Reacting to a report from Politico that so-called "coup memo" attorney John Eastman reportedly has handwritten notes from former president Donald Trump on strategies for overturning the 2020 presidential election, CNN's Elie Hoenig suggested they could be the smoking gun to charge Trump with fraud or worse.
On Friday, Politico reported Eastman is battling with the courts over more documents by claiming attorney-client privilege that reportedly show Trump took a direct role in efforts to derail the certification of the election that he lost to President Joe Biden.
The report describes “two hand-written notes from former President Trump about information that he thought might be useful for the anticipated litigation," which Eastman wants to keep from the eyes of the Jan. 6 committee investigating the insurrection.
Speaking with CNN's Jim Sciutto, former federal prosecutor Hoenig predicted Eastman would fail in his efforts, explaining, it "is very unlikely Donald Trump is going to win and John Eastman is going to win in this case because John Eastman already has lost earlier in this case in front of the same judge. You'll probably remember a couple of months ago John Eastman argued some documents shouldn't go over to the committee because they are communications between me as an attorney and my client Donald Trump. The court rejected that. Some of the documents, some of them, the court found they're not privileged because it is more likely than not that they go to a criminal communication between John Eastman and Donald Trump."
Pressed by the host about the new report and why it is so important, Hoenig stated, "What's significant about these new revelations, Jim, they directly tie Donald Trump to an arguable fraud -- maybe more than arguable fraud. Now let's keep this in mind, this puts Donald Trump right in line with John Eastman on the strategy to try to steal the election by pressuring state legislatures, the Vice President."
"That legal argument is dubious at best, but the defense is going to be, well, lawyers are allowed to make aggressive, novel, even sometimes just bad legal arguments, that's not necessarily a fraud," he continued before elaborating, "But the fraud is a layer below, because those arguments were built on a foundation of lies that Donald Trump had won the election. that there was massive election fraud. There is no evidence of that, there never was, that's where I think the actual fraud could come in here."
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CNN 05 20 2022 09 16 48 youtu.be