“While a stay prohibiting production is no longer available, an order directing the return or destruction of the documents and prohibiting their further use pending appeal remains a viable remedy,” Eastman attorney Anthony wrote. Case.
But such a court order against Congress would be an extraordinary step of one equal branch against another, and would be virtually impossible to enforce. A similar effort by Trump spokesman Taylor Budowich – who asked a judge to retrieve the select committee’s financial records after JP Morgan provided them in December – was met with extreme skepticism from a judge in the district court in Washington, DC.
House attorney Douglas Letter — the lead counsel for the select committee — pointed out in an email to Eastman’s attorneys that once Carter denied his request for reconsideration and a deadline to produce the e- mails had passed, there were no restrictions on the select committee reviewing them.
“The select committee did this because the district court ordered that these documents be disclosed to the select committee by 5 p.m. ET. [Friday], and the district court had summarily denied your request for reconsideration or stay (which you did not file prior to the day before the disclosure deadline),” Letter wrote in the email, which Eastman shared. included in his filing with the Court of Appeal. . “So there was no court order prohibiting the select committee from reviewing the documents that the district court ordered your client to produce. Any controversy over these particular documents is therefore now moot.
A spokesperson for the select committee declined to comment.
The eight emails in question were described by U.S. District Court Judge David Carter as evidence of a probable crime by Eastman and Trump, and they were included in a batch of several dozen documents Carter ordered Eastman to submit to the select committee. The decision was the latest in a string of defeats for Eastman by Carter that stretch back to March. His ruling at the time – saying Trump and Eastman likely engaged in a criminal conspiracy – became a centerpiece of the committee’s public presentation of evidence.
But so far, Eastman had chosen not to appeal Carter’s decisions.
Among the recently leaked documents is an email that Carter said showed Trump had signed legal documents attesting to voter fraud data that he knew was erroneous.
Eastman urged Carter to reconsider, but Carter denied that request on Friday, minutes after Eastman’s decision to appeal the case to the 9th Circuit. What happened next, in Eastman’s account, was a jumble of paperwork.
Five minutes after Carter denied his reconsideration request, Eastman’s attorney sent the select committee a link to access the eight disputed emails. But he urged the panel to refrain from opening it until the 9th Circuit acts.
“Instead of honoring this request, counsel for the select committee informed Dr. Eastman’s attorney at 6:26 p.m. PDT and 6:40 p.m. PDT that the select committee had ‘downloaded and reviewed’ the disputed documents, falsely claiming that it there was no motion for a stay in the Ninth Circuit at the time,” Eastman attorney Anthony Caso wrote.