Story · October 20, 2022

Judge’s Eastman order puts more election emails on the table

Privilege cracks, but the ruling was about disclosure, not a proven conspiracy Confidence 5/5
★★★★★Fuckup rating 5/5
Five-alarm fuckup Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: Correction: The court did not make a final finding of criminal conspiracy; it ruled on disclosure and said some materials fell within the crime-fraud exception.

A federal judge on Oct. 19, 2022 handed Donald Trump and John Eastman two separate setbacks in the same broader fight over the post-2020 election record. In one ruling, the judge found Trump had signed a statement repeating fraud claims that his own lawyers had told him were false. In the other, the judge said some Eastman emails were not protected by attorney-client privilege because they fell within the crime-fraud exception and ordered them turned over to the House Jan. 6 committee. The orders did not decide a criminal case or prove a conspiracy on their own. But they did push more of the internal paper trail into the open. ([cbsnews.com](https://www.cbsnews.com/news/john-eastman-emails-donald-trump-lawyers-voter-fraud-claims-false-judge-david-o-carter/?utm_source=openai))

The Eastman ruling matters because it narrows the protection Trump allies had been relying on. Privilege is supposed to shield legitimate legal advice. It does not protect communications a judge finds were used to further conduct the court believes may have been unlawful. Here, the judge said the committee had shown enough to get some of Eastman’s emails under the crime-fraud exception, which is why those documents had to be disclosed. That is a disclosure ruling, not a final finding that anyone committed the crimes described in the underlying theory. ([cbsnews.com](https://www.cbsnews.com/news/john-eastman-emails-donald-trump-lawyers-voter-fraud-claims-false-judge-david-o-carter/?utm_source=openai))

The parallel Trump ruling is the more direct political problem. The court found he had signed a document that repeated numbers his lawyers said were wrong, undercutting his claim that he was simply relaying information in good faith. Together, the two orders give investigators and Congress more material to work with: one on what Trump personally signed, the other on what Eastman and other lawyers were saying behind the scenes. ([cbsnews.com](https://www.cbsnews.com/news/john-eastman-emails-donald-trump-lawyers-voter-fraud-claims-false-judge-david-o-carter/?utm_source=openai))

The immediate result is not a conviction, and it is not a judicial declaration that the 2020 effort was a criminal conspiracy. It is something narrower and, for Trump’s allies, still damaging: a district judge has now concluded that parts of the Eastman record belong in the hands of investigators, while the Trump false-claims ruling adds another documented finding that the election-fraud claims were not supported the way Trump presented them. The legal fight over the post-election effort now has more emails, more rulings, and less privilege to hide behind. ([cbsnews.com](https://www.cbsnews.com/news/john-eastman-emails-donald-trump-lawyers-voter-fraud-claims-false-judge-david-o-carter/?utm_source=openai))

Read next

Reader action

What can you do about this?

Call or write your members of Congress and tell them the exact outcome you want. Ask for a written response and refer to the bill, hearing, committee fight, or vote tied to this story.

Timing: Before the next committee hearing or floor vote.

This card only appears on stories where there is a concrete, lawful, worthwhile step a reader can actually take.

Reader images

Upload a relevant meme, screenshot, or photo. Automatic review rejects spam, ads, and unrelated junk. The top-rated approved image becomes the story's main image.

Log in to upload and vote on story images.

No approved reader images yet. Be the first.

Comments

Threaded replies, voting, and reports are live. New users still go through screening on their first approved comments.

Log in to comment


No comments yet. Be the first reasonably on-topic person here.