Thread by @meghanncuniff

Regarding Eastman-Jan. 6 Committee case with Judge Carter, the panel has a pretty good answer to Eastman's notice regarding the recent dismissal of a #J6 obstruction charge. A judge in another case is declining to dismiss obstruction, saying Nichols' opinion doesn't apply. 🧵

The obstruction dismissal from Judge Nichols in the Garret Miller case has gotten a lot of attention. Eastman's lawyers filed the opinion with Carter yesterday, telling him it changes the standard for obstruction, i.e. makes it harder for the panel's crime-fraud exception claim.

But it's just a trial court order, and as @emptywheel pointed out yesterday, Judge Contreras said of Nichols "I don't find his argument particularly persuasive" when saying he won't dismiss obstruction against another accused Capitol rioter, John Andries.

https://twitter.com/emptywheel/status/1501208042716729346

Here's Nichols' opinion. (29 pages) As @emptywheel said, "It is **gravely** important that Carl Nichols cited Kavanaugh and Gorsuch here." These issues are going to go so much further than the trial courts. Contreras hasn't issued his opinion yet... bit.ly/3Cwc2c8

...but when he does, it's likely Jan. 6 panel will notify Carter of it. It's questionable whether this will matter to Carter - neither opinion is controlling and both are under DC Circuit whereas Carter is 9th. But it shows how broad issue is, and how far it could go in courts.

The @January6thCmte brief arguing for crime-fraud exception to Eastman's privilege claims cites trial court rulings re: obstruction. "Each has concluded that Congress’s proceeding to count the electoral votes on January 6 was an “official proceeding”..." bit.ly/3CpJxx7

Importantly, as the Jan. 6 committee brief notes, "...each has refused to dismiss charges against defendants under that section." This March 2 brief cites six, but as @kyledcheney reports, there have been more.

https://twitter.com/kyledcheney/status/1501676139156279305?s=20&t=MLqi0W5Y_k3aRbTBWBrt8g

So when the trial court ruling dust settles, it'll be 7 to 9 judges not dismissing obstruction v. Judge Nichols dismissing obstruction, with one of the 7 to 9 opinions specifically refuting Nichols' opinion. A bit lopsided! #J6