A lawyer at the heart of former President Trump’s endeavors to overturn the outcomes of the 2020 election is facing disbarment, as per a recommendation by a California judge on Wednesday.
State Bar Judge Yvette Roland has determined that John Eastman is responsible for 10 out of the 11 charges that were brought against him by the California State Bar in the previous year. The state bar’s objective was to revoke Eastman’s license to practice law within the state due to his involvement in making “false and misleading statements” regarding alleged election fraud and his alleged contribution to inciting the Capitol riot on January 6, 2021.
“In light of the circumstances surrounding Eastman’s misconduct and considering both the aggravating and mitigating factors, the court has recommended Eastman’s disbarment,” Roland stated in a comprehensive 128-page decision.
The judge further suggested that Eastman should be required to pay $10,000 in monetary sanctions to the State Bar of California Client Security Fund.
Eastman’s legal team has stated that they will appeal the ruling made on Wednesday, and they anticipate that the case will eventually make its way to the California Supreme Court. As a result of the ruling, Eastman has been placed on inactive status, preventing him from practicing law at this time.
Roland’s ruling comes after a lengthy trial that spanned over 30 days, during which Eastman himself provided testimony. Towards the end of the proceedings in November, the judge determined Eastman’s preliminary culpability. It is worth noting that Roland was appointed by Toni Atkins, a Democrat who served as Speaker of the California State Assembly at the time.
John Eastman took the lead in devising a legal strategy aimed at overturning the election results in crucial states during the 2020 election. This strategy involved utilizing alternate electors to manipulate the outcome in favor of President Trump. Additionally, it relied on former Vice President Mike Pence discarding the legitimate electors and recognizing the “fake” ones. Eastman’s memos played a significant role in fueling the pressure campaign targeting Pence.
According to Roland’s decision, Eastman displayed a reluctance to acknowledge any ethical missteps in his conduct.
The judge expressed concern that Eastman’s absence of remorse and accountability poses a substantial risk of him engaging in additional unethical behavior, thereby exacerbating the danger to the public.
Roland’s ruling represents a major legal setback for Eastman, however, she did agree with him on one of his 11 counts.
The state bar alleged that Eastman engaged in immoral conduct due to his speech at the Ellipse on January 6th, linking it to the subsequent violence. However, the judge dismissed the accusation as there was no evidence presented by the bar to establish that Eastman’s statements had contributed to the assault on the Capitol.
Eastman’s lawyers argued in court filings that the disbarment proceedings against him were “Orwellian.” They maintained that he was simply carrying out his ethical obligation to vigorously advocate for Trump’s interests and that his public statements at Trump’s January 6 rally and elsewhere were protected by his First Amendment rights.
According to a statement from Dr. Eastman’s legal team after the ruling, they assert that his approach to the legal issues he was tasked with evaluating following the November 2020 election was grounded in solid legal precedent, previous presidential elections, thorough research of constitutional text, and extensive scholarly material.
“The process Dr. Eastman undertook in 2020 mirrors the daily and universal process followed by lawyers – it encapsulates the very essence of their profession,” the statement explained.
The state bar accused Eastman of creating a false perception of legality for an illegal endeavor, and called for his disbarment.
“In a statement, Chief Trial Counsel George Cardona emphasized that it is the responsibility of every California attorney to uphold the constitution and the rule of law.”
“According to Cardona, Mr. Eastman not only neglected his duty but also posed a significant threat to the core principles of our democracy.”
Eastman, along with Trump, is facing criminal charges in Georgia for allegedly trying to overturn the state’s 2020 election results. He has pleaded not guilty to the eight counts against him.
Several other lawyers associated with Trump’s 2020 campaign have also faced consequences for making false claims of election fraud and attempting to manipulate the election in favor of the former president.
Rudy Giuliani, a long-time ally of Trump, faced a suspension of his New York law license in 2021. In June, a disciplinary panel of the D.C. Bar Association recommended revoking his license there. Similarly, Jenna Ellis, a former lawyer for Trump, was publicly censured in Colorado due to her false statements related to the election. Another lawyer, Lin Wood, chose to retire after the State Bar of Georgia announced that it would not initiate disciplinary actions against him if he did so.
A disciplinary trial is currently in progress for Jeffrey Clark, a former Justice Department official who assisted Trump in his attempts to overturn the election. The D.C. Bar’s Board of Professional Responsibility is seeking to revoke his law license due to his use of “the authority of the Department of Justice to overturn the election, based on a lie.”
In addition to his accomplishments as a writer and entrepreneur, Eastman is also a licensed lawyer in Washington, D.C.
