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TexasTowelie

(111,313 posts)
Fri Dec 3, 2021, 04:22 PM Dec 2021

Lawyer who hatched a plan to throw the 2020 election to Trump pleads the 5th in Congress' Capitol

Source: Business Insider

A lawyer and former Supreme Court clerk who advised former President Donald Trump will invoke his 5th Amendment rights in response to a subpoena from the House select committee investigating the January 6 Capitol riot.

John Eastman's lawyer, Charles Burnham, sent a letter to committee chairman Rep. Bennie Thompson on December 1 saying, "Dr. Eastman hereby asserts his Fifth Amendment right not to be a witness against himself in response to your subpoena."

-snip-

"Members of this very Committee have openly spoken of making criminal referrals to the Department of Justice and described the Committee's work in terms of determining 'guilt or innocence,'" the letter said. "Dr. Eastman has a more than reasonable fear that any statements he makes pursuant to this subpoena will be used in an attempt to mount a criminal investigation against him."

Eastman is the second witness who has invoked or plans to invoke their 5th Amendment privileges in response to a committee subpoena. Earlier this week, a lawyer representing the former Justice Department official Jeffrey Clark informed the committee that his client will do the same. The panel said it expects Clark to come in on Saturday and formally assert his claim.

Read more: https://www.businessinsider.com/john-eastman-plead-5th-amendment-january-6-committee-subpoena-2021-12



Full title: Lawyer who hatched a plan to throw the 2020 election to Trump pleads the 5th in Congress' Capitol riot probe
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Lawyer who hatched a plan to throw the 2020 election to Trump pleads the 5th in Congress' Capitol (Original Post) TexasTowelie Dec 2021 OP
I hope they make him plead the fifth to every bit of evidence, even if it takes days C_U_L8R Dec 2021 #1
This is exactly what needs to happen sdfernando Dec 2021 #3
Yes, yes and yes! Walleye Dec 2021 #6
Suddenly the 5th becomes the Response du Jour. OnDoutside Dec 2021 #2
Make him come in and properly invoke his right, God dammit Walleye Dec 2021 #4
They are trying to DESTROY our court system! bluestarone Dec 2021 #5
Looking At The Supreme Court, I'd Say They've Succeeded nt SoCalDavidS Dec 2021 #11
Pleading the 5th does not destroy the court system. The 5th is a right. . . .nt Bernardo de La Paz Dec 2021 #15
understood in this case but bluestarone Dec 2021 #16
He has to show up hot2na Dec 2021 #7
If he is granted immunity... Eyeball_Kid Dec 2021 #12
Isn't he also a standing member of the Federalist Society....well by golly he is turbinetree Dec 2021 #8
My understanding is you can't plead a blanket "no questions" unless under criminal charge muriel_volestrangler Dec 2021 #9
I am so sick of the rotted filthy garbage that trump and the republican party justhanginon Dec 2021 #10
John Eastman needs to be charged with "inciting a riot ." Let him plead the 5th at that trial. Stuart G Dec 2021 #13
What did TFG say? VWolf Dec 2021 #14
This is like phoning in a filibuster. Eyeball_Kid Dec 2021 #17
Not to worry because John Eastman wrote it all down on paper on the steps his client, TFG, had to .. Botany Dec 2021 #18
5th Slammer Dec 2021 #19
Give him immunity and force him to testify as he is a small fish. NT cstanleytech Dec 2021 #20
They only grant immunity to those that can testify or provide evidence against someone higher up the TexasTowelie Dec 2021 #21

C_U_L8R

(44,897 posts)
1. I hope they make him plead the fifth to every bit of evidence, even if it takes days
Fri Dec 3, 2021, 04:26 PM
Dec 2021

Turn on the cameras and bright lights and make this traitor squirm.

sdfernando

(4,897 posts)
3. This is exactly what needs to happen
Fri Dec 3, 2021, 04:30 PM
Dec 2021

All the witnesses MUST appear before the committee and respond to each question whether it be they answer or they plead the 5th, they must do it and it should be in public and on camera!

Walleye

(30,724 posts)
4. Make him come in and properly invoke his right, God dammit
Fri Dec 3, 2021, 04:30 PM
Dec 2021

Put the asshole under oath and make him answer every question with, I refuse to answer, either that or give him immunity this is crap. I’ve never heard of people invoking the fifth before they were even testifying. Sick of these scofflaws flouting everything that the rest of us have to obey. Treat him like a mob boss underling, that’s what he is

bluestarone

(16,722 posts)
16. understood in this case but
Fri Dec 3, 2021, 05:30 PM
Dec 2021

I believe their (TFG and company) plan, is to completely fill up our courts waiting on decisions. Plus installing THEIR judges causing lots of problems in our future!

hot2na

(353 posts)
7. He has to show up
Fri Dec 3, 2021, 04:32 PM
Dec 2021

He cant just say that he pleads the 5th and not show up. He has to show up and if there are any questions that actually may incriminate him, then he can plead the 5th. If this is the case then anyone who gets a subpoena can just plead the 5th and not show up.

I'm not a lawyer but my understanding is that he has to show up and answer questions. If he is asked a question that would not incriminate himself, he must answer the question.

Eyeball_Kid

(7,410 posts)
12. If he is granted immunity...
Fri Dec 3, 2021, 04:55 PM
Dec 2021

he then has no justification for not testifying. And he won't be able to plead the Fifth. If he still doesn't answer questions, he can then be cited for criminal contempt and be subjected to a jail sentence.

turbinetree

(24,632 posts)
8. Isn't he also a standing member of the Federalist Society....well by golly he is
Fri Dec 3, 2021, 04:39 PM
Dec 2021

and this organization has no fucking comment....why is that, because they run around and say they are a "non partisan debate club".....BS.....how many judges are now on the bench....I can name six sitting on the US Supreme Court.....

https://slate.com/news-and-politics/2021/01/john-eastman-federalist-society-capitol-insurrection.html


they even have a tax exempt status.....

The Federalist Society is a tax-exempt 501(c)(3) charitable organization. Our federal tax identification number is 36-3235550.Apr 9, 2018

https://fedsoc.org/planned-giving#:~:text=The%20Federalist%20Society%20is%20a,identification%20number%20is%2036%2D3235550.

So they can go to these non partisan debate clubs and foment what .... this BS



Just lock him up he admits it, just think if trump had won this "guy" would be locking up people that trump wanted locked up....let's not kid ourselves ......

muriel_volestrangler

(101,154 posts)
9. My understanding is you can't plead a blanket "no questions" unless under criminal charge
Fri Dec 3, 2021, 04:40 PM
Dec 2021
While the defendant in a criminal proceeding has the absolute
right to refuse to take the witness stand, "in any other situation, the
privilege [against self-incrimination] does not permit a person to avoid
being sworn as a witness or being asked questions. Rather the person
must listen to the questions and specifically invoke the privilege
rather than answer the questions."

https://core.ac.uk/download/pdf/33139585.pdf

Taken from: https://www.casemine.com/judgement/us/5914c107add7b049347b728b

And there seems to be another crap Trump lawyer (the one he thought about making Attorney General to run his coup) planning to use this, and a proper lawyer has already called 'bullshit':

Last night the Select Committee met and voted to refer Clark to the whole Congress for a vote on a criminal contempt referral to the Justice Department, the way it did for Steve Bannon. But they're giving him one more chance to get his shit together on Saturday, when he's scheduled to come in and testify again. According to Committee Chair Bennie Thompson, Clark's planning to plead the Fifth.

Which is his right, of course. But he can't just shout "I PLEAD THE FIFTH" and wander off. He'll have to answer every question by either invoking his right against self-incrimination, or explaining exactly what privilege he thinks allows him to refuse to answer. And if he tries that shit he pulled last month, he's getting the Bannon treatment.

Good thing he hired that Kraken lawyer to keep him out of trouble, right?

https://www.wonkette.com/trump-doj-lawyer-jeffrey-clark-lands-it-like-hindenberg-with-jan-6-committee

justhanginon

(3,287 posts)
10. I am so sick of the rotted filthy garbage that trump and the republican party
Fri Dec 3, 2021, 04:45 PM
Dec 2021

brought to Washington D.C. and foisted off on the American people as government. Not one of the toxic criminal scum that he ever appointed or even associated with including his immediate family should ever be allowed to disgrace the halls of our capitol again. If I had my way they would all be deported to a place to be determined later and not neccessarily limited this planet.

Stuart G

(38,365 posts)
13. John Eastman needs to be charged with "inciting a riot ." Let him plead the 5th at that trial.
Fri Dec 3, 2021, 04:55 PM
Dec 2021

....Let the jury decide if he "incited a riot"...and guess what???

You know the answer on that one...If he is charged, he will be convicted. Just like the Trumper & his crowd..

"The Time is Coming the Walrus Said,
For Cabbages and Kings"
';

As stated earlier, Trump will be charged by NY Atty General., (tax evasion)
There will be a trial, and Mr. Trump will lose.
It will be very ugly..
Mr. Trump hasn't got a clue, ..says Stu.

Just wait and see......
How happy we will all be...

Eyeball_Kid

(7,410 posts)
17. This is like phoning in a filibuster.
Fri Dec 3, 2021, 05:47 PM
Dec 2021

Lawyer calls into the 1/6 Committee to say that his client will invoke the Fifth.

NO... Eastman is NOT on the record as invoking the Fifth because he hasn't been asked any questions. Thompson knows this and he MUST ignore the letter and proceed with a criminal referral. The letter means nothing.

Botany

(70,291 posts)
18. Not to worry because John Eastman wrote it all down on paper on the steps his client, TFG, had to ..
Sat Dec 4, 2021, 11:19 AM
Dec 2021

...do in order to break the law and violate the US Constitution to stay in power. My friend who is a
lawyer when talking about Eastman is rule #1 as a lawyer is if you are going to break the law do not
put it on paper.

Slammer

(714 posts)
19. 5th
Sat Dec 4, 2021, 04:45 PM
Dec 2021

As I understand the law and Constitutional issues:

He can show up and plead the 5th to every last question which is put to him.

However, he cannot refuse to show up by saying that every last question which the committee could possibly choose to ask him would be unanswerable due to the 5th.

He cannot possibly have an encyclopedic knowledge of every question which might possibly be asked of him by each of the persons on the committee. And every question could not possibly be used to incriminate him.

"White House records show you were on vacation on August 5th. Were you on vacation at that time?"

"What did you think about the mental state of the president in the days after the election?"

"What's your favorite color?"

TexasTowelie

(111,313 posts)
21. They only grant immunity to those that can testify or provide evidence against someone higher up the
Sun Dec 5, 2021, 02:22 PM
Dec 2021

chain of command or least substantiate more severe crimes from other insurrectionists. If he can't provide such testimony, then there isn't a reason to grant immunity. It's difficult to reach a plea bargain when there is nothing to be offered in return.

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