A federal judge on Friday rejected former Trump lawyer John Eastman's motion requesting the Department of Justice return his phone, reports Politico.
FBI agents seized Eastman's phone in June pursuant to a search order in the criminal probe surrounding the Jan. 6, 2021, Capitol attack.
Eastman, who played a crucial role in former President Donald Trump's efforts in late 2020 and early 2021 to overturn the presidential election, argued that the court should order the DOJ to return his phone and keep a copy "of whatever information it could have lawfully searched."
U.S. District Court Judge Robert Brack said Eastman's motion was premature but directed both parties to communicate a "realistic timeline" for the phone to be returned.
The DOJ argued that Eastman's claims were without merit, as he has already purchased a replacement phone and has never contacted federal officials to request the phone's return.
Eastman in 2020 asked Vice President Mike Pence to delay certification of the election.
"What we asked him to do was delay the proceedings at the request of these state legislatures so they could look into the matter," Eastman said, according to a report in the New York Times last October.
"The delay was kind of new to him," Eastman said about Pence, "and he wanted to think about it over and meet with his staff about it. But I didn't think he would do it. My sense was he knew an irretrievable break with Trump was about to come, and he was trying to delay that uncomfortable moment for as long as he could."
Eastman's legal advice he gave to Trump has been repeatedly raised by the House committee investigating the events on Jan. 6, 2021.
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
© 2024 Newsmax. All rights reserved.