Roger Stone, Mark Meadows won't cooperate with House committee's probe into Jan. 6 attack

Stone's attorney tells ABC News Stone will assert his Fifth Amendment privilege.

December 07, 2021, 9:16 PM

Former Trump adviser Roger Stone will assert his Fifth Amendment privilege in response to a subpoena issued by the House select committee investigating the Jan. 6 attack on the Capitol, Stone's attorney has told ABC News.

Earlier Tuesday, two sources familiar with the matter told ABC News that former Trump White House chief of staff Mark Meadows had informed the committee that he is no longer cooperating with the probe.

Stone's attorney, Grant Smith, told ABC News that the assertion of Stone's rights is "necessitated by Congressman (Adam) Schiff’s comments on CNN that everything the Select Committee receives in the course of their investigation will be provided to the DOJ, as well as comments by Chairman (Bennie) Thompson on MSNBC where he stated that he believes people who exercise their constitutional rights have something to hide and are part and parcel guilty of the activity."

"Their statements are the very reason Mr. Stone must take the action he is taking," Smith said.

PHOTO: In this Nov. 15, 2019, file photo, Roger Stone leaves federal court in Washington. The Justice Department has sued former President Donald Trump's ally Stone.
FILE - In this Nov. 15, 2019, file photo, Roger Stone leaves federal court in Washington. The Justice Department has sued former President Donald Trump's ally Stone, accusing him and his wife of failing to pay nearly $2 million in income tax.
Jose Luis Magana/AP, FILE

In a letter to the committee from Meadows' attorney, Meadows' team says that they had intended to cooperate with the committee -- but no more.

"We agreed to provide thousands of pages of responsive documents and Mr. Meadows was willing to appear voluntarily, not under compulsion of the Select Committee's subpoena to him, for a deposition to answer questions about non-privileged matters. Now actions by the Select Committee have made such an appearance untenable," the letter from George J. Terwilliger II stated.

Terwilliger, in the letter, said that Meadows "has consistently sought in good faith to pursue an accommodation with the Select Committee," but claims the panel has made an appearance for a deposition untenable because they have "no intention of respecting boundaries concerning Executive Privilege."

PHOTO: In this Oct.23, 2020 file photo White House Chief of Staff Mark Meadows listens as President Donald Trump speaks about a Sudan-Israel peace agreement, in the Oval Office in Washington, D.C.
In this Oct.23, 2020 file photo White House Chief of Staff Mark Meadows listens as President Donald Trump speaks about a Sudan-Israel peace agreement, in the Oval Office in Washington, D.C.
Win Mcnamee/Getty Images, FILE

In a subsequent statement, Thompson (D-Miss.) and vice chair Liz Cheney (R-Wyo.) said they would pursue contempt of Congress charges if Meadows fails to appear before the committee on Wednesday as scheduled.

"Tomorrow's deposition, which was scheduled at Mr. Meadows's request, will go forward as planned," the statement said. "If indeed Mr. Meadows refuses to appear, the Select Committee will be left no choice but to advance contempt proceedings and recommend that the body in which Mr. Meadows once served refer him for criminal prosecution."

A floor vote holding Meadows in contempt of Congress could lead the Department of Justice to pursue criminal charges as they have already done with former Trump adviser Steve Bannon.

Last week the committee suggested that Meadows had agreed to come forward for a deposition without preconditions, based on their initial communications.

Meadows' attorney did not immediately respond to a request for comment from ABC News.

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