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Will Donald Trump be forced to testify before the US House January 6 committee investigating the US Capitol attack

Former US president Donald Trump has been subpoenaed by the committee investigating the January 6 2021 attack on the US Capitol. 

He has been ordered to testify under oath and provide documents as the House of Representatives committee works to wrap up its investigation. 

The move has sparked questions about whether Mr Trump will comply with the order.

Let's take a look at what the committee is seeking and what Mr Trump's next move is likely to be. 

Committee issues subpoena 

The committee is asking Mr Trump to hand over documents by November 4 and provide testimony “on or about” November 14 and possibly for longer.

The nine-member panel has already interviewed more than 1,000 people as part of the investigation.

The committee has spoken to people who are close to Mr Trump, but politicians believe there are details that only he can confirm.

In a letter accompanying the subpoena, the committee said they wanted to speak to Mr Trump because of his "central role" in the effort to overturn his defeat.

The letter said Mr Trump knew it was illegal and that he knew his claims about the election were false.

What is the committee asking for in the subpoena? 

The panel is mainly seeking text messages, phone call logs and other communications from Mr Trump.

This includes any conference calls on the day of the attack on the US Capitol. 

It specifically mentions the encrypted messaging app Signal, which was frequently used by Mr Trump's aides and allies. 

The requests include any communications referring to extremist groups who were coming to Washington and pressure on state legislators to overturn the vote.

It calls for messages about his vice-president, Mike Pence, whom Trump was pushing to object to President Joe Biden’s victory.

The committee is asking Mr Trump to provide any photos and video "relating in any way" to the events on January 6.

The request also asks for electronic or handwritten notes or any other documents "memorialising conversations" about the joint session of Congress or the violence.

The committee has specifically asked Mr Trump to include any notes about his "possible travel to the Capitol that day."

This follows testimonies that he was extremely angry when security blocked his plan to join the march to the Capitol.

The letter accompanying the subpoena specifically asks for testimony about his dealings with several of his closest allies.

These are the allies that have asserted their fifth amendment rights against self-incrimination to the committee.

Can Mr Trump refuse? 

If Trump doesn't comply, the panel will have to weigh the practical and political implications of a vote on holding him in contempt of Congress.

If the full house votes to recommend such a charge, the Justice Department will review the case.

Congressional testimony by a former or sitting president is not unprecedented.

The letter by the committee lists seven former presidents, most recently Gerald Ford, who testified after leaving office.

Mr Trump's former White House chief strategist Steve Bannon has been convicted on two counts of contempt of Congress for refusing to testify or provide documents subpoenaed by the committee.

Mr Bannon has been sentenced to four months in prison but will stay out of jail pending an appeal.

Even if he does comply, it may not help the committee as much as they like, as it has happened before.

For example, during the probe of Russian cooperation with his 2016 campaign, his answers did little or nothing to advance the investigation.

But holding a former president in contempt would be another matter, an exceptional step for any Congress.

Former Trump advisor Steve Bannon sentenced to four months prison.

What's likely to happen next?

The likelihood of Mr Trump testifying before the committee is unclear.

He could simply try to run out the clock. 

If the Republicans win a majority in the House in November's midterm elections it is likely the committee's mandate will end.

Committee members have not said how they will proceed if Trump disregards his subpoena.

Mr Trump has called the investigation a "charade and a witch hunt".

He has expressed "anger, disappointment and complaint" that the committee is not investigating his false claims of widespread election fraud.

ABC/ Wires

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