Capitol insurrection: Donald Trump claims to waive attorney-client privilege for Bernie Kerik to testify

A number of individuals associated with twice-impeached former President Donald Trump are not complying with the subpoenas served to them. The former president recently claimed to waive attorney-client privilege towards the former police commissioner and one of his advisers, Bernie Kerik, to allow him to testify before the House Committee.

The former president waived his attorney-client privilege claim, therefore providing Kerik with a way to testify before the panel. Kerik was subpoenaed by the House Committee last November 8. In the panel’s letter to Kerik, the panel cited the report by the Washington Post revealing that he worked with Rudy Giuliani as early as November 5, 2020, to look into the baseless claims of voter and election fraud and promote the “Stop the Steal” efforts.

“Bernard Kerik reportedly participated in the January 5th, 2021 meeting at the Willard Hotel in Washington DC. Mr. Kerik reportedly paid for rooms and suites in Washington DC hotels that served as election-related command centers and also worked with Mr. Rudolph Giuliani to investigate allegations of voter fraud and promote baseless litigation and ‘Stop the Steal’ efforts,” said the Committee in its subpoena of Kerik early this month.

Kerik was also present at the infamous Four Seasons Total Landscaping press conference. Kerik’s relationship with Giuliani goes back decades, with the former police commissioner working as a driver and bodyguard for Giuliani’s mayoral campaign back in 1993. Kerik was also among those who received pardons from Trump in 2020.

While Trump may have waived attorney-client privileges to allow Kerik to testify before the House Committee, the former president appears determined to withhold records of his White House to the panel. Trump cited executive privilege as a reason to block the National Archives from releasing documents related to the Capitol insurrection to the committee, a claim that was dismantled by a federal judge.

The judge, in their initial hearing, cited that US President Joe Biden has waived executive privilege over his documents, and as the sitting president, his decision holds more weight. Former House impeachment counsel Norm Eisen also dismantled the claim of executive privilege by Trump and his lawyers along with the claim that the House Committee would destroy the executive branch.

“The permanent damage to the presidency that was done when ex-President Trump incited an insurrection on Jan 6th to attack his own government,” said Eisen.