If you’re looking for a road map to hold former president Donald Trump accountable for his role in the attempted coup, turn to Judge David Carter, who in a ruling back in March, wrote that Trump and his lawyer John Eastman “more likely than not” committed crimes in their scheme to reject certified electors and replace them with an alternate, phony slate. The potential crimes, he stated, included obstruction of an official proceeding and conspiracy to defraud the United States. As a result, he found that more than 100 emails from Eastman were not shielded by attorney-client privilege and must be released to the House Jan. 6 select committee.
On Wednesday, Carter held that eight more privileged documents fell within the crime-fraud exception to attorney-client privilege because Trump consulted Eastman “for advice that will serve [them] in the commission of a fraud or crime,” and the communications themselves were “sufficiently related to” and made “in furtherance of” the crime. Carter explained, “There are four documents … in which Dr. Eastman and other attorneys suggest that — irrespective of the merits — the primary goal of filing [election-related lawsuits] is to delay or otherwise disrupt the January 6 vote.”
Carter took aim at one lawsuit that Trump and his attorneys filed before a court in Fulton County, Ga., in which they alleged the county’s vote total included 10,315 deceased people, 2,560 felons and 2,423 unregistered voters. But these numbers were false, Carter wrote, and Eastman told Trump as much. Nevertheless, they filed a suit repeating this false allegation in a sworn pleading. Carter explains:
How is it that these people do not know that if the attorney is in on the criming then attorney-client privilege does not apply? All I can say is that someone needs to get these guys a subscription to the Law & Order channel.
Jennifer Rubin goes on:
President Trump, moreover, signed a verification swearing under oath that the incorporated, inaccurate numbers “are true and correct” or “believed to be true and correct” to the best of his knowledge and belief.
The emails show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public. The Court finds that these emails are sufficiently related to and in furtherance of a conspiracy to defraud the United States.
In other words, just as the Jan. 6 committee showed over the course of its hearings, Trump knew he had lost in Georgia and knew the numbers of fraudulent votes he was throwing about were false. Yet he kept repeating these lies, including under oath in federal court.
Rubin has awarded Judge Carter her title of Distinguished Person of the Week for doing his part to uncover the truth.
I might just give Jennifer Rubin an award myself.