The House Select committee investigating the January 6 insurrection has alleged that former President Donald Trump, and one of his lawyers, John Eastman, were part of a “criminal conspiracy” to overturn the 2020 presidential election.
The details of the allegations were included in documents filed yesterday.
The filing was made in an attempt to persuade a judge to force Eastman to release hundreds of emails that he exchanged with Trump. Eastman has declined to release them, citing attorney-client privilege.
This privilege can be overturned if it can be shown the emails show communication about ongoing or future crime, or fraudulent activity.
Related: Is Ivanka Trump preparing to flip on her dad? Sorta kinda looks like it…
The 61-page filing says, “Evidence and information available to the Committee establishes a good-faith belief that Mr. Trump and others may have engaged in criminal and/or fraudulent acts, and that Plaintiff’s legal assistance was used in furtherance of those activities.”
It basically goes on to allege that Eastman and Trump discussed plans to pressure former Vice President Mike Pence to invalidate the election—something Pence was not legally allowed to do.
It also says Trump was repeatedly told by advisers that he had lost the election, yet he persisted in pushing the line that it had been stolen.
It should be noted that neither Trump nor Eastman have been accused of any crime by federal or state prosecutors. However, House members have indicated the matter might be referred to the Justice Department, depending on what’s in the committee’s final report.
“The President called and met with state officials, met numerous times with officials in the Department of Justice, tweeted and spoke about these issues publicly, and engaged in a personal campaign to persuade the public that the election had been tainted by widespread fraud,” said yesterday’s filing.
“The evidence supports an inference that President Trump and members of his campaign knew he had not won enough legitimate state electoral votes to be declared the winner of the 2020 Presidential election during the January 6 Joint Session of Congress, but the President nevertheless sought to use the Vice President to manipulate the results in his favor.”
It continues, “The conspirators also obstructed a lawful governmental function by pressuring the Vice President to violate his duty to count the electoral certificates presented from certain States. As an alternative, they urged the Vice President to delay the count to allow state legislatures to convene and select alternate electors.
“The apparent objective of these efforts was to overturn the results of the 2020 presidential election and declare Donald Trump the winner. In this way, the conspiracy aimed to obstruct and interfere with the proper functioning of the United States government.”
It goes on to discuss interviews with witnesses to Trump in and around January 6, who say he piled pressure on Pence to invalidate the result. It also details revelations from staff at the Justice Department. One, a former deputy attorney general named Richard Donoghue, said Trump wanted the DOJ to call a press conference to say it was investigating claims of election fraud.
“He wanted us to say that it was corrupt,” said Donoghue. “And this was consistent with some things he said at other points about. The Department should publicly say that the election is corrupt or suspect or not reliable. At one point, he mentioned the possibility of having a press conference. We told him we were not going to do that.”
Eastman has previously been identified as a conservative lawyer pushing a theory that Pence had it within his power to invalidate the election. When summoned for deposition by the January 6 select committee last December, he invoked the 5th amendment 150 times to avoid answering questions.
On Tuesday, the State Bar of California revealed it has been investigating Eastman since last September. It wants to determine whether he “engaged in conduct in violation of California law and ethics rules governing attorneys following and in relation to the November 2020 presidential election.”
Related: Trump’s messy week just got worse and it’s only Tuesday
To date, the committee has interviewed around 650 people as part of its investigation. Yesterday’s filing offers a glimpse into some of those findings … and it doesn’t look great for Trump.
At the time of writing, the former President has not responded to the Select Committee’s latest action.
Charles Burnham, Eastman’s attorney, said in response to yesterday’s news of the Jan. 6 committee’s filing: “Like all attorneys, Dr. John Eastman has a responsibility to protect client confidences, even at great personal risk and expense. The Select Committee has responded to Dr. Eastman’s efforts to discharge this responsibility by accusing him of criminal activity. Because this is a civil matter, Dr. Eastman will not have the benefit of the Constitutional protections normally afforded to those accused by their government of criminal conduct. Nonetheless, we look forward to responding in due course.”
It’s not been a good week for former President Trump. It began with his legal representatives filing an appeal demanding that he and his older kids, Don Jr. and Ivanka, don’t sit for depositions in the New York attorney general’s civil investigation into the Trump Organization.
Related: Trump praises “genius” Putin, and his niece Mary is having none of it
Then he’s been roundly criticized for refusing to condemn Russian President Vladimir Putin for his invasion of Ukraine.
Speaking yesterday morning to Fox Business Network anchor Maria Bartiromo, Trump spoke out against what was happening in Ukraine but still refused to criticize Putin personally.
Asked if he could still show respect to Putin, given what was happening, Trump responded, “They have to stop killing these people. They’re killing all these people, and they have to stop it. And they have to stop it now. But they don’t respect the United States. So the United States is, I don’t know, they’re not doing anything about it.”
He went on to say, “This is a holocaust. This is a horrible thing that’s happening, you’re witnessing. I mean, you’re seeing it on television every night.”
Trump is given the opportunity, and he still won’t condemn Putin. pic.twitter.com/JpotWHoUHu
— Mike Sington (@MikeSington) March 2, 2022
Polaro
Perhaps, just perhaps, they may actually be getting somewhere. Too slow. The bigger torpedo for the traitor is Putin’s disastrous Ukrainian invasion. The obvious fifth column has got to hurt when even stupid people begin to see the links.
MarcyMayer
It’s interesting that Putin invaded Ukraine on Biden’s watch, and not Trump’s. Perhaps, Biden isn’t projecting a powerful image to the world (especially after the debacle in Afghanistan) and that’s why Ukraine is in this mess.
Plus, don’t forget that China voted “no” at the UN when it came to condemning Russia over the Ukraine invasion. And it was reported on CNN that Chinese leaders asked the Kremlin to delay invading Ukraine until after the Olympics ended, and Putin obliged. That means that China was fully aware of what Putin was going to do. Furthermore, China shared classified information it got from the U.S. with Russia.
It appears that Russia and China are now in a very tight alliance, and that’s not to America’s or the world’s benefit.
Cam
@MarcyMayer
If a dirty cop is handing a criminal free drugs from the town lockup there is no reason for the criminal to commit the crime of manufacturing them.
Trump tried to take NATO apart. And it must KILL you anti-American troll accounts that not only has Biden pulled them together, but Finland and Sweden are looking into joining, and even countries like Switzerland and Monaco have broken their neutrality and sanctioned Russia.
Biden did that, how sad it must be to try to troll against that information.
But you tried, and as always, your trolling is boring and weak.
Polaro
Marcy, Putin invade Ukraine because Trump set the ground work for it. Do your research. Look into the only change Trump made to the Republican plank if 2016. Trump created the fifth column in the US and continues to nurture it. Your argument is so venal you should be ashamed. Or you’re a Russian propagandist. Dither way, not sure how you sleep at night.
Mister P
Hopefully the justice department will bring charges against this evil villain
Fahd
Eastman was a clerk for Justice Clarence Thomas, which says a lot, especially in this context. Eastman stood on the stage on January 6th, and he should not be allowed to escape responsibility for his traitorous conduct. He is a boil on the ass of the legal profession.
Now, Belarus, Eritrea, North Korea, Syria and Tr*mp stand with Putin. The U.S. will regret it if traitors like Tr*mp and Eastman are not held to account.
MarcyMayer
Don’t forget: China also voted “no” to condemning Russia over the Ukraine invasion.
Fahd
@MarcyMeyer
Wrong! China abstained. Russia can’t even crawl up China’s ass in this Russia’s latest assault on civilization. Sorry your fate is as a Russian troll intent on spreading misinformation, but f*ck off, you pathetic worm.
TomG
It will turn out that (just like Al Capone) New York State will finally get enough evidence to indict Trump on tax and loan fraud and he will be arrested for that. As for other things, well, Trump is slippery as an eel and will get away with it all and his minions will declare him a martyr failing to recognize that he is little more than Satan’s minion.
MISTERJETT
we already knew there was a “criminal conspiracy”. stop talking about it and do something. the fool needs to be put in his rightful place in the jail cell. talk is cheap. we need action!!!!
Just.my.opinion
This is taking too long. Donald Trump and all of his accomplices should already be in prison.
The Accidental Polemicist
Democrats better get their act together, especially if they pining all their mid-term hopes on the House Select Committee.
MarcyMayer
The Accidental Polemicist:
My humble prediction: The Republicans will retake control of the House and Senate in November. Regrettably, that will give Mitch McConnell & Kevin McCarthy a lot of power which they do not deserve.
Cam
Both the screenames @The Accidental Polemicist and @MarcyMayer are alternate screenames of @SamB, @BarryM, @openminded, @Caddy4J, etc…
I love how you think it’s subbtle to try to come in with a deceptively mild comment like “My humble prediction: The Republicans will retake control of the House and Senate in November.”
Look at the fear you must have about the mid-terms if you’re trying to push that narrative.
As always, your trolling is sad and weak.
MarcyMayer
Cam, is this just one of your many screen names?
Nancy Joyzee
I hope this fat bastard goes to prison with his rotten demonsperm children
Ken A.
They really need to come up with a better caption/headline/title. They’ve over used (Name’s) CRAPPY WEEK JUST GOT WORSE/IS WORSE etc.
white-queer-african
Where the puck is SamB et al to defend their fürher? No defence I am afraid. So it/they/WTFE don’t comment!
Toofie
Oh he’s here commenting…
CNY1983
time to do to GINNY THOMAS what the republicans did to Hillary Clinton. BEAT IT, JUST BEAT IT.
BDAguy
It may just be that the end game is to prove insurrection which would then disqualify Treasonous Trump for being allowed to run again. Impeachment failed but this may be the gambit more moderate members of the GOP need to disqualify Duplicitous Donald from being eligible.
The real Bruce
My God Cam, if Queerty ever shut down, WHATEVER WOULD YOU DO? Sometimes you behave like a frustrated ex-CIA agent! Not everyone who comments/disagrees with you is a “right-wing” troll. So, I agree with Marcy Mayer that if the Democrats and Jan. 6 committee don’t stop spinning their wheels and nail drumpf and his minions and offspring, we’re in trouble. GOP(Greed Over Principles) “leaders” are doing what they can, where they can, to stifle voter rights and spread as much dis-information as they can. And gullible people are listening. Much of what you say in responding to various topics on Queerty, Cam, I agree with. But sometimes you really need to take a chill pill. Otherwise some people might think you are a troll too. Can’t let that happen, dude! Cheers.
antitrump
wonderful news, lets hope they can get something to stick to teflon don
jt1990
Liberals: “We hate Trump and we’re soooo glad he’s gone!”
Also Liberals: I wonder what Trumps up to today? Let’s click this article and find out!”