SO, BIG BREAKING NEWS THIS
EVENING FROM THE JANUARY 6TH
INVESTIGATION AND IT INVOLVES
THIS MAN, JOHN EASTMAN, AN
ATTORNEY FOR PRESIDENT TRUMP.
SEEN HERE PUMPING UP THE CROWD
JUST BEFORE THE ATTACK ON THE
CAPITOL.
THE JANUARY 6TH INVESTIGATION
HAS DESCRIBED EASTMAN AS A,
QUOTE, CENTRAL PLAYER IN THE
DEVELOPMENT OF A LEGAL STRATEGY
TO JUSTIFY A COUP.
NOW, HE INFAMOUSLY WROTE THAT
TWO MEMOS FOR PRESIDENT TRUMP,
OUTLINING WHAT HE DESCRIBED AS
A LEGAL PATH FOR VICE PRESIDENT
MIKE PENCE TO TOSS OUT
ELECTORAL VOTES FROM SEVERAL
STATES THAT JOE BIDEN HAD WON.
AND THEREBY, HANDING THE 2020
ELECTION TO TRUMP.
EASTMAN AND TRUMP BOTH
REPEATEDLY PRESSURED PENCE TO
FOLLOW THOSE PLANS, TO TOSS OUT
THOSE ELECTORAL VOTES WHEN IT
CAME TIME FOR HIM TO PRESIDE
OVER THE CERTIFICATION OF THE
ELECTION ON JANUARY THE 6TH.
AND OF COURSE, PENCE, AS WE
KNOW, DID NOT BOW TO THE
PRESSURE CAMPAIGN.
THE JANUARY 6TH INVESTIGATION,
NATURALLY, HAD A LOT OF
QUESTIONS FOR EASTMAN.
BUT WHEN THEY SUBPOENAED HIM,
HE PLED THE FIFTH.
HE ASSERTED HIS RIGHT NOT TO
INCRIMINATE HIMSELF UNDER
QUESTIONING.
POLITICAL CALLED, IT QUOTE, AND
EXTRAORDINARY ASSERTION BY
SOMEONE WHO WORKED CLOSELY WITH
TRUMP TO ATTEMPT TO OVERTURN
THE 2020 ELECTION RESULTS.
NOW, UNABLE TO GET HIS
TESTIMONY, AS YOU CAN IMAGINE,
THE JANUARY 6TH INVESTIGATION,
SUBPOENAED HIS RECORDS.
MORE IMPORTANTLY, HIS EMAILS
FROM HIS TIME WORKING WITH
TRUMP TO OVERTURN THE ELECTION.
MR. EASTMAN HAS BEEN TRYING TO
BLOCK THE INVESTIGATION FROM
GETTING THOSE EMAILS, CLAIMING
THAT HE WAS ACTING AS DONALD
TRUMP'S ATTORNEY AND THEREFORE,
HIS EMAILS ARE PROTECTED BY
ATTORNEY CLIENT PRIVILEGE.
NOW, HERE'S WHERE THINGS
ACTUALLY GET INTERESTING.
TONIGHT, THE JANUARY 6TH
INVESTIGATION HAS FILED A
MOTION IN COURT, MAKING ITS
CASE FOR WHY THOSE EMAILS ARE
ACTUALLY NOT PROTECTED BY
ATTORNEY CLIENT PRIVILEGE.
AND WHAT THEY ARE SAYING IS
THAT THE ATTORNEY CLIENT
PRIVILEGE IS VOID IF WITH THE
LAWYER AND THE CLIENT ARE
COMMUNICATING ABOUT IS DOING
SOMETHING ILLEGAL OR
FRAUDULENT.
UNDER THE LAW, YOU AND YOUR
LAWYER CAN'T JUST SIMPLY PLAN
SOMETHING ILLEGAL AND THEN
CLAIM A ATTORNEY CLIENT
PRIVILEGE TO SHIELD ALL OF THE
ENERGY --
EVIDENCE OF THAT CRIME.
THE JANUARY 6TH INVESTIGATION
IS NOW SAYING TO THE JUDGE
TONIGHT, WE BELIEVE DONALD
TRUMP AND HIS LAWYER, JOHN
EASTMAN, WERE ENGAGED IN
CRIMES.
LET ME READ SOME OF IT FOR YOU.
THIS IS FROM TONIGHT'S FILING
FROM THE JANUARY 6TH
INVESTIGATION.
EVIDENCE AND INFORMATION
AVAILABLE TO THE COMMITTEE
ESTABLISHES A GOOD FAITH BELIEF
THAT MR. TRUMP AND OTHERS MAY
HAVE ENGAGED IN CRIMINAL AND OR
FRAUDULENT ACTS.
AND THAT PLAINTIFFS LEGAL
ASSISTANT WAS USED IN
FURTHERANCE OF THOSE
ACTIVITIES.
THE PRESIDENT SOUGHT TO USE THE
VICE PRESIDENT TO MANIPULATE
THE RESULTS IN HIS FAVOR.
HOW THE SUFFERED SUCCEEDED, THE
ELECTORAL COUNT WOULD HAVE BEEN
OBSTRUCTED, IMPEDED, INFLUENCED
AND AT THE VERY LEAST, DELAYED.
ALL WITHOUT ANY GENUINE LEGAL
JUSTIFICATION AND BASED ON THE
FALSE PRETENSE THAT THE
ELECTION HAD BEEN STOLEN.
THERE IS NO GENUINE QUESTION
THAT THE PRESIDENT AND
PLAINTIFF ATTEMPTED TO
ACCOMPLISH THIS ILLEGAL RESULT.
THE SELECT COMMITTEE ALSO HAS A
GOOD FAITH BASIS FOR CONCLUDING
THAT THE PRESIDENT AND MEMBERS
OF HIS CAMPAIGN ENGAGED IN A
CRIMINAL CONSPIRACY TO DEFRAUD
THE UNITED STATES BY
INTERFERING WITH THE ELECTION
CERTIFICATION PROCESS,
DISSEMINATING FALSE INFORMATION
ABOUT ELECTION FRAUD, AND
PRESSURING STATE OFFICIALS TO
ALTER STATE ELECTION RESULTS
AND FEDERAL OFFICIALS TO ASSIST
IN THAT EFFORT.
THE CONSPIRATORS ALSO
OBSTRUCTED A LAWFUL GOVERNMENT
FUNCTION BY PRESSURING THE VICE
PRESIDENT TO VIOLATE HIS DUTY
TO COUNT THE ELECTORAL
CERTIFICATES PRESENTED BY
CERTAIN STATES.
THE APPARENT OBJECTIVE OF THESE
EFFORTS WAS TO OVERTURN THE
RESULTS OF THE 2020
PRESIDENTIAL ELECTION AND
DECLARED DONALD TRUMP THE
WINNER.
IN THIS WAY, THE CONSPIRACY
AIMED TO OBSTRUCT AND INTERFERE
WITH THE PROPER FUNCTIONING OF
THE UNITED STATES GOVERNMENT.
SO, AGAIN, TONIGHT, LET'S BE
CLEAR ABOUT THIS.
THE JANUARY 6TH INVESTIGATION
HAS GONE TO PORT --
COURT TO SAY THAT DONALD
TRUMP'S LAWYER CAN'T CLAIM
ATTORNEY CLIENT PRIVILEGE
FOURTH COMMUNICATIONS BECAUSE
HE AND TRUMP AND OTHERS, ON
TRUMP'S CAMPAIGN, WHO ARE
ENGAGED IN CRIMES.
JOINING US NOW IS FORMER U.S.
ATTORNEY FOR THE EASTERN
DISTRICT OF MICHIGAN --
LAST WEEK SHE PUBLISHED WHAT
SHE CALLED A MODEL PROSECUTION
MEMO, ANALYZING ACTUAL
POTENTIAL CHARGES AGAINST
DONALD TRUMP FOR HIS PLAN TO
PRESSURE PENCE TO OVERTURN THE
ELECTION.
AND, THE TWO CRIMES THAT SHE
THOUGHT MIGHT HAVE BEEN
COMMITTED ARE THE TWO CRIMES
THAT THE JANUARY SIX
INVESTIGATION NAMES IN THIS
FILE.
CONSPIRACY TO DEFRAUD THE
UNITED STATES AND OBSTRUCTION
OF AN OFFICIAL PROCEEDING.
IT'S GREAT TO HAVE YOU WITH, US
THANK YOU SO MUCH FOR JOINING
US.
AS A PERSON WHO KIND OF, I'M
USING THIS WORD HERE, PREDICTED
THAT THIS MIGHT BE THE STATUTES
THAT TRUMP VIOLATED, WHAT IS
YOUR REACTION TO THIS FILING
TONIGHT AND HOW SIGNIFICANT IS
IT?
>> I THINK IT'S A VERY
SIGNIFICANT FILING BECAUSE IT'S
THE FIRST TIME THE COMMITTEE
HAS SAID OUT LOUD WHAT THE
CRIMES MAY HAVE BEEN AND PULL
TOGETHER THE EVIDENCE OF WHAT
THAT CRIME MAY HAVE LOOKED
LIKE.
I THINK THAT ANY PROSECUTION
WHO LOOKED AT THAT EVIDENCE IN
THE WAY I DID AND THAT THOUGH
--
IT REALLY JUMPS OUT AS FAIRLY
OBVIOUS POTENTIAL CRIMES.
NOW, OF COURSE, THE DETAILS OF
THE EVIDENCE MATTERS HERE.
BUT ONE OF THE THINGS THEY DO
IN THIS FILING THAT I THINK IS
SO SIGNIFICANT IS THEY DOCUMENT
ALL OF THE EVIDENCE THAT THEY
HAVE THAT IS BEGINNING TO COME
INTO FOCUS THAT THEY'VE BEEN
GATHERING FROM ALL OF THESE
SOURCES.
WE KNOW, BECAUSE OF PUBLIC
STATEMENTS, THAT DONALD TRUMP
WAS PRESSURING MIKE PENCE TO
REFUSE TO CERTIFY THE ELECTION.
BUT I THINK THAT SOME OF THE
THINGS THAT ARE COMING INTO
VIEW OUR THE HARD PART, WHICH
IS SHOWING THAT DONALD TRUMP
KNEW THAT IT WAS FALSE TO SAY
THAT HE HAD LOST --
THAT HE HAD WON THE ELECTION.
IN THE DOCUMENT --
>> I WAS GOING TO ASK YOU IF
YOU CAN LAY THAT OUT FOR US A
LITTLE BIT.
THE INVESTIGATION HAS TOLD THE
FEDERAL COURT IT HAS A GOOD
FAITH REASON TO BELIEVE TRUMP,
EASTMAN, AND OTHERS, HAVE
COMMITTED FEDERAL CRIMES.
EXPLAIN FOR US THE CASE THEY
LAY OUT AND YOU THINK AT THIS
POINT IT IS A CONVINCING ONE?
>> I DO.
FOR EITHER OF THESE CRIMES,
OBSTRUCTION OF BENEFICIAL
PROCEEDING OR CONSPIRACY TO
FRAUD OF THE UNITED STATES,
EACH HAS SLIGHTLY DIFFERENT
ELEMENTS.
BUT I THINK THE KEY FACTOR THAT
IS ALWAYS APPEARED MAY BE
ELUSIVE IS PROVING DONALD
TRUMP'S INTENT.
THAT HE KNEW THAT WHAT HE WAS
SAYING WAS FRAUDULENT WHEN HE
WAS TELLING MIKE PENCE, YOU
SHOULD CHANGE THE OUTCOME OF
THE ELECTION.
THAT HE KNEW THAT WAS BASED ON
A LIE AND BASED ON FRAUD.
THEY DOCUMENT ALL THE WAYS THAT
HE KNEW THAT THIS WAS FALSE.
NUMBER ONE, HIS OWN
CYBERSECURITY CHIEF AND
DEPARTMENT OF HOMELAND SECURITY
SAID SO PUBLICLY.
WILLIAM BARR, HIS ATTORNEY
GENERAL, SAID SO PUBLICLY.
THE DIRECTOR OF THE OFFICE OF
NATIONAL INTELLIGENCE, JOHN
RATCLIFFE, HIS APPOINTEE, SAID
SO PUBLICLY.
SUCCESSORS OUT THE JUSTICE
DEPARTMENT SAID REPEATEDLY
THERE WAS NO FRAUD.
HE HAD AN INTERNAL CAMPAIGN
MEMO FOR THE TRUMP CAMPAIGN
THAT CONCLUDED, THERE WAS NO
FRAUD.
AND62 JUDGES ALL THE
COURT CASES THAT WERE FILED
ACROSS THE COUNTRY, FOUND THAT
THERE IS NO FRAUD.
THE ONE CASE THAT THE TRUMP
CAMPAIGN ONE WAS ON AN
UNRELATED ISSUE RELATED TO
AFFIDAVITS.
ALL OF THAT EVIDENCE AMOUNTS TO
SUGGEST THAT DONALD TRUMP
ABSOLUTELY KNEW THAT THERE WAS
NO FRAUD HERE.
IN FACT, ONE JUDGE SAID, THERE
WAS NOT A SCINTILLA OF EVIDENCE
THAT THERE IS FRAUD.
IT'S LIKE THERE IS AN
INSTRUCTION THAT JURIES GET
ABOUT WILLFUL BLINDNESS.
YOU CAN'T TURN A BLIND EYE TO
SOMETHING WHEN IT IS HIGHLY
PROBABLE THAT IT IS TRUE.
IF SOMEONE TELLS YOU THAT THE
WORLD IS ROUND, YOU CAN'T SAY
THE WORLD IS FLAT IN THE FACE
OF REPEATED EVIDENCE THAT IT IS
ROUND.
A SCIENTIST TELL YOU AND THEY
SHOW YOU PHOTOS AND YOU
CONTINUE TO PERSIST THAT THE
WORLD IS FLAT, AT SOME POINT,
YOU --
>> THE POINT YOU'RE MAKING IS
THAT YOU CAN JUST PLEAD
STUPIDITY AND IGNORANCE AND SAY
I DIDN'T, KNOW DESPITE THE
OVERWHELMING EVIDENCE THAT WAS
PRESENTED TO YOU.
I WANT TO ASK ABOUT ANOTHER
PIECE OF THE JANUARY 6TH --
BECAUSE THERE IS A MEMBER OF
THE FAR-RIGHT OATH KEEPERS
MILITIAS THAT HAS JUST PLED
GUILTY TO SEDITIOUS CONSPIRACY
IN THE ATTACK ON THE CAPITOL,
WHICH IN AND OF ITSELF, IS
PRETTY SIGNIFICANT.
WHAT DOES THAT MEAN AND HOW BIG
OF A DEAL IS IT?
>> IT IS A VERY --
VERY BIG DEAL.
I THINK SEDITION CONSPIRACY IS
A CHARGE THAT IS USED RARELY
BECAUSE IT REQUIRES NOT ONLY A
USE OF FORCE TO INTERFERE WITH
THE GOVERNMENT AUTHORITY, BUT
IT REQUIRES THAT IT HAS THE
AUTHORITY OF THE UNITED STATES.
AND SO, WHAT THEY ARGUE THERE
IN THAT CASE, THE ALLEGATION
WAS, THAT THEY ARE USING FORCE
TO STOP THE LAWFUL TRANSFER OF
PRESIDENTIAL POWER.
WE NOW HAVE A DEFENDANT IN THAT
GROUP OF OATH KEEPERS, 11, WHO
SAYS YES, I DO THIS.
AND ALSO, IMPORTANTLY, HE IS
COOPERATING.
AND THIS PARTICULAR DEFENDANT
ALSO WAS WITHDRAWN OR STONE ON
JANUARY 6TH, EARLIER THAT DAY.
HIS COOPERATION PROMISES TO BE
POTENTIALLY VERY FRUITFUL.
>> INCREDIBLE.