New England Patriot - Judge Carter

On March 28^th, United States District Court Judge David Carter, assigned the John Eastman v. January 6^th Select Committee case, the bench gavel issued an “extraordinary” opine that proves a "New England Patriotism” still exists. The side-bar verdict, which was an additional “existential opine” not the main mission of this case before Judge Carter who was an appointee by Bill Clinton, it resonated in that “Patriotism” needed to hold Donald John Trump accountable for “Treason”. Yes, a genuine “New England Patriotism” as in "you got the bacon I got the beans” as Judge Carter is from Providence Rhode Island, so this “Patriotism” goes with the territory and not to forget service to country as a Marine, recipient of the Bronze Star and the Purple Heart. So this “side-bar” verdict, it is the road-map to hold Donald Trump accountable, for “Treason” and if the Merrick Garland DOJ is still stool-stuck what to do, then “We the People” are also under attack by a Putin like “special military mission” wherein that “military” is replaced by “humiliating” by the Nancy Pelosi “Crazy Psycho Shit” party along with the Kevin McCarthy “Legitimate Political Discourse” party, basically a bunch of street hawking whores afraid to move away from this “must protect the institution” aka members of Congress that enjoy “easy street above the law abiding”!

Herein is that side-bar verdict in recap:

The Court first analyzes whether President Trump likely committed any of the crimes alleged by the Select Committee. The Select Committee alleges that the crime-fraud exception applies based on three offenses:

(1)  President Trump attempted to obstruct “Congress’s proceeding to count the electoral votes on January 6,” in violation of 18 U.S.C. § 1512(c)(2);

President Trump attempted to obstruct an official proceeding by launching a pressure campaign to convince Vice President Pence to disrupt the Joint Session on January 6. President Trump and Dr. Eastman justified the plan with allegations of election fraud— but President Trump likely knew the justification was baseless, and therefore that the entire plan was unlawful. The illegality of the plan was obvious. Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election. As Vice President Pence stated, “no Vice President in American history has ever asserted such authority.” Every American—and certainly the President of the United States—knows that in a democracy, leaders are elected, not installed. With a plan this “BOLD,” President Trump knowingly tried to subvert this fundamental principle.

Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.

(2)  “President Trump, Plaintiff [Dr. Eastman], and several others entered into an agreement to defraud the United States by interfering with the election certification process,” in violation of 18 U.S.C. § 371;

Based on these repeated meetings and statements, the evidence shows that an agreement to enact the electoral count plan likely existed between President Trump and Dr. Eastman. The evidence shows that Dr. Eastman was aware that his plan violated the Electoral Count Act. Dr. Eastman likely acted deceitfully and dishonestly each time he pushed an outcome-driven plan that he knew was unsupported by the law. 

Based on the evidence, the Court finds that it is more likely than not that President Trump and Dr. Eastman dishonestly conspired to obstruct the Joint Session of Congress on January 6, 2021. 

(3)  “President [Trump] and members of his Campaign engaged in common law fraud in connection with their efforts to overturn the 2020 election results.” 

Because the memo likely furthered the crimes of obstruction of an official proceeding and conspiracy to defraud the United States, it is subject to the crime-fraud exception and the Court ORDERS it to be disclosed.

Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history. Their campaign was not confined to the ivory tower—it was a coup in search of a legal theory. The plan spurred violent attacks on the seat of our nation’s government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.

More than a year after the attack on our Capitol, the public is still searching for accountability. This case cannot provide it. The Court is tasked only with deciding a dispute over a handful of emails. This is not a criminal prosecution; this is not even a civil liability suit. At most, this case is a warning about the dangers of “legal theories” gone wrong, the powerful abusing public platforms, and desperation to win at all costs. If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution. If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.

DATED: March 28^th, 2022

DAVID O. CARTER
United States District Court