Trump lawyers saw Justice Clarence Thomas as their 'only chance' to overturn election, emails show
Justice Clarence Thomas was "key" to plans to derail President Biden's victory and keep former President Donald Trump in power, according to emails from Trump's lawyers released Wednesday as part of a court battle involving former law professor John Eastman and the House committee investigating the Jan. 6, 2021, Capitol assault.
Overturning Biden's win required delaying the Jan. 6 congressional certification, and it's clear from the emails that Eastman and other Trump lawyers viewed Thomas as a likely ally. Eastman clerked for Thomas and was in contact with his wife, Ginni Thomas, as she was pushing to overturn Biden's victory. But Justice Thomas also handles emergency Supreme Court appeals from Georgia, and Trump lawyer Kenneth Chesebro focused on that power in a series of Dec. 31, 2020, emails.
"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 other members of Trump's legal team. "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."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
![https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg](https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516-320-80.jpg)
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Eastman, a chief architect of Trump's legal strategy to remain in office after losing the election, agreed. If Thomas were to act, "that may be enough to kick the Georgia Legislature into gear because I've been getting a lot of calls from them indicating they're leaning that way," he wrote back.
"If we can just get this case pending before the Supreme Court by Jan. 5, ideally with something positive written by a judge or justice, hopefully Thomas, I think it's our best shot at holding up the count of a state in Congress," Chesebro explained in another Dec. 31 email.
Thomas has faced calls to recuse himself from all Jan. 6–released litigation, but he has actively declined. "There is no indication in the emails that any of the lawyers directly appealed to Clarence Thomas regarding election litigation," The Washington Post notes.
On MSNBC Wednesday night, host Chris Hayes tied the Eastman emails to the ongoing Jan. 6 insurrection trial of Oath Keepers leaders and the state and local officials who refused to participate in the scheme.
Eastman had tried to shield the emails from the Jan. 6 committee, but a federal judge said no, suggesting they were evidence of a criminal conspiracy. You can read the emails at Politico.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
'Democrats now have a chance to present a vigorous, compelling case'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
What has Kamala Harris done as vice president?
In Depth It's not uncommon for the second-in-command to struggle to prove themselves in a role largely defined by behind-the-scenes work
By Theara Coleman, The Week US Published
-
How Black organizations quickly pivoted and mobilized for Kamala Harris
In the spotlight Harris has a shot at being the first Black woman to lead the Democratic ticket
By Theara Coleman, The Week US Published
-
Menendez convicted of bribery, fraud, and extortion
Speed Read The New Jersey Democratic Senator was found guilty in a federal corruption trial
By Rafi Schwartz, The Week US Published
-
Florida judge dismisses Trump documents case
Speed Read Judge Aileen Cannon ruled that special counsel Jack Smith was improperly appointed
By Rafi Schwartz, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Hamas says military chief survived Israeli strike
Speed Read An Israeli bombing failed to hit its intended target, military commander Mohammed Deif, but killed at least 90 Palestinians
By Peter Weber, The Week US Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published
-
First Israeli report on Oct. 7 finds 'severe mistakes and errors' in IDF response
Speed Reads Israeli military admits failures in response to deadly Hamas attack that triggered Gaza war
By Rafi Schwartz, The Week US Published
-
Senators seek special counsel for Clarence Thomas' gifts
Speed Read Democrats called for a criminal investigation of the Supreme Court justice
By Rafi Schwartz, The Week US Published
-
Biden saw neurologist during physicals
Speed Read Following his bad debate performance, many are asking questions about the president's brain
By Peter Weber, The Week US Published