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no announcer: this is cnn breaking news. let s get straight to the breaking news, a federal judge a few moments ago ordering the release of emails from john eastman. cnn senior justice correspondent is working this. walk us through what happened. this is a ruling from judge david carter in california, wolf. he is ordering the release of emails to the january 6th committee. john eastman, who worked as a lawyer for the former president in those weeks as he was trying to stay in office has argued they should be shielded under attorney client privilege. the judge is rejecting that saying that they may be evidence of a crime so therefore they fall under what s known as the crime fraud exception. i ll read you part of what the judge wrote in his order. he says the emails show that president trump knew the specific numbers of voter fraud were wrong but continued to tote those numbers both in court and to the public. the court finds that these emails are sufficiently rela ....
At the constitution, they re thumbing their nose at the separation of powers and they re thumbing their nose at the judicial process. it really saddens me as someone who worked for the department of justice for 30 years. but i cannot resist making some comment about rudy giuliani. there is one major similarity between rudy giuliani and austin powers. they are both entertaining and funny, but sadly on the one person takes them seriously, donald trump, and that is sad in itself. paul, do you agree with gene? as a former defense attorney, do you think the president and his team is making a smart move by not even showing up for these impeachment hearings? well, i think that they don t lose a lot by not showing up for this part of what s going on because we know from nancy pelosi s press conference that articles of impeachment are going to be voted against him. the real defense i think you ll ....
And most overwhelming evidence and not to try to charge everything even though you could charge other things. is it best to charge what may be a slam dunk versus all that is possible? when i was a prosecutor, i had about 110 trials. where i was unsuccessful is when i got greedy and i put in charges that i probably could have proven, but i didn t focus enough on the ones that were slam dunks, what i used to call lebron james layups. if you focus on the slam dunks, the ukraine, the abuse of power in terms of subpoenas and not cooperating with congress and stay away from the ruler report. but i want to go to what paul said. he brought up an excellent point. federal rule of evidence 404 b is prior bad acts that aren t charged but they are presented to a jury to show motive, plan, intent. so they may include those but ....
Not charge them. the punch line is this, keep it simple, stupid. the kiss principle. i remember that from elementary school, i think it was. paul, chairman nadler seemed very confident. he said that a jury would convict in less than 3 minutes. should he be so confident? do you agree with him? well, i don t know how many cases nadler has tried. i don t think he s tried very many. i think whether that statement is true would depend upon whether the jury was selected in a red state or a blue state. because essentially in the end whether there s a conviction will largely be political. we know the composition of the jury in this case, the united states senate, leans republican. i m not so sure there will be a swift conviction. i think he might be looking at a hung jury or an acquittal unless he comes up with something more compelling to bring republicans into his camp. an impeachable offense isn t ....
Office. i have to say as you re talking about this, you keep bringing up the 2016 election and russia. it certainly sounds to me like you want that to be included going forward. i wouldn t draw any conclusions. it is part of the pattern, which is why i bring it up. reporter: of course, i was talking to some members of the judiciary committee who are democrats and they said no decisions have been made yet about articles of impeachment, but of course things could be moving very rapidly with a vote by the end of the week to advance those articles to the floor of the house of representatives. thank you, lauren. i i want to bring in gene rossi and paul calen. it s a very interesting selection of wording by nadler when he says it may show a pattern, that is what happened in the mueller report, ....