filing includes an e-mail exchange between vice president pence's counsel, which is greg jacob, and john eastmanf biden's win saying, and i quote here, "and thanks to your b.s.," they write the word out, bullshit," we are now under siege." even the vice president's attorney is pointing the finger at eastman. >> yeah. the theory here is eastman's legal theory, let's put scare quotes around that, that the vice president had the union i lateral authority to simply reject certain electoral votes, it's not just crazy or wrong legally but it actually crossed the line over into fraud. and that e-mail, the committee's using that to show everybody knew that there was no basis on which mike pence could reject those votes. that it doj said donald trump had lost. department of homeland security had said donald trump had lost. the fbi and even john eastman himself acknowledged according to some of the testimony that trump had lost and that vice president mike pence had absolutely no basis to do this. that's what would make this a criminal fraud. >> but however, elie, john eastman is central to the effort to

john eastman, that e-mail exchange is with john eastman and greg jacob.ime, you know, we were in a secure location having been evacuated by the secret service. he was talking to mitch mcconnell and mccarthy and pelosi and schumer talking about how do we get back in to do our work? meanwhile there was correspondent i wasn't privy to until after the 6th. we had concern about the legal counsel the president was receiving. i think some of that is now more apparent for others as well. >> was the president told that jason miller, a top aide and adviser to the former president, sued after the election told president trump, quote, in pretty blunt terms that he was going to lose. so was the president told that? was he aware that, in effect, they were trying to overturn an election that he had lost? >> i don't know. i can't -- there's no way for me to have reason to not believe jason miller's sworn testimony that that's what the president's advice the president received or the facts that he was given by the campaign. >> did the vice president ever say that to him?

so the committee wants to get access to emails between donald trump and this attorney, john eastman. y reject some of the votes and steal the election. eastman saying those are protected emails. they are privileged. can't have them. the committee is saying, oh, no, no, there's an exception called the crime/fraud exception. if the emails involve communications about a crime or fraud, the committee can get them. so the committee alleges that they have evidence and information available to the committee establishes a good-faith belief, meaning the committee believes that mr. trump and others may have, that's important, they are being careful, engaged in criminal and/or fraudulent acts. that's a very big deal to put on paper and submit to a federal judge. >> what kind of crimes are we talking? >> the two main crimes, obstruction of a federal proceeding. congress counting the electoral votes as required by the 12th amendment. also conspiracy to defraud the united states. people hear defraud, they think of money. here the fraud is defrauding the united states of a free and fair election. an

context, which means he only had to decide it was more likely than not that the former president and john eastmannduct and of course, the burden of proof in a criminal case is much heavier. it's proof beyond a reasonable doubt. >> this is what was written as part of this. eastman and trump per the judge launched a campaign to overturn a democratic election unprecedented in election history. their campaign was not confined to the ivory tower. it was a coup in search of a legal theory. if eastman and trump's plan worked, it would have ended the peaceful transfer of power undermining democracy and the constitution. and elie, as we're starting to get pieces of this story, it seems that there were some members of the united states senate and the wife of a supreme court justice who both seemed to be on the same page and have the same legal theories, legal theories, i'll put in square quotes and be operating almost as if they are playing from the same playbook. ginni thomas seemed determined that the vice president of the united states acted to overturn the election and ted cruz who there is an extensiv

the committee wants emails between john eastman, this lawyer who recommended mike pence has the powerturn the election and donald trump. eastman's response, however, is no, committee, you don't get these because you're protected by the attorney/client privilege. they are confident. however, there is an exception. the committee is saying -- it's called the crime fraud exception. meaning if the communication between the attorney and client relates to ongoing crime or fraud, there is no privilege. the committee is saying, you two, we believe were engaged in criminal conspiracy. therefore, we get the emails. >> a lawyer can't tell the client to break the law. that's the crime fraud provision right there. . >> yes. >> this is a civil case. how do you prove that? what is the standard of proof that the judge to decide on? . >> it is lower than an indictment of course. if this were a criminal charge uld have to prove guilt beyond a reasonable doubt. here it will be up to the judge who will decide whether by preponderance there is enough conspiracy. you are asking, i want you to look at this d

the judge's comments came as he ruled attorney john eastman must turn over 101 emails to the januaryeid joins us with the latest on this. this is the decision here. it's a big deal. the president saying, more likely than not the then president of the united states committed a crime. >> this is a huge deal and a big win for the house select committee. lawmakers used this litigation over john eastman's emails to lay out their theory of potential criminal conduct by former president trump. in a previous filing they argued that conservative attorney john eastman and former president trump engaged in a conspiracy to perpetuate a fraud gagainst the american people by trying to overturn the results. you have a federal judge agreeing, saying, yes, it's more likely than not that they were planning a crime. so this is the first time you have the federal courts affirming that the former president may have engaged in criminal conduct. it's likely that this decision will embolden lawmakers to make a potential criminal referral to the justice department. >> that has been a question from the beginn

this is a committee telling a judge, we believe there is enough evidence to suggest that john eastmanp broke the law. and the essence of their argument was when eastman and trump were arguing mike pence could unilaterally overturn the election, they knew he couldn't, that the law wrote otherwise, which you reported they were being told repeatedly by mike pence and others. >> reporter: that's right, john. the contours of this, a couple of things. this is not a criminal complaint. this is not a criminal referral. this is a filing in a civil case. but it does lay out the arc of what the january 6th committee i think will argue in its report and possibly a criminal referral, we don't know yet, suggesting that donald trump and john eastman knew that what they were saying was not true. and i believe that part of what they're using for the logic is donald trump had been told by his campaign advisers in blunt terms that his chances were not good in making the election turn out his way after the fact, after it had taken place. and yet they persisted with this, and to your point, they were e to

all of this comes back to john eastman.e guy who put out the memo, outlining, here is how to overturn the election. which of course that line is unconstitutional, i've been hearing about this thing for months. what's new? >> first of all, stephanie it warms my heart to see you in the chair. a privilege to be with you tonight. tony, this filing is not about john eastman. it's not about -- , it's about donald trump. it's serious. what you have here is a big deal. it's a former legal brief about the january six committee, saying that there is a good faith basis to believe that donald trump committed felonies. and this lawyer, john eastman, helped him do it. to have that accusation from a congressional committee about a president happens so rare in american history. it's not like ripping the mass trust egg offer something, this is as evil as they can get. seditious conspiracy. this is a document signed under oath, subject to court sanctions for lying, and stuff like that. and sidney powell, and others have found out. but it's s

what it could potentially show, is documentation of the lawyer, john eastman's meetings with former president trump in the run up to the january 6th insurrection. perhaps memos, that eastman may have shared with trump or anybody else in the white house. perhaps there is writing in the memos from the former president. we are not sure. but clearly, there is documentation that they do not want this committee to contain. and he has gone to great lengths to permit them from pertaining. >> and i want to move to the future. confirmation hearings for ketanji brown jackson. there are 20 days. what should we know about her? >> ketanji brown jackson is a delight. as a journalist, as a person, as an intellectual. she is awesome. and i want to say that i am one of the few people have her as a court of appeals judge. she's only written two opinions. one of them ruled against me! but i tell you this is someone who is meticulous, and fair, and balanced. and a brilliant appointment. i think this confirmation hearing is going to go incredibly real. it is so rare to have a lawyer, we are not exactly the most no

but, look, john eastman was operating as a freelance legal political operator.rallies, and he was making the arguments that donald trump came to absorb and integrate into his approach, which is that vice president mike pence unilateral authority just like wash and nullify electoral college votes. and, eastman was running around saying that the electoral count act was unconstitutional. and, under the constitution, the vice president was using unknown powers to nullify electoral votes that were certified by georgia and pennsylvania. so, we have demanded to get all of this information, all of these emails from him that he engaged in as part of this campaign against the election. and, he has asserted the book over by the attorney client privilege, the problem is that there was no evidence that he was acting as the presidents attorney, or that they formed an attorney client relationship. they have formed one, it would clearly have been waived both by the president in telling him to go out and to make all of these arguments, and by him in terms of his conduct. but tha

the panel is asking the judge for emails from right wing lawyer john eastman.ng for here? >> emails from john eastman and theoretically in communication with donald trump directly or with the trump campaign. in this court filing, it is a big court filing. it has a lot of evidence that the house says they have collected so far. the house is really laying it all out here. they're saying they believe there was some sort of planning or crime happening between trump and eastman in either conspiring to defraud the united states government as a whole with a false result of the election or to try to obstruct congress from certifying the vote. so the one thing i should back up, those are legal charges that could be brought in court. they have been brought against people in the january 6th investigation. at this time and forever, the house, they're not prosecutors. they can't actually bring a case. so the reason this is coming up now is that they are making this argument as a way to try and get access. there's a way john eastman, trump's lawyer, can block access to his e

the allegations surfaced after trump's former lawyer, john eastman, sued to block the committee from releasing e-mails. the committee challenged saying that the president and members of his campaign engaged in a criminal conspiracy. violating laws in an effort to overturn election, to try to prevent congress from certifying trump's loss. a member of the oath keepers extremist group is the first to plead guilty for conspiracy for his role in the riot. >> james' plea is one of the most significant convictions the justice department has secured in their entire investigation. >> reporter: according to court documents, joshua james admitted he was instructed to be prepared if called upon to report to the white house grounds to secure the perimeter and use lethal force if necessary, against anyone who tried to remove president trump from the white house. ten other oath keepers also face charges of conspiracy, carrying a maximum 20-year prison term. they've pleaded not guilty, including the group's founder, stuart rhodes, a man james implicates in his plea agreement. james told prosecutors

district judge ordered trump's joern john eastman to hand over emails to the committee. east salmon seen here at trump's january 6th rally. the federal judge raising eyebrows by writing, quote, dr. eastman and president trump launched a campaign to overturn a democratic election, unprecedented in american history. a week after the january 6th attack, john eastman was urged to retire from the chapman college school in orange county. let's talk about this ruling and what you think the significance of it is and the impact that it might have on this january 6th investigation into the riot at the capitol. >> good evening, jessica. this statement laid out in that 40-page ruling by judge carter is the first time we heard anybody in that kind of authority explicitly say he believed the president was involved in corruption, that he was trying to obstruct justice. these are heavy words, corruption, obstruction of justice, which led to joe biden's presidency. these kinds of words really weigh heavy. they validate a good deal of what the committee is doing. they allow the committee

i think they're going to get what they're seeking which is to see these emails between john eastman andthink that will help their investigation but number two, it kind of sends a signal, right, to the republic and the doj that they're not doing it yet but the select committee is saying here implicitly, they're going to seek a criminal referral and set out in their report that supports the bringing of criminal charges and bring that report to the doj. >> what do you think the department of justice then does with this? >> that's the $10,000 question. they started the investigation, don't know for sure. >> what's the consideration for the justice department, do you think? >> the problem is because congress isn't the victim here as it would be in the case of criminal contempt, they don't really give it as much weight. certainly, they will be looking at the evidence the select committee has been gathering and that will be important to them but the fact of the criminal referral i don't think carries a lot of weight with the doj but the building of the facts happening over months and over mont

january 6th investigation, naturally, had a lot of questions for john eastman. ut when they subpoenaed him, eastman pled the fifth. he asserted his right not to incriminate himself under questioning. "politico" called it quote an extraordinary assertion by someone who worked closely with trump that to attempt to overturn the 2020 results. to get his testimony, his eastman records were subpoenaed and emails from his time working with trump to overturn the election. mr. eastman has been trying to block the investigation from getting those emails, claiming that he was acting as donald trump's attorney, and therefore his e-mails are protected by attorney-client privilege. here is where things actually get interesting. tonight, the january 6th investigation has filed a motion in court, making its case for why those emails are actually not protected by attorney-client privilege, and what they are saying is that the attorney-client privilege is void if both the lawyer and the client are communicating about is doing something illegal or fraudulent. under the law, you and

idea, in this new filing is that trump was working with his aides and lawyers, including lawyer john eastman election, eastman, clashing with the committee over his claims to privilege now shredded by what congress says in the new filing, that he was part of attempted crimes, aiding criminal conspiracy to defraud the u.s. and taking actions that obstruct or attempted to obstruct the vote counting on that now infamous day of january 6th, eastman clearly got trump's attention for doing what others would not, including trump's own vice-president, which is why trump would go on to praise his lawyer, john. >> john is one of the most brilliant lawyers in the country and he looked at this and said what an absolute disgrace this could be happening to our constitution and he looked at mike pence and i hope mike is going to do the right thing, i hope so. i hope so. because if mike pence does the right thing, we win the election. >> fact check, false. there were die-hard loyalists around trump in the final days, you just saw him speaking on the 6th, some pushed every lie and theory even as they thwarte

he finds john eastman. he wrote two of the memos trying to get mike pence. in the war room before january 6th. the idea being that trump knew he lost and he just kept searching for people to help him cheat. >> and that heated exchanges this deposition includes between pence's lawyers and eastman while january 6th was going on really are revealing. i mean, you know, they refer to eastman as a serpent in the ear of the president. really colorful language here that shows what was going on. >> the other thing that i find so compelling about this evidence is that throughout this entire process, trump and his acolytes tried to paint this as ground up. grassroots supporters so concerned about election fraud. that's why they convinced their state legislators to conduct audits. what we're seeing time and time again, this was a top-down coordinated effort that was started and fueled by donald trump and his desire to win. >> we have this. i'm not going to read from it. this is a statement from the former president of the united states where he says, no, the committee i

because this has a major impact on that claim of attorney/client privilege from john eastman.ed should donald trump be this morning? >> somewhat concerned. look, you touched right on the point, erica. john eastman is claiming attorney/client privilege, seeking to have a lot of documents shielded by atto attorney/client privilege. what the committee does here is lay out quite clearly instances in where they have what is called a good faith belief, they use those words repeatedly through their filing, a good faith belief that crimes were committed and they lay out three crimes that may have been committed. >> what are the chance these emails are in fact turned over? >> i think pretty significant. the way it works is that the judge will review each of the -- if the judge buys the argument here, it is a strong argument made in this detailed pleading, if the judge buys it, the judge will review privately outside of the view of any of the attorneys all of the statements and documents that eastman is seeking to have privileged. some of them might be protected. but at the end of the d

get that information. >> joyce, let me ask you quickly here, the judge also ordered the lawyer john eastmangive the january 6th committee more than 100 emails he's been attempting to shield using attorney/client privilege. this is a guy who wrote a memo that's been likened to sort of a playbook for a coup. what do you think those emails will tell us? >> one of the emails the judge focused on in his opinion is an email he characterized as the first effort to set down the plan to overturn the election in detail, not just a legal theory, which even john eastman said he didn't believe would fly in the courts, but rather a step-by-step guide. if you would, it's a how to coup. so getting their hands on this information will be essential for the january 6th committee. sometimes you can tell how important information is when you're investigating a case by how vigorously the people on the other side try to keep you from getting it. and certainly in this case, eastman, who is the person who went to court here out in california to try to defeat the committee's subpoena, has given us every reason to be

. >> cooperated and the steve bannons, the john eastmans trying to fight but a great number of peoplent and seen a bit of it. testified under oath and presumably truthfully. >> i want to tease out of you what this tea leaf exercise portends and the iceberg looks like. more on the other side of this break. i have moderate to severe plaque psoriasis. now, there's skyrizi. ♪ things are getting clearer ♪ ♪ yeah, i feel free ♪ ♪ to bare my skin ♪ ♪ yeah, that's all me ♪ ♪ nothing and me go hand in hand ♪ ♪ nothing on my skin, that's my new plan ♪ ♪ nothing is everything ♪ keep your skin clearer with skyrizi. most who achieved 90% clearer skin at 4 months had lasting clearance through 1 year. in another study, most people had 90% clearer skin at 3 years. and skyrizi is 4 doses a year, after 2 starter doses. ♪ it's my moment ♪ ♪ so i just gotta say ♪ ♪ nothing is everything ♪ skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms su

insurrection around cases that have arisen from the committee's aggressive pursuit of people like john eastman e-mails. this is what the judge writes about the eastman memo. this is what adam kin social security kinsinger says -- al security kinsinger says -- >> so taking heilman out of this and adam shift out of this. if the country and i'm guessing he means absent the 1/6 committee, they fear january 6th will repeat itself. how helpful is that to the 1/6 committee? >> extremely helpful. and as mike pointed out, the judges ruling doesn't mean that trump is charged for even investigated for a crime. but it increases the pressure. and it also really he could on rates the entire impetus and foundation for the committee's work and their mission. the determination that we saw today from u.s. district court judge david carter comes amid battle just to sort of set the stage here between john eastman and the committee in terms of turning over his hundreds and thousands of e-mails he sent from his personal e-mail. and the committee wanting that as a part of their investigation. ultimately, there were

the documents were filed to persuade a federal judge to force orange county attorney john eastman to turn over emails . those messages allegedly laid out a blueprint for trump to overturn the election. >> what they're saying is that we have a lot of evidence, we have talked to a lot of people, we have a good safe belief that the former president and his attorney engaged in a fraud or a crime to over from turn the election. that means no attorney client privilege. >> to be clear, this is not a criminal indictment, he is not facing any charges. that would be up to the department of justice. >>> lifted the indoor mass mandate means that those attending the justin bieber concert were not required to mask up. >> anthony and his daughter are in san jose to watch justin bieber. for them they are not ready to take their masks off. >> there is still covid out there, my daughter is in school and i work with youth and families. >> reporter: baltimore, boston and philadelphia will be dropping their masking orders. los angeles county will do so on friday. this is the president announced a new pla

i want to comment quickly on the ruling today in john eastman's lawsuit to stop the select committee from obtaining certain records. as the vice chair, this ruling is a clear victory for the rule of law. i encourage people at home to read what george carter wrote and consider has words very carefully. his warnings about the ongoing direct to american democracy should alarm every person in this country. i want to read a short excerpt on george carter's ruling. dr. eastman and president trump launched a campaign to over -- overturn a democratic election, and action unprecedented in american history. the campaign was not confined to the ivory tower. it was a coup in church -- in search of an would you -- a legal theory. it deepened public distrust in our political process. more than a year after the attack on our capitol, the public is still searching for accountability. i am proud to say this committee is helping to lead that search for accountability. that is why we are here tonight. let's turn to mr. savino and mr. navarro. these are not household names. my colleagues will share some

this is a dispute over whether the january 6th committee can have emails from john eastman to the presidentlf. eastman said they were covered by privilege and the judge said there is an exception. he said about eastman's idea that vice president pence on january 6th could simply refuse to count the vote. it would have either deprived joe biden of the majority or thrown the election into the house of representatives where the republicans had a majority in state delegations. but judge david carter says this, "the illegality of the plan is obvious, our nation was found on the transition of power, ignoring this history president trump vigorously campaigned for the vice president to single handedly determine the results of the election. so he says it was a conspiracy to obstruct an official proceeding, the counting of the vote and a conspiracy to defraud the federal government. but, he says, don't get too excited here. he says the public is still searching for accountability. this case cannot provide it. this court is tasked only with deciding a dispute over a handful of emails. this is not a cr

the january six investigation, naturally, had a lot of questions for john eastman.hey subpoenaed him, he pled the fifth. he asserted his rights not to incriminate himself under questioning. politico called it an extraordinary assertion against someone who worked with trump to have the overturn of the way presidential results. -- more importantly his emails from his time working with trump to overturn the election. mr. eastman has been trying to block the election from getting those emails, claiming that he was acting as donald trump's attorney, and therefore his emails are protected by attorney client privilege. here's where things get interesting. tonight, the january six investigation has filed a motion in court, making a case to for what these emails are saying -- and what they are saying is that the attorney client privilege is void, if what's the lawyer and a client is communicating about, is something illegal and fraudulent. you in your lawyer cannot plan something he evil and then claim attorney client privilege to shield the crime. and now the january six in

select committee is expected to submit a court filing laying out new details of trump lawyer john eastman'sn to persuade mike pence to overturn the election. mayoral member eastman authored that memo outlining a six-point plan for pence to overturn the presidential election in seven states. he was also a speaker at the rally that proceeded the deadly siege on the capital. the washington reports says the filing is expected to reference testimony from two of pence's top aids, mark short and greg jacob explaining eastman lead a pressure campaign against pence, a last ditch effort to get pence to change his mind and not certify the results. joining me is pete aguilar of california. congressman, let's get into it. it seems part of the request here is for eastman to turnover search emails, to go through emails and find any emails that mention lawmakers and i'll go through some of them. andy bigs, mo brooks, paul gosar, cindy hide smith. what is the timeline on getting that kind of compliance and if that compliance doesn't happen in time for the hearings in april, then what? >> the timeline could

but this idea that a judge talking about john eastman and donald trump. tonight. but how big a deal is it that a federal judge is now saying that trump and eastman, likely committed crimes and the commission of trying to get the election overturned? >> it is a very big deal. judge carter, a federal district judge in california, said that the president likely committed felony offenses in conspiring to obstruct a federal proceeding, to interfere with it and to commit a fraud against the united states. and he went on to say that had the plot that eastman and trump were involved with, had it succeeded, then we likely would've seen the end of the peaceful transfer of power in america. it would have been a threat, permanently, to democracy and the constitution and what makes me so pleased about this is the country, the judiciary, the people are waking up to the immensity of the offense against our constitution and our democracy that took place on january 6th. and people are putting it in this global context of a war on democracy being waged by the clippers -- t

john eastman of chapman university law school in southern california had tried to block the house committee investigating the riot from obtaining his emails. hundreds of ethiopian troops converged on a town knew the border of the northern high-grade province, days -- province. additional troops may help facilitate the humanitarian corridor to allowed aid to be dispersed to millions who need it. there aid may also place them at risk. the two sides have come to a cease-fire since hostilities erupted in november of 2020. in china, the discovery of the second black rocks from the china eastern crash gives investigators their best chance to find out why the boeing 737 fell out of the sky. a flight data recorder has been sent to beijing for analysis. some parts of the device are severely damaged. all 132 people who were on board are presumed dead. global news 24 hours a day, online and at quicktake on bloomberg, powered by more than 2700 journalists and analysts in over 120 countries. i'm mark crumpton. this is bloomberg. ♪ >> welcome to bloomberg markets. matt: here are the top stories we are fo

the house select committee has used this litigation over john eastman's e-mails to publicly lay out theer president trump. in a filing in this case earlier this month, the committee accused the former president and eastman in engaging in a criminal conspiracy to perpetrate a fraud against the american people by trying to undermine the outcome of the election. and here, in today's decision, you have a federal judge saying, yeah, that's right, it's more likely than not that they were planning a crime. that is a big boost, anderson, for the house select committee as it mulls whether to make a criminal referral to the justice department of former president trump. >> paula reed, thank you. appreciate it. >>> coming up, parental guidance from cnn's crystal ward on a program for pbs. we'll be right back. with my hectic life, you'd think retirement would be the last thing on my mind. thankfully, voya provides comprehensive solutions, and shows me how to get the most out of my workplace benefits. voya helps me feel like i got it all under control. voya. well planned. well invested. well protecte

6th navigation, a federal judge ordered the release of more than 100 emails from trump advisor john eastman, the judge wrote in his decision that it is more likely than not that former president donald trump committed crimes in his attempt to stop the certification of the election. east man was consulting with trump. >>> developing news, two shootings that happened minutes apart in san jose. >> this was the homicide that happened on south 4th street, sunday morning and minutes later there was a shooting that involved an officer around the corner. police today say they are unrelated. as far as the homicide they say it is still an active investigation at around 2:44 a.m. sunday officers responded and found a male suffering from at least one gunshot wound, he was pronounsed dead at the scene. they are not releasing a description yet. as far as the shooting that involved an officer, there is limited details around 3:10 a.m. officers saw people fleeing on east san carlos and saw a man pointing a man at someone, one of the officers shot him, he has not been identified and expected to survive. ser

6th investigation is now saying to the judge tonight, we believe donald trump and his lawyer, john eastman, were engaged in crimes. let me read some of it for you. this is from tonight's filing from the january 6th investigation. evidence and information available to the committee establishes a good faith belief that mr. trump and others may have engaged in criminal and or fraudulent acts. and that plaintiffs legal assistant was used in furtherance of those activities. the president sought to use the vice president to manipulate the results in his favor. how the suffered succeeded, the electoral count would have been obstructed, impeded, influenced and at the very least, delayed. all without any genuine legal justification and based on the false pretense that the election had been stolen. there is no genuine question that the president and plaintiff attempted to accomplish this illegal result. the select committee also has a good faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy to defraud the united states by interfering with the el

as alisyn says, this is just part of a motion to defeat an attorney/client privilege claim of john eastman a lousy claim for several reasons, but one of them, and this is the third, the court doesn't need to adopt it is, if your client here, donald trump, is actually planning a crime, there's no attorney/client privilege so that leads the committee to say, look, there are two federal crimes afoot here, basically having to do with deceitfully trying to keep the congress from doing its work. pretty important and they do drop some of the voluminous evidence they have been getting. basically where people say to trump, no, ifs, ands or buts, you're totally all wet here and that tends to show his intent that he can't say it's at all innocent. so that's happening now for that motion and i think it means they will almost certainly do a referral down the line, maybe in a couple months. then it lands on the lap of merrick garland, who i think will say, thank you very much, but it's to us to exercise independent judgment. unlike the referral you gave us before about contempt where you, congress, were

ted cruz and josh hawley were involved in objecting to th john eastman's plan and following the playbook. there is so much that's circumstance, trump's aides knew what was happening and mark meadows and clearance thomas' wife knew what was happening. they have the same information. i don't see how everyone could have come to the same idea how to steal the election and not talk to each other. is there any way that a prosecutor can look at that set of facts that all these senators seem to know what is going to be done? eastman has written it down in a memo and everyone is acting the same way but they don't know and aren't talking? that doesn't make sense. >> that's a situation where the prosecution would try to prove there is a conspiracy and different people have different input and different roles and different participation but they were all in the same page and part of the same agreement and there is law that says a conspiracy may be proved that it was not just an explicit agreement by implicit agreement. you don't have to get-togethers in the same room and sign a document that says he

this is about a court case to free up some emails that the committee want from john eastman.me, that's worth investigating here, shouldn't merrick garland be investigating it? >> i do want to offer one caveat, it is not entirely -- let me put it affirmatively, they may be investigating this and we just don't know it. there is a big january 6th investigation going on, and the full extent of it we don't know. and we do know that rudy giuliani, for example, is under criminal investigation for related matters, if not this in and of itself. but the really striking thing about this 60-page brief that was filed is you see all the evidence together for the first time. the way we have been covering the story necessarily, it is like this witness said this, this witness said that, but when you see it pulled all together, it is really very striking. and let me give you one example, something i didn't either know or remember. 2:24 in the afternoon on january 6th, while the riot is going on, while the -- the capital is already being occupied, president trump is tweeting that mike pence in

john eastman included, i have a responsibility to protect client confidences even at great personal risko dr. eastman's efforts to discharge this responsibility by accusing him of criminal activity. of course, this is going to go through the court system. what this does, jose, it leaves open the possibility that this is going to land, as many expected it would, at the feet of the department of justice. the committee's work is happening on an expedited timeline. the committee hoping to put up an interim report in june before filing the full report before the november midterms. the committee has always been on that faster timeline because of the politics that could change on the hill. the thing that won't change and it's important now that we consider the role the doj could play in this, it doesn't matter what happens in 2022 when you're talking about the white house and the department of justice. it's still going to be the biden administration and the biden department of justice. >> the doj is one thing. maya, this committee can't prosecutor bring criminal charges. what's the significance

district court judge david carter ordered trump legal adviser john eastman to turn over hundreds of emails to the house committee investigating the january 6 attack on the capitol. judge carter determined that trump and eastman launched a campaign to overturn a democratic election that was unprecedented in u.s. history, calling it a "coup in search of a legal theory." meanwhile, "the washington post" reporting records released of the january 6 committee shows a gap of more than seven hours in president trump's phone logs as the capitol was being assaulted. the post reports the is investigating whether trump communicated that day through back channels. phones have aids or personal disposable phones known as burner phones. also on monday, the house january 6 committee voted unanimously to recommend criminal contempt of congress charges againsformer white house aides peter navarro and dan scavino after they became the latest former trump administration officials to refuse to cooperate with congressional subpoenas. in afghanistan, the taliban has banned several international media outlets, inc

talk about the ruling the judge made in california that maybe gets you a step closer to getting john eastman to turn over records that you guys have subpoenaed. this is the lawyer that essentially tried to plan this legal -- that came up with this legal theory trying to get the vice president to delay certification in some form. the judge said it's possible the president himself committed a crime here. i know the committee has not ruled out the idea of a criminal referral for the former president when all is said and done. what did you make of that judge's assessment? >> it was an extraordinary thing. i'm glad people across the country are a united states dist court judge now who says that it was likely and more likely than not that the president engaged in a criminal effort to interfere with a federal proceeding and essentially to defraud the public of its right to an honest election. and then he went beyond that to say that it might have been the -- might have spelled the end of the peaceful transfer of power in america undermining democracy and the constitution forever after. and if you l

the ruling ordered the release of more than 100 emails from trump adviser and attorney john eastman to the january 6th house committee. eastman was trying to withhold documents from the committee on the basis of attorney/client privilege. >>> at least three people were killed and more than two dozen injured in a massive pileup involving 60 vehicles in central pennsylvania on a highway. >> watch out, watch out, oh, god. >> heavy snow and poor visibility are being blamed as cars, tractor trailers, and other vehicles lost control yesterday and slammed into each other. some drivers attempted to pull off the road for safety, but people left stranded on the highway had to jump out of the way as other vehicles kept crashing. >> i couldn't see three feet in front of me. and then i knew i was getting close to an exit. i went over to the right lane, and by then my car slid off into the bank. there was no visibility. i could only hear cars around me hitting each other. >> we got hit from that side, pinged on that side, pushed, ended up in the ditch, and ended up getting hit again. >> several vehi

on another front, the committee claims victory after california federal judge ordered attorney john eastman, who outlined legal plans to overturn the 2020 election, to turn over his records. in his ruling, judge david carter said more than likely do not engage in criminal conduct to overturn the election. skyler henry, cbs news, capitol hill. >>> still ahead on kpix5 and streaming on cbs news bay area, possible partnership on the roads, how big rideshare he could be teaming up with taxis. >>> cloud cover and fog stubborn today but we brought her to a mix of clouds and >>> there may be a new way to hail a taxi in san francisco. new york times reporting uber and taxi company, flywheel, or close to agreement. if it goes through, uber users would have the option to hail a flywheel taxis. andria borba digging into that certain we will have more on kpix5 news at 7:00. >>> time to look at the forecast , chief meteorologist paul heggen joining us. things are breaking up out there. >> giving away to little sunshine around the bay, stubborn so far, another storm some stem approaching the west coast.

> andrea, this is a long running effort by the january 6th committee to get these e-mails from john eastmane president and other people in the white house, and mr. eastman had argued that there was privilege here, an attorney/client privilege, and the judge had to decide whether any of this material actually was privileged. he says some of it is, but there is an exception to the privilege for what is known as the crime fraud exception. if the e-mails could constitute evidence of a crime, and he says some of them could. what he says is that he finds it more likely than not that's the phrase the judge uses here in this order, more likely than not that president trump corruptly attempted to obstruct the session on january 6th when congress counted the electoral votes. now, he says in his opinion here, the illegality of the plan was obvious, the nation was founded on the peaceful transition of power, epitomized by george washington laying down his sword to make way for democratic elections but the judge says ignoring history, president trump vigorously campaigned for the vice president to singl

it's part of that effort to force trump ally lawyer john eastman to turn over a series of documents thatdent, allie vitaly, host of "the talking feds" podcast harry lipman and professor at the university of alabama law school, joyce vance. good to see all of you. joyce, for everybody who witnessed what happened on january 6th and thought this isn't legal, does that development that we're hearing get us anywhere in terms of actually seeing criminal charges? >> so, what this brief suggests is that the committee ultimately will make a referral to the justice department on these charges. there's a conspiracy to defraud united states charge and an obstruction of justice charge. and it's important, chris, to note that this brief is a serious legal endeavor. the lawyers who filed it are not the cracken lawyers. this includes former white house lawyers, former u.s. attorneys, doug ledder, the lead signatory, ran the civil appeals program at the justice department for many years before he became the top lawyer for the house. so this is well thought out. it's well researched. it's well evidenced.

the committee seems a little closer to getting documents john eastman has tried to keep from them.y all of eastman's documents need to be handed over and significantly noting the former president, in his words, likely attempted to obstruct joint session of congress. let me break this down. leigh ann caldwell is on capitol hill for nbc news. also with us is pete williams. betsy woodruff swan, an msnbc contributor, joins us as well. leigh ann, let me start with you and about jared kushner set to appear in front of the committee this week. talk to us about what we know. >> we don't know that much, hallie. we do know that he's scheduled to appear on thursday. perhaps because with he wasn't subpoenaed, he was requested to come, as they do with other trump family members. that he might actually speak to the committee. if he does, though, would he actually give them any information or would he plead the fifth? but it is on the schedule, and this is another sign that the committee is moving very closely to the former president and trying to get as much information as possible, hallie. >> l

john eastman has a responsibility to protect client confidentials, even at great personal risk and expenseselect committee has responded to dr. eastman's efforts to discharge this responsibility by accusing him of criminal activity former president trump responded as well to this filing, by once again falsely claiming that the election was rigged and claiming the committee is covering it up. nbc's sahil kapur has been covering every step of the committee's work on what evidence are lawmakers basing this very serious allegation >> absolutely, shep. these are some explosive allegations of criminal activity against former president trump and specifically they say there's good reason to believe that donald trump is guilty of three specific transgressions. the first is obstruction of an official proceeding of congress. the second is conspiracy to defraud the united states. and the third is common law fraud. they say among other things calling the georgia secretary of state, asking him to find just enough votes to declare himself the winner in georgia even though he lost that state. they cite hi

the documents are part of an effort to compel trump's former league adviser john eastman to cooperate with the investigation. >>> and meantime, an alabama man linked to the far right group the oathkeepers pleaded guilty to seditious conspiracy for his role in the capitol attack. army veteran joshua james is the first person involved in the insurrection to be convicted of the rarely used charge. he's agreed to cooperate with the investigation. oathkeepers' founder, stewart rhodes, and nine others have pleaded not guilty to conspiracy and other charges. >>> the white house unveiled its plan to move past the covid pandemic. the roadmap details how the country will prepare for future outbreaks. mola lenghi reports. >>> we are moving forward safely. >> reporter: the new covid plan includes an aggressive monitoring system that the white house says can detect new variants earlier and trigger a faster response with vaccines and treatment. >> the president's plan launches a new test to treat initiative to provide individuals access to testing and treatment for free all in one stop. >> reporter