When it comes to Special Counsel Jack Smith’s ongoing investigations into the riot at the U.S. Capitol on Jan. 6, 2021, attorney Harvey Silverglate has made clear that his client John Eastman will not pursue any plea agreements and will not cooperate with Smith or other federal prosecutors.
Silverglate stated that his client provided “sincere legal counsel” when he asserted that former Vice President Mike Pence had the ability to decline certification of President Biden’s election.
“It was certainly cutting-edge. It was creative,” Silverglate said of Eastman’s theory. “But, you know, that’s what good lawyers are supposed to do. And Eastman’s advice was perfectly within the realm of good faith legal advice. I don’t have any doubt about it. I’m sure we can get experts to testify to that if necessary. If Eastman is charged, he’s going to trial. If he is convicted, he’s going to appeal. We will never, ever make a deal.”
“This whole thing has become so politicized that it’s not even funny. And it is a blot on the Department of Justice, in my view,” Silverglate said. “So, we are giving away our defenses. But we are that confident in our case that we’re willing to tell them what our arguments are in order to keep them from indicting him.”
The New York Times recently published a report which revealed that the case against President Trump and his nearly two dozen co-defendants is becoming increasingly complex, likely resulting in prolonged courtroom battles for years to come.
While some defendants are pushing for separate or expedited trials, others have endeavored to move the case to federal court.
“In the Georgia case, the question of whether to change the venue — a legal maneuver known as removal — matters because it would affect the composition of a jury. If the case stays in Fulton County, Ga., the jury will come from a bastion of Democratic politics where Mr. Trump was trounced in 2020. If the case is removed to federal court, the jury will be drawn from a 10-county region of Georgia that is more suburban and rural — and somewhat more Trump-friendly. Because it takes only one not-guilty vote to hang a jury, this modest advantage could prove to be a very big deal,” the Times reported.
“Some of the defendants seeking a speedy trial may believe that the case against them is weak. They may also hope to catch prosecutors unprepared. Another reason that some may desire a speedy trial is money. Ms. Willis had originally sought to start a trial in March, but even that seemed ambitious given the complexity of the case. Harvey Silverglate, the lawyer for Mr. Eastman, said he could imagine a scenario in which a verdict might not come for three years,” the outlet added.
“And Eastman is not a wealthy man,” Silverglate said, adding that his client “doesn’t have the contributors” that Trump has.
“We are going to seek a severance and a speedy trial. If we have a severance, the trial will take three weeks,” he predicted.
The New York Times reported that the bond agreement for Rudolph W. Giuliani, former personal attorney of President Trump, was negotiated by Atlanta attorney Brian Tevis.
Tevis suggested that it may take a substantial amount of time for the defense to adequately prepare their case, likely taking up to one year or longer.
“You have to realize that the state had a two-year head start,” he said. “They know what they have, no one else knows what they have. No discovery has been turned over, we haven’t even had arraignment yet.”
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