Drawing largely on testimony gathered by the House Jan. 6 Committee, the BBC’s attorneys say Donald Trump Jr. and Ivanka Trump were present as the president revised his speech and were on hand at the Ellipse as he spoke. The network’s lawyers also say Kushner drafted a proposed statement for the president condemning the violence.
The subpoenas seek both deposition testimony and relevant documents from the Trump family members.
Court filings indicate that the BBC tried to serve the subpoenas to Kushner and Ivanka Trump’s home in Miami in May, but police blocked the attempt. A lawyer for the Secret Service, Troy Epstein, informed the BBC’s lawyers by email that the agency could not accept the subpoenas.
“The United States Secret Service, as an agency of the United States Government, is not authorized to accept service of these subpoenas for these individuals, nor can we opine on how you all may best facilitate or effectuate service of these subpoenas,” Epstein wrote.
A similar attempt to serve Donald Trump Jr. at the Trump Organization’s Trump Tower offices in New York was also unsuccessful.
In a motion filed Friday in federal court in Miami, the BBC’s attorneys said the president’s lawyers also refused to accept the subpoenas. The network is asking the court to authorize service by mail or to order that service through President Trump’s attorneys is adequate.
Spokespeople for the Trump family members and for President Trump’s legal team did not immediately respond to requests for comment.
