Wrote Judge David Carter, quoted in "Trump probably broke the law in an effort to obstruct Jan. 6 proceedings, judge says/'The illegality of the plan was obvious,' Judge David Carter wrote in a ruling shooting down lawyer John Eastman's bid to keep Jan. 6 documents private" (NBC News).
In his ruling, Carter wrote that Eastman should give the committee 101 of the 111 documents he was trying to keep from the panel. One of those documents, the judge wrote, is a email chain "forwarding to Dr. Eastman a draft memo written for President Trump’s attorney Rudy Giuliani."
"The memo recommended that Vice President Pence reject electors from contested states on January 6. This 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," the judge wrote, adding that the "draft memo pushed a strategy that knowingly violated the Electoral Count Act, and Dr. Eastman’s later memos closely track its analysis and proposal."
The ruling does not say who wrote the memo, but said, "Because the memo likely furthered the crimes of obstruction of an official proceeding and conspiracy to defraud the United States, it is subject to the crime-fraud exception and the court orders it to be
disclosed."...
"President Trump and Dr. Eastman justified the plan with allegations of election fraud — but President Trump likely knew the justification was baseless, and therefore that the entire plan was unlawful...."
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Doesn't sound much like "rule of law", for a judge to surmise that everyone in this story knew that there was no fraud, and thus they were committing fraud to advance their plan.
Common sense suggests, to me, that Trump et al were expressing some kind of dark glass experience regarding the election. It sure LOOKED stolen.
What we have here is a judge expressing a dark glass experience regarding Trump's belief. To the judge, Trump sure LOOKS like he knows his experience is false.
Now do Hillary.
The crime here is the committee that issued the subpoena.
Certainly, attorney-client privilege must end if this country is to survive.
"President Trump and Dr. Eastman justified the plan with allegations of election fraud — but President Trump likely knew the justification was baseless..."
Does anyone think that Trump didn't believe that election fraud was real?
I was curious about why this attorney was referred to as "Dr." Eastman. (Of course, most lawyers have a Juris Doctor degree, but as far as I know they don't normally use it as an honorific.) It turns out that he also has a Ph.D. in government -- which I suppose is a plus if you're going to overthrow one. (Yes, that was a joke.)
This made absolutely no sense. "Permenently ended its peaceful transition of power"? This is the most insane thing I've seen a District Judge write, since the Flynn Case.
THere was no coordination between the group walking into the Capital building and Trump. There was no way the protesters could have FORCED VP Pence to do anything. The only way to end the "transition Of power" would've been by the Army taking over the Capital, locking up the House and Senate, and declaring Trump Dictator of the world.
Rather than simply accepting that they won and Trump lost in Jan 2021, the Democrats and their stooges in the Judiicary have thrown out any pretense of sanity or fairness or traditional rules regarding Executive priviliage. The whole point of this charade is scan every one of Trump WH emails to find anything that might be criminal or embarrassing.
Notice that former Presidents Bush and Clinton are A-OK with Biden allowing Congress to do this to a former President. Executvie privilage no longer matters when its someone they don't like. Incredible.
President Trump likely knew the justification was baseless
Trump didn't know it was baseless then. The judge doesn't know it was baseless now. Nobody knows. Still. That's the problem.
There's absolutely no reason we all shouldn't know beyond a shadow of a doubt what the outcome of an election is, and we should know that within a day or two at most. But we don't.
That's a huge problem and it's no accident.
Having said that, I support full disclosure.
Trigger the latest round of "the walls are closing in."
If you think the only way the Republicans can lose is if they run Trump in 2024, do you want stories about January 6 to go forward or to die? Is this a way to clear away the wreck of the 2020 election?
In Barr's book he points out that Trump always had a group of kibitzers around (like Rudy Giuliani and some others)who were not federal officers and who told him what he wanted to hear. Barr was gone by Christmas, but he believed that Trump had closed out the people other than those who were telling him stuff like this.
We all have our own opinions about these events, but a low point for me was when Trump and his kibitzers pinned the tail on Mike Pence, who served as VP with great honor, dignity, and loyalty. Mike Pence did exactly the right thing in the circumstances, and he should have been thanked rather than denounced.
David Carter's utter repudiation of judicial ethics and due process here has done more to undermine democracy and the Constitution than Trump ever did.
Here I thought that 2000 ended the peaceful transition. Everybody knows that fraud was a big factor in 2020, even lefties who deny it.
David Carter is largely responsible for the takeover of Los Angeles streets by drug dealers and the insane.
Everything he does is presumptively wrong. He should sign every order "Look Mommy I'm a Federal Judge".
I think the post misses the most important findings in the opinion:
1. "Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021."
2."Based on the evidence, the Court finds that it is more likely than not that President Trump and Dr. Eastman dishonestly conspired to obstruct the Joint Session of Congress on January 6, 2021."
3. "Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history. 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."
4. "If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself."
This Judge Carter guy, is the dude that ordered LA to provide housing for the homeless,
including a $1,000,000,000 fund to be set up to make sure that the homeless were comfortable, and never had to work again; right?
right
Let me know when they can prove the "probably" is "certainly". Until then, I don't see how a memo written by someone on Trump's team = Trump broke the law. The government, including the judiciary, lost any goodwill I had towards them with the years of "Russia, Russia, Russia!". Too much fakery and deceit then for me to easily trust them now.
Come on. Pass a bill of Attainder. You know you want to.
Why did Nancy push the "Electoral Count Act" if Trump asking for redress in the courts was illegal? Was it because it was actually legal?
Is Adam Schiff going to be in complete control of the arguments he can make and the evidence he can present in his own defense like he was in impeachment? Probably the judge will disallow any compelling arguments Trump might have. We have seen how this works, guaranteed show trial.
Wow. This judge seems to know so much!
’…but President Trump likely knew…
So ordered, the Honorable Judge Carnac the Magnificent, Esq.
Au contraries, Everyone knows election fraud stole our President’s re- election and brags about doing it. But the conspirators are shaking in their boots fearing forensic audits ever happen.
Probably broke the law?
Well maybe perhaps she's just a little bit pregnant? Like this one more definitness is needed - yes or no. Weasel words won't do here.
I guess the Judge was in a medically-induced coma not to have known that the Democrats spent four frickin years trying to thwart the 2016 election of Donald Trump, accusing him of colluding with Russia and twice impeaching him on spurious grounds.
I don't quite understand how contesting actions of people who actually conspired to defraud the United States by violating actual election law is an illegal act of conspiring to defraud the United States, but the acts that actually did conspire are not considered be illegal.
Apparently it's not wrong to cheat, it is wrong to try and stop the effects of cheating.
I don't know if Stephen (6:02) intended his post to evoke the reaction I had-- he doesn't say -- but those four itemized findings he quoted are World Championship Long Jumps to a Conclusion. Give that man the Gold.
If Trump were actively engaged in a conspiracy to permanently end the peaceful transition of power (and install himself as permanent President?), wouldn't he be clever enough to think that maybe, somewhere along the line, arms of some sort might be needed?
Also, Amadeus 48--that Rudy Giulani guy was one of the kibitzers telling Trump that the Hunter Biden laptop was real, and not to believe the "intelligence community" who were saying it was a Russian disinformation plot.
Can't have a guy like that around. Better to rely on Barr, who knows things.
Since democracy is hanging by a thread - the left better get their cheat machine ready for the next crook in line for their top spot.
Which old tied corrupt biddy will it be next?
Well, he did uphold Eastman on about 10 documents. It was Eastman who forced him to analyze the crime-fraud exception to attorney-client privilege. He took a lot of briefing, held multiple hearings and looked at documents in camera before ruling. Eastman has indicated he will comply with the order. He's an old judge. I'm not a fan of old judges at any level.
how dare they...
try to persuade people of their legal position by taking such extreme actions such as....
making arguments!
If the charges are based on the idea that claims of election fraud are "baseless" then that brings evidence of it into scope. Discovery is gonna be glorious, if they don't find some way to keep it out, which they will.
2000 Mules documented widespread drop box fraud win GA, Wisconsin was a complete rig job by Zuckerberg, PA ruled that the actions were illegal, but the judge said it was too late to do anything about it, and AZ is complete mess too. Bring it on.
"If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself."
What next? Truth and Reconciliation sessions? Purges?
People are so terrified that Trump will run again and win that they are pulling out all the stops now, including this ridiculous judge issuing absurd opinions about probable guilt. That leads me to believe that many Democrats believe that Biden is not the most popular president in American history and that the election was probably stolen.
Jupiter said...
Come on. Pass a bill of Attainder. You know you want to.
They're working on Corruption of Blood, they want to make sure they don't have to deal with Ivanka and Barron one day.
Lock him up
Doesn't look as though anyone is bothering to read the opinion.
Stop it. You're scaring Howard.
"Does anyone think that Trump didn't believe that election fraud was real?"
He still believes that. That's what makes what the judge is saying so stupid.
Ooh, the walls are closing in. Again.
It's a mere formality. It holds no power to effect the electoral process. Ceremonial. Holds no legal authority.
It's the one lethal flaw in the Constitution. So well concealed nobody noticed. If you can get a small group of fighters in at an exact time and place, a disruption in the elector certification will completely destroy the death star.
Real American said...
"how dare they...
try to persuade people of their legal position by taking such extreme actions such as....
making arguments!"
Malarkey. Specious arguments don't count. There is no factual basis.
Didn't Al Gore sue and sue and sue.... i.e. claim election fraud?
So whats the difference?
A judge saying someone likely knew something is known as mind-reading.
"Also, Amadeus 48--that Rudy Giulani guy was one of the kibitzers telling Trump that the Hunter Biden laptop was real, and not to believe the "intelligence community" who were saying it was a Russian disinformation plot."
OK. What's your view of Pence?
tephen said...
Doesn't look as though anyone is bothering to read the opinion.
*************
I did. What the fuck is the Judge doing pontificating about matters that haven't been formally presented as evidence in his courtroom?
Isn't the point of the subpoena to obtain documents that MIGHT become evidence?
How does the Judge KNOW that Trump knew the election was fair?
Dem Hack, belongs on a bench in Cook County Illinois misdemeanor court not a Federal court.
@amadeus
Pence is a coward. That's been obvious since he backed down on Indiana's RFRA law. I'm not saying he should have done anything different on January 6, but I don't trust him to do what's right when his back is up against the wall. He betrays allies for the praise of his opponents.
Birches said...
@amadeus
Pence is a coward. That's been obvious since he backed down on Indiana's RFRA law. I'm not saying he should have done anything different on January 6, but I don't trust him to do what's right when his back is up against the wall. He betrays allies for the praise of his opponents.
************
I see.....
* you disagree with Pence's stance on clarifying that law....THEREFORE he is a coward.
* Pence's stance on that law was BECAUSE he wanted to gain praise from his opponents and stick it to his allies.
You know this....how?
Grass is green and the sky is blue. Another day and more lawfare.
If not for two Keystone Cops impeachments and a never-ending "vast left wing conspiracy" targeting Trump, someone may care about someone's random opinions.
Drafts of plans are now evidence of illegal intent? We’re now legally responsible for the ideas we reject?
Howard said...Lock him up
The walls are forever closing in on Trump, yet always actually close only on his critics.
On a recent PowerLine podcast, John Yoo gave a brief summary of his thoughts on Jan 6 and Eastman's arguments. His opinion, which seems reasonable, is that Eastman is half right. The VP has the power to review the validity of the Electoral College votes but there was nothing for Pence to review on 6 January 2021 since no legislature had submitted another slate of electors. He couldn't simply set aside Electoral Votes for review in the hopes that maybe a legislature would be persuaded to do so.
Smarter Democrats recognize that this review power and the Electoral Count Act are a significant threat to their plans to bypass the Electoral College via the National Popular Vote Compact and/or intimidation of individual electors into casting their votes the 'right way', i.e. not for a Republican who wins the Electoral College but not the popular vote. That can only be effective if there is no way to review or recount of the Electoral College votes.
RFRA existed for a couple of decades without anyone caring about it. As long as it was only used by Natives to smoke peyote, it was fine. The second it might help Christians against the broader secular culture, it must be stopped. Every corporate power in Indiana threatened Pence with economic annihilation if the law remained as it existed in many states for years. And he caved. The fact that you think he "clarified" the law is telling.
Pence caved once. He will cave again. I just saw the pattern.
Amadeus--I don't know about Pence. This was Trump's last and only opportunity to contest the election, and based on the Trump legal team's interpretation of the Constitution, it required Pence as VP to raise a question as to the validity of some of the votes. (Yes I understand that the interpretation may have been unsound, but it was--apparently--the plan). We don't know what Pence thought about this beforehand, or whether he ever told Trump what he was or was not going to do, but Trump had some expectation that Peence was on board. Whether Pence was never on board, or changed his mind in light of the "insurrection," or because the election results as presented were not such that a challenge was possible, is something that I just don't know.
Dissent is disruption is insurrection is a coup d'etat?
Reading the judge's opinion, I am reminded of the guy online who used to post, "Quod gratis asseritur, gratis negatur" and assumed that people would know what he meant.
Just another distraction as the Illegitimate Biden Regime circles the toilet bowl.
This regime and it's supporters are violent and censorious. They are directly undermining due process rights and have completely destroyed the concept of equality under the law.
The economy is crashing on every level and everyone knows it is the Biden Regime's fault.
I look forward to the blow back on these disgusting shitheads.
A conspiracy is an agreement to commit a crime. What is the crime here? To pressure or persuade Vice President Pence to reject electoral votes? Judge Carter assumes, but does not prove, that there was no legal basis for the argument that Pence could reject electoral votes. Historically, we know that two Vice Presidents, Jefferson and Adams, decided whether to accept disputed electoral votes. Now I personally don’t think the VP has that authority, but it’s not a crazy legal argument. Thus I don’t agree that agreeing to pressure Pence to do that constituted the crime of conspiracy. I suspect that AG Garland has come to the same conclusion, which is why he hasn’t brought any conspiracy charges against Trump or Eastman.
WHAT peaceful transition of power?? Trump never GOT THAT. The Washington Post tabloid ran with IMPEACH 19 minutes after the inaugeration. Fuck EVERY Democrat and Progressive who still hold on to that notion that ANTHING is going to be peaceful ever again. THEY DID THIS. Put the blame where it REALLY BELONGS.....on the dividers of America....the left.
And don't forget about the RIOTS and the burning down of city streets in DC the day Trump was inaugerated. THAT was an insurrection, if they can call the Capitol selfie brigade insurrectionists.
Just another distraction as the Illegitimate Biden Regime circles the toilet bowl.
There's always the Slavic Spring, 8 years in progress targeting native people, with the audacity to hope for change to a transnational affair without borders.
Doesn't look as though anyone is bothering to read the opinion.
Just like I don't need to step into a pile of dog shit to know it stinks.
Judge appears to be mentally ill.
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