Trump likely committed multiple felonies in his attempt to overturn the 2020 Election -Judge Carter’s 44 page Order.
The White House Counsel described Mr. Clark’s proposed letter as a “murder-suicide pact” that would “damage everyone who touches it” and commented “we should have nothing to do with that letter….”
Happy Monday and boy do I have some incredibly damning news on Donald Trump. Before we dive into Judge Carter’s 44 page order (see ECF or you can save $3.00 and pull it down from my Scribd account ) -I do think it’s important to remind you of the previous past reporting:
January 28, 2022 John Eastman attempts to stonewall arguments, righteously annihilated by the Court. UPDATED with Jan28th Filings -2nd Update with JSR & it’s a doozy
January 28, 2022 The House Select Committee on Jan6th issued additional subpoenas re Republican “fake electors”
January 30, 2022 John Eastman & Cleta Mitchell - Meta data doesn’t lie. I have questions. CNN’s Jim Acosta is 100% correct Trump is inciting another riot
March 3, 2022 House Select Committee “Eastman & Trump engaged in a criminal conspiracy” deep dive of the filing. Sorry about the CA Bar investigation (not)
Now let’s go ahead and dive into the March 28, 2022 —Judge Carter’s 44 page Order/Memorandum (again see ECF or see Scribd) and yes while the opening salvo is somewhat of a dry read, however it will help you understand the totality and scope of the Order:
Moving on to pages 3 and 4 -here you’ll note the court provides an accurate tick-took of events —which were largely reiterated by the House Select Committee on Jan6th…
The White House Counsel described Mr. Clark’s proposed letter as a “murder-suicide pact” that would “damage everyone who touches it” and commented “we should have nothing to do with that letter.
And as correctly noted by the Court -in November 2020 CISA issued the following Press Release -which stated in part:
Cybersecurity and Infrastructure Security Agency, Joint Statement from Elections Infrastructure Government Coordinating Council & The Election Infrastructure Sector Coordinating Executive Committees (Nov. 12, 2020), perma.cc/NQQ9-Z7GZ
And when I say this is important— it really is —I urge you to read pages 31 et seq very closely because this matters, a lot and the Court expounded on their findings, largely relying upon the House Select Committee on Jan6th responsive pleadings -which reads in part:
The Court first analyzes whether President Trump and Dr. Eastman likely committed any of the crimes alleged by the Select Committee, and then whether the eleven remaining documents relate to and further those crimes.
When proving someone has violated 18 U.S.C. § 1512(c)(2) that embedded link is directly from Department of Justice excerpt from the USAM. A Court must evaluate the following three elements:
the person obstructed, influenced or impeded, or attempted to obstruct,
influence or impede
an official proceeding of the United States, and
did so corruptly.
Because the statute requires an actual nexus —the Court proceeds to articulate the various nexuses and how it is more than likely that Donald J Trump committed numerous crimes in his never ending attempt to over throw the 2020 election. These efforts have not stopped, meaning they are continuing as I write this article… for example I now refer you to page 32, which reads in part:
President Trump attempted to obstruct an official proceeding by launching a pressure campaign to convince Vice President Pence to disrupt the Joint Session on January 6. President Trump facilitated two meetings in the days before January 6 that were explicitly tied to persuading Vice President Pence to disrupt the Joint Session of Congress. On January 4, President Trump and Dr. Eastman hosted a meeting in the Oval Office with Vice President Pence, the Vice President’s counsel Greg Jacob, and the Vice President’s Chief of Staff Marc Short….At that meeting, Dr. Eastman presented his plan to Vice President Pence, focusing on either rejecting electors or delaying the count.210 When Vice President Pence was unpersuaded, President Trump sent Dr. Eastman to review the plan in depth with the Vice President’s counsel on January 5.211 Vice President Pence’s counsel interpreted Dr. Eastman’s presentation as being on behalf of the President.
…Together, these actions more likely than not constitute attempts to obstruct an official proceeding…
And there you have it -clear as day —read page 33 and what’s highlighted. I never ever want to hear that Trump isn’t a criminal, he is —he’s just an un-indicted coconspirator - are we clear? Do you think in November 2020 when I tweeted “all hell would break loose” that I was getting ahead of my skis? I wasn’t and boy did I take a lot of shit for this thread - do I regret trying to inform my twitter followers —ABSOLUTELY NOT. See Scribd Link to Order
…Trump likely knew the justification was baseless, and therefore that the entire plan was unlawful…
On page 34 the Court draws from the House Select Committee’s filings and ultimately concluded that Trump knew what he was doing was “unlawful”
No really read pages 33 and 34 and you’ll note the Court is clear as Waterford crystal - TRUMP BROKE THE LAW…and Eastman’s pathetic attempt to shield said documents can not stand because the House Select on Jan6th correctly argued that the “crime fraud” exemption was at play —the Court agreed with the House Select Committee…but with respect to the ten documents in question. The Court explained that “crime fraud” wasn’t applicable and ultimately ruled that the House Select Committee on Jan6th would not be allowed to review those documents. Largely because of the nature of the documents. Meaning they were more “opinion” and that’s why the crime fraud exemption is not applicable. I hope that makes sense as I understand most might not fully comprehend the nuance of Judge Carter’s ruling…
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.
Trump & Eastman- Defrauding the United States of America…
Here the Court articulated that based (in part) of the “strong circumstantial evidence” that Trump and Eastman had an agreement —ergo why I’m unapologetic in stating that Donald J Trump is an un-indicted coconspirator. Period. Full Stop.
The strength of this agreement was evident from President Trump’s praise for Dr. Eastman and his plan in his January 6 speech on the Ellipse: “John is one of the most brilliant lawyers in the country, and he looked at this and he said, ‘What an absolute disgrace that this can be happening to our Constitution.’”
Based on these repeated meetings and statements, the evidence shows that an agreement to enact the electoral count plan likely existed between President Trump and Dr. Eastman.
Here the court Re-emphasizes the distinction between “am honest misinterpretation of the law” versus knowingly using deceit and/or dishonest means. On pages 38 & 39,the Court reiterated that Eastman and Trump knew they were breaking the law and used “deceit and dishonesty” in the furtherance of their unlawful scheme to DEFRAUD the United States of America…
…they are a partisan distortion of the democratic process….
To be clear -the Court upbraiding of Eastman and Trump’s arguments are on full display and I would encourage you to read page 39 very closely -which reads in part:
Eastman admitted that his “more palatable” idea to have the Vice President delay, rather than reject counting electors, rested on “the same basic legal theory” that he knew would not survive judicial scrutiny.
Dr. Eastman’s views on the Electoral Count Act are not, as he argues, a “good faith interpretation” of the law… they are a partisan distortion of the democratic process. His plan was driven not by preserving the Constitution, but by winning the 2020 election:
In Eastman and Trump’s furtherance of their conspiracy to defraud the United States of America… the 44 page Order/Memorandum is likely to be used in (hopefully) the forthcoming John Eastman Indictment —the Court has literally laid out the finding of facts for the Department of Justice…
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.
But to be clear the ten documents discussed by the Court - the Judge ruled that all 10 documents “shall not be disclosed to the House…”
And I would urge you to read page 44 very and I mean very closely —In my view the Court made the correct adjudication here and it’s important to note what the Court’s position is as it relates to the criminality of both Eastman and Trump —that important issue will not be resolved by this case. Period. Again you can pull today’s 44 page Order via the ECF or via my Scribd account
To be clear (as noted in the eloquently expressed) page 44 this case is not a crime case, nor it is a civil matter. But I do think that this Order/Memorandum can be used by the Department of Justice if they choose to indict either Eastman and/or Trump -because the 44 page Order/Memorandum is like a detailed roadmap of both Eastman and Trump’s criminal actions in their insane conspiracy to overturn the 2020 Election. At least that’s my opinion and I’m sticking to it. Hence why I’m un-apologetic in my assertion that Trump is an un-indicted coconspirator. Trump with the help of Eastman damn neat destroyed our Democracy and they must be held accountable —one way or another -so looking at you DOJ —are you going to do your job and seek an indictment or not?
And yes of course your daily saltwater therapy…
Be Well -Filey
You’ve always stood by this argument and now you have a 44 page Order/Memorandum to back you up…even though you had plenty of receipts prior to this current news.
I noticed a barrage of despair over Bragg in NY & social media has taken to the mantra he will never be held accountable and that everything is hopeless and Garland is moving too slow or is too scared to indict. I don’t believe any of this. I’m not certain about Bragg and have read so many conflicting reports about why he will not indict based on his former prosecutor’s assertions of provable crimes. I always defer to you because you read through hundreds of documents to highlight & point out the logistics. I believe in our legal system and I believe in Merrick Garland. Thank you Filey!❤️
"--it was a coup in search of a legal theory." Ouch! The reason for the 10-doc exclusion is understandable. I wish Judge Carter would have added the word "immediately" to the last sentence of his ruling, though. I want to know who are these people that doubt you--you're the best!