Federal judge says Trump likely committed a FELONY by trying to ‘obstruct Congress’ on Jan. 6
A federal judge ruled on Monday that former President Trump was “more likely than not” obstructing by trying to undo the results of the 2020 election.
“Based on the evidence, the Court considers it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on Jan. 6, 2021,” said District Court Judge David Carter.
The ruling added that Trump and his legal adviser John Eastman had “dishonestly colluded” to do so.
Carter made the decision in a ruling ordering that 101 sensitive emails from Eastman be turned over to the House committee investigating Jan. 6.
He ruled that 10 emails should remain privileged, none of which were “critical” to the investigation.
Carter announced earlier this month that he would review the 2020 election emails between Eastman and Trump before determining whether they were protected by attorney-client privilege or whether they should be turned over to the committee. At the time, the commission had already accused Trump and Eastman of participating in a “criminal conspiracy.”
Eastman admitted that if the judge agreed with the commission’s assessment, it “may be the first formal finding of presidential crime by a federal court in United States history.”
Neither Trump nor Eastman has been charged with any crime related to January 6.
The ruling does not play a direct role in whether or not to criminalize Trump, but it could increase the pressure on Attorney General Merrick Garland to aggressively investigate and conduct investigations that could lead to such charges.
Eastman was behind the infamous “coup memo,” which alleged that former Vice President Mike Pence had unilateral power to undo Trump’s loss and undo the election.
A federal judge ruled Monday that former President Trump, pictured above at his rally in Georgia on Saturday, was “more likely than not” obstructing his efforts by trying to undo the results of the 2020 election.
John Eastman above was behind the infamous “coup memo” claiming that former Vice President Mike Pence had unilateral power to undo Trump’s loss and undo the election
The emails in question were from Eastman’s Chapman University account between January 4 and 7, 2021. Eastman was previously employed by Chapman.
The illegality of the plan was clear. Our nation was founded on the peaceful transfer of power, epitomized by George Washington laying down his sword to make way for democratic elections… With a plan that this was ‘BOLD’, President Trump knowingly sought to undermine this fundamental principle. Based on the evidence, the Court finds it more likely that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.
Carter in his statement Monday quoted Trump’s comments at the Save America meeting, where he said, “Mike Pence, I hope you stand up for the good of our Constitution and the good of our country. And if you’re not, I’ll be very disappointed in you. I’ll tell you now.’ He also quoted a section where Trump said: “[L]et’s walk down Pennsylvania Avenue” to give Vice President Pence and Congress “the kind of pride and audacity they need to take back our country.”
“Together, these actions most likely constitute attempts to obstruct official proceedings,” court documents read.
Carter also ruled that Trump acted “corrupt” because he “probably knew the plan to disrupt the electoral count was illegal.”
President Trump and Dr. Eastman justified the plan with electoral fraud allegations, but President Trump probably knew the justification was baseless and therefore the entire plan was illegal.”
Carter acknowledged that Eastman had advised Trump that the Electoral Count Act, the 1887 law governing the counting and confirmation of electoral votes, was unconstitutional.
However, Carter said that belief did not give Trump the right to defy the statute or pressure Pence to circumvent it.
Believing the Electoral Count Act was unconstitutional, President Trump did not authorize its violation, Carter wrote. Disagreeing with the law that gives President Trump the right to seek redress in court, not to disrupt a constitutionally mandated process. And President Trump knew how to file election claims in court — after filing and losing more than 60 lawsuits, this plan was a last-ditch effort to secure the presidency by any means necessary.”
Eastman could try to appeal the decision to the 9th Circuit Court of Appeals and then to the Supreme Court.
Eastman has already submitted more than 8,000 pages of emails to the commission, according to a Feb. 14 court filing.
The former law professor is also trying to use administrative law to shield more than 10,000 documents after failing to block a subpoena for 94,000 pages of emails.
Eastman had appeared alongside Rudy Giuliani at Trump’s Stop The Steal rally shortly before the Capitol uprising, where Giuliani infamously called for a “trial by combat” over the election.
He was subpoenaed by the House panel late last year for playing a key role in shaping the ex-president’s legal strategy, who alleged that former Vice President Mike Pence had the authority to overturn President Joe Biden’s election victory. special way to undo.
The formal request for nearly 100,000 pages of online correspondence was sent to Chapman University, where Eastman worked. He was also asked to testify himself.
Eastman had unsuccessfully filed a lawsuit to block the release of the documents, citing attorney-client privilege. Instead, Carter ordered Eastman to view 1,500 pages a day to itemize his privilege claims in late January.