Thread by @meghanncuniff

Just in: Judge Carter has ordered in camera review of John Eastman’s Chapman emails between Jan. 4-7, 2021. “As the Court has previously noted, the evidence suggests that communications from those days are essential to the Select Committee’s pressing investigation.”

Importantly, Judge Carter does not use the phrase “crime-fraud exception” anywhere in this (short) order. He also cautions that “reading the emails does not mean that the Court will ultimately require disclosure.” A much longer opinion is in store.

I'm working on another article, but in the meantime here's my @lawdotcom coverage of yesterday's hearing. bit.ly/35IfYuD

And here's my Twitter thread from yesterday's hearing (3 1/2 hours!) all in one place (113 tweets!). bit.ly/3KwZ5lr

This jumps out. A longer opinion is forthcoming, but we aren't guaranteed Carter will address crime-fraud exception. "The Court must first determine if a privilege initially existed before reaching waiver or exceptions." But we're likely to hear at least something about it.

Here's a PDF of Judge Carter's order on his review of John Eastman's @ChapmanU emails under the @January6thCmte subpoenas. bit.ly/3HZTylJ

Here’s my article on the judge’s review order re: John Eastman’s @ChapmanU emails. #J6 bit.ly/3pT9GPE

From the article: The order also observed that the committee argues the documents aren’t protected “because they aimed to persuade Vice President Pence to act, as opposed to pursuing litigation on the Electoral Count Act.”
bit.ly/3pT9GPE

One thing I was a little confused about reading Carter's order: His quote of Jan. 6 panel's quote from Eastman's Jan. 3 memo. (Double parentheses.) I had to look up the original Jan. 6 filing to see who was adding this emphasis to "from the Court." It was Jan. 6 panel.

It's of course still significant that Carter singled out that memo specifically, but it'd be a kinda bigger deal if he put that emphasis in himself, which he didn't. Here's the panel adding the emphasis in last week's brief. (Page 46 of 72. bit.ly/3CpJxx7)