A conservative lawyer subpoenaed by the Capitol riot investigators may have set himself up to lose any claim of privilege.
John Eastman, who wrote legal memos outlining ways former Vice President Mike Pence could try to overturn the 2020 election, made an admission months ago that could debilitate any argument to keep his conversations with former President Donald Trump confidential.
In the interview on May 5, during which Eastman was talking to Denver radio talk show host Peter Boyles , he spoke about meeting with Trump and Pence about contesting the election results and said he had permission to talk about it.
“And by the way, I would normally not talk about a private conversation I have with a client, but I have express authorization from my client, the president of the United States at the time, to describe what occurred — to truthfully describe what occurred in that conversation,” he said.
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The House committee investigating the Capitol riot subpoenaed Eastman , along with several others, on Monday, seeking documents and testimony. Eastman recently distanced himself from the scenarios outlined in his memos during a National Review interview . He has also drawn interest for his participation in a so-called “war room” at the Willard Hotel with other Trump allies during the days surrounding the Capitol riot and because he spoke at the same rally Trump did the day of the siege.
A letter to Eastman, signed by Chairman Bennie Thompson , even cites the May 5 interview, noting, “You have stated publicly that President Trump has authorized you to discuss the matters at issue, this waiving any applicable attorney-client and attorney work product privileges.”
Watergate sleuth Bob Woodward agreed with this assessment and made the case that any argument for privilege would flounder in court.
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