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Renato Mariotti

Renato Mariotti

Sep 23, 2022
7 tweets

THREAD: Will Trump be able to block the testimony of former White House attorney Eric Hirschmann?

1/ CNN just reported that Trump's team is fighting a secret court battle to block the grand jury testimony of former White House attorney Eric Hirschmann & others. Hirschmann previously provided colorful (& important) testimony to the Jan. 6th Committee.…
2/ Hirschmann would be an important witness for federal prosecutors investigating January 6th as well as the fake electors scheme because he gave blunt advice to dishonest lawyers Jeffrey Clark, John Eastman, and others in which he stated that their actions were criminal.
3/ The power and importance of testimony like that cannot be overstated. It is rare that a jury hears testimony that a criminal defendant has warned -- before attempting to engage in criminal activity, that his actions would constitute a federal crime.
4/ But what is even more important is what we *didn't* hear from Mr. Hirschmann. He did not tell the January 6th committee about advice that he provided to Trump. It's possible that he didn't provide any advice to him, but there have been recent reports to the contrary.
5/ It is also safe to say that Trump would have no basis to block Hirschmann's testimony if he was only communicating to third parties, such as John Eastman. So does Trump have the right to block Hirschmann from testifying regarding his legal advice to Trump as president?
6/ This is a rare situation where there is a case that is *directly* on point, which puts DOJ in a particularly strong position because this issue would be decided by a court that is bound to follow the prior decision, since it was by the D.C. Circuit Court of Appeals.
Renato Mariotti

Renato Mariotti

Former federal prosecutor. Legal analyst for TV and print. Host, #OnTopic podcast. Columnist, @POLITICOMag. Partner @BCLPlaw. Instagram: renato.mariotti
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