Former Trump attorney John Eastman has lost his latest battle in court. A District Court Judge ruled that the FBI did nothing wrong when they served him with a search warrant on June 22nd and seized his phone. Eastman filed for an injunction and a “Motion for Return of Property” five days later, claiming that the agents violated his constitutional rights,
Judge Robert Brack disagreed.
“Although there is a possibility that Eastman may succeed on one of his constitutional claims, he fails to carry his burden to show the likelihood of success on the merits. Nor has he shown a clear and unequivocal right to relief from immediate, irreparable harm. Consequently, the Court finds that the motion for TRO should be denied. Therefore, it is ordered that the Motion for a Temporary Restraining Order is denied without prejudice,” Judge Brack wrote in his opinion on Friday.
Eastman has been a person of interest in the House Select Committee’s investigation into the Capitol riot for his role in helping Trump try to overturn the 2020 election results as the architect of the scheme to pressure then-Vice President Mike Pence to illegally overrule or delay President-Elect Joe Biden’s certification. It was something that Eastman acknowledged was a clear violation of the Electoral Count Act.
When the disgraced former professor tried to avoid the investigative panel’s subpoena for his records and emails – asserting they were protected by attorney-client privilege – that failed too.
In March, Judge David Carter ordered Eastman to turn over requested emails to the select committee, writing in his 44-page opinion:
“Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history.”
Judge Carter warned of the irreparable damage Eastman and ex-President Trump would have done to the country’s democratic process:
“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.”
The FBI says it hasn’t searched the confiscated phone and is awaiting a second warrant to view the contents. Judge Brack has given the agency until July 27 to contact the court.
Read Judge Brack’s full 12-page ruling here.
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