“The illegality of the plan was obvious.'
Eastman authored a memo outlining how the vice president could toss out electors from several battleground states and accept alternate, pro-Trump electors, in effect re-electing Trump. Carter noted that Trump and Eastman “likely knew” that the plan was illegal. “President Trump continuing to push that plan despite being aware of its illegality constituted obstruction by ‘dishonest’ means,” Carter wrote.
Carter’s opinion that Trump committed a felony does necessarily turn the wheels of justice toward any closer to holding him accountable. He simply noted it in his ruling about Eastman’s emails. The Justice Department has been tight-lipped on any potential investigations, although Attorney General Merrick Garlandthat the DOJ is “committed” to prosecuting Jan. 6 offenders “at any level,” regardless if they were present at the Capitol that day or not.
Carter certainly seems to believe Trump and Eastman were offenders. “Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history. Their campaign was not confined to the ivory tower—it was a coup in search of a legal theory,” he wrote. “The plan spurred violent attacks on the seat of our nation’s government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.
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