Rep. Adam Schiff (D-CA):
Well, as you say, it’s not our role to prosecute or determine guilt or innocence.
But we are currently on trial trying to obtain records from some claiming to be an attorney representing the President. And the judge asked us to tell him whether the criminal fraud exception applies. And we believe so.
In other words, if a lawyer assists a client in committing a crime, his communications are not protected. And, here, a number of acts by the president and his campaign potentially violate statutes that prohibit corrupt interference in official process. And, of course, this joint session of Congress was official procedure.
And given that the president was repeatedly told that the vice president had no power to recall voters, that there was no basis for these false allegations of fraud, we believe there is had this kind of corrupt intention to interfere with the joint session.
But, also, the promulgation of these false claims, in our view, is part of a conspiracy to defraud. And we presented that evidence in court.