Donald Trump formally subpoenaed by January 6 committee

The House January 6 select committee has formally transmitted a subpoena to Donald Trump, compelling the former president to provide an accounting under oath about his potential foreknowledge of the Capitol attack and his broader efforts to overturn the 2020 election.

The subpoena made sweeping requests for documents and testimony, dramatically raising the stakes in the highly charged congressional investigation and setting the stage for a constitutionally consequential legal battle that could ultimately go before the supreme court.

Most notably, the committee demanded that Trump turn over records of all January 6-related calls and texts sent or received, any communications with members of Congress, as well as communications with the far-right Proud Boys and Oath Keepers, extremist groups that stormed the Capitol.

The expansive subpoena ordered Trump to produce documents by 4 November and testify on 14 November about interactions with key advisers who have asserted their fifth amendment right against self-incrimination, including the political operatives Roger Stone and Michael Flynn.

The subpoena also sought materials that appeared destined to be scrutinised as part of an obstruction investigation conducted by the select committee.

Thompson transmitted the subpoena after investigators spent days drafting the order and attorneys for the select committee contacted multiple lawyers working for Trump to ascertain who was authorized to accept its service.

Whether Trump will testify remains unclear. Though he has retained the Dhillon Law Group to handle matters relating to the subpoena, the final decision about his cooperation will be based to a large degree on his own instincts, sources close to the former president suggested.

Any falsehoods from Trump would almost certainly be caught by the select committee. The subpoena letter said the panel intended to have the questioning conduct by attorneys, many of whom are top former justice department lawyers or federal and national security prosecutors.

But the move to subpoena Trump comes with inherent risks for the panel itself. If it were to allow Trump for instance to testify live, they would be faced with a witness who might self-incriminate, but could also use proceedings to repeat lies about the 2020 election that led to the Capitol attack.