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“Coup Memo Attorney” Argues That Turning Over Emails “Amounts To Legal Finding” That Trump Committed Crimes As President

“Coup Memo Attorney” Argues That Turning Over Emails “Amounts To Legal Finding” That Trump Committed Crimes As President

For the United States to come to an official finding that a sitting President committed crimes against the country would be historic, and not in a good way. However, to ignore and neglect these alleged crimes could be far more dangerous, and precedent-setting.

[Photo by Andy Cross/MediaNews Group/The Denver Post via Getty Images]

However, that’s part of what attorney John Eastman, the author of the so-called “coup memo,” is arguing now. Yesterday the January 6th Committee issued a filing that indicated they have evidence strong suggesting Donald Trump committed criminal acts in office when he worked to overturn the outcome of the election.

In response, according to Politico, Eastman is arguing that the Committee should slow down, and first release any evidence it might be holding that could be considered exculpatory. Yesterday, a law professor and Constitutional expert opined that the only reason he could see for Attorney General Merrick Garland to continue delaying an investigation into Trump’s alleged criminality, was a concern that if Trump had a sincere belief that he had won the election, it might be hard to prove intent.

Eastman seems to be seeking evidence of a valid reason for Trump to have believed that — such as if the Justice Department or other Federal agencies dissented on whether the election was really secure.

The Washington Post published a series of emails yesterday that are between Eastman and Greg Jacob, an attorney for Mike Pence, showing that Jacob continued to explain to Eastman that he felt the plan laid out in the coup memo — for Pence to reject the electoral votes from certain states — was unConstitutional.

Most importantly, these emails seem to affirm that Trump knew the plan was unconstitutional. In one email, Jacob asks, “Did you advise the President that in your professional judgment the Vice President DOES NOT have the power to decide things unilaterally? Because that was pushed publicly, repeatedly, by the President and by his surrogates this week.”

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Eastman replies, “He’s been so advised, as you know because you were on the phone when I did it…But you know him — once he gets something in his head, it is hard to get him to change course.”

This indicates that Donald Trump had been advised, by the very attorney who proposed the plan, that carrying it out would be unConstitutional — and then proceeded to pressure his Vice President to do it anyway.

Eastman’s argument seems to rely on finding evidence that Trump really believed that the election was ‘stolen,’ as well as on forcing the January 6th Committee to somehow locate and provide said evidence, and on that being sufficient, despite the evidence already produced showing that Trump knew the plan he was trying to pressure Pence into carrying out was illegal.

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