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    Judge Will Review Lawyer’s Emails Sought by Jan. 6 Panel

    A federal judge said he would decide whether emails to and from John Eastman should be released to the House committee investigating the attack on the Capitol.WASHINGTON — A federal judge said on Wednesday that he would review 111 emails that the lawyer John Eastman, an ally of former President Donald J. Trump, is attempting to keep from the House committee investigating the Jan. 6 Capitol attack, as the panel works to force the release of documents from lawyers involved in plans to overturn the 2020 election.Judge David O. Carter, of the United States District Court for the Central District of California, said in an order that he would review emails Mr. Eastman had sent and received between Jan. 4 and Jan. 7 of last year as he decides whether to release them to the committee.Judge Carter made no mention of the committee’s most explosive argument in the case: that Mr. Eastman’s emails are not protected by attorney-client privilege because they were part of a criminal conspiracy.“Ultimately, the court will issue a written decision including its full analysis and its final determination of which, if any, documents must be disclosed to the Select Committee,” the judge wrote.The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among the group of lawyers working on behalf of Mr. Trump was Mr. Eastman, who the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Before the attack on the Capitol, Mr. Eastman wrote a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman privately conceded that the maneuver was likely illegal, the committee said.The arguments were prompted by a suit Mr. Eastman had filed against the committee, attempting to block its subpoena. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Charles Burnham, Mr. Eastman’s lawyer, argued that neither Mr. Eastman nor Mr. Trump had committed a crime because they genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false — as they worked to try to keep Mr. Trump in power.The judge’s decision came as two more lawsuits were filed against the committee, bringing to at least 21 the total of potential witnesses or organizations who have sued to trying to block the panel’s efforts to collect information from or about them.One suit, filed by former Trump adviser Stephen Miller, sought to block the committee from accessing his phone records, arguing in part that the panel is invading his parents’ privacy since he is on their family plan.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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    Trump Officials Illegally Campaigned While in Office, Watchdog Finds

    Mr. Trump’s son-in-law and his chief of staff are among those accused of violating a law designed to prevent federal employees from abusing their power.WASHINGTON — Thirteen of President Donald J. Trump’s most senior aides — including his son-in-law and his chief of staff — campaigned illegally for Mr. Trump’s re-election in violation of a law designed to prevent federal employees from abusing the power of their offices on behalf of candidates, a government watchdog agency said Tuesday.Henry Kerner, who heads the Office of Special Counsel, made the assertion in a withering report that followed a nearly yearlong investigation into “myriad” violations of the law, known as the Hatch Act.“Senior Trump administration officials chose to use their official authority not for the legitimate functions of the government, but to promote the re-election of President Trump in violation of the law,” the report concluded.Investigators in Mr. Kerner’s office said Trump administration officials purposely violated the law prohibiting political activity during the final few weeks of the administration, when they knew that the Office of Special Counsel would not have time to investigate and issue findings before Election Day.“The administration’s willful disregard for the law was especially pernicious considering the timing of when many of these violations took place,” the report said.Violations of the Hatch Act are not uncommon for any presidential administration. In October, Jen Psaki, the White House press secretary, apologized after an outside group accused her of violating the law by commenting in the White House press room on the pending governor’s race in Virginia.But the Kerner report describes something more rare: a concerted, willful effort to violate the law by the most senior officials in the White House. The Washington Post disclosed the report’s release earlier on Tuesday.The people accused of breaking the law are a who’s who of Trump officials: Secretary of Energy Dan Brouillette; Kellyanne Conway, counselor; Alyssa Farah, White House communications director; David Friedman, ambassador to Israel; Jared Kushner, senior adviser; Kayleigh McEnany, press secretary; Mark Meadows, chief of staff; Stephen Miller, senior adviser; Brian Morgenstern, deputy press secretary; Robert C. O’Brien, national security adviser; Marc Short, chief of staff to the vice president; Secretary of State Mike Pompeo; and Acting Secretary of Homeland Security Chad Wolf.The report said that Mr. Pompeo and Mr. Wolf violated the law through their actions during the Republican National Convention, which took place at the White House because of the pandemic.It said Mr. Pompeo campaigned illegally “by changing U.S. Department of State (State Department) policy to allow himself to speak at the convention and then, when engaging in political activity by delivering that speech, using his official authority by repeatedly referencing the work of the State Department.”Mr. Wolf “violated the Hatch Act by presiding over a naturalization ceremony that was orchestrated for the purpose of creating content for the convention,” the report said.The rest of the officials broke the law by overtly campaigning “during official interviews or media appearances.”“The administration’s attitude toward Hatch Act compliance was succinctly captured by then-Chief of Staff Mark Meadows, who said during an interview that ‘nobody outside of the Beltway really cares’ about Trump administration officials violating the Hatch Act,” the report said in its executive summary.Noah Bookbinder, the president of Citizens for Responsibility & Ethics in Washington, which filed complaints about the actions of Trump administration officials, on Tuesday praised the report from the Office of Special Counsel.“This report confirms that there was nothing less than a systematic co-opting of the powers of the federal government to keep Donald Trump in office,” Mr. Bookbinder said in a statement. “Senior Trump administration officials showed an open contempt for the law meant to protect the American people from the use of taxpayer resources and government power for partisan politics.”Mr. Bookbinder called on Congress to toughen the laws prohibiting political activity by federal employees.The Office of Special Counsel report notes that none of the people named will face any punishment for their violations because it is up to the incumbent president to discipline his top employees.“President Trump not only failed to do so, but he publicly defended an employee OSC found to have repeatedly violated the Hatch Act,” the report said. “This failure to impose discipline created the conditions for what appeared to be a taxpayer-funded campaign apparatus within the upper echelons of the executive branch.”Emails to several representatives of Mr. Trump were not answered. More

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    Court Filing Lists Documents Trump Seeks to Withhold From Jan. 6 Inquiry

    The National Archives says the former president is asserting executive privilege over phone logs, notes and other records concerning the attack on the Capitol.WASHINGTON — Former President Donald J. Trump is seeking to block from release a wide range of documents related to the Jan. 6 attack on the Capitol, the National Archives said Saturday in an early-morning federal court filing detailing what Mr. Trump is fighting to keep secret.In the filing, in the United States District Court for the District of Columbia, John Laster, the director of the National Archives’ presidential materials division, laid out for the first time exactly which documents Mr. Trump was asserting executive privilege over. The former president is hoping to prevent the documents from being reviewed by the House committee empowered to investigate the mob violence at the Capitol.According to the filing, Mr. Trump has asserted executive privilege specifically over 770 pages of documents, including 46 pages of records from the files of Mark Meadows, his former chief of staff; Stephen Miller, his former senior adviser; and Patrick Philbin, his former deputy counsel. Mr. Trump is also objecting to the release of the White House Daily Diary — a record of the president’s movements, phone calls, trips, briefings, meetings and activities — as well as logs showing phone calls to the president and to Vice President Mike Pence concerning Jan. 6, Mr. Laster wrote.Mr. Trump has also asserted executive privilege over 656 pages that include proposed talking points for Kayleigh McEnany, his former press secretary; a handwritten note concerning Jan. 6; a draft text of a presidential speech for the “Save America” rally that preceded the mob attack; and a draft executive order on the topic of election integrity, the filing states.Finally, Mr. Trump asserted executive privilege over 68 additional pages, including a draft proclamation honoring the Capitol Police and two officers who died after the riot, Brian D. Sicknick and Howard Liebengood, as well as related emails; a memo about a potential lawsuit against several states that Joseph R. Biden Jr. won in the November election; an email chain from a state official regarding election-related issues; and talking points on alleged election irregularities in one Michigan county.The filing comes in response to a lawsuit Mr. Trump filed this month against the National Archives seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 riot.In that lawsuit, in a 26-page complaint, a lawyer for Mr. Trump argued that the materials must remain secret as a matter of executive privilege. The lawyer said the Constitution gave the former president the right to demand their confidentiality even though he was no longer in office — and even though President Biden has refused to assert executive privilege over them.The lawsuit touched off what is likely to be a major legal battle between Mr. Trump and the House committee investigating the Jan. 6 attack, in which a mob of his supporters stormed the Capitol seeking to disrupt Congress’s counting of electoral votes to formalize Mr. Biden’s victory. Its outcome will carry consequences for how much the panel can uncover about Mr. Trump’s role in the riot, pose thorny questions for the Biden administration and potentially forge new precedents about presidential prerogatives and the separation of powers.The leaders of the committee, Representative Bennie Thompson, Democrat of Mississippi, and Representative Liz Cheney, Republican of Wyoming, have condemned Mr. Trump’s lawsuit as “nothing more than an attempt to delay and obstruct our probe.”“It’s hard to imagine a more compelling public interest than trying to get answers about an attack on our democracy and an attempt to overturn the results of an election,” Mr. Thompson, the committee’s chairman, and Ms. Cheney, the vice chairwoman, wrote in a statement after the suit’s filing.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More