The Metro Board of Directors voted on Thursday to pay the attorney fees for a current board member and a former board member. Neither of them are accused of wrongdoing. Instead, they have been subpoenaed in the criminal probe into Jack Evans, the former board chairman and current Ward 2 councilmember.

The two board members who received grand jury subpoenas to testify and produce documents in connection with the federal investigation are Clarence Crawford, the former board member from Maryland who headed up the Metro board’s Ethics Committee investigation into Evans, and David Horner, a federal appointee who sits on the ethics committee, Metro General Counsel Patricia Lee revealed at the board meeting.

WTOP first reported that board members had received subpoenas in relation to the Evans inquiry.

The resolution, which was approved without discussion, requires the transit agency to pay “reasonable attorney’s fees and expenses” in connection with the subpoena for both Crawford and Horner, and authorizes Horner to hire his own counsel in the matter.

In March, the ethics committee launched an investigation into Evans, then the chairman of the board, after the release of emails showing he tried to leverage his public roles at Metro and at the D.C. Council for private enrichment. In late May, Evans announced he would not seek reelection as chairman. At that same meeting, Crawford said the ethics investigation into Evans had wrapped up, but the probe’s findings remained under wraps for nearly a month.

Amid the radio silence from Metro, Evans maintained that he was cleared of all wrongdoing. But that wasn’t true—Lee, Metro’s general counsel, released a memo in late June showing that the committee determined he had violated the Board Code of Ethics for not disclosing a conflict of interest, and he was told not to run for Metro chairman again.

That same week, the report from the law firm that investigated Evans on behalf of the ethics committee was released, outlining “a pattern of conduct in which Evans attempted to and did help his friends and clients and served their interests, rather than the interests of WMATA.” While Evans has questioned the report’s methodology and conclusions, he stepped down from board altogether after it was released.

The memo was also used as justification for a D.C. Council vote this week to strip Evans of his Finance and Revenue Committee chairmanship, and hire law firm O’Melveny & Myers to investigate the Ward 2 councilmember. The council had previously reprimanded him in March.

Crawford and Horner received subpoenas regarding an Evans-focused grand jury on July 3, according to Lee. They join a group that includes Evans’ fellow councilmembers in D.C., the mayor’s office, and his private clients. Federal agents conducted a raid on his home in late June.

Jordan Pascale contributed reporting.