Trump ultimately opted against that strategy, but his consideration of the option is one of the key questions the panel is probing as part of its broader investigation into attempts to overturn the election.
It’s unclear whether the letter is related to the same plan and if Trump knew of its existence. Kerik withheld it, describing it as privileged because of its classification as “attorney work product.”
Another document provided by Kerik to the panel included emails between Kerik and associates about paying for rooms at the Willard Hotel. Kerik had been subpoenaed by the panel on Nov. 8 as part of its investigation into the so-called war room at the Willard Hotel, where Trump allies met to strategize about preventing Congress from certifying Joe Biden’s victory. The panel had originally sent a letter accompanying the subpoena that had incorrectly suggested Kerik was in the war room on Jan. 5, leading Kerik to demand an apology.
The Jan. 6 select committee declined to comment on the new materials.
As part of a seven-page letter to the panel, Parlatore told the committee the former police commissioner would accept a voluntary interview with the panel on Jan. 13, 2022, though he expressed concerns about the conditions of the interview and whether a transcript and recording would be released immediately after, or whether Parlatore could make his own recording of the proceedings.
According to Parlatore, the panel retracted its agreement for a voluntary interview and demanded a deposition instead after he sent his letter to the committee. He expressed dismay at the committee’s retraction of the voluntary interview.
“They seem more interested in creating an appearance of noncompliance than conducting an actual investigation,” he said in a text message.
It is unclear if Kerik would appear for a deposition instead of an interview. A Dec. 23 letter to the panel from Parlatore had included disputed claims that the Jan. 6 panel was structurally invalid and called its deposition process “fatally flawed.” The panel has previously rejected those arguments.
Parlatore declined to comment on the withheld documents but said they hoped the committee would agree to conditions allowing the full disclosure of all documents.