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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.
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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 unilaterally 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.
https://www.politico.com/news/2021/12/03/eastman-takes-the-f...
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I think he still has to show up and be sworn in before he can invoke his 5th amendment rights.
I could be wrong, but that is what I've heard.
I'm not a lawyer.
I don't play one on TV.
I listen to podcasts and the news.
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"The mob takes the Fifth."
-- Donald J. Trump
"How common is it for the lawyer of a subject of investigation to plead the Fifth?"
-- alstro
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I think he still has to show up and be sworn in before he can invoke his 5th amendment rights.
And perhaps be asked an actual question or two. Not all questions would raise the possibility of self incrimination.
If he did that, I suspect his chances of being found in contempt would be quite low. It certainly would be far smarter than Bannon’s approach of ignoring the whole thing.
That then puts the ball back in Congress’ court. Seek out an amnesty agreement to get the testimony, or work around the unavailable testimony.
—Peter
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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.
Have him disbarred for life for conspiracy to overthrow the US govt--which he has publicly admitted he did. If he "did nothing wrong" then he committed no crimes as an attorney. However, if he was conspiring with Spankee to overthrow the US govt, then he did commit those crimes, and he did so in violation of his oath as an attorney and as an officer of the court(s).
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On tv shows featuring trials, the judge always tells the jury that they should not make any assumptions about a defendant choosing to exercise his 5th amendment rights.
But, this isn't tv and I'm not on a jury, so I'm going to go ahead and assume that he has criminal activities he wants to hide.
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Exactly...
If what Trump, his grifters, and the 147 Republicans in the House and Senate did was honorable and in the best interest of our country -- and the American people -- they would not want to hide behind the 5th.