Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Trump lawyers who fought election results saw Thomas as key

Lawyers who aided former President Donald Trump’s efforts to overturn the results of the 2020 election regarded an appeal to Supreme Court Justice Clarence Thomas as a “key” to their success

Eric Tucker,Mary Clare Jalonick
Wednesday 02 November 2022 15:37 EDT

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Lawyers who aided former President Donald Trump's efforts to overturn the results of the 2020 election regarded an appeal to Supreme Court Justice Clarence Thomas as a “key” to their success, according to emails provided to congressional investigators and made public Wednesday.

The emails from December 2020 show the lawyers discussing ways to delay the certification of results in Georgia, a closely contested state won by Democrat Joe Biden. One lawyer, Kenneth Chesebro, suggested that an appeal to Thomas, as the justice who handles emergency appeals from Georgia, could “end up being the key here."

“We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt,” Chesebro wrote. “Realistically, our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress, is from Thomas.”

Another lawyer, John Eastman, responded that he was in agreement, saying that if Thomas were to act, “that may be enough to kick the Georgia Legislature into gear.”

The emails were disclosed to congressional investigators as part of a long-running lawsuit involving Eastman, a conservative lawyer and an architect of Trump’s last-ditch efforts to stay in office, and the House committee investigating the Jan. 6 insurrection at the U.S. Capitol.

Eastman has been trying to withhold documents from the committee on the basis of attorney-client privilege claims. The committee has argued that there is a legal exception allowing the disclosure of communications regarding ongoing or future crimes. U.S. District Court Judge David Carter, who is overseeing the case, has mostly agreed, ordering the release of hundreds of emails to the House committee since the spring.

In the end, the Supreme Court wound up rejecting multiple Republican requests to intervene in the election and undo the results.

The emails were published by Politico. Their authenticity was confirmed by a person familiar with the matter who was not authorized to discuss the it by name and spoke to The Associated Press on the condition of anonymity.

Chesebro did not immediately return a message seeking comment. A lawyer for Eastman also did not immediately return a call seeking comment.

Thomas's wife, Virginia, was interviewed by the panel in September, when she stood by the false claim that the 2020 election was fraudulent.

_____

Associated Press writer Farnoush Amiri in Washington contributed to this report.

___

Follow AP’s coverage of the Jan. 6 insurrection at https://apnews.com/hub/capitol-siege

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in