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taking the 5th guilty or not guilty?
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real-human



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PostPosted: Wed Jan 26, 2022 9:00 pm    Post subject: Reply with quote

https://www.dailykos.com/stories/2022/1/26/2076879/-Judge-Describes-Eastman-s-Election-Actions-As-Potentially-Seditious?pm_source=story_sidebar&pm_medium=web&pm_campaign=recommended


Judge Describes Eastman's Election Actions As Potentially Seditious


Quote:
John Eastman authored the “Eastman Memo” aimed at convincing Vice President Pence that he had the unilateral authority to throw out electoral college votes. Understandably, Eastman was subpoenaed by the 1/6 Committee. He appeared and asserted his 5th Amendment privilege 146 times.

Since Eastman is normally a professor at Chapman University, and his email is through the University, the 1/6 Committee subpoenaed the University to produce emails that were within the scope of their investigation. With search parameters worked out with the Committee 19,000 such emails were found. Eastman sued seeking a Temporary Restraining Order (TRO) against the University releasing the documents to the Committee.

The day before yesterday the judge heard oral arguments. It took Judge David Carter exactly one more day to render a decision, that he handed down last night. Judge Carter’s decision soundly rejected every argument advanced by Eastman, and even worse, described Eastman’s actions as potentially seditious. The judge also rather directly suggested that Eastman’s actions may have contributed to the violence on January 6th.

FACTS ACCEPTED BY THE COURT

While Eastman pled the 5th to the Committee his ability to do so is less when he is on the offensive and seeking a TRO. The court cited a number of “facts about Dr.Eastman’s actions” that “Eastman confirmed at argument that he took” in his representation of Trump. The facts include:

Eastman “wrote two memoranda offering several scenarios for the Vice President to potentially change the outcome of the 2020 Presidential election.”

On December 3, 2020, Dr. Eastman testified to “Georgia state senators regarding alleged voter fraud and reportedly shared a paper arguing that the state legislature could reject election results and directly appoint electors.”

On January 2, 2021, Dr. Eastman participated in “a briefing for nearly 300 state legislators from several states regarding purported election fraud, during which [Eastman] told the group that it was ‘the duty of the legislatures to fix this, this egregious conduct, and make sure that we’re not putting in the White House some guy that didn’t get elected.’”

On January 3, Dr. Eastman met with President Trump and Vice President Michael Pence to explain his theory that the Vice President had the authority to decide the results of the election regardless of the votes in each state.

On January 5, Dr. Eastman was in “the Willard Hotel ‘war room’ with Steve Bannon and others . . . where the focus was on delaying or blocking the certification of the election.”

Shortly after the attack on the Capitol, Dr. Eastman emailed the Vice President’s counsel that “the ‘siege’ is because YOU and your boss did not do what was necessary.”
I digress from the fact bullets to discuss this last one a bit. Think of the implications of Eastman blaming Pence for the violence because Pence didn’t play their illegal game of not counting electoral votes from states Biden won. This seems an admission that violence would be the consequence if Pence did not do as Trump demanded.

On the evening of the 6th Eastman again told the Vice President’s counsel that “Pence should still not certify the results.”

SEDITION

Amongst Eastman’s argument was that the Committee has no legitimate legislative purpose because it amounted to a criminal investigation that is not within the scope of the legislative branch. However, the judge found that:

“there are numerous legislative measures that could relate to Dr. Eastman’s communications . . . Eastman’s actions clearly fall within the bounds of an investigation into the influencing factors that fomented such an attack on American representative democracy.”

Thus, the judge made clear that Eastman’s actions may have contributed to causing the violence.

It gets worse. The judge concluded that “there are numerous plausible legislative measures that could relate to Dr. Eastman’s communications” and that amongst these legislative measures was that Congress could “increase penalties for encouraging seditious actions relating to elections.” In these words the judge seems to be suggesting that Eastman’s communications were seditious.

The judge suggested another valid legislative purpose was that Congress could “prevent campaign fundraising based on knowing misrepresentations regarding election fraud.” Overall the judge found “The Select Committee’s subpoena is well within its legitimate legislative purpose.”

OTHER MATTERS

The judge also rejected Eastman’s 1st Amendment argument noting:

The public interest here is weighty and urgent. Congress seeks to understand the causes of a grave attack on our nation’s democracy and a near-successful attempt to subvert the will of the voters. Congressional action to “safeguard [a presidential] election” is “essential to preserve the departments and institutions of the general government from impairment or destruction, whether threatened by force or by corruption.” [cite to Supreme Court case of Burroughs v. United States]

The judge also rejected Eastman’s 4th Amendment argument that the subpoena was overly broad. The judge noted the limited scope in time for the subpoena from the date of election to the date of inauguration, and that the Committee had worked with the University to eliminate over a third of even those emails from the response.

Finally, the judge rejected Eastman’s claim of attorney/client privilege because it was overly broad as blanket assertions of privilege for all documents sought are not favored. Rather Eastman must specifically assert the privilege, and the basis for it, for each document. The court leaves him free to do so.

CONCLUSION

The battle to overturn the election has not gone well for those who fought for that cause. They faced universal defeat in the courts, sanctions from the courts, disciplinary action from their Bar Associations (Eastman’s is also pending) and potential criminal investigations.

The battle to resist the investigation of the movement to invalidate the election is also not going well. At least four (Alex Jones, Roger Stone, Jeff Clark, and Eastman) subpoenaed by the Committee have felt compelled to plead the 5th Amendment. One has been criminally indicted for refusing to honor a Committee subpoena and another has been criminally referred.

Last night a judge rejected Eastman’s attempt to quash a subpoena and while doing so suggested Eastman might be partially responsible for the violence on January 6th and that Eastman’s actions might amount to sedition. Going on the offense blew up in Eastman’s face.

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real-human



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PostPosted: Sat Feb 19, 2022 5:02 pm    Post subject: Reply with quote

one of the trump kids plead the 5th over 500 times... geee if you did nothing wrong why are you claiming you did by pleading the 5th. hahahaha

may the entire rat family spend time in jail and may they be put in with some bad hombres...

https://www.msn.com/en-us/news/politics/judge-knocks-trump-lawyer-for-claiming-he-s-a-protected-class/ar-AAU0uRW


Judge Knocks Trump Lawyer for Claiming He's a 'Protected Class'


Quote:
Manhattan Supreme Court Judge Arthur Engoron pushed back after former President Donald Trump's attorney said her client was part of a "protected class" and facing discrimination from New York Attorney General Letitia James.

James and her team are seeking to force Trump to comply with a subpoena to answer questions under oath as part of a New York investigation into his business practices. Engoron heard arguments in the case on Thursday and issued a decision later in the day, ruling that Trump and two of his children are not part of a "protected class" and must comply with subpoenas and testify as part of the attorney general's probe.

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Trump's attorney, Alina Habba, suggested that the entire investigation was discriminatory and due to the former president's politics. Habba argued that James, a Democrat, aimed to prevent Trump from running for president and winning again in 2024. She described him as part of a "protected class."

Engoron, a Democrat, rejected Habba's assessment of Trump.

"The traditional protected classes are race, religion, etc.," Engoron asserted. "Donald Trump doesn't fit that model. He's not being discriminated against based on race, is he? Or religion, is he? He's not a protected class. If Ms. James has a thing against him, OK, that's not in my understanding unlawful discrimination. He's just a bad guy she should go after as the chief law enforcement officer of the state."

Trump previously said in a statement this week that James' investigation into him and his business is a "political and racist attack." He recently told Washington Examiner that James' investigation into his business was due to her political ambitions. She "campaigned on a whole issue of, 'I'll get Trump. I'll get Trump.' And that's all it was," he told the conservative publication.

Engoron went on to rule on Thursday afternoon that Trump and two of his adult children, Ivanka Trump and Donald Trump Jr., must comply with James' subpoenas and answer investigators' questions under oath.


Video: No wonder Trump is nervous: NY attorney general looking at Trump bid for D.C. hotel (MSNBC)

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No wonder Trump is nervous: NY attorney general looking at Trump bid for D.C. hotel
"In the final analysis, a State Attorney General commences investigating a business entity, uncovers copious evidence of possible financial fraud, and wants to question, under oath, several of the entities' principals, including its namesake. She has the clear right to do so," the state judge wrote in the decision.

Trump is expected to appeal the ruling. If the decision is ultimately upheld, Trump could still claim his Fifth Amendment right against self incrimination. However, he has previously criticized others for utilizing that right. Using the Fifth Amendment could potentially backfire as well.

"If Trump takes the Fifth, it can be used against him in the civil case being developed by the New York Attorney General. If Trump doesn't take the Fifth, the Manhattan DA can use his words against him," former federal prosecutor Renato Mariotti said in a Thursday tweet. "He's between a rock and a hard place.
"

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real-human



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PostPosted: Thu Feb 24, 2022 3:06 pm    Post subject: Reply with quote

https://www.msn.com/en-us/news/politics/former-doj-official-jeffrey-clark-pleaded-the-fifth-amendment-more-than-100-times-in-january-6-committee-interview/ar-AATrExx


Former DOJ official Jeffrey Clark pleaded the Fifth Amendment more than 100 times in January 6 committee interview


Quote:
ormer Justice Department official Jeffrey Clark made good on his promise and pleaded the Fifth Amendment more than 100 times during his deposition with the House January 6 committee on Wednesday, a source familiar with the interview told CNN.

The source said Clark chose to plead the Fifth to "most" of the questions the committee asked. The former DOJ official was in the interview room with investigators for an hour and 40 minutes. Typical interviews with key witnesses have gone on for six to eight hours.

Clark is still facing a criminal contempt of Congress referral after he refused to answer the committee's questions during a prior deposition. On the day the committee voted on the contempt referral, Clark's lawyer informed the committee that he planned to invoke his Fifth Amendment right to not answer questions on the grounds that it may incriminate him.

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real-human



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PostPosted: Fri Mar 11, 2022 2:40 pm    Post subject: Reply with quote

https://www.msnbc.com/rachel-maddow-show/maddowblog/facing-jan-6-questions-flynn-latest-plead-fifth-rcna19644?cid=eml_mra_20220311&user_email=e73377d3e40790eecbf6a99203e1476ea2a23c644c2045abd739b8f9e629a73b




Facing Jan. 6 questions, Flynn the latest to plead the Fifth


Quote:
It was in early November when the committee investigating the Jan. 6 attack issued a large batch of subpoenas, one of which was given to Michael Flynn, Donald Trump’s disgraced former White House national security adviser. No one was surprised.

After all, as we discussed soon after, Flynn allegedly attended a December 2020 meeting in the Oval Office in which participants discussed declaring a national emergency as part of a scheme to keep Trump in power despite his defeat. The retired general also reportedly raised the prospect of deploying U.S. troops, seizing voting machines, and declaring martial law as part of an apparent coup attempt.

Few Trump insiders could be more helpful than Flynn in shedding light on what transpired in the runup to the attack on the Capitol. The trouble, of course, is that he doesn’t seem eager to help investigators. NBC News reported:

Michael Flynn appeared before the House committee investigating the Jan. 6 attack on the Capitol on Thursday, in response to a subpoena.... Flynn did not answer the committee’s questions, exercising his Fifth Amendment right on the advice of counsel, his lead attorney, David Warrington, said in a statement.

If Trump knew six years ago what he knows now, he probably wouldn’t have made derisive comments about those who asserted their right against self-incrimination. “The mob takes the Fifth Amendment,” the then-candidate said in 2016. “If you’re innocent, why are you taking the Fifth Amendment?”

Little did he know at the time how significant this rhetorical question would become.

Circling back to our earlier coverage, we learned a couple of months ago, for example, that when Eric Trump faced questions about the Trump Organization’s business practices, he invoked the Fifth Amendment in response to more than 500 questions.

But when it comes to the Jan. 6 investigation, the list is even more striking:

John Eastman, a Republican lawyer who allegedly played a direct role in trying to pressure states not to send Democratic electors, even after the Democratic ticket won those states, reportedly pleaded the Fifth — by some accounts, nearly 150 times.

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real-human



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PostPosted: Tue Mar 15, 2022 12:39 am    Post subject: Reply with quote

figures...

https://www.npr.org/2022/03/09/1085452644/colorado-clerk-indicted-on-13-counts-of-election-tampering-and-misconduct?fbclid=IwAR1hmUsI4kEkg_tHEKRbSdumEl3VQYAfFia6bm_E3JisJTaq8kf7NWWDaYw

Colorado clerk is indicted for election tampering and misconduct

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real-human



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PostPosted: Tue Apr 05, 2022 11:20 pm    Post subject: Reply with quote

well the 5th is not working in this case... Judge ordered the emails released and boy are they damaging to the right wing liars club. Come on right wing idiots on this forum defend these words/action that have now been turned over by the traitors among us who are trying to hide everything.

Time to get a new attorney general who will investigate high crimes. Garland needs to go as I said nearly a year ago.

https://www.msn.com/en-us/news/politics/january-6-committee-obtains-emails-that-former-trump-attorney-john-eastman-sought-to-keep-secret/ar-AAVTK10?ocid=EMMX&cvid=9d7c69d703af4bc79f9349ebfcc1bd6b


January 6 committee obtains emails that former Trump attorney John Eastman sought to keep secret


Quote:
he House select committee investigating the January 6, 2021, attack on the US Capitol has obtained a cache of emails that right-wing lawyer John Eastman had sought to keep secret.

The 101 emails -- exchanged between January 4 and January 7, 2021 -- were released to the committee after Judge David Carter ruled that Eastman had not made a sufficient claim to attorney-client privilege.

One email, a draft memo for Rudy Giuliani, was obtained by the committee because the judge decided it was potentially being used to plan a crime. The memo recommended that then-Vice President Mike Pence reject some states' electors during the January 6 congressional meeting.

"This may have been the first time members of President Trump's team transformed a legal interpretation of the Electoral Count Act into a day-by-day plan of action," Carter wrote.

In the other 100 documents the committee is receiving, the judge described extensive discussions among Eastman and others about using court cases as a political argument to block Congress from certifying the vote.

"In another email thread, Dr. Eastman's colleagues discuss whether to publish a piece supporting his plan, and they touch on state lawsuits only to criticize how they are being handled by the Trump campaign," the judge's ruling last month said. "In a different email thread, Dr. Eastman and a colleague consider how to use a state court ruling to justify Vice President Pence enacting the plan. In another email, a colleague focuses on the 'plan of action' after the January 6 attacks."

The select committee's efforts to obtain Eastman's emails had been closely watched in the legal community because of the panel's bold move to accuse Eastman and Trump of criminal conspiracy. The House said it believed Trump had been trying to obstruct Congress and to defraud the government by blocking his loss of the election and discussing it with Eastman.

Still, neither Trump nor Eastman has been charged with any crimes. Further, despite the House's filings, lawmakers aren't prosecutors and can't bring charges. And there is no public indication that the Justice Department is seriously investigating Eastman and Trump's attempt to subvert the 2020 election.

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