Short, Jacob, and Cipollone testified to the Jan. 6 select committee but negotiated strict terms to avoid discussing their direct interactions with Trump — a nod to the disputed possibility that such communications could be protected by executive privilege. But it’s unlikely that such claims would pass muster in a criminal probe.
“There is no way that any court would say they didn’t have to testify to conversations with President Trump in a grand jury investigation — a criminal investigation arising out of that conduct,” said Neil Eggleston, who served as White House counsel to President Barack Obama and represented President Bill Clinton in several executive privilege fights. “There’s no doubt if this got to a court, it would hold that the department is entitled to the information. … I think it’s a no-brainer.”