>>> IT IS 51 PAST THE HOUR.
WE WILL GET BACK TO THE EVENTS
IN UKRAINE IN JUST A MOMENT,
BUT, FIRST, FORMER PRESIDENT
DONALD TRUMP AND MEMBERS OF HIS
CAMPAIGN WERE PART OF A, QUOTE,
CRIMINAL CONSPIRACY TO DEFRAUD
THE UNITED STATES.
THAT CHARGE FROM A NEW COURT
FILING FROM THE JANUARY 6th
SELECT COMMITTEE.
THE FILING CENTERS AROUND TRUMP
ALLY JOHN EASTMAN, THE
CONSERVATIVE LAWYER, WHO WROTE
SEVERAL MEMOS ARGUING THAT THEN
VICE PRESIDENT MIKE PENCE COULD
OVERTURN THE ELECTION RESULTS.
THE LEGAL BRIEF SIGNIFIES THE
MOST DIRECT LINE THE COMMITTEE
HAS IN TERMS OF TRYING TO DRAW
THE LINES BETWEEN TRUMP, HIS
ALLIES AND POTENTIAL CRIMINAL
ACTIVITY SURROUNDING THE 2020
ELECTION.
THE SELECT COMMITTEE PREVIOUSLY
SUBPOENAED EASTMAN FOR
DOCUMENTS, BUT HE CLAIMED
ATTORNEY/CLIENT PRIVILEGE.
THE NEW FILING ASKS FOR THE
COURT TO REVIEW THE DISPUTED
MATERIALS.
THE COMMITTEE CHAIR AND VICE
CHAIR RELEASED A STATEMENT
YESTERDAY THAT READS IN PART,
QUOTE, THE FACTS WE'VE GATHERED
STRONGLY SUGGEST THAT
DR. EASTMAN'S E-MAILS MAY SHOW
THAT HE HELPED DONALD TRUMP
ADVANCE A CORRUPT SCHEME TO
OBSTRUCT THE COUNTING OF
ELECTORAL COLLEGE BALLOTS AND A
CONSPIRACY TO IMPEDE THE
TRANSFER OF POWER.
NEITHER FORMER PRESIDENT TRUMP
OR JOHN EASTMAN HAVE BEEN
CHARGED WITH ANY CRIME.
EASTMAN'S ATTORNEYS SAID LAST
NIGHT THAT EASTMAN HAS A
RESPONSIBILITY TO PROTECT CLIENT
CONFIDENCES AND WILL RESPOND IN
DUE COURSE.
A SPOKESPERSON FOR TRUMP DID NOT
IMMEDIATELY RESPOND TO REQUEST
FOR COMMENT.
GEORGE CONWAY IS STILL WITH US.
WHAT IS THE SIGNIFICANCE OF THIS
FILING, GEORGE, AND WILL THESE
DOCUMENTS EVER SEE THE LIGHT OF
DAY?
>> WELL, IT IS A HIGHLY
SIGNIFICANT FILING.
WHAT HAPPENED HERE WAS EASTMAN
IS MAKING THE ARGUMENT THAT
THESE DOCUMENTS SHOULDN'T BE
PRODUCED BECAUSE OF
ATTORNEY/CLIENT PRIVILEGE.
FOR A LOT OF REASONS HE WASN'T
AN ATTORNEY, A LOT OF BORING
REASONS I WON'T GET INTO, BUT
THE JUDGE ASKED ANOTHER
QUESTION.
THE JUDGE ASKED WHAT ABOUT THE
CRIME FRAUD EXCEPTION TO THE
ATTORNEY CLIENT PRIFL WILLING.
THE QUESTION IS EVEN IF THE GUY
IS AN ATTORNEY, WHAT HE BEING
USED TO COMMIT A FRAUD?
THAT WAS A GOOD QUESTION.
THE JANUARY 6th COMMITTEE SAYS,
YES, WELL, WE ACTUALLY HAVE
EVIDENCE OF THAT AND HERE IS OUR
BRIEF.
THEY LAID IT OUT.
THE POSSIBLE CRIMINAL OFFENSES
THAT DONALD TRUMP AND EASTMAN
AND OTHERS COMMITTED.
THE FOCUS IS RIGHTLY AND JUSTLY
ON 18U.S.C., UNITED STATES CODE,
371, WHICH PROHIBITS FRAUDS,
CONSPIRACIES TO DEFRAUD THE
UNITED STATES.
THE LANGUAGE IN THAT STATUTORY
PROVISION IS VERY BROAD.
IT SAYS DEFRAUD THE UNITED
STATES IN ANY MANNER FOR ANY
PURPOSE.
WHAT THAT MEANS IS IT DOESN'T
JUST HAVE TO INVOLVE MONEY.
WHEN YOU THINK WITH IT,ABOUT IT,
MAKES A LOT OF SENSE.
IF THE PRESIDENT OF THE UNITED
STATES OR ANYBODY DEFRAUDED THE
U.S. OF A BILLION DOLLARS THEY
WOULD GO TO JAIL, THEY WOULD BE
PROSECUTED.
IF THEY DID IT EVEN FOR A
MILLION DOLLARS THEY WOULD GO TO
JAIL AND BE PROSECUTED.
THIS IS A LOT WORSE THAN THAT
BECAUSE, YOU KNOW, THE
GOVERNMENT PROBABLY WOULDN'T
MISS A MILLION DOLLARS, PROBABLY
WOULDN'T MISS A BILLION DOLLARS, BUT WHAT DONALD TRUMP AND HIS
BUT WHAT DONALD TRUMP AND HIS
PEOPLE, HIS MINNIONS TRIED TO
STEAL WAS OUR DEMOCRACY.
THERE WAS A CASE BY CHIEF
JUSTICE TAFT THAT SAID ALL YOU
HAVE TO DO IS CONSPIRE BY FRAUD
TO OBSTRUCT A LET MAT FUNCTION
OF GOVERNMENT AND THAT'S WHAT
THEY'RE WERE TRYING TO DO HERE.
>> YOU WERE SAYING IT GOES OUT
OF THE WINDOW IF IN THE COURSE
OF TALKING TO YOUR CLIENT YOU
ARE COMMITTING A CRIME AND
THAT'S WHAT THEY HOPE TO LET THE
COURT KNOW.
OBVIOUSLY THE JANUARY 6th
COMMITTEE CONTINUES ITS WORK.
IT HAS NO ABILITY TO INITIATE
CRIMINAL PROSECUTIONS, OF
COURSE, BUT DOES THIS NEW
INFORMATION TELL YOU AT SOME
POINT ALONG THE WAY THIS LAUNDRY
LIST OF WITNESSES, THIS LAUNDRY
LIST OF PARTICIPANTS THAT THE
JANUARY 6th COMMITTEE IS LOOKING
AT MAY FACE CRIMINAL CHARGES?
>> YES, BECAUSE WHAT IS -- THIS
STATUTE SAYS WHAT IT SAYS BUT
THE PROBLEM FOR TRUMP AND
EASTMAN AND OTHERS, AND EASTMAN
HAS HAD TO PLEAD THE FIFTH 146
TIMES AT HIS DEPOSITION BEFORE
THE JANUARY 6th COMMITTEE, THE
PROBLEM FOR THEM IS THAT THE
EVIDENCE IS PILING UP AND
MOUNTING AND IT FITTES THESE
STATUTES LIKE A GLOVE.
I MEAN THE REAL ISSUE IS WERE
THEY INTENDING TO DECEIVE
ANYBODY.
DID THEY KNOW THEY WERE
DECEIVING PEOPLE?
WELL, THE BRIEF GOES THROUGH ALL
OF THE DIFFERENT WAYS THAT
DONALD TRUMP HAD TO HAVE KNOWN,
AND EASTMAN, HAD TO HAVE KNOWN
THAT HE WAS COMMITTING A FRAUD.
HE WAS TOLD BY THE DEPARTMENT OF
HOMELAND SECURITY, BY THE
CYBERSECURITY AGENCY THAT THERE
WAS NO FRAUD.
HE WAS TOLD BY THE JUSTICE
DEPARTMENT REPEATEDLY, BY HIS
OWN ATTORNEY GENERAL, BILL BARR,
AND REPEATEDLY BY THE PERSON WHO
SUCCEEDED BARR AS ACTING
ATTORNEY GENERAL, ROSEN, AND BY
DONAHUE, THE ACTING DEPUTY
ATTORNEY GENERAL, OVER AND OVER
AGAIN, THERE WAS NO BASIS TO
OVERTURN THE ELECTION.
HE WAS TOLD IT BY THE WHITE
HOUSE COUNCIL.
HE WAS TOLD THAT BY HIS OWN
CAMPAIGN AIDES.
THERE WAS A CAMPAIGN MEMO THAT
SAID IT.
JASON MILLER APPARENTLY
TESTIFIED BEFORE THE JANUARY 6th
COMMITTEE AND SAID HE TOLD
PRESIDENT TRUMP THAT, YOU KNOW,
THERE WAS NO THERE THERE.
RAFFENSPERGER, THE SECRETARY OF
STATE OF GEORGIA, TRUMP HAD A
CONVERSATION WITH HIM AND
RAFFENSPERGER EXPLAINED THERE'S
NO BASIS FOR US TO FIND YOU
11,000 VOTES.
AND THAT DOESN'T EVEN INCLUDE
ALL OF THE -- THERE WILL BE MORE
EVIDENCE.
THERE'S ALREADY, YOU KNOW,
REPORTING OUT THERE THAT TRUMP
WAS TELLING HIS AIDES, AND I
KNOW FOR A FACT THIS TO BE TRUE,
THAT HE WAS SAYING, HOW COULD I
HAVE LOST TO THIS GUY?
HOW COULD I HAVE LOST?
WHICH MEANS HE KNEW HE LOST,
WHICH MEANS HE KNEW HE WAS
ENGAGING IN A FRAUD AND KNEW HE
WAS ENGAGING IN A DECEIT, AND
THE FACT HE WAS TRYING TO
OBSTRUCT THE LAWFUL FUNCTION OF
THE UNITED STATES GOVERNMENT
PUTS THIS SQUARELY, SQUARELY
UNDER THE SCOPE OF 18 U.S.C.