Trump lawyer John Eastman spent the morning pleading the 5th to Georgia grand jury
CBS Denver/screen grab

Donald Trump lawyer John Eastman spent the morning testifying to the special grand jury called in Fulton County, Georgia, where he was asked about attempts to overthrow the 2020 election in the state.

Eastman penned the so-called "coup memo," which demanded that then-Vice President Mike Pence stop the electoral college count on Jan. 6, 2022.

“And all we are demanding of Vice President Pence is this afternoon at 1p.m., he let the legislators of the state look into this so we get to the bottom of it, and the American people know whether we have control of the direction of our government, or not,” he said.

His theories were ones that concerned White House lawyers.

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“I don't remember why he called me,“ White House lawyer Eric Herschmann said in the House Select Committee probe earlier this year. “He started asking me something about dealing with Georgia and preserving something potentially for appeal.”

He continued: “I said to him, 'are you out of your f*cking mind?' right. I said, ”I only want to hear two words coming out of your mouth from now on — orderly transition.”

District Judge Mary Marlowe Sommer, presiding over the Fulton County case, said that judicial records proved that Eastman spoke with Georgia lawmakers about the 2020 election, as well as crafting the memos mentioning Georgia to the president.

“I do think there is a logical correlation” between the grand jury investigation and Eastman’s experience and information about the events being investigated, Marlow Sommer explained.

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The Santa Fe, New Mexico lawyer appeared virtually before the court, and according to his lawyers Charles Burnham and Harvey Silverglate, Eastman pleaded his Fifth Amendment right against self-incrimination.

"By all indications, the District Attorney's Office has set itself on the path of criminalizing controversial or disfavored legal theories, possibly in hopes that the federal government will follow its lead," the statement said.

If Eastman's only concern was controversial or disfavored legal theories he wouldn't need to be concerned about incriminating himself.

Read the full statement here.

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