Calling Donald Trump: Not if, but when and how

The committee is almost certain to seek testimony from Trump himself; it has long been seen as a fait accompli. While members of the panel have treaded cautiously around the question of whether to call the former president, it’s clear through court filings — and one landmark ruling by a federal judge — that their probe has revealed compelling evidence he broke the law in his efforts to prevent the peaceful transfer of power.

“We’ll be talking about the likelihood of a Trump interview in the not-too-distant future,” Jan. 6 panel chair Rep. Bennie Thompson (D-Miss.) told reporters Thursday, a day after Trump told the Washington Post that he would consider testifying depending on the substance of the panel’s request.

Thompson later told CNN that a request for Trump would likely be voluntary, not via subpoena. Only one former president, Harry Truman in 1953, has ever faced a congressional subpoena, and he very publicly refused to comply. DOJ has long cited the Truman example as a significant precedent in legal arguments that oppose subpoenaing presidents or their advisers.