Trump’s lawyers planned the “January 6 strategy” rather than filing the lawsuit

  • A judge ruled that the Jan. 6 panel could see 159 new emails from one of Trump’s lawyers.
  • They showed how lawyers feared losing a legitimate legal challenge to ratify the 2020 election.
  • “Instead, they embarked on a political campaign to disrupt the vote counting,” one of the judges said.

An email from one of Trump’s lawyers says they decided not to go to court to challenge the 2020 election certification process in court, fearing the consequences of losing.

New court documents describing the email said the failure would “narrow” their plan to politically disrupt the count.

US District Judge David Carter discussed the email in a ruling in which he said one of Trump’s post-election lawyers, Dr. John Eastman, should disclose


From 159 messages.

Carter wrote that one of these could be evidence of a crime.

In the aftermath of the election, Eastman helped craft Trump’s efforts to reject the election, eventually writing an infamous memo urging then-Vice President Mike Pence to refuse to accept election certificates on January 6, as Insider’s C. Ryan Barber reported.

In March 2022, Carter, the judge, concluded that Trump and Eastman “probably” attempted to unlawfully obstruct Congress in a criminal plot, Politico reported.

Since then, Eastman has demanded various forms of concession in attempts to avoid the release of tens of thousands of related documents to the January 6 committee in the US House of Representatives.

In a Tuesday ruling seen by Insider, Carter discussed 159 emails and why they should be disclosed.

This gave insight into how the Eastman group’s strategy — and how they felt, Carter said, they had “a near-zero chance of success in the capital’s courts” with “certain election lawsuits.”

This was in a set of four emails that only indicated January 6 as the deadline for filing lawsuits, which Carter said allows her to remain hidden from the public.

But another email dated December 22, 2020, linked those deliberations to what an unnamed lawyer called the “January 6 strategy.” Carter wrote that he could be released in connection with a possible crime.

“This email considers whether to file a case that would decide the interpretation of the electoral tally law and potentially risks the court’s conclusion that the law obligates Vice President Pence,” Carter wrote.

By “binding,” Carter meant that the court could say unequivocally that Pence was unable to dismiss the results of the state’s elections in the January 6 hearing, which is exactly what Trump and his allies had hoped Pence would be able to do.

“Because counsel concluded that a negative court ruling would spoil the January 6 strategy,” Eastman encouraged the legal team to avoid the courts.

“This email reinforced the direction of the January 6 plan. Trump’s legal team chose not to seek recourse – instead, they embarked on a political campaign to disrupt the electoral count.

“Lawyers are free not to file suits, nor are they free to evade judicial review to annul a democratic election.”

The email that Carter considered also reveals the depth of Eastman’s efforts to persuade the state to offer alternative electors, Carter wrote, which went beyond pressuring Pence and “targeted every level of elected officials at the federal and state level.”

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