Trump is likely guilty of attempted obstruction of a Joint Session of Congress and conspiracy to defraud the U.S.
. Carter found it “more likely than not” that Trump committed two federal crimes to further his and Eastman’s “campaign to overturn a democratic election, an action unprecedented in American history.”
Eastman claimed that the attorney-client privilege shielded him from producing the documents and communications. He offered an unsigned, undated retainer agreement between him and candidate Trump as well as Trump’s campaign committee. Carter found that Trump attempted to obstruct an official proceeding by initiating a pressure campaign to convince Vice President Mike Pence to disrupt the Joint Session of Congress on January 6. Trump facilitated two meetings before January 6 to persuade Pence to disrupt the Joint Session. On January 4, Trump and Eastman hosted a meeting in the Oval Office with Pence and his lawyer and chief of staff.
Carter found “strong circumstantial evidence” of an agreement between Trump and Eastman to carry out Eastman’s plan, citing two meetings with high-ranking officials to advance the plan. Carter also quoted Trump’s praise for Eastman: “John is one of the most brilliant lawyers in the country, and he looked at this and he said, ‘What an absolute disgrace that this can be happening to our Constitution.
“If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.”
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