CNN's Poppy Harlow Grills Trump Lawyer's Lawyer: 'They Cannot Help in Pursuance of Committing a Crime' - The Messenger
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CNN’s Poppy Harlow Grills Trump Lawyer’s Lawyer: ‘They Cannot Help in Pursuance of Committing a Crime’

One of Trump's key defenses is that he was just acting based on legal advice he received during the time of the 2020 election

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CNN anchor Poppy Harlow on Thursday grilled, Harvey Silver, the attorney for former President Donald Trump's former lawyer and alleged co-conspirator John Eastman, about his client's role in the scheme to overturn the 2020 election results.

Trump's third indictment includes six unnamed co-conspirators who aided in his plot to block the peaceful transfer of power to then-president-elect Joe Biden. Based on text in the official indictment document, Eastman, is accused of being "Co-Conspirator 2," which Silver confirmed when speaking with Harlow. Eastman also faces a possible indictment.

Harlow and Silver got in a heated discourse over the part Eastman played in the election fraud efforts by breaking down the indictment line-by-line. Silver suggested Harlow didn't understand the purpose of an attorney.

"People do not understand, the role of lawyers," Silver said.

"I understand the role of lawyers," Poppy replied. "I’m asking you about these allegations made in the indictment."

The CNN anchor continued: "In paragraph 18 of the indictment. It talks about what went on, the communication between your client and what happened in Arizona. The Arizona House speaker, a Republican who we know is Rusty Bowers. Did your client talk to the Arizona House speaker and ask him to decertify the election and then, quote, 'let the courts sort it out' despite saying that he, quote, 'did not know enough about the facts on the ground in the state of Arizona?'"

"We will concede that. But what is, what is illegal about that?" Eastman's co-counsel asked.

"What are you, what are you conceding?" Harlow pushed back. Before Silver could answer, Harlow interrupted, "Specifically all that, all of that, Jack Smith’s team has right?"

"That is within the bounds of the law," Silver said. "That’s what I’m saying."

Breaking down another section of the indictment text, Harlow asked, "Did your client, let me ask you about another allegation then. On page eight, paragraph 89, I should say, of the indictment, this is talking about knowingly violating the Electoral Count Act. Did your client, in fact, circulate a plan that he acknowledged would violate the Electoral Count Act, what we were speaking about before? Is that correct?"

"That I’m not sure of. But assuming that he did his role was as a lawyer trying to come up with the best arguments he could," Silver responded. "I have had many cases where I’ve argued a point quite opposite something I argued in an earlier case. Lawyers have a particular role in our system. They do not have to be consistent from one case to another."

John Eastman (center) testifiAlex Wong/Getty Images

"But they cannot help in pursuance of committing a crime," Harlow finished.

Silver told Harlow that he and the rest of Eastman's legal team are preparing a memorandum for Attorney General Merrick Garland, insisting Eastman's innocence.

One of Trump's key defenses is that he was just acting based on legal advice he received during the time of the 2020 election.

On Wednesday, Eastman's legal team said the lawyer would refuse a plea deal if offered one, plead guilty, and take the case to trial if he is charged. If convicted, Eastman's lawyers said he would appeal.

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