Noah Rothman: The plan Trump and allies explored on Jan. 6 sounds more like a harebrained scheme that evolved in response to obstacles than a premeditated plot to overturn the election.
with regard to Trump, all this evidence is damning — not only for a potential criminal case, but for civil ones as well. And Eastman could be a major legal risk too with his anti-democratic scheme. Former Trump White House lawyer Eric Herschmann was absolutely right when, according to his committee testimony, he told Eastman he was going to need a good criminal defense lawyer.
For example, although John Wood, a lawyer for the committee, questioned former Pence lawyer Greg Jacob today about a Jan. 5 call between Trump, Pence, Jacob, Short and John Eastman, he asked Jacob only whatThe committee then shifted its focus to Trump’s public statement about that call, in which Trump insisted that he and Pence were in “total agreement” about the vice president’s ability to unilaterally decide the election.
That they could not marshal clearer proof is odd. Multiple people who would have been expected to convey that message to Trump, from former White House counsel Pat Cipollone to former White House lawyer Eric Herschmann, testified before the committee. Why the committee missed the opportunity to prove a critical element of Trump’s wrongdoing in an otherwise well-choreographed hearing is a mystery.
Herschmann recalled barking at Eastman, “I don’t want to hear any other effing words coming out of your month, no matter what, other than ‘orderly transition.’”former Attorney General Bill Barr, former Trump campaign manager Bill Stepien and others before him, Herschmann was fully onboard Team Trump until he wasn’t. Herschmann is even visible, smiling, inas they awaited the elder Trump’s speech.
As some praise Herschmann for his testimony today, it’s worth remembering that like many other Trump aides, Herschmann not only failed to speak out publicly before Jan. 6 but also before these hearings commenced.
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