Today’s NY Times. under its headline on yesterday’s filing by the January 6th Conmittee to compel litigious Trumpist John Eastman’s compliance with its subpoena:
In a court filing, the panel said there was enough evidence to suggest that the former president might have engaged in a criminal conspiracy as he fought to remain in office.
To “suggest” there “might have been” a crime? Very daintily put, Grey Lady. Seems from the rest of the article that the January 6th Committee laid out a detailed, evidence rich argument for criminal conspiracy and obstruction of an official proceeding. Attoney-client privilege does not protect discussions of criminal plans, or conspiracies to defraud. How about this rewrite?
In a court filing, the panel cited evidence to establish that the former president’s communications with his private lawyer must be turned over under the “crime/fraud exception” to attorney-client privilege, laying out the elements of a criminal conspiracy to fraudulently keep the defeated candidate in office.
I have to admit, the rest of the article was not as weak kneed as the subheadline. Here’s a good paragraph:
The filing laid out a sweeping if by now well-established account of the plot to overturn the election, which included false claims of election fraud, plans to put forward pro-Trump “alternate” electors, pressure various federal agencies to find irregularities and ultimately push Vice President Mike Pence and Congress to exploit the Electoral Count Act to keep a losing president in power.
My only correction is lose the “if” in describing the well-known facts, as “if” might suggest (hah) that the evidence being well-known somehow weakens it, à la Barr’s corrupt dismissal of Mueller’s mountain of well-known evidence. Leaving in the unnecessary qualifier betrays an eagerness to show your ass, for some reason (see previous post).
The Washington Post ran this paragraph in its story:
“The Select Committee also has a good-faith basis for concluding that the President and members of his Campaign engaged in a criminal conspiracy to defraud the United States,” according to the filing.
Dig it, Merrick.