Supreme Court Rejects Conservative Lawyer’s Appeal in Emails Case
The U.S. Supreme Court has declined to hear an appeal by conservative lawyer John Eastman in a case involving 10 emails that he had sought to shield from congressional investigators. Eastman, who was indicted in August over his role in efforts to overturn Donald Trump’s 2020 election loss, had appealed a lower court’s refusal to prevent the emails from being turned over to a House of Representatives committee. The court upheld the federal judge’s determination that the emails could be disclosed due to an exception to attorney-client privilege involving communications likely used in furtherance of a crime.
Conservative Justice Clarence Thomas did not participate in considering the case. The court did not provide a reason for Thomas’ recusal. Last year, it was reported that congressional investigators had obtained emails between Eastman and Thomas’ wife, conservative activist Virginia Ginni Thomas. Eastman’s lawyer expressed disappointment in the court’s decision not to hear the appeal.
The House panel, led by Democrats, had issued a subpoena for the emails as part of its investigation into the January 6th attack on the U.S. Capitol by Trump’s supporters and other matters related to efforts to overturn Joe Biden’s victory. Eastman, a former law professor, had filed a lawsuit to prevent the school he worked for from complying with the panel’s subpoena.
In previous decisions, a U.S. District Court Judge had ordered certain emails to be turned over, including those related to Trump and Eastman’s attempts to delay the congressional certification of Biden’s victory. The judge ruled that Trump and Eastman had likely committed a crime in their efforts to obstruct Congress. Eastman appealed after the 9th U.S. Circuit Court of Appeals rejected his request to void the judge’s decision.
Eastman represented Trump in a lawsuit seeking to overturn voting results in several states that Trump had lost in 2020. He also spoke at a rally before the Capitol riot and wrote a memo suggesting how then-Vice President Mike Pence could reject the congressional certification of Biden’s victory. Eastman has pleaded not guilty to state charges related to efforts to reverse Trump’s election loss.
The Supreme Court’s decision comes as Trump is the frontrunner for the Republican nomination for the 2024 presidential election. The court announced its action on the first day of its new term.
