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November 03, 2023 01:30 PM UTC

CU Conservative Scholar Eastman One Step Closer To Disbarment

  • by: Colorado Pols
John Eastman, photo courtesy Fulton County Georgia Sheriff.

As Joyce Cutler reports for Bloomberg Law News, former University of Colorado Benson Center Visiting Conservative Scholar and currently retained attorney for the Colorado Republican Party John Eastman had another very bad career day, with a California State Bar Court judge issuing a preliminary ruling in the case seeking Eastman’s disbarment for his role in the 2020 presidential election coup plot that sets the stage for the pulling of Eastman’s license to practice law:

A California State Bar Court judge on Thursday preliminarily found Trump attorney John Eastman culpable in the 11-count trial on moral and legal violations for allegedly conspiring to invalidate the 2020 presidential election.

After 32 days of testimony, Judge Yvette Roland made “a preliminary finding of culpability,” saying the case will “move forward with not only rebuttal testimony but aggravation.”

Having secured a preliminary ruling that Eastman is culpable, prosecutors in the case are now free to proceed with arguments about aggravating circumstances in the case that they contend merit Eastman’s disbarment, such as harassment of election officials. Given the opportunity to respond, Eastman–in stark contrast to fellow Donald Trump attorney Jenna Ellis, who pleaded guilty last week in the Georgia criminal case in which Eastman also stands accused–doubled down on his now three years-disproven “belief” that the 2020 election was indeed stolen:

The former Chapman University law professor when asked by Roland said the evidence during the trial “only confirmed” his views “illegality opened the door to fraud,” and that the vice president and not Congress had the authority to resolve disputes over electors.

Eastman maintains that ballots were illegally counted and actions taken by local election authorities without legislative authorization that invalidated the election.

He testified that Vice President Mike Pence had the authority to delay counting electoral ballots as president of the Senate to allow states to resolve any disputes. That was disputed by Pence chief counsel Gregory F. Jacob and White House lawyer Eric Herschmann regarding vice presidential authority to reject electoral votes.

Closing arguments in the trial, in which the bar seeks to lift Eastman’s license, are scheduled for Friday, with election officials also set to testify.

That Eastman is clinging fast to the “Big Lie” falsely justifying his actions is a sign that Eastman, unlike Jenna Ellis, may not be planning to take a plea deal in the Georgia criminal case–but instead rely on his supposedly “sincere” belief that the 2020 presidential election was stolen to mitigate his criminal culpability for violations of law Eastman once candidly admitted to. Ellis’ carefully-worded admission in her plea agreement apology was that she failed to “make sure that the facts the other lawyers alleged to be true were in fact true”–meaning the facts presented to her by higher-ranking attorneys like Eastman and Rudy Giuliani.

The question therefore for the California Supreme Court is whether Eastman’s unshakable professed belief that Donald Trump is the rightful President is reasonable, in light of the lack of any evidence to support that belief–or the result of dishonesty or some other unsoundness of mind that disqualifies Eastman from practicing law.

And with the lower-ranking attorneys pleading out in Georgia, Eastman’s case there may be where the “Big Lie” finally gets a full reckoning in a criminal trial. Eastman’s defense, like Trump’s, may hinge on a jury believing that these men can persuade themselves to “sincerely” believe anything. A surrender of shame to avoid a literal surrender.

For Eastman’s many friends and boosters in Colorado, there’s plenty of shame to go around.


8 thoughts on “CU Conservative Scholar Eastman One Step Closer To Disbarment

  1. Apparently, this plan to "Plead Stoopid" is gaining popularity among the Georgia defendants.

    Kachouroff also said during the hearing that “we are not trying to re-litigate the election” (HA! -ed.) — an apparent contradiction of his prior statements that drew a skeptical reaction from McAfee. He said examining the election records is necessary to either prove that Floyd is innocent, because the election was indeed stolen — or to prove the election was not stolen and Floyd is innocent under a “mistake of fact” defense.


  2. It's good that the authorities are proceeding slowly and deliberately with the Eastman case. If he is to be disbarred, the case must be rock solid.

  3. In other "lying" news…

    Mark Meadows' Book Publisher Sues Him for Lying in Book

    All Seasons Press is asking for the $350,000 advance they paid to Meadows, $600,000 in additional compensatory damages for expenses, and $1 million in reputational damages suffered by the company for their association with Meadows.

    The lawsuit alleges that the publisher expressed concerns with lies in the book very early on and withheld installments that were supposed to be paid even after being threatened by Meadows' attorneys.

  4. "Eastman is clinging fast to the “Big Lie” falsely justifying his actions"

    Eastman is despicable but not stupid.  He knows that sticking to the big lie is his only defense.  Admitting that he knows it was a lie is an admission that he was trying to overturn a presidential election. 

  5. I wonder if other criminals will try the GOP belief defense..

    “But your honor I sincerely believe all the money in the bank vault belongs to me”.


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