Judge Carter’s comments came in an order for John Eastman, a conservative lawyer who wrote a memo that members of both parties have likened to a blueprint for a coup, to turn over more than 100 emails to the committee as it investigates Mr. Trump’s efforts to hold onto power after his election loss.
Many of the documents the committee will now receive relate to a legal strategy proposed by Mr. Eastman to pressure Vice President Mike Pence not to certify electors from several key swing states when Congress convened on Jan. 6, 2021. “The true animating force behind these emails was advancing a political strategy: to persuade Vice President Pence to take unilateral action on January 6,” Judge Carter wrote.
Mr. Eastman had filed suit against the panel, trying to persuade a judge to block the committee’s subpoena for documents in his possession. As part of the suit, Mr. Eastman sought to shield from release documents he said were covered by attorney-client privilege.
In response, the committee argued — under the legal theory known as the crime-fraud exception — that the privilege did not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.
The panel said its investigators had accumulated evidence demonstrating that Mr. Trump, Mr. Eastman and other allies could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.