The GuardianThe Guardian
<span>Photograph: Brendan Smialowski/AFP/Getty Images</span>
Photograph: Brendan Smialowski/AFP/Getty Images

Donald Trump appears to have committed multiple felonies as he sought to return himself to power on 6 January, a judge said in a ruling that ordered Trump lawyer John Eastman to turn over hundreds of emails to the House select committee investigating the Capitol attack.

The extraordinary ruling marks a breakthrough and paves the way for the select committee to obtain some of the most sensitive emails concerning his illegal scheme to overturn the 2020 election that he had attempted to shield from the inquiry.

John Eastman testifies on Capitol Hill in Washington in 2013.
John Eastman testifies on Capitol Hill in Washington in 2013. Photograph: Jacquelyn Martin/AP

According to the evidence, it is more likely than not that president Trump and Dr Eastman dishonestly tried to obstruct the joint session of congress on Jan 6, 2021, according to judge David Carter.

Among the emails that the judge ordered the man to turn over are messages forwarded to him by Trump's attorney, Rudy Giuliani, who recommended that Mike Pence, then vice-president, overturn the 2020 election and lay out a day-by-day plan of action leading up to January 6

Carter said that Trump and Eastman launched a campaign to overturn a democratic election in a strategy that was unprecedented in American history.

Carter ruled that one document was subject to the so-called crime-fraud exception to claims of attorney-client privilege because of the potential criminal activity between Trump and Eastman in the days leading up to 6 January.

The email chain was forwarded by Trump's former attorney, Rudy Giuliani, who recommended that the vice president reject the electors for Biden.

The Trump lawyers changed their interpretation of the Electoral Count Act to a day-by-day plan that was in violation of the statute, according to the ruling.

The memo is subject to the crime-fraud exception and the court orders it to be disclosed because it is likely to further the crimes of obstruction of an official proceeding and conspiracy to defraud the United States.

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