Report: DOJ subpoenas former Trump White House lawyer Eric Herschmann

Trump White House lawyer Eric Herschmann has been subpoenaed by a federal grand jury investigating the Jan. 6 Capitol attack, a person familiar with the matter told Politico.

The subpoena is for documents and testimony. Herschmann gave former President Donald Trump legal advice but did not work in the White House counsel's office, Politico notes. He represented Trump during his first impeachment trial, and then served as a senior advisor. It's likely that there will be litigation "over the scope of the subpoena and over how executive and attorney-client privileges may limit Herschmann's ability to comply," Politico writes.

Herschmann told the House select committee investigating the Jan. 6 Capitol attack that he pushed back against Trump aides and advisors who wanted to try to overturn the election results, and was at the meeting where there were talks of having the military seize voting machines. Herschmann also testified that he told conservative lawyer John Eastman, a Trump supporter who wanted to block President Biden's victory, that he needed to get "a great f--king criminal defense lawyer. You're going to need it."

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Subpoenas have also been issued to Trump White House counsel Pat Cipollone and deputy counsel Patrick Philbin. Spokespeople for Herschmann and the Justice Department declined to comment to Politico.