John Eastman, the infamous far-right attorney who worked on Trump’s behalf around the time of the Capitol riot and pushed bunk theories by which then-VP Pence could supposedly block Biden’s win, lost in court this week.
Eastman was trying to shield the contents of his recently seized phone from federal investigators, but a federal judge — Robert Brack — denied the lawyer’s request to keep agents from using what’s on the phone in their investigation. The Justice Department already indicated, Brack noted, they’d seek a second warrant before going through Eastman’s phone, although it was unclear as this week drew to a close whether investigators already either pursued or obtained that warrant.
“Because there is no evidence that the Government has searched the phone or plans to search it without the benefit of a Filter Team, and because the warrant specifies that no search of the phone will occur until further order of the court, Eastman fails to show a likelihood of success” on a constitutional argument he made, Brack concluded. A “filter team” is meant to work through materials taken from attorneys or that could otherwise be protected by attorney-client privilege. “The Court is relying to a considerable extent on the assertion in the warrant that the investigative team will not examine the contents of the phone until it seeks a second warrant,” the judge added. Federal investigators are required to provide an update later this month on what they’ve done with Eastman’s seized phone, but for now, the lawyer lost.
One of the specific arguments from Eastman dismissed by the judge is that communications in which he engaged were protected by the First Amendment. “The Government’s interest in investigating the January 6 attacks on the Capitol is substantial,” the judge observed. Eastman is among an array of Trump goons who’ve recently faced serious scrutiny from federal investigators. Jeffrey Clark, who served in the Trump Justice Department, recently had his residence searched, and individuals involved in the multi-state scheme to assemble faked electoral votes for Trump were recently served grand jury subpoenas. Georgia GOP chair David Shafer and Arizona GOP chair Kelli Ward, alongside her husband Michael, were among those subpoenaed. It’s not immediately clear what precisely might be the potential outcome of prosecutors’ interest in Eastman; many of investigators’ recent actions, like searching Clark’s house, came as somewhat of a surprise.
Shafer and two Republican state Senators in Georgia, including Burt Jones and Brandon Beach, were recently informed by Fulton County District Attorney Fani Willis they could be criminally charged amid her investigation into pro-Trump election meddling in the state. Shafer and Jones served as fake electoral college members for Trump from Georgia, which Biden won. Beach, meanwhile, was differently involved: a Georgia Trump campaign official told the fake electors they could tell state Capitol security personnel they were meeting with Beach and Jones if questioned while attempting to assemble there amid creating their fake votes. Actual electoral votes have specific legal guidelines for the time and place they must be cast; accordingly, those involved went to Georgia’s Capitol while creating votes meant to imitate real ones. Jones is Georgia’s current Republican nominee for lieutenant governor.
