Trump Attorney Eastman Faces Potential Disbarment in California

June 21, 2023

Prosecutors in California argued Tuesday that attorney John Eastman, who authored the failed plan to overturn the 2020 Presidential election in then-President Trump’s favor, should be disbarred.

The prosecutors asserted that Eastman concocted a baseless theory and made false claims of fraud. His defense attorney countered that Eastman never intended to steal the election; he was just considering ways to delay Congress in its Constitutional duty on January 6, 2021 to count and certify the electoral college vote—which President Biden won in 2020—until states could investigate allegations of voting irregularities. 

Ahead of January 6, however, a reported 61 out of 62 courts had already rejected Trump’s lawsuits challenging the 2020 election results. In that 62nd case, a judge in Pennsylvania had ruled that voters had three days after the election to provide proper ID and “cure” their ballots.

Eastman faces 11 disciplinary charges in the State Bar Court of California over his January 6 strategy, which involved having then-Vice President Pence refusing to certify the electoral college vote. Pence had refused to go along with the scheme. 

“All of [Eastman’s] misconduct was done with one singular purpose: To obstruct the electoral count on January 6 and stop Vice President Pence from certifying Joe Biden as the winner of the election,” said Duncan Carling of California’s office of chief trial counsel. “He was fully aware in real time that his plan was damaging the nation.”

During his deposition by last year’s House Select Committee into the investigation of the deadly January 6 insurrection upon the U.S. Capitol, Eastman pleaded his Fifth Amendment right against self incrimination some 100 times after not receiving a requested presidential pardon from Trump, according to Rep. Pete Aguilar (D-CA).

If Eastman is found culpable of the state’s charges, the California Bar can recommend punishments that include suspending or revoking his law license. The California Supreme Court would make the ultimate decision.

PHOTO: House Select Committee on January 6 deposition (Eastman at left with attorney)

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