Gov. Eric Greitens has been subpoenaed to appear June 4 - a week from Monday - before the Missouri House Special Investigative Committee on Oversight that's looking into the governor's legal situation.
But Michelle Nasser, one of Greitens' attorneys, told committee Chairman Jay Barnes, R-Jefferson City, that she didn't know if the governor would testify - nor did she know when a decision about his testifying would be made.
Barnes announced the subpoena and the hearing date near the end of Friday's committee hearing, that also included several loud interchanges between Barnes and Nasser, who was attending her first committee hearing.
The meeting began with Barnes issuing a challenge to the governor and his lawyers.
"This is the 88th day of this committee's existence," Barnes noted. "It is the 88th day that Mr. Greitens has refused - has not shown up - after starting with the first day, we had assurances from (the governor's) counsel that he would cooperate with this process."
The main purpose of Friday's hearing was the testimony of Brian Koberna, a forensics expert who was hired by the St. Louis Circuit Court to look at the information on three cellphones - one owned by the governor and two owned by the woman who had an affair with Greitens in 2015 and by her now-ex-husband.
One of the accusations made against the governor is that, during an encounter with the woman, he took a picture of her with a cellphone while she was at least partly nude.
Koberna told the committee he was asked to review information from Greitens' phone for calendar year 2015 and from the other phones from 2014 until this year.
Koberna said he talked with former U.S. Attorney and current Cole County Senior Judge Richard Callahan - who had been named a special master in the case - and was asked "if I could further check the information with regards to photographs (that had been) taken from (Greitens') device" on March 21, 2015.
He reported finding three pictures - but none matching the reports of a picture of the partly naked woman.
"Just because I didn't find a photo doesn't mean it didn't exist," he said, explaining it's possible a picture could have been taken then erased - and, in some phones, erased from the cache as well.
"It typically will remain there," Koberna said, "but there can be reasons for it to be removed."
Changes in a phone's operating system - usually made through updates offered by the device manufacturer or the service provider - also could affect whether a picture was saved permanently, he said.
All three phones involved in his forensic probe were iPhones made by Apple and, theoretically, could have had their electronic information and pictures stored in the away-from-the-devices "cloud."
But, Koberna said, he wasn't told to see if the phones had communicated with any "cloud" service - which also would have required court orders for Apple to make the information available.
Friday's hearing erupted into loud voices and shouting after state Rep. Curtis Trent, R-Springfield, asked Koberna if he could authenticate a document about the results of searching one of the phones.
Trent, an attorney, is one of three new members added to the special committee last week, at the beginning of the Legislature's self-called 30-day special session to decide, possibly, if Greitens should be impeached.
No other committee member had a copy of that document, which Trent said came from Greitens' legal team.
Barnes was furious.
"My concern is that defense counsel told us no such records could be provided to any member of the committee because of a court order," he said, "and now we have a committee member who has been provided with records from the case!"
Barnes several times - in an increasingly loud and demanding voice - asked Nasser to explain the apparent change from previous statements attorney Ed Dowd had made.
Dowd is a former U.S. attorney and a lead attorney on Greitens' legal team.
"I want to look at the evidence," Barnes said. "What I do have a problem with is, Miss Nasser, repeated comments from Mr. Dowd that no such evidence can be provided to anyone - and now, all of a sudden, a document pops up that he said earlier this week could not be provided."
He noted he had a heated exchange with Dowd on Thursday, with, Barnes said, Dowd "yelling at me about the fact that the court order said he couldn't provide any such documents."
St. Louis Circuit Judge Rex Burlison had ordered prosecutors and Greitens' lawyers to stop talking outside the courtroom about possible evidence in the governor's felony invasion-of-privacy case that was to have been tried last week in St. Louis.
But Circuit Attorney Kim Gardner dismissed the case May 14 - hours before the jury trial was to begin - after Burlison ruled Greitens' lawyers could call the prosecutor as a defense witness.
Some lawyers have said the protective order ended when the case ended, but Dowd told reporters Thursday the order still was in effect.
This week, Burlison named Jackson County Prosecutor Jean Peters Baker as a special prosecutor in the case - and her office is investigating whether the criminal charge against the governor will be refiled.
Nasser asked to talk with the committee leaders during a break.
"I am not allowing for a break right now," Barnes said, demanding that she answer questions on the record during the hearing.
Nasser said she respected the committee and its work.
"I was a federal prosecutor in Chicago for 13 years, and I would only ask that I be treated with the same respect that I am treating this committee," she said.
Barnes said the Greitens team's failure to turn over documents that have been subpoenaed is "offensive to this committee and offensive to this process" - especially after one "cherry-picked" document was turned over to one committee member.
He added: "Mr. Dowd lied (on) Monday to this committee. He lied on Tuesday (and) Wednesday to this committee. I am tired of your team playing games with this."
State Rep. Gina Mitten, D-Richmond Heights, said: "For those of us who have been here since day one, we made a very specific review of what we did have and made some very specific decisions to no longer accept cherry-picked evidence."
After a break, Barnes apologized to Nasser - but said he had no similar apology for Dowd.
She accepted the apology - but still said she had been disrespected by Barnes.