On CNN Thursday, chief legal analyst Jeffrey Toobin highlighted a significant piece of evidence in the new House January 6 Committee filing seeking to strip President Donald Trump of his attorney-client privilege with right-wing lawyer John Eastman.
"This is about a court case to free up some emails that the committee wants from John Eastman," said anchor John Berman. "You're right, the larger implication here is if there is a crime, that's worth investigating here, shouldn't [Attorney General] Merrick Garland be investigating it?"
"I do want to offer one caveat, it is not entirely — let me put it affirmatively, they may be investigating this and we just don't know it," said Toobin. "There is a big January 6th investigation going on, and the full extent of it we don't know. and we do know that Rudy Giuliani, for example, is under criminal investigation for related matters, if not this in and of itself. But the really striking thing about this 60-page brief that was filed is you see all the evidence together for the first time. The way we have been covering the story necessarily, it is like this witness said this, this witness said that, but when you see it pulled all together, it is really very striking."
"Let me give you one example, something I didn't either know or remember," added Toobin. "At 2:24 in the afternoon on January 6th, while the riot is going on, while the — the Capitol is already being occupied, President Trump is tweeting that Mike Pence in effect betrayed his office. Encouraging some of the rioters say, them to consider, to continue. That's a big deal. That's actually a very significant piece of evidence that, you know, when you pull it all together, you say to yourself, boy, this sure does look like a crime."
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