By subpoenaing Trump, the 1/6 Committee has given the former president the option of looking weak by not testifying or admitting to crimes and potentially perjuring himself.
Greg Sargent of The Washington Post spoke to legal experts who laid out Trump’s options, “National security lawyer Bradley P. Moss agrees that Trump would risk self-incrimination. “He can’t substantively admit to what went down without effectively conceding the point of corrupt intent,” Moss told me. “But he can’t misstate facts in his testimony either, lest he be subject to perjury charges.”
Trump leaked to Fox News that he wants to testify, but he has done this before. He leaked that he wanted to testify to Mueller but then bargained his way to a series of written responses. Trump also claimed that he wanted to testify during the impeachment trials, and even when impeachment managers gave him an open invitation, he refused to show up.
If Trump dodges and avoids the 1/6 Committee, he will look weak and like he is hiding and afraid to testify. Should the former president testify, he will be risking admitting to committing crimes or perjury.
The 1/6 Committee subpoenaed Trump to give him a chance to tell his side of the story and be heard in the committee’s final report. Outside of perhaps the Department of Justice, no one has more expertise on the events surrounding the Capitol attack than the 1/6 Committee.
Trump is not going to be able to claim that he was denied “due process,” again congressional investigations are not criminal trials. There is no right to due process.
The former president has had his bluff called by the committee, and the options before Trump vary from bad to devastating for his future.
Awards and Professional Memberships
Member of the Society of Professional Journalists and The American Political Science Association
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