The Justice Department’s issuance of a grand-jury subpoena to former White House counsel Pat Cipollone signals that the criminal investigation of former President Trump is ramping up.
Last month, we’ll recall, Cipollone agreed to sit for an interview with the House January 6 committee. It is important to understand: That was a heavily negotiated appearance in which conditions laid out by Cipollone had to be accommodated. Under Justice Department guidance that has long been followed by administrations of both parties, the president’s top advisers claim absolute immunity from compliance with congressional subpoenas. Moreover, as the lawyer for the president, the White House counsel is obliged by attorney–client privilege (ACP) to maintain the confidentiality of communications with the president and White House staff. (The White House counsel represents the president in his official capacity as president, so the scope of the ACP that applies to their communications is not the same as the scope of the ACP that applies to the president’s communications with his private lawyer.)
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