ThinkCivics News
An educated citizenry is a vital requisite
for our survival as a free people.
Join ThinkCivics+
  • Culture & Society
  • Economy
  • Health
  • US News
  • Faith
  • Science & Tech
  • World News
No Result
View All Result
ThinkCivics News
  • Culture & Society
  • Economy
  • Health
  • US News
  • Faith
  • Science & Tech
  • World News
Join ThinkCivics+
No Result
View All Result
ThinkCivics News
Join TC+
Home US News Elections

Here Is Why a Federal Judge Says Trump Probably Committed Felonies When He Tried to Overturn Biden’s Election

Reason.com by Reason.com
March 29, 2022
in Elections
Reading Time: 6 mins read
0
0
Here Is Why a Federal Judge Says Trump Probably Committed Felonies When He Tried to Overturn Biden’s Election

A federal judge in California yesterday ruled that Donald Trump and one of his legal advisers, former Chapman University law professor John Eastman, probably committed federal felonies when they conspired to reverse the outcome of the 2020 presidential election by pressuring then–Vice President Mike Pence to block or delay congressional ratification of Joe Biden’s victory. U.S. District Judge David O. Carter concluded it was “more likely than not” that the scheme violated 18 USC 1512, which prohibits obstruction of “any official proceeding,” and 18 USC 371, which criminalizes conspiracies to “defraud the United States.”

Carter made that determination while adjudicating a dispute over emails sought by the House select committee investigating the January 6, 2021, riot at the U.S. Capitol by Trump supporters who accepted his stolen-election fantasy and were angry at Pence for refusing to go along with Eastman’s plan. While the practical impact of Carter’s conclusion is limited to just one disputed document, his analysis amounts to an indictment of conduct that was not just dishonest and reckless but arguably criminal.

“The illegality of the plan was obvious,” Carter writes. “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. As Vice President Pence stated, ‘no Vice President in American history has ever asserted such authority.’ Every American—and certainly the President of the United States—knows that in a democracy, leaders are elected, not installed….President Trump knowingly tried to subvert this fundamental principle.”

Eastman argued that 111 of the documents sought by the January 6 committee’s subpoena were protected either by attorney-client privilege, which applies to confidential legal advice, or by the “work product” doctrine, which applies to material prepared in anticipation of litigation. The select committee argued that the disputed emails were not protected, invoking the “crime-fraud exception,” which applies to legal advice “in furtherance of” a crime.

Carter concluded that 13 documents qualified as work product and that the crime-fraud exception applied to just one: a memo prepared for Trump attorney Rudy Giuliani recommending that Pence “reject electors from contested states on January 6.” Carter says that memo “may have been the first time members of President Trump’s team transformed a legal interpretation of the Electoral Count Act into a day-by-day plan of action.”

As Carter notes, that plan of action was blatantly illegal. In conversations with Greg Jacob, Pence’s counsel, Eastman conceded that the plan violated the Electoral Count Act in several ways. And while Eastman questioned the constitutionality of that law, Carter says, the proper way to resolve those claims would have been to raise them in court rather than unilaterally choosing to ignore the statute.

Eastman likewise acknowledged that it was “100 percent consistent historical practice since the time of the Founding” that the vice president does not have the legal power to do what Eastman and Trump wanted him to do. Eastman also admitted that it was likely the Supreme Court would unanimously agree.

On January 3, 2021, Eastman nevertheless wrote a six-page memo calling for “BOLD” action by Pence to stop Biden from taking office. “The stakes could not be higher,” he wrote. “This Election was Stolen by a strategic Democrat plan to systematically flout existing election laws for partisan advantage; we’re no longer playing by Queensbury Rules.”

The next day, Eastman, at Trump’s behest, pushed his plan in a meeting with Pence, Jacob, and Marc Short, the vice president’s chief of staff. “During that meeting,” Carter notes, “Vice President Pence consistently held that he did not possess the authority to carry out Dr. Eastman’s proposal.” Eastman met again with Jacob and Short on January 5, saying, “I’m here asking you to reject the electors.” Most of that meeting was consumed by an argument in which Jacob disputed the legal merits of Eastman’s memo.

“Despite receiving pushback,” Carter says, “President Trump and Dr. Eastman continued to urge Vice President Pence to carry out the plan.” At 1 a.m. on January 6, Trump tweeted that “if Vice President @Mike_Pence comes through for us, we will win the Presidency,” averring that “Mike can send it back!” Seven hours later, another Trump tweet insisted that “states want to correct their votes,” saying “all Mike Pence has to do is send them back to the States, AND WE WIN.” He urged Pence to “do it,” because “this is a time for extreme courage!”

Trump delivered the same message in a phone call to Pence around 11:20 a.m. that day. According to Pence’s national security adviser, who was present during that conversation, Trump castigated the vice president as “not tough enough to make the call.” Trump and Eastman reprised the same theme during their speeches at the “Stop the Steal” rally that preceded the Capitol riot. Trump closed his speech by urging his followers to march on the Capitol in the hope of inspiring “the kind of pride and boldness” that “weak” Republicans like Pence needed “to take back our country.”

Around noon, Pence publicly rejected Trump and Eastman’s appeals, saying, “It is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.” After the riot started, Trump condemned Pence on Twitter: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”

In an email to Eastman while Trump’s enraged supporters were storming the Capitol, Jacob noted that the rioters “believed with all their hearts the theory they were sold about the powers that could legitimately be exercised at the Capitol on this day,” and “thanks to your bullshit, we are now under siege.” Eastman, who was still trying to change Pence’s mind, took a different view: “The ‘siege’ is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so the American people can see for themselves what happened.”

A conviction for obstructing or attempting to obstruct an official proceeding requires proving that the defendant acted “corruptly.” According to 9th Circuit precedent, that element does not require “consciousness of wrongdoing.” But in this case, Carter says, Trump “likely knew that the plan to disrupt the electoral count was wrongful.”

While Trump and Eastman justified their actions by asserting that the election had been stolen through systematic fraud, that claim had been rejected by cybersecurity experts, state officials of both parties, the courts, and “numerous executive branch officials,” including Attorney General William Barr. Trump therefore “likely knew the justification was baseless,” Carter says, meaning “the entire plan was unlawful.” Eastman’s concessions about the legal dubiousness of his “BOLD” plan underline that point.

A conviction for conspiracy to defraud the United States requires coordination, the use of “deceitful or dishonest means,” and at least one “overt act”—all aimed, in this case, at obstructing “a lawful government function.” Carter thinks the same pattern of behavior that implicates Trump and Eastman in obstructing a congressional proceeding probably would satisfy those elements as well.

Carter’s conclusions do not necessarily mean that Trump or Eastman could be successfully prosecuted for either of these crimes. The preponderance-of-the-evidence standard for applying the crime-fraud exception is much less demanding than the proof beyond a reasonable doubt required for a criminal conviction. So even if the January 6 committee ends up recommending criminal charges, the Justice Department might sensibly decline to pursue them. But Carter’s ruling, which calls Eastman’s plan “a coup in search of a legal theory,” reminds us of how outrageous and unprecedented Trump’s reaction to his electoral defeat was.

“More than a year after the attack on our Capitol, the public is still searching for
accountability,” Carter writes. “This case cannot provide it. 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. At most, this case is a warning about the dangers of ‘legal theories’ gone wrong, the powerful abusing public platforms, and desperation to win at all costs.”

The post Here Is Why a Federal Judge Says Trump Probably Committed Felonies When He Tried to Overturn Biden’s Election appeared first on Reason.com.

Reason.com

Reason is the nation’s leading libertarian magazine. They produce hard-hitting independent journalism on civil liberties, politics, technology, culture, policy, and commerce.

reason.com/
Tags: Capitol riotCongressConspiracy TheoriesCriminal JusticeDonald TrumpElection 2020Electoral Count ActJoe BidenLitigationMike Pencesubpoenavote fraud

Related Posts

Here’s the Dems’ New 2022 Midterm Nightmare

Here’s the Dems’ New 2022 Midterm Nightmare

May 24, 2022
Obamacare ‘Time-Bomb’ Puts Democrats in Further Peril Heading Into the Midterms

Obamacare ‘Time-Bomb’ Puts Democrats in Further Peril Heading Into the Midterms

May 24, 2022

Polling: Biden Most Unpopular President Ever At This Point In His Term

May 23, 2022

Court-Ordered New York Redistricting Map Is Lights out for Democrats

May 16, 2022
Load More
Next Post
Lesbian couple sues fertility clinic after given male embryo: ‘He was put there against my will, just like rape’

Lesbian couple sues fertility clinic after given male embryo: 'He was put there against my will, just like rape'

Gaetz Introduces Resolution to Strip Security Clearances from Intel Officials Who Lied About Hunter Biden’s Laptop

Gaetz Introduces Resolution to Strip Security Clearances from Intel Officials Who Lied About Hunter Biden’s Laptop

WATCH: Angry Biden Explodes on Press for Grilling Him on Remark ‘Putin Cannot Remain in Power’

WATCH: Angry Biden Explodes on Press for Grilling Him on Remark 'Putin Cannot Remain in Power'

TODAY'S TOP STORIES

  • Here’s a Three-Word Policy That’s Been Effective in Stopping School Shootings

    Here’s a Three-Word Policy That’s Been Effective in Stopping School Shootings

    0 shares
    Share 0 Tweet 0
  • Unvaccinated People Will Be Barred From This, Starting May 31

    0 shares
    Share 0 Tweet 0
  • Reporter Shuts Down Blue Checkmark Leftist ‘Hack’ Distorting His Coverage of Texas School Shooting

    0 shares
    Share 0 Tweet 0
  • FBI Agent at Sussmann Trial Just Dropped a Bomb About an Ongoing Investigation

    0 shares
    Share 0 Tweet 0
  • Watch As Nancy Pelosi Has Meltdown During Live Interview To Roe v. Wade Question

    0 shares
    Share 0 Tweet 0

Newly obtained memo shows John Kerry was conducting ‘secret’ meetings with Iran during the Trump administration

by ThinkCivics Newswire
May 26, 2022
0
Newly obtained memo shows John Kerry was conducting ‘secret’ meetings with Iran during the Trump administration
National Security

This article was originally published on Twitchy.com. Read the original article.

Read more

Handwritten Notes From 2017 Show FBI Agents Mislead DOJ On The Trump-Russia Investigation

by The Federalist
May 19, 2022
0
Handwritten Notes From 2017 Show FBI Agents Mislead DOJ On The Trump-Russia Investigation
National Security

Hillary Clinton’s campaign lawyer Michael Sussmann is currently on trial for lying to the FBI about his role in pushing...

Read more

Jankowicz Got The Boot, But Biden’s ‘Ministry Of Truth’ Hired Replacements Are WORST

by ThinkCivics Newswire
May 19, 2022
0
Jankowicz Got The Boot, But Biden’s ‘Ministry Of Truth’ Hired Replacements Are WORST
National Security

The Department of Homeland Security (DHS) hired the co-author of the PATRIOT Act, arguably the harshest crackdown on civil liberties...

Read more

MSNBC Guests Want GOP Labeled ‘Domestic Terror Party,’ Jail Time For Having The Wrong Opinions

by The Political Insider
May 19, 2022
0
MSNBC Guests Want GOP Labeled ‘Domestic Terror Party,’ Jail Time For Having The Wrong Opinions
National Security

We all know that Democrats and the left love to operate on the premise of “never let a good crisis...

Read more
The Sinister Roots of Build Back Better
Economy

The Sinister Roots of Build Back Better

by American Thinker
May 26, 2022
0

President Joe Biden and the puppeteers who control his teleprompter are weakening the country in order to gain more power...

Read more
Watch: Davos Elites Warn “Painful Global Transition” Should Not Be Resisted By Nation-States
Economy

Watch: Davos Elites Warn “Painful Global Transition” Should Not Be Resisted By Nation-States

by Zero Hedge
May 24, 2022
0

As World Economic Forum head Klaus Schwab proclaimed that “the future is built by us” at the opening of the...

Read more
This Year’s World Economic Forum in Davos Is as Disturbing as You’d Expect
Economy

This Year’s World Economic Forum in Davos Is as Disturbing as You’d Expect

by RedState
May 23, 2022
0

It’s the time of year again when thousands of the world’s most powerful and wealthy people gather in Davos, Switzerland...

Read more
Is Trump A Modern Day Nostradamus? Watch His Prediction Of What Would Happen If Biden Won
Economy

Is Trump A Modern Day Nostradamus? Watch His Prediction Of What Would Happen If Biden Won

by The Political Insider
May 23, 2022
0

President Trump is many things, to friend and foe alike. Is being a modern day Nostradamus among them? At least...

Read more
Facebook Twitter RSS

Brilliantly

SAFE!

thinkcivics.com

Content & Links

Verified by Sur.ly

2022

Recent News

  • Newly obtained memo shows John Kerry was conducting ‘secret’ meetings with Iran during the Trump administration
  • The Sinister Roots of Build Back Better
  • Watch: Why a Gun-Free America Is an Impossibility

Category

  • Culture & Society
  • Economy
  • Editorials
  • Education
  • Elections
  • Energy
  • Environment
  • Faith
  • Health
  • Immigration
  • Military
  • National Security
  • Politics
  • Science & Tech
  • US News
  • Videos
  • World News

© 2022 ThinkCivics Media. All Rights Reserved.

  • Login
  • Sign Up
No Result
View All Result
  • Home
  • About
  • Store
  • Contact Us
  • Join
  • Contribute

© 2022 ThinkCivics Media. All Rights Reserved.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

OR

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.