Lawyers for a Proud Boys member on trial for seditious conspiracy related to his alleged role in the January 6, 2021, attack on the US Capitol are taking steps to subpoena former President Donald Trump to testify as a witness for the defense.
It’s a longshot bid as judges have previously rejected subpoenas for Trump and arguments that rioters were obeying his orders in other trials of January 6 defendants. Trump’s lawyers also wouldn’t accept service of any subpoena for him unless they had extensive discussions about it first, according to a source familiar with the matter, and they have not decided on a Proud Boys trial subpoena.
The Justice Department has not indicated in court, or in the email to defense attorneys, whether it plans to try to quash this subpoena.
But DOJ has informed defense lawyers they can contact Trump’s attorney Evan Corcoran, according to an email reviewed by CNN. If he refuses to accept service, the Justice Department said they can reach out to the Secret Service’s Miami field office to facilitate the process, or ask the court to order the US Marshals Service to serve the subpoena.
The subpoena asks for Trump to come to the federal courthouse in Washington, DC, on March 1, but bringing Trump into court is likely an uphill battle. Trump’s attorneys also could move to quash the subpoena, and federal prosecutors still have the ability to argue that his testimony isn’t relevant to the ongoing trial.
A federal prosecutor on the case declined to comment.
Norman Pattis, a lawyer who represents defendant Joseph Biggs, announced the subpoena in court last week and asked for the government’s assistance in serving the subpoena. Pattis told CNN on Wednesday that he had reached out to Corcoran about the subpoena and has not received a response. Pattis added that he also has reached out to the Secret Service in…
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