Trump and right-wing lawyer were part of ‘criminal conspiracy’ to overturn 2020

CNN
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Former President Donald Trump and a right-wing lawyer were part of a “criminal conspiracy” to overturn the 2020 presidential election, the House select committee investigating the January 6 Capitol riot alleges in a court filing Wednesday.

The filing is part of an attempt to convince a judge to allow the panel access to emails from lawyer John Eastman, who is claiming attorney-client privilege. The committee said he helped to orchestrate the plot.

The filing is the most extensive release to date from the House’s January 6 investigators as they try to obtain Eastman’s emails – and comes well before the House select committee releases its final report on its findings on Trump. House members have also signaled they may make a criminal referral to the Justice Department about Trump, depending on their findings, and the House’s arguments Wednesday could be seen as a preview of a case that could be made by federal prosecutors.

In the 61-page court filing on Wednesday, lawyers for the House wrote: “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 Plaintiff’s legal assistance was used in furtherance of those activities.”

Eastman and Trump have not been accused of any crime by federal or state prosecutors, and no top advisers around Trump have been charged for January 6-related crimes.

The House has no ability to bring criminal charges. A judge overseeing the civil lawsuit will review the emails himself and decide whether they should stay protected.

To make its case, the House pointed to Trump’s actions to overturn the election, arguing he was criminally attempting to obstruct Congress from certifying his loss of the presidency.

“The President called and met with state officials, met numerous times with officials in the Department of Justice, tweeted and spoke about these issues publicly, and engaged in a personal campaign to persuade the public that the election had been tainted by widespread fraud,” lawyers for the House wrote.

“The evidence supports an inference that President Trump and members of his campaign knew he had not won enough legitimate state electoral votes to be declared the winner of the 2020 Presidential election during the January 6 Joint Session of Congress, but the President nevertheless sought to use the Vice President to manipulate the results in his favor.”

They also cited an interview with a top adviser in the Trump administration, Keith Kellogg, who overheard Trump pressuring then-Vice President Mike Pence on the morning of January 6, 2021, to block Congress’ vote.

“Words—and I don’t remember exactly either, but something like that, yeah. Like you’re not tough enough to make the call,” they quoted Kellogg as saying, citing his congressional testimony, which has not previously been released.

Laying out their conspiracy argument in the…