Enough is Enough: Heidi Ganahl Must Answer For John Eastman

Former CU visiting professor John Eastman, CU Regent/GOP gubernatorial candidate Heidi Ganahl.

As the Washington Post reported yesterday evening, a new court filing from the Select Committee investigating the insurrection at the U.S. Capitol on January 6th and the plot by ex-President Donald Trump to overturn the results of the 2020 presidential election directly alleges that crimes were committed by Trump and attorney John Eastman, the alleged chief legal architect of the coup plot–which could negate Eastman’s claim of attorney-client privilege over his communications while working for Trump on the basis of Eastman knowingly assisting with the commission of a crime:

The alleged criminal acts were raised by the committee in a California federal court filing challenging conservative lawyer John Eastman’s refusal to turn over thousands of emails the panel has requested related to his role in trying to persuade Vice President Mike Pence to reject electors from states won by Joe Biden. Eastman has cited attorney-client privilege as a shield against turning over the documents because he has said he was representing Trump at the time.

The committee argued in its filing that Eastman’s claim of privilege was potentially voided by the “crime/fraud exception” to the confidentiality usually accorded attorneys and their clients, which holds that communications need not be kept confidential if an attorney is found to be assisting their client in the commission of a crime. They asked the judge deciding whether to release Eastman’s emails to privately review evidence the committee has so far gathered to see if he believes it establishes that Eastman was assisting Trump in criminal acts.

“The Select Committee also has a good-faith basis for concluding that the President and members of his Campaign engaged in a criminal conspiracy to defraud the United States,” according to the filing.

Newsweek’s Ewan Palmer reports on an email released by the Committee that appears to show Eastman, who was at this time on the University of Colorado’s payroll as the Benson Center’s “Visiting Scholar in Conservative Thought and Policy,” imploring Vice President Mike Pence to commit a “relatively minor violation” of federal law:

To back up its claim, the committee revealed an email from Eastman in which he appeared to admit that his and Trump’s plans to stop the election results being certified in favor of Joe Biden were illegal… [Pols emphasis]

In one email to Pence’s lawyer, Eastman wrote: “I implore you to consider one more relatively minor violation” of the Electoral Count Act to adjourn for 10 days to allow the legislatures to finish their investigations into non-existent voter fraud.

“[Eastman] knew what he was proposing would violate the law, but he nonetheless urged the Vice President to take those actions,” the filing states.

Eastman’s central role in the planning and dubious legal rationale for the plot that would have seen Vice President Pence throw out the votes of millions of Americans has been known since at least last summer, but this is the first evidence we’re aware of showing Eastman explicitly acknowledging the criminality of what he is proposing. That could be enough to blow the doors off of Eastman’s claim of attorney-client privilege.

“The evidence supports an inference that President Trump, [Eastman], and several others entered into an agreement to defraud the United States by interfering with the election certification process, disseminating false information about election fraud, and pressuring state officials to alter state election results and federal officials to assist in that effort,” the filing added.

During Eastman’s visiting term at the University of Colorado, CU Regent now gubernatorial candidate Heidi Ganahl enthusiastically supported Eastman’s position with the school, and praised him for “riling folks up” after Eastman published a widely-condemned column questioning Kamala Harris’ citizenship. Despite Ganahl’s arguably closer connection to Eastman than anyone running for office in Colorado, she initially refused to answer any questions about the 2020 presidential election calling them “divisive.”

Ganahl would very much like for this “divisive question” to go away, but it’s not going to–in fact it’s only becoming more urgent as the investigation into January 6th keeps finding John Eastman under every proverbial rock. There’s no getting to November without reckoning with this, and trying to evade press inquiries about Eastman Cory Gardner style will only make it worse.

It’s a question of which voters Ganahl can afford to alienate.

And the first choice of “none” is no longer available.

3 Community Comments, Facebook Comments

  1. JohnInDenver says:

    Not just Granahl …. there needs to be an explanation of the party's hiring John Eastman for other work, too.   Westword wrote Trump Election Guru John Eastman Trying to Take Down Colorado Primary System Michael Roberts March 2, 2022

    Eastman has now joined Colorado-based attorney and KNUS talk-show host Randy Corporon, another notable election denier, to sue Colorado Secretary of State Jena Griswold over the primary system on behalf of PARABLE, a conservative advocacy group whose name translates to "People for Association Rights and Bi-Partisan Limited Elections."

    PARABLE's chairman, Chuck Bonniwell (who refers to himself as "Charles" in the group's latest press release), is a firebrand in his own right, the publisher of the Glendale Cherry Creek Chronicle who was bounced from his own gig at KNUS in late 2019 after making a dubious joke about school shootings. And other plaintiffs in the suit, filed on February 24, comprise a veritable who's who of notables on the Colorado Republican Party's farthest-right fringe. Among them are U.S. Senate candidate Ron Hanks, U.S. House hopeful Laurel Imer and Casper Stockham, a failed congressional candidate in 2020 who says he'd consider running this year if the primary rules were changed.

     

    • Lauren Boebert is a Worthless POS says:

      Challenging the (somewhat new) Colorado primary system as a First Amendment violation does not make Eastman a traitor or coup conspirator.

      Cooking up that "strategy" to allow Mike Pence to declare no electoral college winner on 1/6/21 did.

      But the primary statute may be vulnerable to a First Amendment right-of-association challenge. There is a long line of federal cases which hold that (with certain exceptions, the most notorious of which was the Texas whites-only Democratic Party primary which existed until the 1950's), if there is a conflict between the rules of a political party and state law, the state law will usually lose.

      Now the drafters of the initiative that created the current primary system were smart enough to include a provision that allows the political party to opt-out, but the law requires a supermajority which the GOP tried to do but was unsuccessful.

      May I suggest a cheaper and easier way for the GOP to select its candidates going forward. Simply send a list of all interested candidate to Mar-A-Lago (and those on the list can be encouraged to send money, gifts, slight-used women's lingerie, or whatever to the same address) and allow DJT to select who will be the candidates.

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