(CN) — Attorney John Eastman is withholding hundreds of emails subpoenaed by the House Select Committee to Investigate the January 6 Attack on the United States Capitol, claiming attorney-client privilege. At a hearing in federal court in Santa Ana, California, conducted via Zoom on Monday, a lawyer for the committee argued those claims appear unjustified.
Eastman, a Chapman University professor who advised President Trump after the November 2020 election, played a key role in crafting the legal theory that Vice President Mike Pence could help overturn the election results according to the committee's attorney Douglas Letter.
"Professor Eastman appears to be a central player in the development of a legal strategy to justify a coup, which is, obviously, extremely troubling," Letter said. "And some of this therefore goes to the very heart of what the committee is looking into."
The House had subpoenaed Eastman's emails from Chapman University and Eastman sued to block the subpoena. In January, U.S. District Judge David Carter ordered Eastman to review 1,500 pages a day, producing any relevant documents and keeping a log of all privileged documents. So far, Eastman has turned over 8,409 pages of emails. Carter has ordered a review of the privilege claims, but the House committee wants that review sped up.
Letter argued the burden is on Eastman to provide evidence of that attorney-client relationship. But the log, Letter said, has included just a few words explaining why the documents are being withheld. For example: "comm. with co-counsel,” or "legal theories."
"We don't know who the client is," said Letter. "Mr. Trump, President Trump, or candidate Trump. One of the biggest things — we don’t know whether there was an attorney-client relationship at all."
Letter said some of the documents withheld by Eastman were from periods of time when Eastman was not part of Trump's legal team, at least according to a deposition given by Trump counsel Rudy Giuliani.
"Now, that may be wrong," said Letter. "So fine, show us an engagement letter that shows Mr. Trump hired Professor Eastman."
Eastman's lawyer Charles Burnham argued "privilege can attach to perspective clients" and that it can exist beyond a formal written agreement. "We're confident your honor will find our privilege claims to be solid," Burnham told Carter.
"Are you prepared to provide evidence to the attorney-client relationship?" Carter asked.
"We’re happy to provide everything to the court, for sure," Burnahm said, adding some of the evidence might be redacted or sealed from the public.
In a court filing Sunday night, Burnham suggested the House committee's objections to his client's claims of privilege were politically motivated.
"To the extent the congressional defendants’ claimed urgent need for resolution of the privilege issues is motivated by the looming 2022 midterm election, this is not a valid reason to alter this court’s Jan. 26 order."
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