Trump 'likely' committed felony by obstructing Congress, says US judge

Judge says former president 'more likely than not' tried to stop certification of President Joe Biden's electoral win

Former US president Donald Trump prepares to give a speech to supporters on January 6, 2021. Reuters

A US judge ruled on Monday that former president Donald Trump “more likely than not” committed a felony by attempting to obstruct Congress when he tried to subvert the 2020 election on January 6, 2021.

US District Judge David Carter in Los Angeles said in his ruling that the congressional committee investigating the attack on the Capitol by Trump supporters could obtain emails written by the former president's lawyer, John Eastman.

“Based on the evidence, the court finds it more likely than not that President Trump corruptly attempted to obstruct the joint session of Congress on January 6, 2021,” the judge said in a written decision.

Mr Carter said Mr Trump's alleged plan to overturn his November 2020 election defeat to Joe Biden amounted to a "coup."

Mr Eastman had been trying to withhold documents from the committee on the basis of an attorney-client privilege claim between him and the former president.

The committee responded this month, arguing that there is a legal exception allowing the disclosure of communications regarding ongoing or future crimes.

The March 3 filing from the House of Representatives committee investigating the Capitol attack was their most formal effort to link the former president to a federal crime.

Congress does not have the power to bring criminal charges on its own and can only make a referral to the Justice Department. The department has been investigating last year’s riot, but it has not given any indication that it is considering seeking charges against Mr Trump.

The committee argued in the court documents that Mr Trump and his associates engaged in a “criminal conspiracy” to prevent Congress from certifying Democrat Joe Biden’s victory in the Electoral College.

Mr Trump and those working with him then spread false information about the outcome of the presidential election and pressured state officials to overturn the results, potentially violating multiple federal laws, the panel said.

First gentleman Douglas Emhoff, Vice President Kamala Harris, US President Joe Biden and wife Jill Biden salute the crowd after their electoral victory on November 7, 2020. Outgoing president Donald Trump has yet to concede his loss. AFP

Rudy Giuliani, lawyer for former president Donald Trump, gives a press conference in the car park of the Four Seasons landscaping company in Philadelphia, Pennsylvania, after Joe Biden was declared as winner of the 2020 presidential election, which he claimed was false. As a result of these claims, Mr Giuliani can no longer practice law in the state of New York. EPA

Donald Trump meets Clint Hickman, vice chairman of Arizona's 4th District, Maricopa County Board of Supervisors, at Phoenix Sky Harbour International Airport in Phoenix, Arizona, Mr Hickman said that he refused to take calls from the White House and Mr Trump, who he said was trying to overturn the battleground state's results. AP

Four days before the Capitol riot, Donald Trump placed a call to Georgia Secretary of State Brad Raffensperger and asked the official to 'find' 11,780 votes to prevent the certification of Joe Biden's victory in the battleground state. The House committee investigators have already interviewed election officials in the state. AP

Ruby Freeman was an employee of the Fulton County Board of Registration and Elections in Atlanta, Georgia, during the 2020 presidential election. After the state went to Joe Biden, Donald Trump accused Ms Freeman of stealing ballots in a call with Brad Raffensperger, who told Mr Trump that he was being misled by claims on social media. Reuters

Kimberly Guilfoyle, engaged to Donald Trump's son, boasted to a Republican operative that she had raised $3 million for the rally that helped fuel the January 6 Capitol riot. She may be called to testify. AFP

Kash Patel, chief of staff to former acting secretary of defence Christopher Miller, gave a deposition on Capitol Hill to the committee on December 9, 2021. Members of the committee and staff members had been meeting with Mr Patel and 'Stop the Steal' organiser Ali Alexander. Getty Images / AFP

The Willard Hotel in Washington played home to a 'war room' set up by advisers of Donald Trump and has become the focus of the congressional investigation into the January 6 attack. AFP

Former White House chief strategist in the Trump administration Steven Bannon leaves a federal courthouse in Washington after being indicted on two counts of contempt of Congress. EPA

Roger Stone, a former adviser and confidant of Donald Trump, gave a deposition before the committee in which he repeatedly pled the Fifth Amendment when questioned. Getty Images / AFP

Bennie Thompson was chosen by Speaker of the House Nancy Pelosi to lead the House Select Committee on the January 6 Attack on the US Capitol. Getty Images / AFP

Bennie Thompson meets Liz Cheney, vice-chair of the select committee, Adam Kinzinger and Jamie Raskin on Capitol Hill. The committee voted unanimously to recommend contempt of Congress charges for former Department of Justice official Jeffrey Clark for defying his subpoena, refusing to answer questions and failing to hand over documents to the committee. Getty Images / AFP

Liz Cheney, committee chairman Bennie Thompson and other members of the committee speak to reporters after meeting with Nancy Pelosi. Reuters

Republican Scott Perry of Pennsylvania helped promote theories that the 2020 presidential election was stolen, resulting in millions of tax dollars spent on recounts in the state. Election workers there were also threatened with violence. Reuters

Chairwoman of the Arizona Republican Party Kelli Ward led the charge to pressure Maricopa County officials to invalidate the results of the 2020 presidential election. Ms Ward also said that 'outside agitators' were responsible for the deadly attack. AP

Jim Jordan, a Republican congressman, admitted to speaking with Donald Trump on January 6. Reuters

Lawyer John Eastman spoke with Donald Trump's personal legal representative Rudy Giuliani at the January 6 'Stop the Steal' rally in Washington. During the melee, Mr Eastman emailed Greg Jacobs, aid to vice president at the time Mike Pence, to say that it was Mr Pence's fault that the riot was taking place because he refused to block the election's certification results. Reuters

Before Mike Pence could certify the Electoral College votes before Congress, the last step in the process before Joe Biden was to be sworn in, rioters breached the US Capitol. Outside the chamber doors, a person was shot and police officers were beaten and trampled as some rioters yelled: 'Hang Mike Pence!' EPA

Former White House chief of staff Mark Meadows said he has no intention of complying with a subpoena to appear before the committee and missed a scheduled deposition. Committee members voted unanimously to pursue criminal contempt charges against Mr Meadows for refusing to give evidence. AFP

In a legal setback, a federal appeals court ruled against Donald Trump, demanding he turn over White House records to the committee. AP

Fox News host Sean Hannity sent text messages to the White House during the January 6 insurrection. AP

The Oath Keepers is a US militia group that recruits former members of the military and law enforcement, with many participating in the January 6 attack. The committee has sent a subpoena to its founder, Stewart Rhoades, and several members have been arrested. AP

The select committee subpoenaed Enrique Tarrio, naming him as leader of the Proud Boys, an extremist group that responded to Donald Trump’s call to descend on Washington and which played a central role in the attack on the Capitol. EPA

US Olympic swimmer Klete Keller can be seen, with arms extended and wearing a blue kerchief covering his face, during the attack on the US Capitol. He pled guilty to one count of obstructing an official proceeding and is co-operating with the committee. AFP

House select committee member Liz Cheney told CNN that a witness said Donald Trump's daughter and former White House adviser, Ivanka Trump, pleaded with her father to put a stop to the violence that took place on January 6. Getty Images / AFP

On January 9, 2021, Twitter banned Donald Trump after he tweeted his support for the rioters. Reuters

'Stop the Steal' organiser Ali Alexander gave a deposition on Capitol Hill to the committee. Getty Images / AFP

Stephanie Grisham, former White House Press Secretary under former US president Donald Trump, leaves the O'Neill House office building following a meeting with the Select Committee to Investigate the January 6th attack on the US Capitol. Reuters

News agencies contributed to this report