U.S. District Court Judge David Carter has agreed John Eastman's emails must be turned over to the House Select Committee to investigate the Jan. 6 attack on Congress. In his 18-page ruling, the judge indicates that former President Donald Trump signed legal documents about election fraud despite knowing the information was false.
Some of Eastman's emails were revealed after he used his university server as his main point of communication. The judge decided that the "crime-fraud exception" meant that there was either crime or fraud present which meant that the attorney-client privilege could be dismissed.
Eastman penned the so-called "coup memo," which justified the idea that Mike Pence could oppose the 2020 election certification and throw the decision back to state legislatures to decide who the president would be.
The House argued that 562 additional documents on the Chapman University servers should be sent to the committee as part of the ongoing investigation.
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In speaking about Eastman in the hearing earlier this month, he was referred to as "consistently unreliable."
Carter ruled that Trump purposefully lied about several facts in the Dec. 2020 lawsuit in Georgia, despite being warned by John Eastman not to go that route.
"On December 4, 2021, President Trump and his attorneys alleged in a Georgia state court action that Fulton County improperly counted a number of votes including 10,315 deceased people, 2,560 felons, and 2,423 unregistered voters," said the Court. "President Trump and his attorneys then decided to contest the state court proceeding in federal court and discussed incorporating by referencing the voter fraud numbers alleged in the state petition. On December 30, 2020, Dr. Eastman relayed 'concerns' from President Trump's team 'about including specific numbers in the paragraph dealing with felons, deceased moved, etc.' The attorneys continued to discuss the President's resistance to signing 'when specific numbers were included.'"
According to the decision, the following day, Eastman said: "Although the President signed a verification for [the state court filing] back on Dec. 1, he has since been made aware that some of the allegations (and evidence proffered by the experts) and has been inaccurate. For him to sign a new verification with that knowledge (and incorporation by reference) would not be accurate."
The emails “show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public,” Carter wrote.
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