Is President Trump Gulty?
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The Jan. 6 select committee says its evidence has shown that then-President Donald Trump and his campaign tried to illegally obstruct Congress’ counting of electoral votes and “engaged in a criminal conspiracy to defraud the United States.”
In a major release of its findings (https://storage.courtlistener.com/recap/gov.uscourts.cacd.841840/gov.uscourts.cacd.841840.160.0.pdf), filed in federal court late Wednesday, the committee suggested that its evidence supported findings that Trump himself violated multiple laws by attempting to prevent Congress from certifying his defeat.
“The Select Committee also has a good-faith basis for concluding that the President and members of his Campaign engaged in a criminal conspiracy to defraud the United States,” the committee wrote in a filing submitted in U.S. District Court in the Central District of California.
The panel released its findings as part of a legal push to force John Eastman, an attorney who was a key driver of Trump’s strategy to subvert the 2020 election, to produce crucial emails tying together elements of the scheme they described.
In 16 accompanying exhibits, the panel showcased testimony it received from key figures in Trump-world, including campaign adviser Jason Miller, White House communications aide Ben Williamson, Pence national security adviser Keith Kellogg, Pence counsel Greg Jacob and Pence chief of staff Marc Short. Top Justice Department officials also provided crucial testimony revealed by the panel Wednesday night, including Acting Attorney General Jeff Rosen and his top adviser, Richard Donoghue .
A deposition of Eastman himself reveals that the Trump ally invoked his Fifth Amendment right against self-incrimination nearly 150 times in declining to answer the committee’s questions.
The committee suggests Trump and some of his allies may have committed three distinct crimes: Obstruction of an official proceeding — in this case, Congress' Jan 6 session to count electoral votes — defrauding the United States by interfering in the election certification and spreading false information about the results, and a violation of the District of Columbia's common fraud law.
Aides to Trump did not respond to requests for comment, but Charles Burnham, Eastman's attorney, offered the following response: “Like all attorneys, Dr. John Eastman has a responsibility to protect client confidences, even at great personal risk and expense. The Select Committee has responded to Dr. Eastman's efforts to discharge this responsibility by accusing him of criminal activity. Because this is a civil matter, Dr. Eastman will not have the benefit of the Constitutional protections normally afforded to those accused by their government of criminal conduct. Nonetheless, we look forward to responding in due course.”
To prove Trump committed felony obstruction, investigators would have to show he "corruptly" intended to impede an official proceeding — and the committee says his work with Eastman to pressure Pence to take illegal acts could satisfy this requirement, particularly as Trump continued to spread claims of fraud that his own allies said were unfounded.
Determining whether Trump violated criminal law on Jan. 6 is a complex undertaking, though the panel’s findings may drive up pressure on the Justice Department to reveal its own thinking on the matter. Prosecutors have charged hundreds of Trump supporters who breached the Capitol with seeking to obstruct Congress’ effort to count electoral votes, but applying that law to the former president presents a trickier calculus.
The bulk of the committee’s legal filing focused on reconstructing Eastman’s efforts to justify ordering Pence to overturn the election single-handedly when he presided over Congress’ electoral-vote-counting session on Jan. 6, 2021.
Eastman, however, didn’t relent even after a violent mob — egged on by Trump — stormed the Capitol and sent Pence and Congress fleeing for safety. Eastman continued to press Pence to overturn the election.
Chair Bennie Thompson (D-Miss.) and Vice Chair Liz Cheney (R-Wyo.) said in a statement later Wednesday that their fact-finding strongly suggested: “Dr. Eastman’s emails may show that he helped Donald Trump advance a corrupt scheme to obstruct the counting of electoral college ballots and a conspiracy to impede the transfer of power.”
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