After the Jan. 6 Committee urged the court to invoke the crime of fraud exception to bypass privilege claims, a federal judge agreed on Wednesday to privately examine the emails of Donald Trump What did the lawyer write? called “coup memo.”
“Since the Selection Committee met its burden, the Court decided whether the emails should be considered,” said US District Judge David O. Carter wrote in order of four pages. “The circumstances of this case favor the review.”
Claremont Institute senior colleagues and former law professor John Eastman Written six-page document titled “January 6 Scenario”, widely voiceover a “coup memo” for its multi-pronged effort to overturn the 2020 electionincluding advising the then Vice President Mike Pence to stop or delay its certification.
ONE Bill Clinton Appointment from California’s Central District, Judge Carter plans to scrutinize 111 challenged emails and attachments from Eastman’s Chapman University account, January 4-7, 2021.
“As the Court previously noted, evidence suggests that communications from those dates are essential to the Select Committee’s urgent investigation,” the ruling stated. “As Dr Eastman expressed in his press conference and at the hearing, whether the documents are privileged ‘will be released during this Court’s review.”
Known as a in camera review, a judge’s examination of the documents will help determine whether they represent Eastman’s legal advice to a client – as the commission’s attorney Letters of Douglas accused, less than advised, Pence of breaking the law.
“What Dr. Eastman suggested was: ‘Do this, and basically damn the consequences,'” Letter speak in a hearing on Tuesday.
At least one email exchange between Eastman and Pence’s Advice Gregory Jacob has now been made public.
Broadcasted in the hours before, during, and after the attack on the United States Capitol on January 6, the messages showed an angry Jacob telling Eastman:[T]Thanks for your bullshit, we’re under siege right now. “
That email was time-stamped 12:14 p.m., when the Trump rally was underway.
Protesters won’t get past police until more than an hour later at 1:30 p.m. and the Secret Service will kick Pence off the floor of the joint session shortly after 2 p.m.
Eastman replied to the rabbi at 2:25 p.m., which is suspicious.
“My ‘nonsense’ – serious?” he wrote. “You think you can’t postpone the session because [Electoral Count Act] said not to be postponed, while convincing evidence that the election was stolen continues to build and is already overwhelming. “
House Select Committee to Investigate the January 6 Attack on the U.S. Capitol quoted this exchange as proof that Eastman knew he was tricking Pence into breaking the law but still did. In the same filing showing this exchange, the committee outlined three possible crimes Trump and Eastman may have committed, which its attorneys said should pass any special requirements. which rights.
“After reading the emails, the Court will determine for each document whether a privilege exists, whether that privilege is waived, and whether any exceptions apply.” Carter wrote. “Ultimately, the Court will issue a written decision including a full analysis and final determination as to whether, if any, the documents must be disclosed to the Selection Committee.”
Eastman’s attorney did not immediately respond to Law & Crime’s email request for comment.
Colin Kalmbacher contributed to this report.
Read the judge’s order, below:
(Image via YouTube screenngrab / Chip Somodevilla / Getty Images.]
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