WASHINGTON — John Eastman, a Trump lawyer who wrote memos suggesting then-Vice President Mike Pence could reverse the 2020 election, has been ordered by a federal judge to turn over approximately 170 documents to the House Committee investigating the attack on Capitol Hill Jan. 6.
U.S. District Judge David Carter stated Tuesday in a filing that while 440 documents were privileged, Eastman must give the committee 159 additional documents by Wednesday afternoon. These documents include communications from former President Donald Trump regarding state electors and the size of his rallies.
Judge pointed to an email dated Dec. 20, 2020 that contained evidence of a possible crime.
The judge wrote, “This email examines whether to bring a lawsuit that would determine the interpretation of Electoral Count Act. And potentially risk a Court finding that Act binds Vice President Pence.” “Because the lawyer concluded that a negative court decision would ‘tank’ the January 6 strategy, he encouraged his legal team not to go to the courts. This email affirmed the January 6 strategy’s direction.
Carter instructed Eastman to send 10 additional documents to the committee, which relate to the three meetings held in December 2020 by an unnamed group backing Trump.
The judge stated that four documents were related to a December 8th 2020 meeting: two emails are from the high-profile leader of the group inviting Dr. Eastman, and two include the agenda.
Carter stated that Eastman was discussing “state legislative measures that can reverse the media-sanctioned election for Joe Biden,” according to the agenda. He stated that another person had given an “update about [state] legislative actions regarding electoral votes.”
The agenda for a meeting on December 9, 2020 included five additional documents. It focused on the “GROUND GAME” following the Nov 4 Election Results. In which a sitting member of Congress discussed how to “challenge the electors in Congress,” it also contained the agenda for another meeting on December 9, 2020. On December 16, 2020, a similar meeting was held. The agenda for that meeting included a state elector who discussed “The Constitutional implications and what comes next.”
Carter wrote that the committee had a “substantial interest” in the three meetings, as the presentations advanced a critical goal of the January 6, plan: to have contested States certify alternate lists of electors for Donald Trump. “Dr. Eastman sent memos to top-ranking White House staff explaining how the January 6 plan required legislators to ‘determine the method of selecting electors’, and even to adopt a slate of electors. This was a week before these meetings.
Eastman’s lawyer didn’t immediately respond to a request for comment.
Eastman tried to hide communications and information from committee members, arguing privilege protects such documents. Carter is skeptical about many Eastman privilege claims.
