Cipollone and Philbin repeatedly pushed back on efforts to overturn the 2020 election and opposed a proposal to replace the attorney general with someone willing to look into false claims of election fraud. Both Philbin and Cipollone indicated that they would resign should such a plan be executed.
Philbin has already testified about the Capitol attack in a separate probe — he appeared earlier this year before the House select committee investigating January 6, CNN previously reported.
During Cipollone’s own testimony before the House committee, he told investigators that on January 6 he was joined by a number of top Trump advisers — including Philbin — in pushing the former President to issue a strong condemnation of the attack.
The criminal probe being conducted by the FBI into the Capitol attack is the biggest investigation in the bureau’s history, with the Justice Department having arrested more than 840 individuals, charging roughly 255 with assaulting, resisting or impeding officers that day — 90 of whom are charged with using a weapon or causing serious injury to an officer, CNN reported earlier this summer.
Roughly 185 Capitol rioters have been sentenced so far, with more than 80 receiving jail time.
Earlier this year, the Justice Department expanded its investigation beyond the rioters who breached the Capitol into fundraising and organizing for the political rally that served as a prelude to the riot as well as into efforts to subvert the Electoral College vote count.
This story has been updated with additional details Thursday.
CNN’s Devan Cole, Gabby Orr, Annie Grayer and Veronica Stracqualursi contributed to this report.
