Agents involved in Mar-a-Lago search ask Judge Aileen Cannon whether gag order blocks testimony

FBI agents who probed Donald Trump’s handling of classified documents at his Mar-a-Lago home asked Judge Aileen Cannon on Thursday whether they could testify before a grand jury — or even consult their lawyers — as part of an investigation into whether former government officials conspired against the president.

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According to the filing, the current and former agents were subpoenaed to testify about their work in the the sweeping South Florida investigation into whether federal officials who criminally investigated Trump participated in a coordinated effort to deprive him of his rights.

But the agents said they were unsure what they could disclose because Cannon restricted disclosure of special counsel Jack Smith’s report and non-public information associated with it.

The former agents describe being in a bind. If the agents share information that Cannon has prohibited from disclosure, they risk being held in contempt of that order, according to the filing. But they could also find themselves in legal trouble for not providing information that the grand jury is requesting, their attorneys said.

The agents’ filing adds to the uncertainty surrounding the “grand conspiracy” investigation, one of the president’s top priorities at the Justice Department.

CNN has reached out to the Justice Department for comment.

Earlier this month, Joe diGenova, the attorney who oversaw the probe, resigned after clashing with senior department officials over its pace, CNN reported. His departure surprised officials who had expected charges within weeks, according to people familiar with the matter.

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Joseph diGenova attends a news conference in November 2020.
Joseph diGenova attends a news conference in November 2020.
Tom Williams/CQ-Roll Call, Inc via Getty Images

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Acting Deputy Attorney General Trent McCotter and Principal Associate Deputy Attorney General Aakash Singh last week traveled to Florida for a meeting scheduled before diGenova’s resignation, two of the sources said. Instead, after his resignation, they met with US Attorney Jason Reding Quiñones and his deputy, Yara Klukas, to discuss the investigation’s future.

The meeting produced few answers, the people said. Quiñones and Klukas would oversee the probe for now, they agreed, with assistance from McCotter and Singh in Washington, the sources said. The prosecution team continues to pursue possible individual cases against Trump political critics, sources told CNN, though charges in the immediate future were very unlikely, the officials agreed during the Florida meeting.

Still, investigators have sent grand jury subpoenas to multiple officials involved in past investigations of the president, including the agents on the Mar-a-Lago case. Former CIA Director John Brennan also received a subpoena to testify as part of the probe, his lawyers have said.

And a former supervisor in the FBI’s Russia 2016 election interference investigation recently sat for an interview with investigators, CNN previously reported. That person was given immunity by prosecutors.

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