A US judge ruled on Monday that it was “likely” that former President Donald Trump had broken the law by seeking to invalidate the result of the November 2020 election, which saw Democrat Joe Biden win.
In another development, Mr Trump’s son-in-law and adviser Jared Kushner is expected to testify virtually this week before the House Committee investigating the attack on Congress on January 6, 2021, according to US media.
That day, thousands of supporters of Donald Trump had stormed the Capitol, seat of the legislative power, sowing chaos and interrupting for a few hours the certification by the elected officials of the result of the presidential election.
The opinion of Judge David Carter, rendered in a separate file, has no legal consequences for the former host of the White House, but it puts pressure on the Department of Justice, the only one who can indict Mr. Trump for his alleged responsibility for the assault.
“The court finds it more likely than not that President Trump corruptly attempted to obstruct the session of Congress on January 6, 2021,” Justice Carter explained.
The judge, who officiates in a federal court in California, was called upon to rule on the refusal of John Eastman, an allied lawyer of Mr. Trump, to transmit to the commission of inquiry a hundred e-mails written from his address at the Chapman University, near Los Angeles, where he taught law.
“Illegal” plan
After the election, Mr Eastman allegedly wrote a memo to Donald Trump claiming that his vice president, Mike Pence, had the power to overrule election results in some states, robbing Joe Biden of his victory. On January 6, Mr. Pence had refused to do so, despite pressure from Donald Trump.
“President Trump and the Dr Eastman justified this plan with allegations of voter fraud, but President Trump knew that these allegations were baseless and therefore the entire plan was illegal, ”says the judge.
According to him, “the Dr Eastman and President Trump launched a campaign to overturn a Democratic election, an act unprecedented in American history.
“This campaign was not limited to an ivory tower — it was a coup in search of legal theory,” he said.
“If the country does not commit to investigating and trying to hold those responsible to account, the court is afraid that January 6 will repeat itself”, explains the judge, ordering John Eastman to transmit 101 documents to the commission of ‘investigation.
This campaign was not limited to an ivory tower — it was a coup in search of legal theory
The nine-member commission also voted unanimously on Monday evening to recommend the initiation of lawsuits against two close associates of Mr. Trump, his former economic adviser, Peter Navarro, and his ex-social media adviser, Dan Scavino, who ignored subpoenas. This recommendation will soon be sent to the House of Representatives, which will vote on whether or not to forward the file to the Department of Justice.