Judge Says Trump 'Likely' Committed Felony Obstruction of Congress by Plotting to Overturn Election on Jan. 6

A federal judge said Monday that former President Donald Trump was “likely” guilty of obstruction of Congress for planning to disrupt the certification of electors in Congress on Jan. 6.

“Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021,” Judge David Carter wrote, a finding that squares with what the House Jan. 6 committee concluded earlier this month. His reasoning came as he ordered former Trump lawyer and coup memo author John Eastman to hand over 101 emails that he had wanted to shield from the committee.

“The illegality of the plan was obvious,” Carter wrote. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election … Every American — and certainly the President of the United States — knows that in a democracy, leaders are elected, not installed.”

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. Both Trump and Eastman “likely knew” that the plan was illegal, Carter wrote.

“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.”

This is a breaking news story and will be updated.

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