For those who follow the January 6 hearing, Jeffrey Clark’s name is now very familiar. He was the relatively obscure DOJ environmental attorney that Trump wanted to install as Attorney General to perpetuate the “big lie” on election fraud.
It is unknow why his home was searched, or items like his cell phone, and computer seized. But, I am starting to get my suspicions based on what I’ve heard in the January 6 hearings in the House.
The Committee has decided to take a pause, as it has stated that they have received new information that will take time to review. Hearing will resume in July.
Reference: Jan 6 hearings (official record) NPR’s summary of Friday’s hearing
First, this search was done with a legal search warrant. Searches are often done early in the morning because they want to come in when the person is home and as soon as possible. The element of surprise is critical.
My suspicions are that Trump attempted to buy Jeffrey Clark’s loyalty by suggesting he could work for the Trump organization in some manner after Biden was sworn in. Jeffrey Clark would have to first have to set up a special counsel to investigate election fraud in the 2020 election, and send out a memo to all of the swing states, stating that they had discovered election fraud. To win Trump’s favor, he might also have inform VP Pence that the DOJ supported the “John Eastman” radical theory that the VP had sole discretion in counting the ballets. (see note below)
Jeffrey Clark did get subpoenaed by the House committee, and he appeared and plead the Fifth over 100 times. )The Fifth amendment to the Constitution gives people the right to refuse to answer questions that may be incriminating.
Big somehow, Trump and the campaign lawyers knew that Jeffrey Clark was their man inside the DOJ. How did that happen? It’s already on record that Clark violated Department policy by going to White House meetings without permission from his supervisors. I think for a search warrant at this stage, there was evidence of a more serious criminal action.
Trump had already talked to Attorney Sidney Powell about being special counsel for election fraud. In this ways, the “big lie” of an rigged election, and Biden as an illegitimate president could perpetuated beyond January 20. Money would continue to pour in to his SPAC, using the “Stop the Steal” theme to pay Trump’s legal expenses.
Note, these are marketing themes, “Promises made, Promises kept”, “Drain the Swamp”. “Lock her up” and of course “Hang Mike Pence.”
The Justice Department is not revealing anything about the search warrant. It could be for something occurring after his time in the Justice Department or related to his area of expertise – environmental law. DOJ isn’t going to be saying anything until they have an indictment.
If the search identifies anything that supports criminal charges against Jeffrey Clark, he will likely blame others, including Donald Trump. His excuse will be “blind loyalty” to number 45.
John Eastman’s radical theory on elections:
Eastman found ambiguity in the procedure for counting the Electoral College votes outlined in the 12th Amendment to the U.S. Constitution. Specifically, Eastman pointed to the phrase: “… and the votes shall then be counted.” He saw the fact that phrase was written in the passive voice as meaning that the vice president would have sole authority on which votes to count. Congress, in 1877, had passed a more specific law dictating how Electoral College votes would be counted, specifically how to settle disputes. But Eastman was among a set of scholars who saw that law as being unconstitutional.
I’m not exactly certain who this “set of scholars” are, but one can find a lawyer to advance almost any proposition in court, if one pays their bill.