Washington- Communication fromshow former President Donald Trump and his attorneys penetrated voter fraud claims he knew to be false in federal court and to the public to delay Congressional counting of the state election on Jan. 6, 2021, said a federal judge in California on Wednesday.
U.S. District Judge David O. Carter’s disclosure came as part of an ongoing legal battle between Eastman, a conservative attorney behind the legal strategy of rejecting the state’s election, and the select House committee that overturned the attack. January at the Capitol via emails. the subpoena from Eastman.
Eastman has attempted to save the emails — from an account he used when he was dean at Chapman University — for the select committee, claiming they fall under attorney-client and work product privilege. Carter has reviewed the files to determine whether Eastman’s privilege claims apply to the materials sought by the House panel.
In his 18-page order, Carter focused on a subset of 536 documents protected by attorney-client and work product privileges, and whether they should be made public under the crime fraud exception, which applies to documents and communications that promote of illegal or fraudulent conduct. The judge said the crime fraud exception applies to eight communications, and he ordered that all eight be turned over to the select committee.
Four of the eight, Carter wrote, were documents “in which Dr. Eastman and other attorneys suggest that — regardless of merit — the primary purpose of filing [lawsuits] is to postpone or otherwise disrupt the January 6 vote.”
He quotes an email from Trump’s lawyers stating that “[m]The mere pending of this case in the Supreme Court, which has not been ruled on, could be enough to delay Georgia’s trial.”
“This email, read in conjunction with other documents in this review, makes it clear that President Trump has filed certain lawsuits not to get legal help, but to disrupt or disrupt the January 6 Congressional proceedings through the courts.” slow down,” Carter wrote. “The court finds that these four documents are sufficiently related to and promote the obstruction offence.”
The remaining four, the judge said, “show an attempt by President Trump and his attorneys to file false claims in federal court with the aim of delaying the Jan. 6 vote. The evidence confirms that this attempt was made in at least one lawsuit filed in Georgia.”
The warrant cites allegations filed by Trump and his lawyers in a Georgia court on Dec. 4, 2020 that Fulton County miscounted the votes of dead people, felons and unregistered voters.
The former president and his attorneys subsequently filed a complaint in federal court citing the same numbers, although Eastman had relayed “concerns” from Trump’s legal team “about including specific numbers in the section on felons, deceased, moved , etc,” Carter wrote, citing Eastman’s records.
Eastman also explained in a court-reviewed document that Trump had been informed that some of the allegations were false.
“Although the president signed a verification for… [the state court filing] back on December 1, he has since been made aware that some of the allegations (and the evidence put forward by the experts) were inaccurate. It would not be right for him to sign a new verification with that knowledge (and inclusion by reference),” Eastman wrote, according to Carter’s order.
However, the incorrect numbers were included in the former president’s lawsuit filed in federal court, Carter wrote.
“President Trump has also signed a verification swearing under oath that the recorded inaccurate figures are ‘true and correct’ or ‘presumed to be true and correct’ to the best of his knowledge and belief,” the judge said. “The emails show that President Trump knew the specific numbers of voter fraud were wrong, but continued to tout these numbers, both in court and to the public. The court finds that these emails are sufficiently related and contribute to a conspiracy to defraud the United States.”
Carter hasthat Trump and Eastman “probably committed an obstruction of official proceedings” — the joint session of Congress on Jan. 6 — in violation of federal law and conspiracy to defraud the United States.