Thread by @meghanncuniff

Happening now: Judge Carter's Zoom hearing in the temporary restraining order against the Jan. 6 committee's Chapman University subpoena re: John Eastman. Eastman and his lawyers are there in the courtroom in Orange County. bit.ly/3AnZPVX

Judge Carter just asked U.S. House of Representatives General Counsel Douglas Letter if they considered using a taint team/privilege-review team in the Chapman University John Eastman subpoena. Letter answered that House considerations like that are confidential.

Carter is on a 10-minute break, and when they get back Eastman is supposed to answer a bunch of questions about who exactly he was representing, and whether that representation was in violation of @ChapmanU policy and IRS nonprofit policy.

This is after it was pointed out that Eastman's only client at this time was President Trump, and Chapman is prohibited from engaging in political activity. Doug Letter already detailed Eastman's deep involvement in the Jan. 6 attack.

Agreed. As someone who knows Carter well, I can safely say there is no possible way he supports John Eastman in any way, shape or form. And he can’t appreciate the complete lack of cooperation on Eastman’s part.

https://twitter.com/passwordismiket/status/1485761970716360706

And Carter just said he’s basically going to do exactly that. Told Eastman and the attorneys to talk it over or he’s going to hand down the privilege log order and make the DC attorneys travel to @ChapmanU in Orange County.

Carter used one of my favorite phrases of his - "now we're in continuous session on this matter " - before telling the lawyers to talk it over privately or he'll hand down his solution, then hopping off the bench.

Hilariously, there were just blank stares after that. Finally, U.S. House General Counsel Douglas Letter said, "I'm sorry. I’m a little confused about what’s supposed to happen right now."

The Chapman lawyer, Fred Plevin, said they’re supposed to talk it over privately so they need to get on a three-way call, and Letter said, “I’m extremely dinosaur-like on this type of technology.”

So Plevin is setting it up. Judge Carter's court clerk reminded them to mute their Zooms or we’re all going to hear everything. They seemed particularly grateful for that tech tip. So now it's wait and see. Remember: The latest Carter has been in session is like 1:30 a.m.

I told a couple people that Judge Carter would probably try to get Jan. 6 committee chairman Bennie Thompson on the line, and he just came close. “I assume the committee is not in session at 8 o’clock and you don’t have the ability to reach out the chairman,” he told Letter.

Letter told Judge Carter he doesn't have the ability to make decisions regarding privilege logs or taint teams without consulting with Bennie Thompson. But Judge Carter clapped back at that pretty quick.

The judge told Letter he expected this work to begin as soon as they get the documents, which Plevin the @ChapmanU lawyer said should happen by noon to tomorrow, and that Letter's contact with Thompson would be "a courtesy."

And it's over. Letter said he got authorization from the Jan. 6 committee to let Judge Carter decide disputes over privilege, instead of a taint team. Carter said no more bickering about it; the work must start immediately. "Mr. Letter you want speed? Then move," the judge said.

Here’s my story for @lawdotcom: After TRO Hearing, John Eastman's Lawyers Will Work With Jan. 6 Committee Regarding Privilege Claims bit.ly/3nUZW6i