POST SCRIPT

In my blog written on October 18, (distributed by Mailchimp on October 19,) I discussed Trump's several exposures to prosecution by the United States Department of Justice. I pointed out that evidence of his being involved in seditious conspiracy was overwhelming even though we lacked solid evidence that directly implicated TRUMP in the knowingly illegal effort to overthrow the Constitution by rigging the vote count, and thereby allowing certain state legislatures to provide fraudulent electors for Congress' January 6 count.

I noted that Trump also had exposure in the state of Georgia's ongoing criminal investigation into a conspiracy to fraudulently rig the vote for presidential electors. I wrote, "Trump acolytes have been informed they are targets, but not Trump….yet."

One day after I wrote that piece I was reversed by United States District Judge David Carter, via his publication of hitherto secret documents that removed any uncertainty about Trump's guilt in either jurisdiction.

A brief history: there had been a dispute between the January 6 committee and lawyer John Eastman over claims of privilege affecting the Eastman/Trump communications. The matter had come before District Judge Carter who found that it was more likely than not that Eastman and Trump had been engaged in a criminal conspiracy to defraud the United States. This finding activated the crime-fraud exception to the work-product and attorney-client privileges, and required Eastman to turn over documents to the committee.

Recall please the January 2, 2021 conversation between President Trump and Georgia Secretary of State Raffensberger, in which we heard the president implore Raffensberger to "find"11,283 votes he needed to win the state. The purpose, of course, was to cancel the will of the voters and send fake electors to Congress for the January 6 count. But some saw just enough ambiguity in Trump's language so that one could argue that perhaps a jury would not find, beyond a reasonable doubt, that Trump's intentions in that call were criminal. 

But Trump's conscious, knowing, willful effort to defraud both the state of Georgia and the United States of America is now positively evidenced by new information arising out of the latest Carter opinion.

The judge was required again to call balls and strikes respecting Eastman/Trump documents, this time in regard to documents Eastman sent to Trump using the email server belonging to the Chapman Law School where Eastman was a Professor. 

In his ruling the day after I wrote last week's blog, the judge sustained Eastman's privilege claims with respect to a large number of documents but rejected any privilege defense to key emails because they evidenced that Eastman and Trump were engaged in a conspiracy to defraud Congress and the United States. And this time the documents provided cast-iron proof that Trump had made knowledgeably false statements to a court in pursuit of his goal to interfere with the orderly change of power.

 After explaining his finding that many of the documents at issue were indeed privileged for one reason or the other, the judge held;

"1.Emails related to and in furtherance of delaying or disrupting the January 6 congressional proceedings

"There are four documents, however, in which Dr. Eastman and other attorneys suggest that – irrespective of the merits – the primary goal of filing is to delay or otherwise disrupt the January 6 vote. In one email, for example, President Trump's attorneys state that 'merely having this case pending in the Supreme Court, not ruled on, might be enough to delay consideration of Georgia.' This email, read in context with other documents in this review, make clear that President Trump filed certain lawsuits not to obtain legal relief, but to disrupt or delay the January 6 congressional proceedings through the courts. The court finds that these four documents are sufficiently related to and in furtherance of the obstruction crime." 

"2. Emails related to and in furtherance of the conspiracy to defraud  

"Four emails demonstrate an effort by President Trump and his attorneys to press false claims in a federal court for the purpose of delaying the January 6 vote. The evidence confirms that this effort was undertaken in at least one lawsuit filed in Georgia.

"On December 4, 2020, President Trump and his attorneys alleged in a Georgia state action that Fulton County improperly counted a number of votes including 10,315 deceased people, 2,560 felons, and 2,423 unregistered voters. President Trump and his attorneys then decided to contest the state court proceeding in federal court, and discussed incorporating by reference the voter fraud numbers alleged in the state petition. On December 30, 2020,  Dr. Eastman relayed 'concerns' from President Trump's team about including specific numbers in a paragraph dealing with felons, deceased, moved, etc.' The attorneys continued to discuss the President's resistance to signing 'when specific numbers were included.'  As Dr. Eastman explained the next day:

     "Although the President signed a verification for the state court filing back on Dec.1, he has since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate. For him to sign a new verification with the knowledge (and the incorporation by reference) would not be accurate."

The judges opinion concludes:

"President Trump and his attorneys ultimately filed the complaint made with the same inaccurate numbers without rectifying, clarifying, or otherwise changing them. President Trump, moreover, signed a verification swearing under oath that the incorporated inaccurate numbers are ''true and correct" or 'believed to be true and correct' to the best of his knowledge and belief." 

The emails show that President Trump knew that the specific numbers of voter-fraud were wrong but [he] continued to tout those numbers, both in court and to the public. The court finds that these emails are sufficiently related to and in furtherance of a conspiracy to defraud the United States." 

(Editors note: Trump swore that 10,315 dead people voted in Fulton County. After two searching reviews, Georgia Secretary of State Raffensberger testified the actual number was 4!)

Got em. 

Garland's team must work overtime so we can read the indictment at table on Thanksgiving Day.

A bientot!

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