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Judge finds that Trump likely committed felony obstruction of Congress on January 6th, 2021

E_i

E_i

Member
Oct 27, 2017
9,279


Story.
https://www.reuters.com/world/us/tr...structing-congress-us-judge-rules-2022-03-28/

WASHINGTON, March 28 (Reuters) - A U.S. judge ruled on Monday that former President Donald Trump "more likely than not" committed a felony by trying to pressure his vice president to obstruct Congress and overturn his election defeat on Jan. 6, 2021.

The assertion was in a ruling that found the House of Representatives committee probing the deadly attack on the U.S. Capitol has a right to see emails written to Trump by one of his then-lawyers, John Eastman. The judge said that Trump's plan to overturn his defeat amounted to a "coup."
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CreepingFear

CreepingFear

Banned
Oct 27, 2017
16,766
4a08ff9d3f956dd814fc8ee1cfaac592.gif
 
shinobi602

shinobi602

Verified
Oct 24, 2017
8,514
"More likely than not" - okay so still a vague ass 'ruling'? What does this change?

Genuine question.
 
Ryuelli

Ryuelli

Member
Oct 26, 2017
15,209
I'll be surprised if Garland actually does anything, because I definitely don't expect him too.
 
Dyle

Dyle

One Winged Slayer
The Fallen
Oct 25, 2017
30,134
Neat. Can't mean anything until November at the earliest
 
FreezePeach

FreezePeach

Banned
Oct 25, 2017
12,811
I mean this is a judge ruling on issues related to January 6th communications basically giving his 2 cents that Trump likely commited x crime and if charged as such might be found guilty. So that's why it doesn't hold much weight beyond acting a possible recommendation to the DoJ i imagine.
 
Joe

Joe

Member
Oct 25, 2017
8,685
shinobi602 said:
"More likely than not" - okay so still a vague ass 'ruling'? What does this change?

Genuine question.
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The ruling was about attorney-client privilege. Basically, John Eastman is claiming that some of his emails are not subject to discovery because they were attorney-client work product, and therefore privileged. The problem is, there is a crime-fraud exception to attorney-client privilege, so if an attorney and client are doing a crime together and it's in a document, then that document isn't protected. So Eastman was claiming privilege, the Jan 6 committee has a few arguments why it shouldn't be privileged, and the judge has rule "this was probably an attorney and client talking about doing a crime, therefore it is not privileged. Jan 6 committee is entitled to see these documents."
 
JaseC64

JaseC64

Enlightened
Banned
Oct 25, 2017
11,008
Strong Island NY
Everyone: wtf this guy and his admin committing crimes! (2017-2020)

Law in 2022: hmm maybe you guys HAD something going on there being true but eh...ain't it a bit late to complain? Should have had more protests or something back then. Not our problem. Next!!
 
redmason81

redmason81

Alt-Account
Banned
Mar 18, 2022
170
Too bad it's more likely than not that he faces zero charges. Actually it's about 99.9 percent certain that he walks free.
 
shinobi602

shinobi602

Verified
Oct 24, 2017
8,514
Joe said:
The ruling was about attorney-client privilege. Basically, John Eastman is claiming that some of his emails are not subject to discovery because they were attorney-client work product, and therefore privileged. The problem is, there is a crime-fraud exception to attorney-client privilege, so if an attorney and client are doing a crime together and it's in a document, then that document isn't protected. So Eastman was claiming privilege, the Jan 6 committee has a few arguments why it shouldn't be privileged, and the judge has rule "this was probably an attorney and client talking about doing a crime, therefore it is not privileged. Jan 6 committee is entitled to see these documents."
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Gotcha, thanks for that.
 
Don Fluffles

Don Fluffles

Member
Oct 28, 2017
7,090
Lock.
Him.
Up.

At this point, pessimism is gonna make it a self fulfilling prophecy.
Give the committee your energy instead.
 
The Albatross

The Albatross

Member
Oct 25, 2017
39,235
For more context:

www.nytimes.com

Federal Judge Finds Trump Most Likely Committed Crimes Over 2020 Election (Published 2022)

“The illegality of the plan was obvious,” the judge wrote in a civil case. Separately, the Jan. 6 panel voted to recommend contempt of Congress charges for two former Trump aides.
www.nytimes.com www.nytimes.com

This ruling will be used to free-up document/communication availability for the Jan 6 committee in Congress.

The judge's comments marked a significant breakthrough for the House committee investigating the Jan. 6 attack on the Capitol, which had laid out in a civil filing the crimes it believed Mr. Trump might have committed as it weighs making a criminal referral to the Justice Department.

"The illegality of the plan was obvious," wrote Judge David O. Carter of the Central District of California. "Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the vice president to single-handedly determine the results of the 2020 election."

The Justice Department has been conducting a wide-ranging investigation of the Capitol assault but has given no public indication that it is considering pursuing a criminal case against Mr. Trump. A criminal referral from the House committee could increase pressure on Attorney General Merrick B. Garland to do so.

Judge Carter's comments came in an order for John Eastman, a conservative lawyer who wrote a memo that members of both parties have likened to a blueprint for a coup, to turn over more than 100 emails to the committee as it investigates Mr. Trump's efforts to hold onto power after his election loss.

Many of the documents the committee will now receive relate to a legal strategy proposed by Mr. Eastman to pressure Vice President Mike Pence not to certify electors from several key swing states when Congress convened on Jan. 6, 2021. "The true animating force behind these emails was advancing a political strategy: to persuade Vice President Pence to take unilateral action on January 6," Judge Carter wrote.
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Sordid Plebeian said:
what the hell does more likely than not mean

make a decision
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He did, Jan 6 committee will have access to John Eastman's communications with Mike Pence, as per this ruling, it's not legally protected attorney-client privilege.

This judge wasn't determining Trump's culpability/liability/guilt in re: to what happened on Jan 6, but only whether communication between crackpot coup lawyer John Eastman and Trump & Pence's communications are protected by atty-client priv, which they're not, because they were likely discussing a criminal plot.
 
Lobster Roll

Lobster Roll

signature-less, now and forever™
Member
Sep 24, 2019
34,602
Do something then. Such a waste of resources and energy if the end result is the exact same.
 
WedgeX

WedgeX

Member
Oct 27, 2017
13,287
Joe said:
The ruling was about attorney-client privilege. Basically, John Eastman is claiming that some of his emails are not subject to discovery because they were attorney-client work product, and therefore privileged. The problem is, there is a crime-fraud exception to attorney-client privilege, so if an attorney and client are doing a crime together and it's in a document, then that document isn't protected. So Eastman was claiming privilege, the Jan 6 committee has a few arguments why it shouldn't be privileged, and the judge has rule "this was probably an attorney and client talking about doing a crime, therefore it is not privileged. Jan 6 committee is entitled to see these documents."
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Yeah, and the Washington Post got a bit more into explaining this.

Breaking down the law on each point, Carter, who sits on the Central District of California and was nominated by President Bill Clinton, writes it is "more likely than not" that Trump and Eastman conspired to disrupt the counting of the electoral votes on Jan. 6 — which would be a crime under federal statutes.
"

Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history," the judge concludes. "Their campaign was not confined to the ivory tower — it was a coup in search of a legal theory. The plan spurred violent attacks on the seat of our nation's government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process."



The judge's ruling does not mean Trump will be charged with, or even investigated for, a crime — though it will certainly increase pressure on the Justice Department to intensify its probe of the Jan. 6 riot and potentially examine the conduct of Trump himself. Carter noted that he was only assessing the legal arguments surrounding whether Eastman could be compelled to turn over documents to the Jan. 6 committee.


"More than a year after the attack on our Capitol, the public is still searching for accountability. This case cannot provide it," Carter wrote. "The Court is tasked only with deciding a dispute over a handful of emails. This is not a criminal prosecution; this is not even a civil liability suit."
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Wilsongt

Wilsongt

Member
Oct 25, 2017
18,558
The only thing that may happen is the GOP burns him in the primary and throws support behind Desantis

Other than that, Eastman will likely be the only fall guy in all of this.
 
Possum Armada

Possum Armada

Banned
Oct 25, 2017
7,630
Greenville, SC
Nothing will happen. Nothing ever will. The Left is run by cowards and the Right has no shame.

Fox News will call the judge an "activist judge" and Trump's base will rally behind it.
 
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