Emails from December 2020 show lawyers discussing ways to delay the certification of results in Georgia, a closely contested state won by Democrat Joe Biden. One attorney, Kenneth Chesebro, suggested that an appeal to Thomas, as the judge handling emergency appeals from Georgia, could “end up being the key here.” “We want to frame things so that Thomas will be the one to issue some kind of stay or other circuit justice opinion saying that Georgia is beyond a reasonable doubt,” Cesebro wrote. “Realistically, our only chance to get a favorable judicial opinion by Jan. 6 that could keep the Georgia measure in Congress is from Thomas.” Another attorney, John Eastman, responded that he agreed, saying that if Thomas were to act, “that might be enough to get the Georgia legislature up to speed.” The emails were revealed to congressional investigators as part of a long-running lawsuit involving Eastman, a conservative lawyer and architect of Trump’s last-ditch efforts to stay in office, and the House committee investigating the Jan. 6 riot at the U.S. Capitol. Eastman is trying to withhold documents from the committee under claims of attorney-client privilege. The commission argued that there is a legal exception that allows disclosure of communications about ongoing or future crimes. U.S. District Court Judge David Carter, who is overseeing the case, has largely agreed, ordering the release of hundreds of emails to a House committee since the spring. In the end, the Supreme Court rejected multiple requests by Republicans to intervene in the election and invalidate the results. The emails were published by Politico. Their authenticity was confirmed by a person familiar with the matter, who was not authorized to discuss it by name and spoke to The Associated Press on condition of anonymity. Chesebro did not immediately return a message seeking comment. An attorney for Eastman also did not immediately return a call seeking comment. Thomas’ wife, Virginia, was interviewed by the committee in September when she supported the false claim that the 2020 election was rigged.
