ceremonial office near the Senate Chamber, and evacuated the Vice President and his family to a secure location, missing the violent mob by a mere 40 feet.[208]
Further evidence presented at our hearing shows the violent reaction following President Trump's 2:24 p.m. tweet and the efforts to protect Vice President Pence in the time that followed.[209]
The day after the attack on the Capitol, Eastman called Eric Herschmann to talk about continuing litigation on behalf of the Trump Presidential Campaign in Georgia. Herschmann described his reaction to Eastman this way:
And I said to him, are you out of your F'ing mind? Right? I said, because I only want to hear two words coming out of your mouth from now on: Orderly transition. I said, I don't want to hear any other F'ing words coming out of your mouth, no matter what, other than orderly transition. Repeat those words to me."[210]
Herschmann concluded the call by telling Eastman: "Now I'm going to give you the best free legal advice you're ever getting in your life. Get a great F'ing criminal defense lawyer, you're going to need it," and hanging up the phone.[211]
In the course of investigating this series of facts, the Select Committee subpoenaed Eastman's emails from his employer, Chapman University.[212] Eastman sued to prevent Chapman from producing the emails, arguing that the emails were attorney-client privileged. Federal District Court Judge David Carter reviewed Eastman's emails in camera to determine, among other things, whether the emails had to be produced because they likely furthered a crime committed by one of Eastman's clients or by Eastman himself. In addition to reviewing the emails themselves, Judge Carter reviewed substantial additional evidence presented by the Select Committee and by Eastman.
After reciting a series of factual findings regarding President Trump's multi-part plan to overturn the election, Judge Carter concluded that President Trump likely violated two criminal statutes: 18 U.S.C. § 1512(c) (corruptly obstructing, impeding or influencing Congress's official proceeding to count electoral votes); and 18 U.S.C. § 371 (conspiring to defraud the United States). The Court also concluded that John Eastman likely violated at least one of these criminal laws. As to §1512(c), Judge Carter explained:
Taken together, this evidence demonstrates that President Trump likely knew the electoral count plan had no factual justification.
The plan not only lacked factual basis but also legal justification. . . .
