Last week, in a court filing (here), the House committee investigating the Capitol riot argued “the President and members of his Campaign engaged in a criminal conspiracy” (see story here).
The news media made it a bigger deal than it is.
The committee can’t indict or prosecute anyone. The purpose of its investigation is to inform legislating. It could refer its findings to the Department of Justice, which does have such authority, but its function is limited to information-gathering.
The court filing needs to be understood in that context.
As NBC News explains (in story linked above), “The filing focuses largely on John Eastman, a … lawyer who wrote memos arguing that … Pence could overturn the election. The committee previously subpoenaed Eastman to turn over documents but … he claims they are protected by attorney-client privilege.”
Criminal conduct isn’t protected by attorney-client privilege (see article here). It’s as simple as that. The accusation is a legal tactic to defeat Eastman’s claim of privilege. If the court accepts the committee’s argument, it will order Eastman to produce the documents. That’s all it means.
Related story: For why this filing isn’t a “roadmap” for prosecuting Trump, go here.
Photo: Eastman (left, in tan coat) at the Jan. 6 rally preceding the riot. Eastman was fired from his law professor job and is under investigation by the California Bar Association because of his activities to subvert our democracy by plotting to overthrow the election.
