US Supreme Court rejects former Trump lawyer Eastman's appeal over emails

John Eastman, chairman of the National Organization for Marriage testifies before the House Ways and Means Committee hearing on Organizations Targeted by IRS for Their Personal Beliefs on Capitol Hill in Washington June 4, 2013. REUTERS/Yuri Gripas/File PhotoWASHINGTON, Oct 2 - The U.S.

Conservative Justice Clarence Thomas did not participate in considering the case, the court's brief order showed. As is customary for the justices, Thomas did not explain the reason for his recusal. The Washington Post last year reported that congressional investigators had obtained emails between Eastman, who once served as a law clerk for Thomas, and the justice's wife, conservative activist Virginia "Ginni" Thomas.

The Democratic-led House panel issued a subpoena seeking the emails in its investigation into the Jan. 6, 2021, attack on the U.S. Capitol by Trump's supporters and other matters involving efforts to undo Democrat Joe Biden's 2020 election victory over Trump. Attorney-client communications are normally safeguarded from disclosure. The so-called "crime-fraud" exception involves when a judge determines that they are likely used in furtherance of a crime.that Trump and Eastman had "more likely than not" committed a crime in trying to obstruct Congress. Eastman has sought to erase the judge's determination that the "crime-fraud" exception applied to some of the emails.

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