'Absolutely fair game' to demand Trump's personal phone records: former DOJ official
Photo Saul Loeb/AFP

Appearing on CNN on Friday morning, former Deputy Assistant Attorney General and U.S. Attorney Harry Litman suggested reports that there was a large gap in White House call logs on Jan. 6 should compel the House committee investigating the insurrection to get Donald Trump's personal phone records as well as those belonging to his inner circle.

According to a report from the New York Times, questions are being raised about the lack of White House phone traffic during the "critical hours when investigators know that he [Trump] was making them" following the president appearing at the "Stop the Steal" rally in Washington D.C.

With the NYT adding, "Investigators have not uncovered evidence that any official records were tampered with or deleted, and it is well known that Mr. Trump routinely used his personal cellphone, and those of his aides, to talk with other aides, congressional allies and outside confidants, bypassing the normal channels of presidential communication," former prosecutor Litman was asked by CNN's Bianna Golodryga what is next for the committee.

"There had been concerns and warnings given how unorthodox the former president's behavior was and he regularly used his cell phone or other people's cell phones that this scenario could very well play out and here we are," the CNN host prompted. "So what are the openings for the committee members in terms of trying to get access to phone records? Will they opt for subpoenaing some of these people whose phones the president may have used?"

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"Yeah, it is a great question, and you say unorthodox and that's certainly true," the attorney replied. "But, you know, cavalier and contemptuous of the American people would be another way to put it, and also maniacal about trying to keep any record from being created."

"We know at this period, in particular, he's insisting on meetings in the residence with only a small circle," he elaborated. "What can they do now and as you say, we know these calls were made? Well, they can subpoena the records of close associates for the cell -- that would be the same kind of thing and it would show if they went to his phone. Of course he's also known sometimes to use aides' personal cell phones and they could, there is no reason not, no special doctrine that would keep them from subpoenaing his actual personal cell phone records. It would just be a little bit more of a fight, he would push back on some, you know, on a presidential basis, but absolutely fair game."

Watch below:

CNN 02 11 2022 09 44 30youtu.be