The Supreme Court declined Monday to hear former Trump lawyer John Eastman’s appeal of a lower court decision that required him to disclose emails to the Jan. 6 committee.
Eastman petitioned the Supreme Court in April to review a district court decision that required him to turn over ten emails to the House Select Committee investigating the Jan. 6 Capitol riot. Monday’s orders list says Justice Clarence Thomas recused from consideration of the case, though the reason, as is typical, is not stated.
Thomas’ wife, Ginni Thomas, was interviewed by the Select Committee and corresponded with both Eastman and former White House Chief of Staff Mark Meadows. Democrats have called for Thomas to recuse from cases relating to Jan. 6 over her involvement.
Eastman also clerked for Thomas during the 1996-1997 term.
The Jan. 6 committee subpoenaed Eastman’s emails stored on Chapman University computers, where he taught and served as dean of the law school. The district court agreed most of the documents were subject to attorney-client privilegebut found that ten emails fell under the “crime-fraud” exception, according to court documents.
The Ninth Circuit dismissed his appeal as moot after the Select Committee accessed the emails, which Eastman had handed over to the Committee’s lawyer with a request that they not be accessed until his motion to stay the court’s ruling was decided, according to the petition.
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