Trump likely committed felony obstruction, federal judge rules

Carter said that Trump was aware that the plan was illegal at the time.

Carter wrote that the court finds it more likely than not that President Trump tried to obstruct the Joint Session of Congress.

A federal judge ruled that a president appeared to commit a crime while in office. The decision has no bearing on whether or not Trump will be charged criminally, but it could increase pressure on the Justice Department to conduct an aggressive investigation that could lead to such charges.

There have been no outward signs that the Justice Department is investigating Trump or his top advisers over their roles in inciting the Capitol attack.

The Justice Department didn't respond to requests for comment on the ruling.

The legal strategy Trump deployed to force the overturn of the election was developed by a former professor at Chapman. Chapman University didn't respond to a request for comment.

Carter ruled that the efforts by Trump and Eastman were against the law.

The nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections, according to a ruling by Carter. President Trump tried to subvert this principle with a plan.

The decision helps shore up a theory that Trump used legal strategies that were not meritless in order to subvert the transfer of power to Joe Biden, an effort that contributed to the violence that unfolded at the Capitol. Carter's analysis gives the committee the power of a federal court, which was longsailed by Trump allies as a political effort led by Democrats.

Carter agreed that 10 of the emails of Eastman should be protected by attorney-client privilege. None of the 10 appeared in the select committee's investigation. He wrote that nine of them were about potential litigation and the tenth was about potential future actions.

Carter, who sits in Los Angeles and is an appointee of President Bill Clinton, acknowledged long-shot arguments by Eastman that the 1887 law governing the tallying and certification of electoral votes was at odds with the Constitution. The judge said that Trump didn't have the right to defy the statute or to try to get Pence to do so.

Carter wrote that President Trump did not have to violate the Electoral Count Act if he disagreed with it. After filing and losing more than sixty suits, President Trump had a last-ditch attempt to secure the Presidency.

The 9th Circuit Court of Appeals has the power to appeal to the Supreme Court.