1/6 Insurrection Investigation

[Rick Plant]

Jan. 6 panel increasingly focused on GOP lawmakers' coordination with Trump before insurrection



Recent court filings show the House select committee has been focused on investigating whether Republican lawmakers helped Donald Trump try to overturn his election loss.

The panel asked right-wing attorney John Eastman to prioritize turning over emails that included the names of 14 GOP lawmakers -- including Sens. Ted Cruz (R-TX) and Josh Hawley (R-MO) -- and their staffs, although the committee's chairman Bennie Thompson expressed hope his colleagues would come forward voluntarily rather than possibly face subpoena, reported Politico.

“Why would you want to be noted in that light rather than explaining your side?” Thompson said. “It’s important, and that’s why we’ve asked them to come in voluntarily.”

The select committee is expected to obtain documents from the National Archives related to a December 2020 lawsuit filed by Rep. Louie Gohmert (R-TX) against then-vice president Mike Pence, and those documents could shed light on the Trump White House's involvement in the legal maneuver aimed at forcing Pence to reveal whether he would try to overturn the election.

Congressional investigators are also looking into Rudy Giuliani's contacts with lawmakers and trade adviser Peter Navarro's claims that members of Congress were recruited to delay the certification of Joe Biden's election win

They also want to know more about meetings between Trump and GOP lawmakers ahead of the Jan. 6 insurrection, and a meeting described by Rep. Matt Gaetz (R-FL) on Steve Bannon's podcast that allegedly involved lawmakers pressuring Pence to delay or halt certification.

“We put forward arguments and affidavits and evidence. We showed him videos,” Gaetz told Bannon. ”We were in the Cabinet Room meeting with Mike Pence in the days leading up to Jan. 6, and I left quite disappointed that he was not motivated by our argument.”

Read more:

https://www.politico.com/news/2022/03/02/jan-6-probe-gop-donald-trump-00012960

[Rick Plant]

January 6 Committee says it believes Trump may have violated 'multiple' laws in attempt to overturn election



The House Select Committee investigating the January 6th riots on the United States Capitol now believes that former President Donald Trump violated "multiple laws" in his quest to overturn the results of the 2020 presidential election.

In a court filing unveiled on Wednesday, the committee argued that notorious "coup memo" attorney John Eastman does not have the right to attorney-client privilege to avoid testifying before the committee on the grounds that he and others committed what the committee believes was illegal activity.

In the filing, the committee writes that it has "a good-faith belief that Mr. Trump and others may have engaged in criminal and/or fraudulent acts" in their attempts to overturn the election.

Among other things, the committee argues that it has enough evidence to justify "a good-faith basis for concluding that President Trump has violated section 18 U.S.C. § 1512(c)(2)," which is obstructing an official act of Congress. What's more, writes the committee, it believes it can prove that Trump did so with corrupt intent.

The committee also writes that it 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 in violation of 18 U.S.C. § 371."

The House Select Committee has been trying to secure Eastman's testimony about his efforts to pressure former Vice President Mike Pence to refuse to certify the results of the 2020 election.

https://www.rawstory.com/trump-capitol-riot-commitee-2656830154/


January 6 Committee will seek to nullify attorney-client privilege between Trump and John Eastman: experts



On Wednesday, the House January 6 Committee released a bombshell court filing arguing that they have sufficient evidence to refer former President Donald Trump for criminal charges of obstruction of Congress and conspiracy to defraud the United States for his role in the effort to overturn the 2020 presidential election.

According to multiple legal experts, the report lays the groundwork to, among other things, persuade a court to nullify Trump's attorney-client privilege with attorney John Eastman, who drafted the memo laying out a plan to throw out presidential electors in states Joe Biden won, and who is currently under an ethics investigation by the State Bar of California.

Such a ruling would give House investigators wide latitude to subpoena communications between Trump and Eastman, possibly establishing further evidence for their criminal allegations.

@JoyceWhiteVance The crime fraud exception is used to obtain testimony even when there is an assertion of attorney-client privilege. You can’t hide your crimes by claiming the privilege. Big news.

From J6C's 221 pg. brief: "Plaintiff’s documents should be reviewed..by this Court for application of the crime/fraud exception..Although the investigation is continuing..sufficient information already exists to justify in camera review and likely rejection of those privileges."

@HugoLowell Hearing the Jan. 6 committee will reference in filing tonight Trump lawyer John Eastman was involved in a potential crime — in order to argue he cannot cite attorney-client privilege to withhold some docs from inquiry

As former Solicitor General Neal Katyal noted, another basis the committee lays out for rejecting attorney-client privilege claims between Trump and Eastman is that the "engagement letter" — the document outlining their legal relationship — appears to never have actually been signed, meaning Eastman's status as Trump's attorney may not even have been legally codified.





https://www.rawstory.com/trump-capitol-riot-commitee-2656830229/

[Rick Plant]

Oath Keeper says Stewart Rhodes told him to be ready to use 'lethal force' to stop Trump from being removed



On Wednesday, Josh James, one of the 11 Oath Keepers charged with seditious conspiracy in connection with the January 6 Capitol insurrection, accepted a plea agreement in a major turning point for the criminal proceedings relating to the event.

But according to CBS News' Scott MacFarlane, the key reporter covering the January 6 cases, James' plea deal involves giving deeply incriminating evidence against Oath Keepers leader Stewart Rhodes, also charged in the conspiracy — including an allegation that he instructed his followers to be ready to kill anyone, even members of the Armed Forces, who sought to remove President Donald Trump from office.

"In the weeks leading up to January 6, 2021, Rhodes instructed James and other coconspirators to be prepared, if called upon, to report to the White House grounds to secure the perimeter and use lethal force if necessary against anyone who tried to remove President Trump from the White House, including the National Guard or other government actors who might be sent to remove President Trump as a result of the Presidential Election," said the plea deal signed by James.

@MacFarlaneNews Jan 6 defendant Josh James signs plea deal saying:

"(Stewart) Rhodes instructed James &..conspirators to be prepared, if called upon, to report to the White House grounds to secure the perimeter & use lethal force if necessary against anyone who tried to remove President Trump"



The Oath Keepers are a far-right paramilitary group consisting mainly of current and retired military and police officers, who swear to refuse to enforce any law or directive that conflicts with the group's extremist interpretation of the Constitution.

The group was active on the Capitol grounds during the January 6 attack, where they formed military "stacks" that charged into the building. They have claimed that the stacks were only activated in response to the shooting death of rioter Ashli Babbitt by Capitol Police, although time stamps prove they began their assault before the shooting occurred. A separate video shows Oath Keepers escorting Trump ally Roger Stone in D.C. earlier in the day, raising questions about how linked they are to members of the former president's inner circle.

Rhodes himself, who maintains his actions were not criminal, has been denied pretrial release after a judge determined he was a "clear danger." His estranged wife has testified against him, noting that he built "elaborate escape tunnels" in his backyard.

https://www.rawstory.com/oath-keeper-guilty-plea-2656830051/

[Rick Plant]

Photograph of *Roger Stone* on *JANUARY 6th* with Joshua James, who just pled to SEDITIOUS CONSPIRACY and obstructing an official proceeding and is facing 7-9 years in prison as part of a full cooperation agreement.

This is going to get quite interesting.




Oath Keeper pleads guilty to seditious conspiracy in landmark Capitol riot legal development

Joshua James, a member of the Oath Keepers and a co-defendant of Oath Keepers leader Stewart Rhodes, has pleaded guilty to seditious conspiracy.

As CBS News' Scott MacFarlane reports, James's guilty plea is "a big win" for the United States Department of Justice and "potentially... problematic" for Rhodes, who has pleaded not guilty to seditious conspiracy charges.

According to MacFarlane, James is admitting that his actions at the Capitol were intended to disrupt the peaceful transfer of power and that they were done as part of a plan concocted by Rhodes.

Additionally, James's plea deal is contingent upon his cooperation with prosecutors.

Although many Capitol rioters have been charged for their roles in breaching the Capitol and committing acts of violence, Rhodes and some of his fellow Oath Keepers are so far the only ones to face the very serious seditious conspiracy charges.

"The seditious conspiracy indictment alleges that, following the Nov. 3, 2020, presidential election, Rhodes conspired with his co-defendants and others to oppose by force the execution of the laws governing the transfer of presidential power by Jan. 20, 2021," the DOJ alleged in its indictment. "Beginning in late December 2020, via encrypted and private communications applications, Rhodes and various co-conspirators coordinated and planned to travel to Washington, D.C., on or around Jan. 6, 2021, the date of the certification of the electoral college vote, the indictment alleges. Rhodes and several co-conspirators made plans to bring weapons to the area to support the operation. The co-conspirators then traveled across the country to the Washington, D.C., metropolitan area in early January 2021."

https://twitter.com/MacFarlaneNews/status/1499152592768806912

[Richard Smith]

Yawn.  How long can this go on?

[Rick Plant]

Here’s how Jason Miller’s Jan. 6 testimony documented Trump’s potential criminal intent



The House Select Committee Investigating the Jan. 6 Attack on the U.S. Capitol on Wednesday released a transcript of Donald Trump advisor Jason Miller's testimony before eleven investigators.

Miller was asked if Trump was told that he had lost the election.

"I don't remember who all was present in person. I was in the Oval Office. And at some point in the conversation Matt Oczkowski, who was the lead data person, was brought on, and I remember he delivered to the President in pretty blunt terms that he was going to lose," Miller said.

"And that was based, Mr. Miller, on Matt and the data team's assessment of this sort of county-by-county, State-by-State results as reported?" the investigator asked.

"Correct," Miller replied.

Miller said he thought he remembered Jared Kushner, Bill Stepien, and Justin Clark being in the meeting.

HuffPost White House correspondent S.V. Dáte offered his analysis of the testimony.

"Here is [Jason Miller] providing testimony to the Jan. 6 committee that Trump was told *by his own campaign* that he lost, and had been given a detailed breakdown. So when Trump continued pushing his lies that he had won, he was knowingly trying to obstruct the certification," he wrote.



https://twitter.com/svdate/status/1499217369759109120

[Rick Plant]

John Eastman invoked 5th Amendment to questions of whether he publicly lied about Trump



The House Select Committee to Investigate the Jan. 6 Attack on the U.S. Capitol on Wednesday released a 221-page legal filing that includes a transcript of "coup memo" author John Eastman's interview with investigators.

The filing claimed that the committee had basis to believe that Donald Trump broke multiple laws in his efforts to overturn the 2020 presidential election.

As part of the filing, the committee included testimony from Eastman in which he was asked about his appearances purportedly representing Trump on right-wing media.

"Dr. Eastman, in an interview with Larry Lessig and Matt Seligman on the 'Another Way' podcast, September 27th, 2021, you were asked about the memoranda that you wrote regarding the role of the Vice President in counting the electoral college votes on January 6th, and you said, 'Although I did have a client in this, the client, the President, the former President of the United States, has authorized me to talk about these things. I want to make that clear upfront.' Did President Trump authorize you to talk publicly about the memoranda that you wrote?" an investigator asked.

"On the advice of counsel, I hereby assert my Fifth Amendment right against being compelled to be a witness against myself," Eastman responded.

"So is it your position that you can discuss those memoranda in public settings, but will not discuss those memoranda with the committee pursuant to a subpoena?" the investigator asked.

"Fifth," Eastman replied.

But the investigator wanted to pursue that line of questioning, noting comments Eastman made on the "Peter Boyle Show" on May 5.

"You said later in the interview that, 'I would normally not talk about a private conversation I had with a client, but I have express authorization from my client, the President of the United States, at that time to describe what occurred, to truthfully describe what occurred in that conversation.' Did President Trump authorize you to discuss publicly your January 4th, 2021, conversation with him?" the investigator asked.

"Fifth," he replied. once again.

He continued to invoke the Fifth Amendment, including to questions about meeting with Corey Lewandowski, Arizona House Speaker Rusty Bowers, DOJ official Jeffrey Clark, Rep. Scott Perry (R-PA), Sen. Josh Hawley (R-MO), Sen. Ted Cruz (R-TX) and "any other members of Congress."

https://www.rawstory.com/john-eastman-2656830164/