Politics Lawyer who hatched a plan to throw the 2020 election to Trump pleads the 5th in Congress' Capitol riot probe
Leaders of pro-Trump groups Oath Keepers, Proud Boys subpoenaed in Jan. 6 Capitol riot probe
The bipartisan House panel is probing the facts and causes of the riot, when hundreds of former President Donald Trump's supporters stormed the Capitol. © Provided by CNBC Proud Boys members Enrique Tarrio, left, and Joe Biggs march during a December 12, 2020 protest in Washington, D.C. Tarrio was later arrested for acts committed at the protest and Biggs was later arrested for his involvement in the storming of the U.S. Capitol building in Washington. D.C., U.S. Picture taken December 12, 2020.
- A Trump-aligned lawyer invoked his 5th Amendment rights in response to a Jan. 6 committee subpoena.
- John Eastman's attorney sent a letter to the committee saying he "hereby asserts his Fifth Amendment right not to be a witness against himself."
- Eastman is the second witness who took or plans to take the 5th Amendment related to the Capitol riot probe.
A lawyer and former Supreme Court clerk who advised former President Donald Trump will invoke his 5th Amendment rights in response to a subpoena from the House select committee investigating the January 6 Capitol riot.
Capitol riot committee issues subpoenas to leaders of Proud Boys and Oath Keepers
The House Jan. 6 committee issued five more subpoenas to leaders of far-right groups that the panel has linked to the Capitol riot. © Provided by Washington Examiner The Proud Boys and Oath Keepers, members of which have been indicted in connection to the siege of Congress, were singled out in this latest wave. Henry “Enrique” Tarrio, chairman of the Proud Boys on Jan. 6, Elmer Stewart Rhodes, president of the Oath Keepers, and Robert Patrick Lewis, chairman of 1st Amendment Praetorian, were all named by the committee, which is seeking documents and testimony.
John Eastman's lawyer, Charles Burnham, sent a letter to committee chairman Rep. Bennie Thompson on December 1 saying, "Dr. Eastman hereby asserts his Fifth Amendment right not to be a witness against himself in response to your subpoena."
"Members of this very Committee have openly spoken of making criminal referrals to the Department of Justice and described the Committee's work in terms of determining 'guilt or innocence,'" the letter said. "Dr. Eastman has a more than reasonable fear that any statements he makes pursuant to this subpoena will be used in an attempt to mount a criminal investigation against him."
Eastman is the second witness who has invoked or plans to invoke their 5th Amendment privileges in response to a committee subpoena. Earlier this week, a lawyer representing the former Justice Department official Jeffrey Clark informed the committee that his client will do the same. The panel said it expects Clark to come in on Saturday and formally assert his claim.
Multiple Jan 6 Defendants Request Permission To Travel Over Thanksgiving
Those accused of some of the most serious offenses linked to Capitol attack have requested courts allow them to travel to spend the holiday with family.In the days leading up to the November 25 celebrations, several suspects accused of taking part in the January 6 attack who are not being held in custody have made formal court requests to make Thanksgiving travel plans without violating their pretrial release conditions.
Eastman was a law professor at Chapman University and retired on January 13, a week after the deadly Capitol insurrection in which a mob of frenzied Trump supporters tried to stop Congress from certifying President Joe Biden's victory.
According to Bob Woodward and Robert Costa's book "Peril," Eastman sent Utah Sen. Mike Lee a memo on January 2 falsely claiming that "7 states have transmitted dual slates of electors to the President of the Senate," who at the time was Vice President Mike Pence.
Beyond claiming with zero evidence that multiple states had sent "alternate" slates of electors to Congress, Eastman's memo went a step further and "turned the standard counting process on its head," the book said.
In the memo, Eastman laid out six steps he said Pence could take to throw the election to Trump. One of them involved him unilaterally declaring that because of "ongoing disputes" in the seven states, "there are no electors that can be deemed validly appointed in those States."
Officers' powerful Capitol riot testimony underscores Pelosi's partisan blunder
It's astonishing that Pelosi believed a couple of GOP committee members could have detracted from the officers' testimony.On the terms that she gratuitously imposed, then, Pelosi emerges as the big loser after the committee's first hearing on Tuesday.
Eastman's assertion caught the lawmaker by surprise, the book said: "Lee was shocked ... The possibility of alternate or dueling slates would be national news. Yet there had been no such news."
The idea of "dueling electors" was previously an obscure one but gained steam in GOP circles in the run-up to January 6, as Trump advisors, pundits, and legal scholars speculated about sending an "alternate" slate of pro-Trump electors from battleground states to tilt the electoral vote count in his favor.
Once the Electoral College has met and each state has certified its election results,for a "duel slate" of electors.
According to The New York Times, an "alternate" slate of electors has only been sent to Congress once since the Electoral Count Act of 1887 was signed into law: in 1960, when Hawaii's Republican governor sent a Republican slate of electors amid a dispute over the state's election results. But once the recount was finished and showed that Democratic nominee John F. Kennedy had won the state's election, the governor sent a Democratic slate to Congress, which it accepted.
No such scenario existed after the 2020 election. Every US state had certified its election results, and the states that Trump and his allies wanted to send "alternate" pro-Trump electors had certified their results for Biden.
Judges grill Trump lawyers trying to block Jan. 6 probe from getting White House records .
The House is probing the Jan. 6 riot, when Trump's supporters stormed the Capitol and temporarily stopped Congress from confirming Biden's 2020 election win.Trump had filed the lawsuit against the House select committee that seeks those documents as part of its probe of the riot, when hundreds of Trump's supporters stormed the Capitol and temporarily stopped Congress from confirming President Joe Biden's victory in the 2020 election.