The ruling by U.S. District Court Judge David Carter marked a major legal victory for the commission, as seen in the correspondence between Eastman, the lawyer who consulted with Trump as he tried to overturn the presidential election. “Based on the evidence, the court considers it more likely that President Trump attempted corruption to prevent the Joint Congressional Session on January 6, 2021,” Carter wrote in the decision submitted to the central district of California. Eastman sought to withhold documents from the commission on the basis of a lawyer-client claim between him and the former president. The commission responded earlier this month, arguing that there is a legal exception that allows for disclosure of communications about ongoing or future crimes. An attorney representing Eastman did not immediately respond to a request for comment. The commission’s March 3 testimony was its most formal attempt to link the former president to a federal crime. Legislators do not have the power to prosecute on their own and can only refer to the Ministry of Justice. The ministry investigated last year’s uprising, but gave no indication that it was considering seeking charges against Trump. The commission claimed in court documents that Trump and his associates were involved in a “criminal conspiracy” to prevent Congress from certifying Democrat Joe Biden’s victory in the House of Representatives. Trump and his associates subsequently spread false information about the outcome of the presidential election and pressured government officials to overturn the results, possibly violating several federal laws, the commission said. Trump’s lawyer and adviser, John Eastman, on the left, gestures as he speaks shortly before rioters stormed the US Capitol in Washington, DC, on January 6, 2021. Next to him is Trump’s ally, Rudy Giuliani. (Jim Bourg / Reuters)
Carter, who was nominated in court by former President Bill Clinton, called the actions of Trump and Eastman a “coup d’etat in search of a legal theory.” “If the country does not commit to investigating and seeking responsibility for those responsible, the court fears that January 6 will be repeated,” Carter wrote. It is unclear whether the commission will prosecute the Justice Department when its work is completed, or whether the commission will withstand the aftermath of the midterm elections in November, when control of Parliament could be transferred to Republicans. Attorney General Merrick Garland – not surprising given the consequences for a former president – did not comment on whether the Justice Department is investigating Trump, who spoke to his supporters shortly before many of them went down to the Capitol. Garland said the department “remains committed to holding all Jan. 6 perpetrators accountable under the law, at any level.” The nine-member committee meets Monday night to discuss whether to keep Peter Navarro and Dan Scavino, former members of the Trump administration, in contempt for refusing to comply with his calls. The committee could also shortly request an interview with conservative activist Virginia (Ginny) Thomas, the wife of Supreme Court Justice Clarence Thomas. Multiple reports last week reported text exchanges between Ginny Thomas and Trump’s chief of staff, Mark Meadows, in early January 2021.

Trump maintains his popularity in the Republican Party despite two unprecedented House rallies, including for inciting an uprising in connection with the January 6 events. Following the referrals, he was acquitted both times in the Senate, which requires a two-thirds majority, or a limit of 67 votes, to be condemned. But Trump faces a number of potential legal challenges that could prove to be an obstacle to planning a new presidential bid in 2024. A special grand jury is being urged in Georgia to evaluate Trump’s efforts to pressure state officials to deny Joe Biden’s victory at the polling station there. New York attorneys have been investigating Trump’s financial statements for possible criminal wrongdoing and civil disputes, and last week it was decided that Trump and his sons should sit down to testify about their promotion to Celebrity Apprentice, a marketing company that is said to have been a pyramid scheme. There is also a civil lawsuit against his niece, Mary Trump, who wrote a book criticizing Trump, as well as an ongoing defamation lawsuit stemming from one author’s claim that Trump sexually assaulted her in the 1990s. Trump has politically survived allegations of sexual assault in the past during the 2016 campaign and condemnation of the demolition of Trump University, a real estate program, and the Trump Foundation’s charity.