“Based on the evidence, the court finds it more likely that President Trump attempted to obstruct the January 6, 2021, joint session of Congress,” Judge David Carter said in a ruling Monday in Santa, California.
Obstruction of an official procedure
This may constitute a criminal offense of obstructing or attempting to obstruct official proceedings. Carter ordered Trump adviser John Eastman to deliver 101 emails to the inquiry committee into Trump supporters who stormed Capitol Hill.
Trump asked his Vice President Mike Pence to prevent official confirmation of Biden’s election victory at the joint session of Congress on January 6, 2021. Pence, who chaired the session, declined. After an inciting speech by Trump, his supporters stormed Congress. The attack killed five people and injured dozens.
Before storming the Capitol
The attack on the heart of American democracy has shaken the country. Trump claims to this day that he was deprived of his election victory through fraud. However, his field failed with dozens of lawsuits against the election results.
“President Trump and Dr. Eastman justified the plan with allegations of election fraud – but President Trump likely knew that this justification was baseless and therefore the entire plan was illegal,” Carter said in the ruling. “The illegality of the plan was obvious.” Every American knows that in a democracy, politicians are elected, not sworn in. “President Trump knowingly tried to undermine this fundamental principle.” Had the plan worked, “it would have permanently ended the peaceful transfer of power.”
no charges yet
So far, neither Trump nor Eastman have had to face criminal charges for the assault on Congress. Carter made it clear that his case was only about a dispute over e-mail disclosure. “It’s not a criminal case.” However, Carter demanded that the events be clarified on January 6, 2021 and that those responsible be held accountable. Otherwise, the court fears “that January 6 will be repeated”.