Trump adviser faces possible disbarment for efforts to overturn 2020 election

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Duncan Carling of the Office of Chief Trial Counsel, which is seeking Eastman’s disbarment, said Eastman’s legal theory was “unsupported by historical precedent and law and contrary to our values ​​as nation”. Eastman continued his efforts to undermine the election even after state and federal officials publicly rejected claims of fraud by Trump allies, Carling said.

“All of his misconduct was done for one purpose: to obstruct the election count on Jan. 6 and prevent Vice President Pence from certifying Joe Biden as the winner of the election,” Carling said. “He was fully aware in real time that his plan was harming the nation,” he added.

Eastman’s attorney, Randall A. Miller, told the judge that Eastman “wasn’t there to steal the election or invent ways to make President Trump the winner.” Miller argued that Eastman was only involved in what he said was a serious debate at the time about what authority the vice president had in terms of certifying the election.

“The facts will show that the purpose of Dr. Eastman’s final evaluation here was to delay, to delay the counting of the electoral votes so that there could be a reasonable investigation conducted by these states,” he said.

The proceedings are expected to last at least eight days. The State Bar of California is a regulatory agency and the only court system in the US dedicated to the discipline of lawyers. Eastman is expected to testify later Tuesday.

Others who will testify at the hearing at the California State Bar Court include Greg Jacob, a former lawyer for Pence. Jacob had rejected Eastman’s plan for Pence to stop the certification of Biden’s victory. Pence did not have the power to overturn the election and has said so.

The State Attorney’s Office alleges that Eastman violated the California Business and Professions Code by making false and misleading statements that constitute acts of “moral turpitude, dishonesty and corruption” and, in doing so, “violated this duty in an attempt to usurp the will.” of the American people and nullify the election results for the highest office in the land: a blatant and unprecedented attack on our democracy.”

Eastman has been a member of the California Bar since 1997, according to his website. He was a law clerk to US Supreme Court Justice Clarence Thomas and founding director of the Center for Constitutional Jurisprudence, a law firm affiliated with the Claremont Institute. He ran for California attorney general in 2010, finishing second in the Republican primary.

Eastman had been dean of the Chapman University School of Law in Southern California from 2007 to 2010 and was a professor at the school. when he retired in 2021 after more than 160 professors signed a letter calling for the university to take action against him.

Eastman’s disciplinary hearing comes as special counsel Jack Smith continues its investigation into efforts by Trump and his Republican allies to overturn the results of the 2020 election.

A federal grand jury in Washington has been meeting behind closed doors for months to hear testimony from witnesses, including Pence, who has publicly described a lobbying campaign by Trump aimed at getting him to slow down congressional certification of the election results and victory for Biden, a Democrat.

Federal agents seized Eastman’s cell phone last summer as he was leaving a restaurant, he said in a court document. That day, law enforcement officials conducted similar activity across the country as part of their investigation.

In an interview after the hearing, Eastman said he had not been contacted by the Justice Department or subpoenaed by the grand jury.

Eastman said of his advice to Trump: “It’s what lawyers are expected to do, lay out what the options are before us to consider.”

“There are huge problems,” Eastman added, saying he wanted to make sure the alleged voting irregularities did not influence the outcome of the election. “I think it’s important, far beyond the partisan controversies about the former president … to identify whether our election system has such vulnerabilities that we can no longer trust it.”

Since Smith’s appointment in November, he has cast a wide net in demanding interviews and testimony related to the fundraiser, the Trump rally that preceded the United States Capitol riot on January 6, 2021, and communications between Trump associates and election officials in battleground states. Eastman spoke at the rally.

In December, Smith subpoenaed local election officials in Wisconsin, Michigan, Arizona and Pennsylvania, requesting communications with Trump, his 2020 campaign aides and a list of allies, including Eastman, who were involved in his campaign. efforts to try to annul the election results.

The investigation is separate from another investigation of Smith classified documents found at Trump’s Mar-a-Lago estate in Palm Beach, Florida, which led to felony charges against Trump this month. trump pleaded not guilty last week to 37 felonies, including conspiracy to obstruct justice.

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Richer reported from Boston.

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This story has been corrected to show that Eastman was a professor, not the dean, when he retired from Chapman University Law School in 2021.