U.S. District Judge David O. Carter of the Central District of California (Photo via Meghann M. Cuniff)
“After reading the emails, the Court will determine for each document whether any privilege existed, whether that privilege was waived, and whether any exceptions apply,” according to the order.
5 minute read
Wednesday's order does not address the crime-fraud exception claim that unveiled the committee's criminal narrative against President Donald Trump, but the judge said a more extensive analysis is forthcoming.
March 09, 2022 at 08:34 PM
5 minute read
“After reading the emails, the Court will determine for each document whether any privilege existed, whether that privilege was waived, and whether any exceptions apply,” according to the order.
The order follows a 3½-hour hearing on Tuesday.
At issue are 111 emails sent or received by Eastman on his Chapman account from Jan. 4-7, 2021. The Jan. 6 committee’s subpoenas to Chapman seek emails dating back to November 2020, but Carter considered privilege arguments regarding just the Jan. 4-7 emails after Letter complained the privilege review process ordered in late January as proceeding too slowly.
Letter identified the Jan. 4-7 emails as being most pertinent to the committee’s investigation, which he’s repeatedly espoused as the most important ever in the history of Congress. He filed a brief last week saying the committee already has a good-faith belief Trump committed obstruction of an official proceeding and conspiracy against the United States but that Eastman’s Chapman emails also could establish common law fraud by Trump and his allies.
Burnham has pushed back against that assertion and told Carter the dispute is essentially a human resources dispute over Chapman’s email policies and one the judge doesn’t need to consider. Still, he didn’t object to Carter reviewing the emails, which Carter cited in his order.
“As Dr. Eastman expressed in his briefing and at the hearing, whether the documents are privileged ‘will be manifest during this Court’s review,’” Carter wrote.
Presented by BigVoodoo
The premier educational and networking event for employee benefits brokers and agents.
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.
Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...
Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...
Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS
