Former President Donald Trump signed legal documents describing evidence of election fraud that he knew were false, a federal judge indicated on Wednesday.
U.S. District Court Judge David Carter wrote in an 18-page opinion that emails from attorney John Eastman, an architect of Trump’s last-ditch effort to subvert the 2020 election, needed to be turned over to the Jan. 6 select committee. Those emails, Carter wrote, “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 emails are among the files that Eastman had been declining to turn over to the committee, citing attorney-client privilege. While Carter concluded that some of the materials fell under that privilege, he ruled that Eastman must disclose four emails to congressional investigators because they are evidence of a likely crime.
“The Court finds that these four documents are sufficiently related to and in furtherance of the obstruction crime,” wrote Carter, who is based in California.
According to Carter, Trump and his attorneys alleged in a Dec. 4 filing in Georgia state court that Fulton County had improperly counted more than 10,000 votes of dead people, felons and unregistered voters. They then moved that proceeding to federal court and discussed whether to use the same statistics in that filing. In private correspondence, Trump’s lawyers noted that the then-president had resisted signing documents containing “specific numbers.” On Dec. 31, Eastman emailed other Trump lawyers that the numbers filed in state court were not accurate.
“Although the President signed a verification for [the state court filing] back on Dec. 1, he has since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate,” Eastman wrote in an email to colleagues. “For him to sign a new verification with that knowledge (and incorporation by reference) would not be accurate.”
However, Trump and his lawyers opted to file the federal complaint using the same numbers that Eastman conceded were inaccurate.
“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,” added Carter, an appointee of President Bill Clinton. “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.” [Continue reading…]