https://twitter.com/kyledcheney/stat...68155764649985
Now I am not an expert, but it seems pretty plain if you read what the judge says (its in the tweets) that what Trump did was illegal and they both were part of the conspiracy which is why he is releasing the emails they claimed were privileged.
Methinks Ted Cruz is worried since he and Eastman were friends and he was obviously part of the conspiracy.
It's an interesting Order, and you should read it if you get the time. It's available online.
The Order involves 111 documents (I don't believe they are all emails) that Eastman claims are privileged either due to attorney/client privilege, or attorney work product doctrine. 10 were immediately discarded because they really weren't even documents or anything that could be protected.
Of the remaining 101, 90 of them didn't even fit in either attorney/client privilege or attorney work product. That is, they were communications that involved third parties (and thus couldn't have been privileged), had maybe already been publicly disclosed, or weren't in contemplation of or furtherance of any litigation (the work product standard).
That left 11 documents that the court found would be privileged. The House Committee argued that an exception to the privilege should apply, that they were in furtherance of a crime or fraud. The court said that 10 of the 11 documents didn't fit that definition, since they had nothing to do with any crime or fraud, or any furtherance of it. Those documents don't have to be produced.
But that left just one, single document that the Court said has to be produced because it fits within that crime/fraud exception to the attorney/client privilege or attorney work product.
The document is apparently an email containing a memo to Giuliani. No date is given in the Order, but the judge seems to think this is pretty much the start of the previously publicly disclosed Eastman memos regarding their outline for Pence.
I think that it's kind of funny that in order to ultimately try to protect this one document, the substance of which has probably already been made public, Eastman, et al, managed to procure an Order of a federal judge saying that he thinks they engaged in a criminal conspiracy.
Here is the order for those interested.
https://s3.documentcloud.org/documents/21561085/eastman-ruling.pdf
