A judge has recommended that conservative lawyer John Eastman be stripped of his California law license for his efforts to keep former President Donald Trump in power after the 2020 election.
Eastman, a former law school dean, faces 11 disciplinary charges in state bar after developing a legal strategy to get then-Vice President Mike Pence to block the certification of President Joe Biden’s victory. asked.
The recommendation, issued Wednesday by California State Bar Judge Yvette Rowland, now goes to the California Supreme Court for a final ruling on whether he should be disbarred.
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Eastman can appeal the Supreme Court’s decision.
“Dr. Eastman’s attorney, Randall Miller, said. Post-judgment statement. “The process that Dr. Eastman went through in 2020 is the same process that lawyers go through every day and everywhere. In fact, it’s the essence of what lawyers do.”
The judge found Eastman liable on 10 of 11 charges, including misleading the court, moral corruption, false statements and conspiracy with President Trump to obstruct the transfer of power. .
“Eastman conspired with President Trump to obstruct the legitimate functions of the United States government, specifically by conspiring to disrupt the January 6, 2021 election tally,” Rowland said. he wrote in the 128-page judgment.
The California State Bar is a regulatory authority and the only court system in the United States dedicated to the discipline of lawyers.
Mr. Eastman also faces separate criminal charges in Georgia in a case accusing Mr. Trump and 18 allies of conspiring to overturn the Republican Party’s defeat in the state.
Eastman has maintained his innocence, but has maintained that he was only acting as Trump’s lawyer when he challenged the results of the 2020 presidential election.
He accused the case of targeting lawyers “who are passionately advocating on behalf of their clients.”
He is also one of the anonymous co-conspirators in a separate 2020 election interference case brought by Special Counsel Jack Smith, but Eastman has not been charged in the federal case.
California attorneys argued that Eastman made false and misleading statements that amounted to “moral turpitude, dishonesty, and corruption” and violated the state’s business and professional regulations.
At the time, the agency said he “violated this duty by usurping the will of the American people and facilitating an attempt to overturn the results of an election to the highest office in the United States. This is a terrible and unprecedented attack on our democracy.” It’s an attack.”
“Considering the circumstances surrounding Eastman’s misconduct and the aggravating and mitigating balance, the court recommends Eastman’s disbarment,” Rowland wrote in his decision.
Eastman was a close adviser to President Trump in preparation for the Jan. 6, 2021, attack on the U.S. Capitol.
He wrote a memo outlining Pence’s plan to deny legitimate electoral votes to Biden while presiding over a joint session of the House and Senate on January 6 to keep Trump in the White House. Ta.
Prosecutors seeking to have Mr. Eastman’s law license revoked have accused Mr. Eastman of being promoted by President Trump for fabricating baseless theories and making false claims of fraud in hopes of overturning the election results. He was praised as a person.
Mr. Eastman’s lawyers countered that his client had no intention of stealing the election but was considering ways to delay the counting of electoral votes so the state could investigate allegations of voter fraud.
Mr. Trump’s claims of wrongdoing have been roundly rejected by courts that include judges appointed by Mr. Trump.
The judge was not convinced by Eastman’s argument that his actions were merely an expression of his devotion to Trump.
“It is true that lawyers have a duty to vigorously advocate on behalf of their clients,” Rowland wrote. “However, Eastman’s inaccurate claims were lies that could not be justified as zealous defense. Eastman failed to uphold its original duty of honesty and by presenting falsehoods to support its legal claims.” Breached an ethical duty.Finally, the court held that moral blasphemy is outside professional norms and falls outside the scope of the protections afforded by the First Amendment and the duty of vigorous defense. He points out that one thing is clear.”
Rowland agreed with Eastman’s attorneys on one of the 11 counts.
The judge found that Eastman’s comments at the Jan. 6 rally in Washington did not contribute to the subsequent attack on the Capitol.
Eastman will be placed on involuntary suspension within three days of the judge’s order, according to the state court, and while the Supreme Court hears the case, Eastman will remain an attorney in California. This means that they will not be able to carry out any activities.
The Center for United Democracy, which filed an early ethics complaint against Eastman, praised the judge’s decision.
“This is a significant victory in efforts to hold accountable those who tried to overturn the 2020 election. After hearing from approximately 20 witnesses during a 35-day trial, the court found that John Eastman “We have determined that the organization violated its ethical duty to protect the public,” said Kristin P. Sun, executive vice president of the nonprofit organization. “This decision sends an unmistakable message that no one is above the law, neither the president nor his lawyers.”
Mr. Eastman has been a member of the California Bar Association since 1997, according to his website.
He was a law clerk to Justice Clarence Thomas of the United States Supreme Court and founding director of the Center for Constitutional Law, a law firm affiliated with the Claremont Institute.
He ran for California Attorney General in 2010, coming in second in the Republican primary.
Eastman served as dean of Southern California’s Chapman University School of Law from 2007 to 2010, retiring in 2021 after more than 160 faculty members signed a letter calling on the university to take action against him. At the time, he was a professor at the same school.
