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Cipollone and Philbin engaged in weeks of discussions with DOJ over executive privilege issue

By Evan Perez, CNN Justice Correspondent

Former Trump White House lawyers Pat Cipollone and Patrick Philbin had weeks of discussions with Justice Department prosecutors before their Washington, DC, grand jury appearance on Friday, people briefed on the matter tell CNN.

The purpose of those talks was to outline the types of questions the two men would answer and which they may seek to assert executive privilege and decline to answer, the sources said.

It’s unclear which specific questions they ultimately said they would answer.

The grand jury in DC is one investigating possible January 6-related crimes that go beyond the violent riot at the US Capitol.

This part of the investigation is, among other things, examining the conduct of the former President and people around him, including campaign lawyers and other operatives, who helped organize fake electors in seven battleground states in a scheme to keep Trump in office despite losing the election.

Cipollone and Philbin previously testified to the House select committee investigating January 6, where they declined to some questions because of executive privilege.

The discussions with the Justice Department were intended to reach an arrangement between the two sides over possible executive privilege issues.

Unlike congressional investigations, federal prosecutors and investigators in criminal probes generally have greater leeway to pierce claims of executive privilege.

Both Cipollone and Philbin were seen entering the federal courthouse in DC on Friday. Both declined to comment.

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