According to the order issued by U.S. District Judge David Carter, Central District of California, Eastman wants 568 pages of emails that were exchanged between January 4, 2021 and January 7, 2021 from the House panel. This is in violation of attorney-client privilege and other work-product privileges. Carter stated that the select committee had “repeatedly noted the importance of communications immediately prior and after the attack on January 6th at the Capitol.”
The judge stated that “Given this investigation’s urgency,” the court felt it was appropriate to accelerate its review of records. Carter has scheduled oral arguments on March 9 regarding Eastman’s reasons for shielding communications. These records are kept by Chapman University.
Trump and his allies have made Eastman a key figure in their effort to reverse the outcome for the 2020 presidential election. According to The Washington Post Eastman incorrectly advised Donald Trump that the vice president had authority to reject state electoral ballots and reverse President Biden’s win in 2020.
Eastman has until February 22nd to file a brief supporting his assertions for privilege for each document in the four-day period that he believes should not be disclosed to the panel. This includes “evidence documenting any attorney/client relationships that were established with his clients.”
Carter’s order states that such evidence may include “engagement letters or retainer agreements” and must confirm the “timing and scope of each attorney and agent relationship, as well as specific named lawsuits, if applicable.”
The House wants more than 94.100 pages of email from Chapman University. According to an Sunday file from Eastman’s lawyers, Eastman has reviewed approximately 46,200 pages. They said that nearly 27,000 pages of the documents have been reviewed and could be excluded. More than 8,400 were also turned over to them. Eastman hoped to keep approximately 11,000 pages for the panel.
After Chapman issued a subpoena in January to Chapman to obtain documents related to the 2020 presidential campaign or the January 6th attack, including emails, Eastman brought a lawsuit against Chapman and his former employer.
Eastman claimed that the records contained information that would be protected under attorney-client privilege or attorney work-product privileges. He asked the court to stop the committee from enforcing the subpoena and stop Chapman complying with it. Carter refused Eastman’s request for blocking the subpoena. He ordered Chapman to produce documents and a log of records that he is claiming privilege.
Chapman stated to the court that it does not support or oppose Eastman’s request for it to stop it handing over documents to it in response to the select Committee’s subpoena. However, it noted that Eastman “any legal work that Chapman did that supported a candidate for office or a political campaign was unauthorized and against” the university’s policies. According to school lawyers, Eastman is the “best qualified” to assess those documents for privilege.
In a filing Friday, the House informed the court that the “scope” and “timing” of an attorney-client relationship between Eastman, Trump’s campaign, or the former President “remains unclear.” Douglas Letter, House general counsel, wrote that Eastman did not respond to requests to clarify the scope of his representation for Trump and his presidential campaign.
Letter stated in the filing that “The select committee’s inquiry has produced evidence that plaintiff was central figure in efforts overturn the 2020 Presidential Election, including efforts directed towards state legislators during the post-election period as well as at the vice president in relation to the certification of electoral vote on January 6.” The documents in question are therefore crucial for the investigation of the select committee into the “interference with peaceful transfer of power”, including the “influencing factors that encouraged” the attack on American democracy.
Letter stated that Eastman’s “extremely broad privilege claim” must be resolved immediately to ensure the House select committee’s investigation.
On January 6, the select committee issued an order to Eastman to obtain records and testimony in November. The subpoena was followed by one to Chapman University to search for his emails.
