Trump lawyers slated for ‘January 6 strategy’ rather than sue

Trump lawyers slated for ‘January 6 strategy’ rather than sue

Trump lawyers slated for ‘January 6 strategy’ rather than sue

  • A judge ruled that the Jan. 6 commission can see 159 new emails from one of Trump’s lawyers.
  • They show how lawyers feared losing a legitimate legal challenge to certify the 2020 election.
  • “Instead, they continued a political campaign to disrupt the electoral count,” a judge said.

An email from one of Trump’s lawyers says they decided not to go to court with a challenge to the 2020 election process in court, fearing the fallout from losses.

Failure would “fuel” their plan to politically disrupt the census, according to new court documents describing the email.

U.S. District Court Judge David Carter discussed the email in a statement saying that one of Trump’s post-election attorneys, Dr. John Eastman, was a


cache

of 159 messages.

One could be evidence of a crime, Carter wrote.

In the aftermath of the election, Eastman helped shape Trump’s efforts to deny the election, eventually writing an infamous memo urging then-Vice President Mike Pence on Jan. 6 to refuse to accept election certificates as C. Ryan Barber of Insider reported.

In March 2022, Judge Carter concluded that Trump and Eastman were “more likely than not” trying to illegally obstruct Congress in a criminal conspiracy, as Politico reported.

Eastman has since claimed various forms of privilege in efforts to prevent tens of thousands of related documents from being released to the Jan. 6 committee in the US House of Representatives.

In a Tuesday statement seen by Insider, Carter discussed the 159 emails and why they should be made public.

This provided insight into Eastman’s group’s strategy — and how, Carter said, they felt they had “near zero chance of success in the DC courts” with “certain electoral processes.”

This was in a set of four emails that referred only to Jan. 6 as a filing deadline, which Carter said could remain hidden from the public.

But a subsequent email dated December 22, 2020 linked these deliberations to what an unnamed attorney called “the January 6 strategy.” As it relates to a possible crime, it could be released, Carter wrote.

“This email considers whether to file a case that would decide the interpretation of the Electoral Count Act and potentially risk a court ruling that the law binds Vice President Pence,” Carter wrote.

By “binds,” Carter meant that a court could unequivocally say that Pence could not reject the January 6 election results, which is exactly what Trump and his allies hoped Pence could do.

“Because the attorney concluded that a negative court ruling would thwart the January 6 strategy,” Carter wrote, Eastman encouraged the legal team to avoid the courts.

This email confirmed the direction of the Jan. 6 plan. Trump’s legal team chose not to appeal to the court — instead, they continued a political campaign to disrupt the election count.

“Lawyers are free not to bring cases; they are not free to evade judicial review to overturn a democratic election.”

The email considered by Carter also reveals the depth of Eastman’s efforts to persuade the state to push for alternative voters, which went well beyond pressuring Pence and “focusing on every layer of federal and state-elected officials,” Carter wrote.