The news is moving faster than fuck, and I cannot stay abreast. But two occurrences must be stressed since most of you have been apoplectic over the lack of accountability for obvious coup plotters and the perceived inaction of Merrick Garland.
Everyone needs to calm the fuck down. The J6 committee is doing its job, and so is the Garland DOJ. It’s often misunderstood that when and if Democrats lose the House in November, the J6 committee will be shut down by Republicans. That’s simply not true; it has a self imposed termination date well before the election. It will complete its work and send all findings to the DOJ for review. Equally untrue is that Merrick Garland’s DOJ will cease to exist after the election. I don’t know how some people got this in their head but he’s got at least until January 2025. That is a long time from now, in case you have not noticed.
As I observed a month ago, The J6 committee took a hard bite out of John Eastman’s ass for not turning over a batch of 100 or so emails that he and then-president Trump exchanged. Eastman tried the usual play-that they are protected under privilege. A complaint was filed, and the return from a federal judge was, in most people’s words, “scathing” or “shocking”.
First, with respect to whether Trump tried to obstruct an official proceeding, which is, of course, a crime, Carter concluded it was “more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.” As Carter highlights, in our government “leaders are elected, not installed.” And yet Trump tried to “subvert this fundamental principle.” Second, and relatedly, Carter determined that given the evidence, “it is more likely than not that President Trump and Dr. Eastman dishonestly conspired to obstruct the Joint Session of Congress on January 6, 2021.”
Surely all of you realize the gravity of this judge’s opinion. Not only does it order Eastman to cough up the emails, it will be the first time a judge has implicated Donald Trump in criminal activity on January 6th. So, I assume Eastman will try to appeal this, and if he loses again, his pleas may end up at the Supreme Court, where historically, no one on the bench has shown any interest in shielding Trump or abetting him in any way even though he’s appointed 1/3 of it. So somewhere down the road, it seems likely we shall see what Eastman is trying to hide-it could spell the end for Trump. UPDATE 4/6: Eastman took it no further. J6 has the emails.
On a separate track, like a burst of sunspot activity, the Garland DOJ has issued what could be dozens of subpoenas from a grand jury for records on suspected J6 planners, financiers, and conspirators. After quietly nailing an Oathkeeper for knowingly conspiring to overthrow the government by force and getting him to take a plea deal to roll on anybody he could, Garland’s now in overdrive, working on the next level of the puzzle. No one particular individual has been subpoenaed, or charged except for Joshua James.
Many of you have gotten accustomed to the idea that a subpoena is pointless, that it has no consequences. That’s because you’ve probably seen one too many people ignore them from the January 6th committee. But these work different. Failure to cough up documents will land you in jail.
Get used to the idea that Garland is going to keep a poker face on until this is done. Do some reading on the guy. He is the opposite of what you are all thinking. He is not to be trifled with.
UPDATE 4/6: The hydra that is the J6 riot is WAY bigger than any of us think. Hundreds of people could be in the hot seat for this stunt.
If the news about who plotted the January 6th sedition was merely walking, in horse terms it has begun to trot. Yesterday, an Oath Keeper plead guilty to conspiracy and is ready to roll to assist in other prosecutions.
Anyway, John Eastman is now fully in the Select Committee’s crosshairs. You remember John, right? He was Trump’s counsel, and an author of one of possibly several roadmaps drafted that would enable Trump to retain the presidency. They want the rest of his emails, and might well get them-they are not subject to attorney client privilege anymore. To whet the appetite of the district court, the committee released an email Eastman sent to Pence’s lawyer, telling him to have his client violate The Electoral Count Act on the 6th, which in Eastman’s diseased head was unconstitutional.
The committee may be shooting for the moon here-if there’s a whiff of conspiracy, Donald Trump himself may be ensnared for that. He also may be liable for fraud in his effort to portray the election as rigged. I suppose we should not get too far ahead of ourselves here, because even if there is a criminal referral to the DOJ, any prosecution forthcoming from one would need to be airtight as fuck, which seems to be the standard for anything that Garland is working on, unless you’re the sort that believes he’s not working on anything hard, which I very much doubt. I’m no lawyer, but I do understand that there is some complexity to making sure a victory is attained, one that can’t be turned over on appeal.
I look forward to my metaphorical horse speeding up to a canter.