Stressing that Kerik has been subpoenaed by the panel for his testimony and documents, Politico received a letter written by his lawyer, Timothy Parlatore. The letter indicated Kerik will produce a log of other documents he is sure are covered by various privileges.
Concerned that those documents not deemed privileged could be released selectively, Kerik revealed that he expected to post them on a public website, according to Politico.
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In his letter, Parlatore announced Kerik would appear for his scheduled January 13 testimony before the panel, though it would raise objections to his subpoena.
"As I have stated from the beginning, Mr. Kerik is happy to provide all of the responsive documents, as well as to sit and answer all appropriate questions regarding these matters," Parlatore stated in the letter.
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Rep. Bennie Thompson, D-Miss., the committee chair, issued a statement on November 8 explaining that subpoenas had been issued to six associates of former President Donald Trump, including Kerik.
The Select Committee announced Kerik paid for hotel rooms that served as command centers ahead of Jan. 6.
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Trump had announced he was waiving attorney-client privilege to allow Kerik to testify before the House Jan. 6 Select Committee.
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Trump demonstrated he was doing so because House Speaker Nancy Pelosi's panel, in its subpoena to Kerik, had asked for voter-fraud proof that has been "hidden from the public."
Though Politico announced, Parlatore rejected the idea that Trump had totally waived attorney-client privilege.
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"To the extent that you do not understand the conditional nature of this privilege waiver, I would suggest that you have committee counsel obtain a clarification from the attorneys for former President Trump," Parlatore wrote in his letter.
"To be clear, Mr. Kerik very much wants to cooperate with the committee and to comply with the subpoena," he stated. "He is being hampered by the committee's refusal thus far to accept the conditions of the privilege waiver."
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The bulk of Parlatore's letter focuses on disputed charges that the Jan. 6 Committee is structurally invalid because it includes no members appointed by House GOP Leader Kevin McCarthy. This allegation has become a feature of many lawsuits lodged by targets of the committee investigation resisting subpoenas for testimony or phone records.
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The allegations stress that House subpoena and deposition rules require "consultation" between the chair of a committee and the "ranking member" of the minority party. But in this case, there is no ranking member appointed by the GOP. Rather, the two Republicans on the panel — Reps. Liz Cheney and Adam Kinzinger — were appointed by Speaker Nancy Pelosi.
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