Trump officials can testify to the former President’s actions leading to the uprising, Justice Department has ruled

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The decision allows for some former Justice Department officials to testify to what they witnessed on the turbulent day between the election loss of former President Donald Trump and in early January when he tried to use the Justice Department and other way to promote false claims that he won.

Among the potential witnesses from whom a special select committee investigating the Jan. 6 uprising is expected to seek testimony is Jeffrey Rosen, who acted as attorney general in late December and until its inauguration. by President Joe Biden.

Rosen and other Justice officials are in the midst of a campaign to pressure Trump and other White House officials to return his vote fraud claims. Angry that the Justice Department did not see evidence of fraud, Trump considered replacing Rosen with Jeffrey Clark, another Justice Department official who has signaled support for fraud claims. Rosen and a team of top Justice officials are preparing to resign if Clark is made the attorney’s representative.

The decision of the Department of Justice applies to former employees of Justice. Other potential witnesses the committee may wish to hear, such as former White House officials, may be subject to different criteria under executive privilege.

The DOJ notified former officials on a Monday that they are free to provide “unlimited testimony” and “regardless of potential privilege,” according to a copy of a letter reviewed by CNN.

House Oversight and Senate Judiciary committees have asked the department to allow some former officials to testify about their interactions with Trump and other White House officials, the letter said. The newly elected committee investigating the riot at the Capitol may ask for similar testimony.

“Extraordinary events in this matter constitute exceptional circumstances that permit a residence in Congress in this case,” the letter from Bradley Weinsheimer, associate deputy Attorney general, said.

The letter said the department consulted with the White House Counsel’s office, which cited President Joe Biden’s decision not to seek executive privilege.

An attorney for Trump did not immediately respond to a request for comment.

The move is among two politically sensitive issues facing Attorney General Merrick Garland this week. Later Tuesday, the Justice Department faces a deadline to tell a federal judge if it plans to protect Rep. Mo Brooks, who is an accused in a lawsuit brought by Rep. Eric Swallwell about Brooks began speaking at the Trump rally to the crowd before the Jan. 6 attack on the capitol.

Brooks argued that the Department of Justice should take over his defense because he was acting as a member of Congress at the political rally.

Some liberals have been critical of Garland for his efforts to restore the Justice Department’s institutional standards, which included alignment with some Trump-era decisions made by the department. Among them: the Justice Department continued to defend the former President in a lawsuit brought by E. Jean Carroll, who accused Trump of sexually assaulting him and accusing the former President of defamation.

This story has been updated with additional details from the DOJ.

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