Evidence that Trump and John Eastman knew their January 6 plot was corrupt

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At this point, the January 6 committee hearings might as well be a big criminal referral to the Justice Department. And to prove that Donald Trump and his allies broke the law, the committee had to establish that they were acting corruptly, meaning they probably knew their scheme was wrong and did it anyway. for follow-up.

To do this, the committee, in its last two hearings, focused on two issues: that those involved in pushing to annul the election a) knew that their efforts were likely illegal, and b) that they were repeatedly said that their claims of voter fraud were false.

Here’s what we’ve learned on both fronts so far.

Evidence that Trump’s team knew their plot was illegal

In the words of Trump attorney John Eastman:

  • In his notes describing the plot to nullify the Jan. 6 election, Eastman said Vice President Mike Pence should simply ignore the Voter Count Act because Eastman considers it unconstitutional.
  • In a December 19, 2020 email, he admitted that having alternative voters who were not certified by state legislatures would mean they were “dead when they got to Congress.” “…The verbatim assertion that ‘executive’ certification would prevail in such a case over the list certified by the legislature is contrary to Article II” of the Constitution, Eastman wrote in the Dec. 19 email. He nevertheless pushed forward.
  • After the riot at the United States Capitol, he again pressed Pence’s General Counsel, Greg Jacob, to have Pence violate the Voter Count Act. In an email on the evening of January 6, he argued that he had already been violated by Congress’s handling of the aftermath of the riot and asked them “to consider another relatively minor violation and to adjourn for 10 days to allow the legislatures to complete their inquiries.
  • He asked to be put on a “pardon list” in the days following the uprising, saying in an email: “I have decided that I should be on the pardon list, if it is still in Classes.” That doesn’t necessarily show he knew in advance the plan was illegal — and a federal appeals court has ruled that accepting a pardon is not an admission of guilt. He also argued in the email that he was merely insulating himself from “brazen lies and vomited false witnesses”. But his request reinforces the idea that he considered himself to have a legal responsibility.

According to testimony from Greg Jacob, then the vice president’s chief counsel, on June 16:

  • Eastman admitted that the plan would violate the Voter Count Act: “Mr. Eastman admitted that it did.
  • Eastman confessed to Jacob that the conspiracy would lose on the merits in the Supreme Court: “When I pressed him on this point, I said ‘John, if the vice president does what you ask him to do, we we’d lose 9-0 in the Supreme Court, right?” And he first started off with, “Well, I think you might only lose 7-2,” and after some more discussion thorough, he acknowledged: “Well, yes, you’re right, we would lose 9-0.” … [He] finally acknowledged that, no, we would lose 9-0 – no judge would support his argument.
  • Testified that Eastman believed that even if his plan would fail on the merits, the Supreme Court could refuse to get involved in a political dispute: get involved, they would invoke the political question doctrine and so we could have some comfort to continue on this path.

According to the testimony of White House attorney Eric Herschmann:

  • Giuliani conceded that the plan was unlikely to succeed in legal assembly in the “long term”: “We had an intellectual discussion about… the role of the vice president. And he was asking for my perspective and analysis on the practical implications of that. And when we finished, he said, ‘Look, I think you’re probably right.’

Proof that they were told their election claims were false

Below, we’ll highlight the two instances in which Trump was told that his voter fraud theories were wrong more generally, as well as specific claims (in bold).

According to the testimony of former Attorney General William P. Barr:

  • “I made it clear that I didn’t agree with the idea of ​​saying the election was stolen and publishing this stuff, which I told the president was bullshit. “
  • On Nov. 23, 2020, he said he told Trump about his voter fraud allegations: “They’re not meritorious, they’re not unfolding.”
  • “I repeated that they lost an entire month on these claims on the Dominion Voting Machines, and those were silly claims. … I told them it was crazy stuff, and they were wasting their time on it. And it was doing the country a great disservice. »
  • On the Trump allegation “vote dumps” in Detroit“I said, ‘Mr. President, there are 630 police stations in Detroit. And unlike elsewhere in the state, they centralize the counting process. … So there is nothing. … Did all the people complaining about it tell you that you did better in Detroit than last time? I mean, there’s no indication of cheating in Detroit. And I told him that the stuff that his people were offering to the public was bullshit – that was bullshit, I mean, that the fraud allegations were bullshit.
  • On the allegations of “vote dumps” in Philadelphia“But once you look and compare apples to apples, there is no difference. And, you know, that’s one of the – I think at one point I covered that with the president.

According to the testimony of former Deputy Attorney General Richard Donoghue:

  • “I said something like, ‘Sir, we’ve done dozens of surveys, hundreds of interviews. The main allegations are not supported by the evidence developed. We looked at Georgia, Pennsylvania, Michigan and Nevada. We’re doing our job. Most of the information you get is wrong.”
  • “And then I walked into, for example, this thing from Michigan – this 68% error rate report. The reality is that there was only 0.0063% error rate, less than one in 15,000.”
  • “So I talked a bit about the truck driver in pennsylvania. … This claim came from a truck driver who believed, perhaps honestly, that he had hauled an entire tractor-trailer truck full of ballots from New York to Pennsylvania. … And I basically said, ‘Look, we’ve looked into this allegation. We looked at both ends, both the people who loaded the truck and those who unloaded it. And this allegation was not supported by the evidence.
  • “I said, ‘Okay, well, as far as Georgiawe watched the tape, we interviewed the witnesses. There is no suitcase; the president kept staring at the suitcase which supposedly contained fraudulent ballots and that the suitcase had been unrolled under the table. And I said, no sir, there’s no suitcase, you can watch this video over and over, there’s no suitcase, there was a wheelie bin where they carried the ballots vote. And that’s just how they move the ballots through this facility. There is nothing suspicious in that. »
  • “I told him there was no multiple reading of ballot papers. Part of the allegations that they were taking a ballot and going over it three, four or five times to rack up votes, presumably for Vice President Biden. I told him the video didn’t support that. ”
  • “Then he left double vote. … He said the dead vote. Indians are paid to vote. He met people on Native American reservations. He said there was a lot of fraud here. I told him categorically that most of the information he received was false and/or simply unsupported by evidence. We are looking into the allegations, but they are not coming to fruition.
  • On Trump’s allegations about County Antrim, Mich.and Fulton County, Ga.“I know they came back in later conversations with the president…and I basically told them we looked into this, and that’s just not true….I told the president myself that multiple times in multiple conversations that these allegations of ballots being smuggled in, in a suitcase, and going through the machines multiple times, that wasn’t true – that we watched, we watched the video; we interviewed the witnesses , It was not true.

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Post expires at 9:23pm on Tuesday June 28th, 2022

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