Topline
A federal judge said Monday former President Donald Trump intentionally tried to subvert the democratic process and probably committed felony obstruction by attempting to overturn the result of the 2020 election, in a ruling that allowed a House committee investigating the Capitol riot to receive sensitive emails from former Trump legal adviser John Eastman.
Donald Trump at the DeltaPlex Arena in Grand Rapids, Michigan.
Key Facts
Eastman, who drafted a legal strategy for overturning the 2020 election, supported an obviously illegal attempt “to secure the presidency by any means,” Judge David Carter wrote.
Carter said Trump’s attempts to push Congress to reverse his election loss “more likely than not constitute attempts to obstruct an official proceeding.”
Carter ordered that a variety of documents be released to the committee, including emails commenting on news reports of violent rioters, a letter from Arizona Republican legislators to former Vice President Mike Pence and letters from a Georgia state senator to Trump.
Eastman had attempted to block the release of some documents by arguing they were protected by attorney-client privilege or by the work-product doctrine, which prevents documents drawn up in anticipation of litigation from being handed over to opposing counsel.
The ruling—which came in a civil case that Trump isn’t a party to—could be the first in which a federal judge suggested a sitting president apparently committed a crime, Politico notes.
Burnham and Gorokhov, a legal firm representing Eastman, denied in a statement that Eastman attempted to obstruct the January 6 committee’s investigation, and claimed the district court’s findings were based not on a full understanding of the facts, but on material cherry-picked by the January 6 committee.
Key Background
In the days leading up to the certification of Joe Biden’s election victory, Eastman penned a confidential memo including a theoretical framework for reversing the election outcome by declaring seven states’ votes “disputed,” in effect allowing Pence to single-handedly appoint Trump president. Eastman’s legal theories were summarily dismissed by Carter and by Pence, who pointed out that, under Eastman’s doctrine, Vice President Kamala Harris might be able to reverse a Republican win in 2024. Eastman also addressed the “Stop the Steal” rally that preceded the Capitol riot, where he falsely claimed Democrats used fraudulent ballots to tip the election in Biden’s favor. Embroiled in controversy, Eastman subsequently resigned from a tenured professorship at California’s Chapman University and was banned from performing outreach or speaking at the University of Colorado. In September, the State Bar of California opened an investigation into Eastman for potential ethical and legal violations in connection to the 2020 election. Eastman has claimed to be a victim of discrimination for his political and philosophical beliefs.
Former Trump legal adviser John C. Eastman at the University of Colorado Boulder.
Crucial Quote
“Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections,” Carter wrote. “Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the result of the 2020 election… Every American—and certainly the president of the United States—knows that in a democracy, leaders are elected, not installed.”
Tangent
As of December, 270 of the over 690 Capitol riot defendants had been charged with “obstructing an official proceeding”—the crime of which Carter said Trump is probably guilty. A person is guilty of this offense if they corruptly obstruct or influence any official proceeding—including proceedings before Congress, federal judges, federal government agencies and insurance regulators—or attempt to do so. A person is also guilty of obstructing an official proceeding if they corruptly tamper with documents or other objects so that those objects aren’t available or usable in an official proceeding. Anyone convicted of obstructing an official proceeding may be fined or sentenced to up to 20 years’ imprisonment.
Further Reading
“Lawyer Who Drafted Plan To Overturn 2020 Election Is Under Investigation By California Bar” (Forbes)
Source: https://www.forbes.com/sites/zacharysmith/2022/03/28/trump-more-likely-than-not-illegally-tried-to-obstruct-election-federal-judge-says/