A court filing suggests new legal jeopardy for former President Donald Trump in his quest to challenge the results of the 2020 election.
When Trump and his attorneys filed a challenge in Georgia in December 2020, the former president “knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public,” a federal judge wrote on Wednesday.
LIST: THE SECRETARY OF STATE CANDIDATES WHO QUESTIONED THE 2020 ELECTION RESULTS
The assertions were made by David Carter, a federal judge in California, while ordering conservative attorney John Eastman to release more emails to the Jan. 6 committee.
In a Dec. 4 filing in a Georgia court, lawyers working for Trump claimed Fulton County had tabulated over 10,000 votes from felons, unregistered voters, and dead people, according to Carter. The Georgia case, which was filed by the Trump campaign to decertify the state’s results, was tossed out about a month later.
Eastman, in an email dated Dec. 31 with Trump’s lawyers, claimed Trump had “since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate.” Eastman raised concerns in the email that Trump signing a new verification in the matter “would not be accurate.”
“President Trump and his attorneys ultimately filed the complaint with the same inaccurate numbers without rectifying, clarifying, or otherwise changing them,” Carter explained. “President Trump, moreover, signed a verification swearing under oath that the incorporated, inaccurate numbers ‘are true and correct’ or ‘believed to be true and correct’ to the best of his knowledge and belief.”
“The Court finds that these emails are sufficiently related to and in furtherance of a conspiracy to defraud the United States,” Carter continued.
Carter is the same judge who in March said the court found Trump “more likely than not” committed a crime attempting to overturn the results of the 2020 election. Trump responded to the judge’s Wednesday ruling a day later on Truth Social with a reference to Carter being appointed to the District Court for the Central District of California by President Bill Clinton.
“Who’s this Clinton appointed ‘Judge,’ David Carter, who keeps saying, and sending to all, very nasty, wrong, and ill informed statements about me on rulings, or a case (whatever!), currently going on in California, that I know nothing about — nor am I represented,” Trump said. “With that being said, please explain to this partisan hack that the Presidential Election of 2020 was Rigged and Stolen. Also, he shouldn’t be making statements about me until he understands the facts, which he doesn’t!”
Still, Carter’s assessment of Eastman’s emails led lawyer Twitter to opine that this is bad news for Trump.
“So, um … that’s a crime,” tweeted national security lawyer Bradley Moss.
So, um … that’s a crime https://t.co/VmiwhaRp6f
— Bradley P. Moss (@BradMossEsq) October 19, 2022
“Odds of Donald Trump ending up in a Fulton County courtroom just went up a little,” Anthony Michael Kreis, a law professor at Georgia State University College of Law tweeted.
“To be clear for the new folks to my feed, I have been long of the belief that Trump violated Georgia law and that there was significant evidence of his intent to solicit election fraud, but it appears that the Eastman emails make that dynamic a little more black-and-white,” he later added.
Odds of Donald Trump ending up in a Fulton County courtroom just went up a little.
— Anthony Michael Kreis (@AnthonyMKreis) October 19, 2022
Fulton County District Attorney Fani Willis has been conducting a sprawling investigation into whether there was criminal activity in Trump’s efforts to overturn the 2020 election in Georgia. She began the inquiry after audio surfaced of a call in which Trump stressed the need to “find” 11,780 votes to Georgia Secretary of State Brad Raffensperger. That would be enough to reverse President Joe Biden’s victory in the state.
Trump has denied wrongdoing, but the Eastman emails appear to suggest Trump was aware legal challenges in that endeavor were premised on false information. Willis has kept the door open to demanding testimony from the former president.
“They knew they were lying. We knew they knew they were lying. No wonder Eastman has worked so hard to hide these,” former appellate defender Teri Kanefield tweeted.
“Lying to the court is bad. But what brings in the crime-fraud exception is that the goal was to obstruct the counting of the votes. Therefore, it is all part of the larger coup attempt,” she added.
And after making you read the whole thread about burdens of proof and crime-fraud exceptions, I should have at least included the best part.
They knew they were lying.
We knew they knew they were lyingNo wonder Eastman has worked so hard to hide these.https://t.co/dRNs6S4pPO
— Teri Kanefield (@Teri_Kanefield) October 19, 2022
Eastman had been embroiled in a contentious back-and-forth with the Jan. 6 committee regarding his emails and has already turned over thousands of pages worth of emails from his Chapman University account to the panel. But about 562 documents remained in the crosshairs before Carter’s ruling Wednesday.
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Carter appeared to agree that most of the outstanding documents were subject to privileges. For example, he noted that “486 of the 561 documents relate to ongoing litigation in state or federal court.” But he ordered 33 of them to be given to the committee in his ruling Wednesday.
Four emails, the judge, said, “demonstrate an effort by President Trump and his attorneys to press false claims in federal court for the purpose of delaying the Jan. 6 vote.”

