Federal Judge Says Trump ‘More Likely Than Not’ Committed a Crime in Conspiring to Overturn 2020 Election
A federal judge, in a new court filing, said that former President Donald Trump and his former lawyer, John Eastman, most likely committed felonies with their attempts to overturn the 2020 election.
Judge David O. Carter of the Central District of California released a court filing in which he wrote that Trump “more likely than not” committed felony obstruction, conspired to defraud the United States, and “dishonestly conspired [with Eastman] to obstruct the Joint Session of Congress” by trying to have his election loss overturned. Carter also ordered Eastman to turn over his emails to the January 6th Committee after he refused to cooperate with their investigation after getting subpoenaed.
From page 36 of the ruling:
The illegality of the plan was obvious. 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. With a plan this “BOLD,” President Trump knowingly tried to subvert this fundamental principle.
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.
The ruling comes after the January 6th Committee formally accused Trump and his team of engaging in “a criminal conspiracy to defraud the United States” with their attempts to stop the certification of his 2020 defeat. The New York Times notes that “the Justice Department has been conducting a wide-ranging investigation of the Capitol assault but has given no public indication that it is considering pursuing a criminal case against Mr. Trump. A criminal referral from the House committee could increase pressure on Attorney General Merrick B. Garland to do so.”
Neither Carter nor the Jan. 6th Committee have the authority to prosecute Trump for criminal conduct. Carter acknowledges this in his statement on the court’s limitations, though he said Trump and Eastman dangerously risked America’s core institutions, and he warned that Jan. 6 could repeat itself if those most responsible aren’t held accountable.
From page 44 of the filing:
More than a year after the attack on our Capitol, the public is still searching for accountability. 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. If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution. If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.
