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    Trump discussed ‘burner phones’ several times, John Bolton says

    Trump discussed ‘burner phones’ several times, John Bolton saysRevelation from former national security adviser raises pressure on Trump as lawmakers investigate gaps in January 6 call logs John Bolton, the former national security adviser, has revealed that he heard Donald Trump use the term “burner phones” several times and that they discussed how the disposable devices were deployed by people as a way of avoiding scrutiny of their calls.Bolton’s intervention compounds Trump’s difficulties amid a billowing controversy relating to seven hours and 37 minutes that are missing in official call logs. The gap occurs in records made for 6 January last year – the day of the violent insurrection at the US Capitol.The Washington Post and CBS News disclosed on Tuesday that the House committee investigating the insurrection is looking into a “possible cover-up” of the White House records. Documents originally held by the National Archives and turned over to the committee earlier this year showed a gap in Trump’s phone calls spanning precisely the period when hundreds of his supporters stormed the Capitol building.Records show long gap in Trump phone logs as January 6 violence unfoldedRead moreThe news outlets, which obtained 11 pages of records including Trump’s official daily diary and a call log for the White House switchboard, reported that the House panel has begun an investigation into whether Trump used disposable “burner phones” to sidestep scrutiny.In a statement to the Post/CBS News, Trump said: “I have no idea what a burner phone is, to the best of my knowledge I have never even heard the term.”Not true, according to Bolton. In an interview with the Post/CBS News, the former national security adviser said that he recalled Trump “using the term ‘burner phones’ in several discussions and that Trump was aware of its meaning”.Bolton added that he and Trump had spoken “about how people have used ‘burner phones’ to avoid having their calls scrutinized,” according to Robert Costa, author of the Post/CBS News revelations along with Bob Woodward.At the heart of the January 6 committee investigation is whether Trump was directly involved in coordinating the breach of security at the Capitol on the day that Joe Biden’s victory in the 2020 presidential election was to be certified by Congress. What Trump did, and whom he talked to, as the insurrection was unfolding is central to the inquiry.The call logs obtained by the committee show that Trump spoke to several close associates on the morning of January 6, including his lawyer Rudy Giuliani and former senior adviser Steve Bannon. His daily diary shows an entry at 11.17 am for a phone call with “an unidentified person”, but after that the records fall silent.The next phone log is at 6.54pm when Trump asked the White House switchboard to put him through to his communications chief, Dan Scavino.In those intervening 457 minutes Trump supporters and white supremacist groups had broken through police barricades, forcing vice-president Mike Pence, who was overseeing the certification process, into hiding. A bipartisan Senate report connected seven deaths to the attack with more than 100 law enforcement officers injured.TopicsDonald TrumpUS Capitol attackUS politicsJohn BoltonnewsReuse this content More

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    What Is Vladimir Putin’s Endgame?

    After a series of horrific events, I am sat wearing four layers of clothing while penning this piece. Other than at the time I was writing the article, “Is Moscow Turning Off the Gas Tap?” — when the heating was coincidently not working at my office — I decided to turn off my radiator on purpose.

    Ending the War in Ukraine

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    Ridiculous as it might sound, it is my tiny attempt to act against Russia’s invasion of Ukraine, to somehow fight this sense of helplessness, being forced to watch the events unfold, without being able to do much.

    Building Up to War in Ukraine

    It all started a couple of days before February 24, which is when Russia invaded Ukraine. I was preparing for a trip to Kyiv to check on my friends in the Ukrainian capital. Following the latest developments, I tried to find any information that would confirm what the Russian ambassador to the EU had stated on February 16. Vladimir Chizhov said there would “be no escalation in the coming week, or in the week after that, or in the coming month.” Saying one thing and doing another has long been part of the Russian political playbook. Yet the cynicism in saying that wars in Europe “rarely start on a Wednesday” — in reference to US intelligence reports — just to actually invade eight days later is unacceptable.

    On Sunday, February 20 at around 10 pm, I ultimately decided not to set the alarm for later that night in order to arrive at the airport on time. I went to bed with a heavy heart and a sense of cowardice: I decided not to travel to Kyiv. I felt as if I had betrayed the Ukrainian people, especially my friend, who assured me that everything was fine and everyone was calm. Over the next few days, I tried to drown out the voice in the back of my head saying, “You should have gone” by repeating this mantra to myself: If you bring an umbrella, it will not rain.

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    And then we all heard the news. I can only imagine how it must have felt to be actually woken up by air raid sirens — it’s unfathomable. I saw a map of Ukraine showing where the Russian bombs hit. I reached out to friends and colleagues in these places. So far, they are fortunately all fine. I admire their strength and bravery for remaining in Ukraine.

    Back in the office in Vienna, I sat with my colleagues. While we tried to at least grasp what this meant for all of us, we began to realize that this was not just another crisis; this was a decisive development in history. This is war in Europe. It is not the first conflict in Europe since the end of World War II. It is not even the first in Ukraine; the country has been at war since 2014. Back then, during the Revolution of Dignity, the Euromaidan, Ukrainians gave their lives for democracy, our democracy.

    That is precisely why it is only logical for Ukraine to apply for membership in the European Union. Although there is no shortcut to joining the EU, under certain circumstances, it can become possible. Membership in the union should not only remain symbolic. I have written more about this here. In fact, I have been arguing with colleagues about granting such rights to all eastern partnership target countries since 2009. This would, of course, not have prevented anything today. Other actions might have, such as reducing the import dependency on natural resources after the Russia–Ukraine gas crisis of the same year.

    But there is no use in dwelling on the past. Instead, I want to think about the future. Therefore, I have compiled five different scenarios about how the situation in Ukraine could develop. None of them must become a reality, and some of them, hopefully, will not.

    1: All-out (Nuclear) War

    Nuclear war is certainly the worst-case scenario for all sides. An increasingly frustrated and isolated Vladimir Putin, the president of Russia, decides to use tactical nuclear weapons to submerge the Ukrainian resistance. Even if it will “only” involve non-nuclear attacks continuing the obliteration of whole cities and committing war crimes, the democratic international community seriously asks themselves if they can allow this to happen.

    Even if they do, the probability that Putin will stop at the border with Poland, Hungary, Slovakia, the Baltics or Finland is delusional. Consequently, NATO, sooner or later, has to get involved, resulting in World War III.

    I believe that we are actually already at war since February 24 but haven’t realized it yet. It might also continue as a war of attrition and continue indefinitely.

    2: Novorossiya

    This second scenario refers to what Putin himself mentioned in one of his infamous television Q&As in 2014. It has been used in various contexts, with reference to Alexander Dugin, but also as an idea raised by the so-called People’s Republics in Donetsk and Luhansk of the Donbas region in eastern Ukraine. The planned confederation was ultimately not implemented.

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    The reference dates back to a more or less geographically same area referred to as “New Russia” during the Soviet era until the turn of the century. In any case, Putin mentioned the cities of Kharkiv, Luhansk, Donetsk, Kherson, Mykolaiv and Odessa — essentially the whole Black Sea coast of Ukraine, linking up the Russian Federation with Transnistria. Since the Transnistria War in 1992, Russian troops have been stationed in the breakaway territory, which is officially part of Moldova.

    This scenario involves the creation of many more “people’s republics,” which are under the influence — politically and economically — of the Kremlin and dependent on it. Recognition of such republics by Moscow or even integration into the Russian Federation is also a possibility.

    Further separatist regions beyond Ukraine are also declared, expanding Russian influence even more. This takes place mostly in the Caucasus, but also in the direction of the former spheres of influence of the Soviet Union.

    3: Fragmentation

    In a more hopeful scenario, Putin’s aggression leads to destabilization within the Russian Federation. While having to devote a majority of the country’s military capacities but also attention and political capital toward Ukraine, old separatist attempts resurface.

    The control over Chechnya is substantially weakened due to the de-facto defeat of Ramzan Kadyrov’s forces. But also further disintegration occurs. Not necessarily violently, but more economic-based toward dependence of Siberia on China or Vladivostok on Japan. The resulting fragmentation and volatility have major consequences for the whole neighborhood but also geopolitically.

    4: Coup d’état

    There have been (too optimistic) rumors about a possible coup being planned by the Federal Security Service (FSB) of Russia. Leaks from the “Wind of Change” lead to an ousting of Putin and his closest circle.

    While it cannot be ruled out, there should not be any false hope. If the security forces and/or the military carry out a coup d’état, we will not see any democratic regime change.

    Most likely, the people belonging to the closest circle of power are replaced, but the mafia system continues with a new godfather who ends the war but distributes the spoils. It is also possible that we will see a military hard-liner taking charge, which could then end in scenario one.

    5: Democratic Revolution

    The most optimistic, but unfortunately most unlikely, scenario would foresee the sanctions against Russia and the isolation of the federation as leading to the people bringing regime change and possibly democratization.

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    In a Maidan-style occupation of the Red Square, Putin is unable to suppress the opposition any longer. It takes a lot of time to account for past actions, reconciliation and anti-corruption measures, but the missed opportunity of the 1990s is finally taken up. Coupled with the enlarged EU economic and security cooperation, there is now a counterpart to the geopolitical volatility caused by China’s ambitions and the political instability of the United States.

    The Outlook

    Regardless of which direction the situation takes (although I most certainly have a preference), it is necessary to be prepared for all eventualities. It is a good sign that there has been enough awareness for Ukraine as well as the necessity to think about the economic requirements to rebuild after the war.

    Nevertheless, it is possible to achieve peace, especially with regard to the importing of oil and gas from Russia. Far too often, we are focused on the immediate costs and do not look at the possibilities. A transition to renewable energy is more necessary than ever, but the hesitancy has kept us dependent on Moscow. Just imagine what the situation would have looked like if a transition had been sped up in 2009.

    Hopefully, we have finally learned the lesson. After all, the price we pay is just money. Ukraine is paying with its life, its infrastructure and, ultimately, its future.

    *[Fair Observer is a media partner of the Institute for the Danube Region and Central Europe.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    When Will We Know the Bleeding Truth?

    In an article for Bloomberg, British historian Niall Ferguson expresses his strategic insight into the real motives of the Biden administration concerning the course of the war in Ukraine. Officially, the US claims to be acting in the interest of Ukraine’s defense in an effort to support democracy and reaffirm the principle of sovereignty that permits any country to join an antiquated military alliance directed by the United States, on the other side of a distant ocean.

    Less officially, President Joe Biden has been emphasizing the emotional side of US motivation when he wants to turn Russia into a “pariah,” while branding its president as a “war criminal” and a “murderer.” Biden’s rhetoric indicates clearly that whatever purely legal and moral point the United States cites to justify its massive financial engagement in the war, its true motivation reflects a vigilante mindset focused on regime change.

    A Russian-American Game of Mirrors

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    The administration denies it has regime change on its mind. But Ferguson cites a senior administration official who privately confided that Biden’s “end game now … is the end of Putin regime.” The historian concludes that rather than seek a negotiated end to the war, the US “intends to keep this war going.”

    As usual in foreign policy matters, Ferguson notes a certain convergence of viewpoint from his own government. He quotes an anonymous source affirming that the United Kingdom’s “No. 1 option is for the conflict to be extended and thereby bleed Putin.” A little later in the article, Ferguson qualifies as “archetypal Realpolitik” the American intent “to allow the carnage in Ukraine to continue; to sit back and watch the heroic Ukrainians ‘bleed Russia dry.’”

    Today’s Weekly Devil’s Dictionary definition:

    Bleed (a country):

    To encourage and prolong an unnecessary and unjustified conflict in the interest of sucking the life out of the political establishment of a declared enemy, a process that usually automatically implies sucking the life out of at least one other country, including eventually one’s own

    Contextual Note

    Ferguson dares to question the dominant belief in the US that bleeding Russia is a recipe for success. “Prolonging the war runs the risk not just of leaving tens of thousands of Ukrainians dead and millions homeless, but also of handing Putin something that he can plausibly present at home as victory,” he writes.

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    When the focus is both on bleeding and prolonging the combat, there is a strong likelihood that the bleeding will be shared. If a boxer sees a cut over his opponent’s eye, he may strategically focus all his punches on the opponent’s face hoping for a technical knockout. But, by focusing on the loss of blood, he may drop his guard with the risk of getting knocked out or opening his own bleeding wound.

    “I fail to see in current Western strategizing any real recognition of how badly this war could go for Ukraine in the coming weeks,” Ferguson observes. The reason may simply be that the hyperreal moment the Western world is now living through is proving too enjoyable to critique, at least for the media. The more horror stories of assaults on innocent civilians make their way into the headlines, the more the media can play the morally satisfying game of: here’s one more reason to hate Vladimir Putin.

    If the White House is focused, as it now appears, not on saving Ukrainian democracy but on bleeding Russia, all the stories of Russian abuse of brave civilians are designed with the purpose of prolonging the war, in the hope that, discredited by Putin’s failure to break Ukraine’s resistance, Russians will revolt and depose the evil dictator. In the meantime, those Ukrainians who manage to survive are being asked to play the supporting role of watching their country reduced to ruins.

    Ferguson speculates that US strategists have come to “think of the conflict as a mere sub-plot in Cold War II, a struggle in which China is our real opponent.” That would be an ambitious plan, riddled with complexity. But the Biden administration has demonstrated its incapacity to deal effectively even with straightforward issues, from passing the Build Back Better framework in the US to managing a pandemic.

    The Ukraine situation involves geopolitics, the global economy and, even more profoundly, the changing image of US power felt by populations and governments across the globe. At the end of his article, the historian describes this as an example of dangerous overreach, claiming that “the Biden administration is making a colossal mistake in thinking that it can protract the war in Ukraine, bleed Russia dry, topple Putin and signal to China to keep its hands off Taiwan.”

    Historical Note

    One salient truth about Americans’ perception of the Ukraine War should be evident to everyone. Today’s media thoroughly understands the American public’s insatiable appetite for the right kind of misinformation. Niall Ferguson makes the point that the US government may nevertheless be inept in providing it. The history of misinformation in times of war over the past century should provide some clues.

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    In 1935, Major General Smedley Butler wrote a book describing the logic behind his own service on several continents. Its title was “War Is a Racket.” He described the American vision of war as a quest for corporate profit. He tried to warn the nation of the inhumanity of such an approach to the use of military force. He manifestly failed because he was late to the game. Back in 1917, Edward Bernays, the “father of Public Relations,” seduced the American public into believing that the only motive for the nation’s invasions and wars is the spreading of democracy. It was Bernays who provided Woodrow Wilson with the slogan “make the world safe for democracy.”

    For the rest of his life, Bernays not only helped private companies boost their brands, he also consulted on foreign policy to justify regime change when it threatened a customer’s racket. In 1953, working for United Fruit, he collaborated with President Dwight Eisenhower’s secretary of state, John Foster Dulles, and his brother, CIA Director Allen Dulles, to overthrow Jacobo Arbenz, the elected president of Guatemala. Arbenz had a plan to redistribute to the country’s impoverished peasants “unused land” monopolized by United Fruit. In a 2007 article for the Financial Times, Peter Chapman recounted that both Dulles brothers were “legal advisers” to United Fruit. Chapman notes that the company was also involved in the 1961 CIA-led Bay of Pigs invasion.

    In other words, concerning their impact on the American psyche, Bernays the PR man defeated Butler, celebrated at the time as America’s greatest living war hero. His fame was such that a group of powerful fascist-leaning businessmen tried to recruit him to overthrow President Franklin D. Roosevelt in the infamous 1933 “Business Plot.”

    Americans continue to rally around Bernays’ genius for reducing a suspect ideology to a catchy slogan. American interventions abroad are framed as noble efforts to support democracy and promote American business (Butler called them rackets). It’s a population of avid consumers of the media’s plentiful supply of misinformation.

    There are nevertheless odd moments when real information breaks through, though it rarely leaves much lasting impact. Last week, the Pentagon leaked news contradicting the narrative the State Department, the intelligence community and US media have unanimously adopted and promoted. In the Defense Department’s view, Russia’s invasion is not an example of unrestrained sadism toward the Ukrainian people. “As destructive as the Ukraine war is,” Newsweek reports, “Russia is causing less damage and killing fewer civilians than it could, U.S. intelligence experts say.”

    Embed from Getty Images

    The US military establishment calls it the “Russian leader’s strategic balancing act,” observing that Russia has acted with restraint. It realistically assesses that, far from seeking to subdue and conquer Ukraine, Putin’s “goal is to take enough territory on the ground to have something to negotiate with, while putting the government of Ukraine in a position where they have to negotiate.”

    Ferguson has gleaned his own evidence concerning US and UK strategy that “helps explain, among other things, the lack of any diplomatic effort by the U.S. to secure a cease-fire. It also explains the readiness of President Joe Biden to call Putin a war criminal.” Peace is no objective. Punishment is. This is a case where the Pentagon has received the message of Smedley Butler and dares to contradict an administration guided by the logic of Edward Bernays.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Fair Observer Devil’s Dictionary.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Ivanka Trump is helping Ukrainian refugees – it’s a far cry from her days palling around with oligarchs | Arwa Mahdawi

    Ivanka Trump is helping Ukrainian refugees – it’s a far cry from her days palling around with oligarchsArwa MahdawiThe former president’s daughter has announced she helped deliver more than a million meals to Ukrainian refugees in Poland. How things have changed since the Abramovich party days Is it a bird? Is it a plane? No, it’s Ivanka Trump swooping in to save Ukraine. Nato may not be giving Volodymyr Zelenskiy the no-fly zone he wants, but he can at least take solace in the fact that he has the full force of Saint Ivanka by his side.If you haven’t heard about the former first daughter’s latest selfless humanitarian exertions, it’s not because she has been modest about them. Ivanka has kept a low profile since her father lost the 2020 election, but has recently stepped back into the spotlight to ensure her good deeds don’t go unnoticed. On Friday, Ivanka updated her Instagram account for the first time since January with a post trumpeting the fact that she has helped deliver more than a million meals to Ukrainian refugees in Poland. Fox News also published a long puff piece full of adoring quotes from anonymous sources and a Florida pastor she is working with about how a plane full of food destined for refugees would never have got off the ground “if it weren’t for [Ivanka’s] immediate involvement”.Don’t get me wrong, helping refugees should always be applauded. Hurrah Ivanka! But it’s easy to be cynical about a Trump’s charity; quid pro quo seems to be the family motto. Donald Trump withheld congressionally approved military aid to Ukraine in 2019, 90 minutes after a phone call with Zelenskiy in which Trump seems to have pressured him for a favour – the subject of Trump’s first impeachment. Weirdly, I don’t recall Ivanka being quite so concerned about the Ukrainian people back then. She was, after all, busy palling around with oligarchs in Vladmir Putin’s inner circle, such as Roman Abramovich.People change, of course. I’ll be the first to admit that Ivanka is a very different person now to how she was when Dad was in power. She’s in the middle of fighting a fraud case for one thing and, very embarrassingly and inconveniently, Trump can’t prevent himself from calling Putin “smart”. There’s nothing like clinging to a crisis to help whitewash your image.TopicsIvanka TrumpOpinionUS politicsUkraineEuropefeaturesReuse this content More

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    Biden targets America’s wealthiest with proposed minimum tax on billionaires

    Biden targets America’s wealthiest with proposed minimum tax on billionairesTax on households over $100m aims to ensure wealthiest Americans no longer pay lower rate than teachers and firefighters Joe Biden proposed a new tax on America’s richest households when he unveiled his latest budget on Monday.The Biden administration wants to impose a 20% minimum tax on households worth more than $100m. The proposal would raise more than $360bn over the next decade and “would make sure that the wealthiest Americans no longer pay a tax rate lower than teachers and firefighters”, according to a factsheet released by the White House.‘I make no apologies’: Biden stands by ‘Putin cannot remain in power’ remarkRead moreThe plan – called the “billionaire minimum income tax” – is the administration’s most aggressive move to date to tax the very wealthiest Americans.The tax is part of Biden’s $5.8tn budget proposal for 2023, which also sets aside billions for the police and military as well as investments in affordable housing, plans to tackle the US’s supply chain issues and gun violence.“Budgets are statements of values, and the budget I am releasing today sends a clear message that we value fiscal responsibility, safety and security at home and around the world, and the investments needed to continue our equitable growth and build a better America,” Biden said in a statement.Billionaire wealth grew significantly during the coronavirus pandemic, helped by soaring share prices and a tax regime that charges investors less on their gains than those taxed on their income.“In 2021 alone, America’s more than 700 billionaires saw their wealth increase by $1tn, yet in a typical year, billionaires like these would pay just 8% of their total realized and unrealized income in taxes. A firefighter or teacher can pay double that tax rate,” the White House factsheet notes.Under the plan households worth more than $100m would have to give detailed accounts to the Internal Revenue Service of how their assets had fared over the year. Those who pay less than 20% on those gains would then be subject to an additional tax that would take their rate up to 20%.The Biden administration calculates that the tax would affect only the top 0.01% of American households, those worth over $100m, and that more than half the revenue would come from households worth more than $1bn.The budget also looks set to tackle another issue that some economists have argued contributes to widening income inequality: share buybacks.In recent years cash-rich companies including Apple, Alphabet, Meta and Microsoft, have used their funds to buy back huge quantities of their own shares, boosting their share price. Last year companies in the S&P 500 bought back a record $882bn of their own shares and Goldman Sachs estimates that figure will rise to $1tn this year.Critics say that the purchases divert money from hiring new staff, raising wages and research and development.Research by the Securities and Exchange Commission (SEC) shows that there is “clear evidence that a substantial number of corporate executives today use buybacks as a chance to cash out”.The Biden proposal would stop executives from selling their shares for three years after a buyback is announced.Biden attempted to impose a 1% tax on share buybacks last year but the proposal failed in Congress. Both Biden’s billionaire tax and the share buyback proposal will also face tough opposition in Congress.TopicsUS taxationBiden administrationUS politicsUS economyJoe BidenUS domestic policynewsReuse this content More

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    Judge says Trump ‘likely’ committed crimes in bid to block Biden victory

    Judge says Trump ‘likely’ committed crimes in bid to block Biden victoryScheme to retain presidency ‘a coup in search of a legal theory’Trump lawyer John Eastman ordered to hand over emails Donald Trump appears to have committed multiple felonies as he sought to return himself to power on 6 January, a judge said in a Monday ruling that ordered the Trump lawyer John Eastman to turn over hundreds of emails to the House select committee investigating the Capitol attack.The extraordinary ruling marks a breakthrough and paves the way for the select committee to obtain some of Eastman’s most sensitive emails concerning his illegal scheme to overturn the 2020 election, which he had attempted to shield from the inquiry.Questions abound as Trump raises – and hoards – huge sums of 2024 cash Read more“Based on the evidence the court finds that it is more likely than not that President Trump and Dr Eastman dishonestly conspired to obstruct the joint session of Congress on January 6 2021,” ruled Judge David Carter.Trump and Eastman launched a campaign to overturn a democratic election in a strategy that was unprecedented in American history, Carter said, describing their scheme as a “coup in search of a legal theory” and directly spurred the Capitol attack.The judge’s order is perhaps the first time ever that a federal court has found a president may have committed a crime while in office – and raises the stakes for the justice department, which has vowed to pursue January 6 criminal cases at any level.The decision will also serve to undercut Trump’s claim that the investigation is a partisan effort to hurt him politically, now that the select committee’s inquiry has been reaffirmed through the imprimatur of a federal court. It also comes amid reports that Trump’s son-in-law and close aide during his presidency, Jared Kushner, is scheduled to appear before the January 6 panel this week.The select committee has been pursuing Eastman’s emails around the time of the Capitol attack since he was the architect of the brazen and unlawful scheme to have Mike Pence, then the vice-president, stop the certification of Biden’s election win on January 6.The scheme – one of several devised by Eastman and political operatives working from a Trump “war room” in the Willard hotel in Washington – called for Pence to refuse to count the electoral college votes for Biden and ultimately return Trump to the presidency.But Eastman refused to turn over several hundred emails related to the effort despite a subpoena from the select committee, claiming that those communications were protected by attorney-client privilege since he acted as counsel to the former president.Carter ruled that the possible criminal activity between Trump and Eastman in the days leading up to 6 January meant one document was subject to the so-called crime-fraud exception to claims of attorney-client privilege and must therefore be released to the panel.The document is an email chain forwarded to Eastman by Trump’s former attorney Rudy Giuliani that recommended the then vice-president, Mike Pence, reject electors for Biden at the certification of his election victory in the 2020 election, the ruling said.In the draft memo that advanced the plan to obstruct the congressional certification, the Trump lawyers transformed their interpretation of the Electoral Count Act that governed the process into a day-by-day plan that they knew violated the statute, the ruling said.“Because the memo likely furthered the crimes of obstruction of an official proceeding and conspiracy to defraud the United States, it is subject to the crime-fraud exception and the court orders it to be disclosed,” Carter wrote.The crime-fraud exception does not require a completed crime or fraud, the ruling said, only that the client consulted the attorney in an effort to complete one. The exception applies even if the attorney does not participate in the criminal activity.But the select committee indicated they believed Eastman had engaged in criminal activity after he conceded in a separate email that his scheme to have Pence stop or adjourn Biden’s certification on 6 January was unlawful – yet urged Pence to do it anyway.The judge appeared to agree with the panel and said in the ruling that even if Eastman might be correct that the Electoral Count Act was at odds with the constitution, it did not give Trump license to defy, or allow him to circumvent, the statute.“Disagreeing with the law entitled President Trump to seek a remedy in court, not to disrupt a constitutionally mandated process,” Judge Carter said. “This plan was a last-ditch attempt to secure the presidency by any means.”TopicsUS Capitol attackDonald TrumpUS politicsnewsReuse this content More