Donald Trump lost the presidential election in Georgia on Nov. 3, 2020 — but barely. The margin of his loss was narrower than any state except Arizona. The Associated Press didn’t call the state until more than a week later, after Joe Biden had already been identified as president-elect.
Trump, however, has never recognized his defeat. Instead, he has consistently pushed back against that reality, including — a federal judge made clear this week — embracing claims about illegal voting that he knew to be false. Because for Trump, the issue was never whether the election was stolen, it was whether he could convince people it might have been.
U.S. District Court Judge David O. Carter was tasked with evaluating a legal fight between Trump’s former attorney (and election-result-denying co-conspirator) John Eastman and the chair of the House select committee investigating the Capitol riot. Eastman sought to prevent certain emails from being turned over to the committee by claiming they were protected by attorney-client privilege.
But communication related to the commission of a crime is not privileged, and Carter determined that there was evidence that several of the emails at issue were “sufficiently related to and in furtherance of a conspiracy to defraud the United States” — namely, to make knowingly false claims about fraud to get a federal court to block the Georgia results.
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