John Eastman's lawyer says his client would cooperate with Jack Smith – but not 'flip' on Trump

An attorney representing John Eastman, a co-conspirator in the indictment against Donald Trump over the former president’s efforts to overturn the 2020 election, said Wednesday that Eastman would consider cooperating with prosecutors – with or without immunity.

Charles Burnham during an appearance on CNN’s “Erin Burnett OutFront” made it clear that his client, a former Trump attorney, wouldn’t turn on the former president.

“…if by cooperation you mean flipping on Donald Trump or providing incriminating information, then absolutely not, simply because those aren't the facts of this case, as it pertains to Dr. Eastman,” Burnham said, noting that such cooperation could occur under what he said were the “right circumstances.”

Asked by Burnett to clarify what he meant by the “right circumstances,” Burnham said, “I think if we thought there was an opportunity to engage with special counsel in a manner that we could be assured that they had an open mind about the truth, and we could come to explain some of the circumstances that might have led them to name him as an unindicted co-conspirator because we do believe that are some serious misunderstandings."

“If you read the indictment there's as much as I could talk about that and under the right circumstances, we'd be happy to have that dialogue with Mr. Smith or with his assistant certainly.”

After Burnett asked him if immunity would be a condition for such cooperation, Burnham said “Immunity would be great, we’d be happy to receive it, but I'm not sitting here saying we would insist on that."

Burnham said he’d be comfortable without his client receiving immunity “because Dr. Eastman has nothing to hide in this situation. He's been very open about his role. He's made numerous TV appearances, he's written articles on it. He’s very much an open book, as his attorneys have to a certain extent about his activities in 2020. He has nothing to hide. He committed no crimes. And as I said, under the right circumstances, we look forward to having that dialogue with the Special Counsel.”

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