John Eastman, a lawyer who wrote a petition arguing that former Vice President Mike Pence might change the 2020 election, said he planned to demand his right to amend the Fifth Amendment against his commitment to a House committee investigating the January 6 attacks on the US Capitol.
The committee called on Eastman to respond to the paperwork and appear at the launch on December 8.
In an interview Thursday with former Trump adviser Steve Bannon, Eastman called the committee a "fraud" and suggested he might not appear in his post.
"My legal team has compiled a legal response to the summons stating all the reasons why I would have to prove my rights under the Fifth Amendment not to testify, not to produce all these documents," Eastman told Banon's "War Room". podcast.
If Eastman does not step down, he will follow in the footsteps of Bannon, who has already been charged with defamation of federal treason in defiance of Congress. Bannon has denied the allegations.
Letter dated Dec. from Eastman's lawyer, Charles Burnham, was first reported by the National Pulse website and later obtained by Politico.
In the letter, Burnham writes that "Eastman here asserts that his Fifth Amendment has the right not to be a witness against him in response to your request" out of concern "that any statements he makes in connection with this application shall be used in an attempt to file a criminal investigation."
"Although Dr. Eastman openly denies any wrongdoing, he fears that the information he has requested may be used in court," Burnham said in a letter, quoting the court's authority and issuing the summons. Eastman releases are full.
Burnham did not respond to a request for comment and NBC News did not confirm the letter independently. NBC News also reached out to the committee on January 6.
The chairman of the panel, Rep. Bennie Thompson, D-Miss., Wrote in a November 8 letter to Eastman that "his writings and testimony are directly related to the Select Committee's inquiry, as he appears to have been instrumental in advising President Trump that Deputy President Pence could decide which candidates were honored on January 6, opinion many of those who attacked the Capitol apparently also shared it. "
According to the committee, Eastman briefed about 300 provincial legislatures on allegations of voter fraud and allegedly told the party to "ensure we do not include in the White House any unelected person."
Eastman told Bannon this week that subpoena demands are "far-reaching."
"I was called to testify on the January 6 committee, but I will also produce documents, a 19-month communication, everything I have written or said or sent to anyone about electoral integrity, including my lists," Banon told her.
Eastman is the second witness called to say he will use the Fifth Amendment. Earlier this week, attorney Jeffrey Clark, a former chief justice of the Department of Justice who opposed the baseless allegations of fraud by then-President Donald Trump, said his client planned to take a fifth term when he was dismissed by the committee.
Clark initially refused to answer any questions from the committee when he appeared before the team last month, saying he had the right to manage.
His lawyer's suggestion that he testify again at the request of a fifth party came the night before the committee voted to move him to the Department of Justice for allegedly insulting Congress. The committee voted to continue the transfer, but said it would not be finalized if he cooperated with her in her next post.
Clark was due to be released again on Saturday, but the committee announced Friday night that the application had been postponed to Dis. 16 after Clark informed the panel about a medical condition that prevented him from appearing on Saturday.
"Chairman Thompson wishes Mr Clark well," a spokesman for the committee said in a statement.