The talks revolve around whether Trump would be able to shield conversations he had while he was president from federal investigators.
In recent weeks, investigators have moved aggressively into Trump’s orbit, subpoenaing top former White House officials, focusing on efforts to overturn the 2020 election and executing searches of lawyers who sought to aid those efforts.
The Trump team’s discussions are with the US attorney’s office in Washington, DC, which is in charge of the investigation, and its top January 6 prosecutor Thomas Windom, the sources said. The conversations have not been previously reported.
At this stage, the conversations are focused mostly on whether any communications that witnesses from the Trump West Wing had with the former President can be kept from a federal criminal grand jury under Trump’s claims of executive privilege, the people said.
Trump’s legal defense team has warned him that indictments are possible, sources tell CNN.
Trump has grilled his attorneys on whether they actually believe he will face formal charges, sources said. Yet the former President has expressed a heavy dose of skepticism that he will be indicted, one of the sources familiar with the matter said.
Another source close to the former President told CNN that Trump also has posed questions about a potential indictment to members of his inner circle, some of whom believe the President is concerned about the possibility of federal charges.
But one person close to Trump said he is noticeably more engaged when he is chatting with friends and advisers about the 2022 midterms and his possible presidential campaign in 2024 than he has been during briefings on legal strategy.
This person described the former President as dismissive in conversations about his legal troubles, often repeating his “witch hunt” mantra as he claims the various probes he’s facing are plainly driven by political opponents.
A Trump spokesman said in a statement to CNN: “There is clearly a concerted effort to undermine the vital, Constitutionally-rooted Executive and Attorney-Client Privileges through partisan, political persecution.”
“How can any future President ever have private conversations with his attorneys, counselors, and other senior advisors if any such advisor is forced, either during or after the Presidency, in front of an Unselect Committee or other entity, and be forced to reveal those privileged, confidential discussions?” the spokesman said. “President Trump will not be deterred by witch hunts or kangaroo courts from continuing to defend and fight for America, our Constitution, and the Truth.”
The Justice Department declined to comment.
Mark Meadows could be a key witness
In recent months, the former President has ignored advice from some of his advisers to avoid speaking with former and current aides who have become entangled in the House select committee’s probe into January 6 and may become part of the criminal investigation, people familiar with the matter told CNN.
Trump has specifically been counseled to cut contact with his former White House chief of staff Mark Meadows, whose actions leading up to and on the day of the US Capitol insurrection have been deeply scrutinized by the House panel, the people said.