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.

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.
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.
-
August 2 editorial cartoons
Cartoons Saturday’s political cartoons include a tariff self-own, rough times at the Trump golf course, and more
-
5 inexcusably hilarious cartoons about Ghislaine Maxwell angling for a pardon
Cartoons Artists take on the circle of life, Ghislaine's Island, and more
-
Ozzy Osbourne obituary: heavy metal wildman and lovable reality TV dad
In the Spotlight For Osbourne, metal was 'not the music of hell but rather the music of Earth, not a fantasy but a survival guide'
-
Trump revives K-12 Presidential Fitness Test
Speed Read The Obama administration phased the test out in 2012, replacing it with a program focused on overall health rather than standardized benchmarks
-
El Salvador scraps term limits, boosting Nayib Bukele
Speed Read New constitutional changes will allow presidents to seek reelection an indefinite number of times
-
Trump assigns tariffs, delays all except on Canada
Speed Read A 35% tariff on many Canadian goods has gone into effect
-
Harris rules out run for California governor
Speed Read The 2024 Democratic presidential nominee ended months of speculation about her plans for the contest
-
Trump sets new tariff rates as deadline nears
Speed Read New tariff rates for South Korea, Brazil and India announced
-
Ghislaine Maxwell: angling for a Trump pardon
Talking Point Convicted sex trafficker's testimony could shed new light on president's links to Jeffrey Epstein
-
Senate confirms Trump loyalist Bove to top court
Speed Read The president's former criminal defense lawyer was narrowly approved to earn a lifetime seat
-
Ghislaine Maxwell offers testimony for immunity
Speed Read The convicted sex trafficker offered to testify to Congress about her relationship with late boyfriend Jeffrey Epstein