Federal Court Finds Trump Most Likely Committed Crimes Following 2020 Election

The never-ending aftermath of the election that was disputed in 2020 and beyond, the House Select Committee investigating the Jan. 6th assault at the capitol summoned the self-described “activist lawyer” John Eastman, who was a lawyer for the president Trump in court in the aftermath of the presidential election. Eastman submitted a formal lawsuit in opposition, contending that the Committee did not act as a law enforcement agency instead of an legislative one. In addition, he claimed attorney-client privilege was a safeguard for the documents in question, a popular defense for those who are connected to Trump.

The 28th of March California Federal District Judge David Carter rejected those arguments in relation to the majority of the papers Eastman wanted to safeguard. In the process Judge Carter concluded that there that it was “more likely than to be true” that the president Trump has committed criminal obstruction in his attempt to invalidate the election in 2020.

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A Former Law School Dean Gets Involved in a case to overturn an election

The emails and documents were sought by the House Committee sought outlined legal theory that the former Vice-President Mike Pence could reject, or delay the counting of the electoral votes. In the last months of the year 2020, Eastman published a two-page letter requesting the idea that Pence (then in his post) would not count votes for seven states. He argued, in essence, that Pence was able to make sure that President Trump’s election was secured, regardless of election results or the popular vote.

The Counsel for the Vice President and chief of staff Mark Meadows met with Eastman on the 4th of January, Eastman backed down significantly. He acknowledged that his reasoning was “contrary to the established practice” and “would most likely be denied from the Supreme Court,” and said it was in violation of the Electoral Count Act on four distinct basis.

On January 6 , to protest against the transition to power that was legal Trump’s attorney Rudy Giuliani, and others maintained that huge fraud in the voting process had ruined the presidential election in 2020. Eastman spoke to the crowd:

“We are no longer self-governing democracy if we don’t know the answer to the question. It’s more than the presidency of President Trump. It’s the essence of the republican system of government…and any person who’s not ready and do so is not worthy to serve in the first place.”

Then, in a matter of minutes, thousands of protesters gathered outside the Capitol building. When staff members and lawmakers were evacuated, the attorney of Pence, Greg Jacob, emailed Eastman with the message, “thanks to your bullshit the nation is currently under attack.”

Legal-Client Privileges and Work Product Doctrines Offer some protection

Eastman stated that the privilege of attorney-client secured nine of the 111 documents sought from the Select Committee. Eastman also argued that the requested documents comprised “protected work products,” which is a legal doctrine to protect documents created in anticipation of legal proceedings.

The Ninth Circuit (whose law governs the California federal court, where the lawsuit was brought) has developed an eight-part test that determines the validity of the privilege. Attorney-client privilege is a privilege that the person asserting it must establish the relation between the two parties as well asthe privileges of the specific communications. The communications between an attorney and client can only be privilege if they are intended to remain private and not made public.

On March 28th On March 28, On March 28, Judge David Carter ruled that the attorney-client relationship was in fact established between Eastman and the president Trump. He also found that a majority of documents weren’t protected due to the fact that they were released later or they weren’t designed to be prepared for lawsuits. They weren’t “consistent in the memo’s intent to move forward without involvement of the judiciary.”

Judge Carter looked over the other eleven documents within the “crime-fraud” exception. This is where things start to get intriguing. When a person consults with an attorney to seek advice which can assist them in committing the crime or to commit fraud and the communication is “sufficiently connected to” and are used in support of the crime, the attorney-client privilege as well as work product theories don’t apply.

Based on this investigation it was determined that Judge Carter determined that the conduct of Eastman and President Trump as well as Eastman “more probably than to have” included criminal conduct, including attempts to block an official procedure and a conspiracy to fraud people in the United States by interfering with the process of voting.

Nine out of the 11 documents that Judge Carter studied as part of the crime-fraud exception attachments or emails that were related to ongoing lawsuits. While those lawsuits addressed accusations of fraud during elections however, Judge Carter declared that they didn’t “further” any crime thus they were not safeguarded. A second email detailed Pence’s decision to not accept elections, but it didn’t advance any plan to prevent an open and fair election. The email, too, will remain secret.

The last document is an email chain that was forwarded to Eastman and a memo suggesting to Pence not vote for candidates from contesting states. After analyzing the memo the judge Carter said:

“This could be the first time the Trump team modified a legal interpretation the Electoral Count Act into a daily plan of action. This memo was an approach that was in violation of laws of the Electoral Count Act, and Dr. Eastman’s subsequent memos analyze and propose.”

Since the memo contained in this chain of emails “likely contributed to the crime of the obstruction of an official process and scheme to defraud America,” United States,” the judge ordered that it be made public.

Maybe it’s time to make our popcorn prepared.

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Sn8256702173NS in an attempt to get documents from the House Committee investigating January 6th the judge ruled that Trump could have been guilty of criminal obstruction.