On Wednesday's edition of MSNBC's "The ReidOut," former federal prosecutor Glenn Kirschner outlined the best way to recover the information wiped by Secret Service agents off their equipment, in what some experts believe to be a violation of the law.
Even if the data is not recoverable, said Kirschner, the January 6 Committee can put them under oath and make them recall as much of it as they can.
"Glenn, the Federal Records Act, violating that law, there would in fact be consequences for that, but since they can't find these records, you can't really reconstruct what the texts might have said," said anchor Joy Reid. "How would this each be approached potentially if there were violations of the law here?"
"Well, one way you can try to recreate what those text messages said is to put everybody under subpoena," said Kirschner. "Place them under oath and ask them, for example, when you were in the basement of the Capitol in the loading dock trying to urge the vice president to get into the car and he said what Representative Raskin said were the six most chilling words, 'I'm not getting in the car,' what did you communicate to your fellow Secret Service agents? I mean, put them under oath and sweat them."
Even just what is already known about the text message deletion, argued Kirschner, is enough for prosecutors to start investigating.
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"You know, look, at this point, Joy, let's call it what it is," said Kirschner. "They were asked to preserve texts and they deleted them. That, to me, feels like what we call adequate predication, a fancy term for enough evidence to open a criminal probe. If the Secret Service did nothing wrong, then they should welcome an FBI investigation into something that really looks nefarious?"
Watch the segment below or at this link.