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Salon
Salon
Politics
Bob Brigham

DOJ tries to force Patel to testify

Former Chief of Staff to the Department of Defense Kash Patel speaks during a campaign rally at Minden-Tahoe Airport on October 08, 2022 in Minden, Nevada. (Justin Sullivan/Getty Images)

Federal prosecutors are seeking to compel testimony from a former top Donald Trump aide about public claims that the documents recovered by the FBI at Mar-a-Lago had been declassified, according to a report by The New York Times published online on Wednesday evening.

"No evidence has emerged that Mr. Trump did so, and Mr. Trump's lawyers have not repeated the claim in an ongoing court dispute with prosecutors over materials seized by the F.B.I. during a search of Mar-a-Lago, his Florida estate, in August," the newspaper reported. "But the Justice Department's interest in questioning Mr. Patel about the claim shows that prosecutors see it as potentially relevant to their investigation into the handling of the documents and whether Mr. Trump or his aides obstructed the government's efforts to reclaim them."

Patel is one of Trump's official representatives to the National Archives and Records Administration (NARA).

"The push for the testimony has also created friction between the Justice Department and Mr. Patel's lawyers, who have argued that the department could use his statements against him if they build out a larger obstruction investigation," the newspaper reported. "The Justice Department has publicly acknowledged that obstruction is among the crimes it is investigating."

Patel reportedly repeatedly invoked his Fifth Amendment right against self-incrimination.

"Even if Mr. Trump had declassified the documents at issue, it would not change his exposure to two of the crimes the Justice Department is investigating, particularly obstruction of justice," the newspaper reported. "Whether the documents were classified or marked as such has no bearing on whether Mr. Trump willfully impeded efforts by the government to retrieve the documents in the face of a subpoena."

Read the full report.

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