Former President Donald Trump “More likely than not” attempted “corruption” to obstruct congressional certification of the 2020 election, a federal judge found Monday. The decision allows the committee investigating the January 6 attack on the U.S. Capitol to obtain more than 100 previously protected communications, in a ruling that cited fraud crime exception under a felony statute usually charged against accused rioters.
Judgment not in any criminal proceedings but in a battle of discovery submitted by the author of the so-called “coup memo”lawyer and former law professor John Eastman in the Central District of California. Eastman has struggled to preserve 111 emails from his tenure as chancellor at Chapman University. The communications are mentioned between November 3, 2020 and January 20, 2021, between Election Day and the President. Joe Biden’s inauguration.
Earlier this month, the Committee investigating the January 6 attack on the US Capitol attempted to bypass Eastman’s assertions of privilege through the criminal fraud exception, outlining three hypotheses about the behavior alleged illegality by Trump and Eastman: obstruction of an official proceeding, conspiracy to defraud the United States, and common law fraud.
Found the first two to be reasonable, US District Judge David O. Carter did not see the need to reach the final theory. Carter also found that the evidence “clearly supports” the attorney-client relationship between Eastman and Trump and his campaign from January 4 to 7, 2021. But the judge, citing Eastman remarked that “we no longer follow the Queensbury Code”. found that the lawyer had clearly envisioned going beyond the boundaries of law and norm in urging former vice president Mike Pence to engage in what he called a “minor violation” of the Code of Conduct. law on the number of voters.
“The illegality of the plan was obvious,” Carter wrote in a 44-page article. order. “Our nation was founded on a peaceful transition of power, as featured when George Washington lowered his sword to clear the way for democratic elections. Ignoring this history, President Trump has campaigned vigorously for the Vice President to single-handedly decide the outcome of the 2020 election. As Vice President Pence has stated, ‘there has been no vice president in the history of the United States. Ky once asserted such authority.’ Every American — and certainly the President of the United States — knows that in a democracy, leaders are elected, not installed. With a ‘BOLD’ plan, President Trump has deliberately subverted this basic principle. “
“Based on the evidence, the Court finds it highly likely that President Trump attempted to corruptly obstruct the Joint Session of Congress on January 6, 2021,” Carter added. Bill Clinton appointee.
Of the 111 emails mentioned in the civil proceedings, Carter gave the committee the green light to scrutinize 101 emails. The rest, according to the judge, was “completely groundless”. They even included a blank page, which Eastman wanted to protect, according to the ruling. The judge emphasized that his vision was limited in the civil case, but he ended his ruling on a positive note.
“Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an act unprecedented in American history. Their campaign isn’t just limited to the ivory tower – it’s a coup in search of a legal theory. The plan prompted violent attacks on our nation’s seat of government, resulted in the deaths of several law enforcement officers, and increased public confidence in our political process. we.
“More than a year after the attack on our Capitol, the public is still looking for accountability. This case can not provide it. Courts are only tasked with resolving disputes over a small number of emails. This is not a criminal prosecution; This is not even a civil liability lawsuit. Mostly, this case is a warning about the dangers of falsified ‘legal theories’, overt platforms abusing power, and a desperation to win at all costs. If the plan of Dr. Eastman and President Trump works, it will permanently end the peaceful transition of power, undermining American democracy and the Constitution. If the country does not commit to investigating and holding accountable those responsible, the Court is concerned that January 6 will re-offend.
Attorneys for Trump and Eastman did not immediately respond to emails requesting comment.
This is an evolving story.
Read the order, below:
(Photo by Sean Rayford / Getty Images)
Is there a trick we should know? [email protected]
https://lawandcrime.com/2020-election/federal-judge-fearing-repeat-of-jan-6-finds-trump-more-likely-than-not-tried-to-commit-felony-obstruction-of-congress/ Donald Trump ‘Likely’ Attempting to Obstruct Congress: Judge