Eastman Takes the Fifth With Jan. 6 Committee

The attorney, who helped former President Donald Trump contest the 2020 election, asserted his right against self-incrimination in a Dec. 1 letter to the Capitol riot panel.

John Eastman, the attorney who helped former President Donald Trump pressure then-Vice President Mike Pence to overturn the 2020 election, has asserted his Fifth Amendment right against self-incrimination, according to a letter he delivered to the Jan. 6 committee explaining his decision not to testify.

“Dr. Eastman hereby asserts his Fifth Amendment right not to be a witness against himself in response to your subpoena,” his attorney, Charles Burnham, wrote in a letter to Chair Bennie Thompson (D-Miss.) dated Dec. 1.

“Members of this very Committee have openly spoken of making criminal referrals to the Department of Justice and described the Committee’s work in terms of determining “guilt or innocence,” Burnham continues. “Dr. Eastman has a more than reasonable fear that any statements he makes pursuant to this subpoena will be used in an attempt to mount a criminal investigation against him.”

Eastman’s decision is an extraordinary assertion by someone who worked closely with Trump to attempt to overturn the 2020 election results. He met with Trump and pushed state legislative leaders to reject Biden’s victory in a handful of swing states and appoint alternate electors to the Electoral College, effectively denying Biden’s victory.

The former Chapman University law professor also pressured Pence, who is constitutionally required to preside over the Electoral College certification on Jan. 6, to unilterally refuse to count some of Biden’s electors and send the election to the full House for a vote — or delay long enough to give states a chance to submit new electors.

Eastman also spoke at Trump’s Jan. 6 rally alongside Rudy Giuliani.

Most of Burnham’s letter makes procedural objections to the structure of the Jan. 6 committee, focused on Speaker Nancy Pelosi’s decision to reject Minority Leader Kevin McCarthy’s appointees to the panel.

“The lack of a ranking minority member makes it impossible for this Committee to comply with clearly applicable House rules on subpoenas and depositions,” he writes.

Burnham also complains that the Capitol riot committee conducts its depositions in secret.

Click here to read the full article at Politico.com

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