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Legal scholars and experts have speculated that the latest developments from the January 6 House committee are enough to give the Department of Justice (DOJ) what it needs to flip those closest to former President Donald Trump, but there may be one person in particular who poses the greatest threat to Trump.
Attorney Ryan Goodman, a former special counsel to the general counsel of the Department of Defense, had previously predicted that former White House Chief of Staff Mark Meadows would agree to cooperate with the DOJ's probe, given testimony that alleged his staff had urged witnesses against recalling too much to the House panel during its depositions.
And now, new evidence released by the committee may further implicate Meadows and push him into turning on Trump to avoid his own legal fate.
According to a transcript released on Tuesday, former White House aide Cassidy Hutchinson told congressional investigators that between the 2020 election and mid-January 2021, she saw Meadows regularly burn documents. She testified that she saw him throw documents into the fireplace "roughly a dozen times" but that she did not know what the documents were.
Attorney Norman Eisen told Newsweek that the latest revelations increase Meadows' own liability, which in turn makes him a greater risk to Trump.
"Meadows' liability continues to deepen," Eisen said. "The more trouble he's in, the more likely he is to cut a deal and testify against Trump."
"Now, Meadows has been a strong Trump loyalist, so we can't know if that will happen," Eisen added. "But the usual pattern is that the worse the evidence against an individual is, the more likely they are to attempt to cooperate. That has certainly been my experience in over three decades of practicing criminal law."
Eisen, who also previously served under the Obama administration, said that based on his experience working in the White House, Meadows' act of burning documents—without proper disposal, which is required in the White House—could suggest the former chief of staff was involved in something "more nefarious."
He said the burning of documents not only raises suspicions that Meadows was hiding something from the public, but that it may also act as evidence of obstruction of justice or violation of the Presidential Records Act.
"Hutchinson's testimony about the document destruction, including after two visits from Congressman Scott Perry, who is deeply implicated in the coup attempt, go to consciousness of guilt," Eisen said.
In her deposition, Hutchinson said the document burnings occurred at least twice after meetings with Perry, who has been linked to the efforts to overturn the results of the 2020 election.
Former federal prosecutor Neama Rahmani said if Hutchinson's testimony is accurate, Meadows will have committed "a whole host of federal crimes" that will give DOJ special counsel Jack Smith and Attorney General Merrick Garland leverage over the Trump ally.
"The Department of Justice can 'squeeze' the former chief of staff to flip on Trump. The more evidence against him and the more time Meadows is facing, the more likely he turns on others to save himself," Rahmani said.
On the other hand, attorney Andrew Lieb said Meadows could dispute Hutchinson's testimony or deny burning any original documents—as opposed to duplicated copies—which would mean he never violated federal laws.
But, Lieb said he believes regardless of the new evidence, Meadows has "already flipped" because of the solid evidence of witness tampering that Hutchinson had already revealed in previously publicized testimony.
"Either way, burning documents sure is a must to be included in the script that will lock down an Emmy for outstanding television movie when the 'Trump Trial' is available on streaming," Lieb said.
About the writer
Katherine Fung is a Newsweek senior reporter based in New York City. She has covered U.S. politics and culture extensively. ... Read more