Neither Donald Trump Jr. nor former White House counsel Don McGahn was ever called before former special counsel Robert Mueller’s grand jury, the Department of Justice said in a filing made public Sunday, The Hill reports.
“Don McGahn did not testify before the grand jury. Indeed, none of the witnesses for whom the Committee requested FBI Interview Reports in Volume II of the Mueller Report, testified before the grand jury, with the exceptions of [redacted],” the DOJ notice states. “Donald Trump, Jr. also did not testify before the grand jury.”
The filing was made public after Judge Beryl Howell of the U.S. District Court for the District of Columbia said the DOJ erroneously redacted the information after invoking grand jury secrecy protections.
“DOJ’s assertion that identifying individuals who did not testify before the grand jury as part of the Mueller investigation would reveal ‘a matter occurring before the grand jury’ is without merit and rejected,” Howell wrote Thursday.
Additionally, Howell suggested it was odd why Trump Jr., President Donald Trump’s son, and McGahn were not subpoenaed to testify.
“The Special Counsel’s reasons remain unknown,” Howell wrote. “The reason is not that the individuals were insignificant to the investigation. To the contrary, both of the non-testifying individuals named in paragraph four figured in key events examined in the Mueller Report. Assessment of these choices by the Special Counsel is a matter for others.”
Bill Burck, McGahn’s attorney, told Politico Sunday “there was no need for a grand jury subpoena” because McGahn “voluntarily agreed to be interviewed.”
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