During the twilight hours of 2020, a White House lawyer sounded the alarm about former President Donald Trump signing a sworn statement verifying facts his team knew were likely false.
Former White House lawyer Eric Herschmann emailed members of Trump’s inner circle on Dec. 31 that a lawsuit slated to be filed in federal court challenging the 2020 election in Georgia might not be “sustainable upon detailed scrutiny,” echoing a sentiment from conservative attorney John Eastman.
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“I will review now. I didn’t send John edits, I explained that I was concerned about the President signing a verification about facts that may not be sustainable upon detailed scrutiny,” Herschmann wrote in a Dec. 31 email to outside attorney Cleta Mitchell obtained by Axios.
“I think that we should limit specific factual ‘number’ allegations to those that are necessary i.e., those allegations that demonstrate that the decision is outcome determinative,” he added.
The Jan. 6 committee is privy to the Herschmann email, a source told Axios. The panel subpoenaed Trump for testimony Friday.
Earlier in the week, a federal judge sent shock waves across the Beltway, revealing that Trump signed a court verification he knew had false data. In a court ruling, the judge cited an email from Eastman.
In the email exchange, Eastman warned Trump had “since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate,” according to U.S. District Judge David Carter.
Trump and his allies had previously filed a challenge to the 2020 Georgia election in a state court. In that Dec. 4 filing, they claimed that election officials counted over 10,000 votes from felons, unregistered voters, and dead people, according to Carter.
However, after that suit was filed in state court, emails from Eastman and now Herschmann revealed that Trump’s inner circle learned that claim was dubious. Trump’s team then moved the lawsuit to federal court and made the same assertion, knowing it was false, according to Carter.
“But, by his attorneys’ own admissions, the information provided to him was that the alleged voter fraud numbers were inaccurate,” Carter wrote. “President Trump, moreover, signed a verification swearing under oath that the incorporated, inaccurate numbers ‘are true and correct’ or ‘believed to be true and correct’ to the best of his knowledge and belief.”
A federal judge rejected the lawsuit shortly after it was filed.
Trump quickly snapped back at Carter when news of the judge’s remarks swirled, bashing him as a “partisan” judge.
“Who’s this Clinton appointed ‘judge,’ David Carter, who keeps saying, and sending to all, very nasty, wrong, and ill informed statements about me on rulings, or a case (whatever!), currently going on in California, that I know nothing about — nor am I represented,” Trump chided on his Truth Social platform.
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Carter has previously argued in court that Trump most likely disrupted an official proceeding with his actions surrounding the Capitol riot.
“The Court has previously determined that President Trump was more likely than not engaged in or planning an obstruction of an official proceeding,” Carter wrote.
