GOP lawmakers may be confronted with taking the 5th if subpoenaed over Capitol riot: legal analyst

Responding to a CNN report that the House committee investigating the January 6 Capitol riot has asked telecommunications companies to preserve the phone records of close to a dozen Republican lawmakers, a former prosecutor suggested the development could lead to subpoenas and possible legal battles for the GOP members.

On Monday, CNN reported on the committee's demand that targeted GOP Reps. Lauren Boebert (CO), Marjorie Taylor Greene (GA), Jim Jordan (OH), Andy Biggs (AZ), Paul Gosar (AZ), Mo Brooks (AL), Madison Cawthorn (NC), Matt Gaetz (FL), Louie Gohmert (TX), Jody Hice (GA) and Scott Perry (PA).

Additionally, CNN reported, "...the committee will also request the records of the former President be preserved, as well as his daughter Ivanka, his sons Donald Trump Jr. and Eric Trump, as well as his daughter-in-law Lara Trump and Kimberly Guilfoyle, who is Trump Jr.'s girlfriend and worked on the campaign."

Asked about the turn of events, CNN legal analyst Elie Hoenig said the records -- which will likely be turned over -- will provide investigators with times and contacts on Jan 6th that will be used to construct a timeline of the day's events including calls related to the rally.

Asked by CNN host Jim Sciutto whether the GOP lawmakers could avoid being subpoenaed -- and if they are how they could get out of testifying -- Hoenig claimed they have few legal options.

"If they are summoned, subpoenaed, do they have to comply?" Sciutto asked. "We saw in the Trump administration so many subpoenas fought, delayed or ignored."

"That's going to be an interesting question," Hoenig replied. "What if the committee subpoenas its own: Jim Jordan, Lauren Boebert and Kevin McCarthy, will they fight back against it? Legally I don't see a basis to do that -- there's no way they can call on that to try to get out of that."

"Even conversations that may have happened between, let's say, Kevin McCarthy and the White House -- that won't be subject to executive privilege because it's outside of the executive branch," he continued. All they really can do to avoid testifying, maybe there's political ways, but they can take the Fifth. Anyone can take the Fifth if they think they may have criminal liability. They're entitled to do that [but it] sure does look terrible."

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