John Eastman's emails are continuing to be released after a judge agreed that they met the "crime/fraud" exception to attorney/client privilege.
In the latest batch, Eastman confessed that he was concerned about Donald Trump's false claims of "election fraud," and he was desperately trying to get a Georgia election fraud case before Supreme Court Justice Clarence Thomas. He believed that Thomas would be the Justice most likely to help delay the 2020 election certification, reported The New York Times.
Thomas has been accused of being ethically compromised on 2020 election cases by several officials, from House Speaker Nancy Pelosi to Harvard Law Professor Laurence Tribe and editorial boards in red states.
“We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt,” Trump lawyer Kenneth Chesebro wrote in a Dec. 31 email to Eastman. He went on to say that getting Thomas on board could be “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.”
“I think I agree with this,” said Eastman.
“I have no doubt that an aggressive DA or US Atty someplace will go after both the president and his lawyers once all the dust settles on this,” Eastman also wrote in an email on Dec. 31, 2020, to others on the Trump legal team.
The Times reported that the email came at the same time that members of Trump's legal team were trying to get him to sign a verification document swearing under oath that the info in the Georgia lawsuit was true. The problem, however, is that it wasn't true, and Eastman and others were making sure Trump knew about it, according to testimony.
Trump ultimately agreed to sign such a document, with the caveat that the fraud numbers they were using were only to be relied upon “only to the extent” that “such information has been provided” to Trump's lawyers. Still, a federal judge said that the sworn statement could itself be a crime.
The eight emails released were part of a discussion about legal strategy among Trump's lawyers and advisers as they plotted how they could overturn the 2020 election.
In an Oval Office debate with Vice President Mike Pence's lawyer, Greg Jacob, Eastman admitted that they would ultimately lose at the Supreme Court
“If this case got to the Supreme Court, we’d lose 9-0, wouldn’t we?” Jacob recalled telling Eastman when speaking to the House Select Committee. “And he started out at 7 to 2. And I said, ‘Who are the two?’ And he said, ‘Well, I think maybe Clarence Thomas.’ And I said: ‘Really? Clarence Thomas?’ And so we went through a few Thomas opinions and, finally, he acknowledged, ‘Yeah, all right, it would be 9-0.’”