Former national security adviser Robert O’Brien has reportedly been subpoenaed by special counsel Jack Smith.
In response, O’Brien invoked executive privilege in a bid to shield himself from being compelled to divulge information Smith is seeking for his investigations into both the stash of classified documents found at former President Donald Trump's Mar-a-Lago resort and the Jan. 6 Capitol riot, two sources told CNN.
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O’Brien served as Trump's national security adviser from 2019 until 2021. Like others in the Trump administration, O’Brien contemplated resigning from his post early in response to the Capitol riot, but he ultimately opted to stay on board.
Given the fact that the National Security Council is typically involved with handling classified documents at the end of presidential administrations, O'Brien, who was an executive on the council, may have insights about how sensitive files wound up at Trump's Palm Beach, Florida, resort.
Smith was appointed to oversee the Justice Department's twin investigations revolving around Trump, the Mar-a-Lago classified documents case, and the Capitol riot and coinciding efforts to overturn the 2020 election. His appointment came in the wake of Trump's 2024 campaign debut.
Over 300 files with classification markings were unearthed at Mar-a-Lago, including ones that ranged from "CONFIDENTIAL to TOP SECRET information," according to an affidavit for the Aug. 8 raid on Mar-a-Lago. Trump has denied wrongdoing, insisting that a president can declassify content just "by thinking of it."
Since taking the reins of the inquiry, Smith has begun dolling out subpoenas and conducting interviews with key witnesses. Trump's acting Homeland Security Secretary Chad Wolf was interviewed under oath by Justice Department lawyers in recent weeks, CNN reported.
Wolf's former top lieutenant, Ken Cuccinelli, also delivered testimony before a grand jury connected to Smith's Jan. 6 and election interference investigation, per CNN. All three men previously met with investigators from the House Jan. 6 committee.
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After Smith's appointment, revelations emerged that President Joe Biden's team discovered multiple batches of classified documents stemming from his vice presidency days at a think tank and his Wilmington, Delaware, residence. Documents marked classified were also found at former Vice President Mike Pence's Indiana residence.
Pence has also been subpoenaed by Smith, according to ABC. Special counsel Robert Hur has been named to investigate Biden's classified document debacle.