John Eastman is facing new disciplinary actions from the State Bar of California due to his participation in the efforts of the late President Donal Trump to rig the 2020 election.
Trial counsel for the state bar has filed 11 counts against Eastman, alleging that he broke numerous legal procedures, court cases, and other ethical rules.
Eastman’s court filings in Georgia and with the Supreme Court, the pressure campaign on then-Vice President Mike Pence to obstruct Congress’ certification, and Eastman’s promotion of false election fraud claims are some of the strategies being targeted by the new disciplinary proceedings.
According to George Cardona, the state bar’s chief trial attorney, “free and fair elections and the peaceful transfer of power” are the cornerstones of American democracy.
“The Notice of Disciplinary Charges alleges that Mr. Eastman violated this duty in furtherance of an attempt to usurp the will of the American people and overturn election results for the highest office in the land – an egregious and unprecedented attack on our democracy – for which he must be held accountable,” reads the notice of charges.
In a lengthy statement, Eastman attorney Randall Miller said that Eastman “disputes ‘every aspect’ of the action that has been filed against him by the State Bar” and alleged the charges were political. Miller said Eastman would also challenge them and present his side of the case.
He is accused of breaking ethical guidelines by promoting voter fraud claims in court cases, public remarks, and other areas of his legal work “that he knew, or was grossly negligent in not knowing were untrue.”
He is also charged with relying on legal theories to support his claim that Pence could obstruct Congress’ certification of the 2020 results even though he knew or ought to have known they were “fundamentally flawed.”
A deadline has been set for Eastman to reply to the allegations. The state supreme court has the final say on whether discipline should be an attorney’s suspension or disbarment. A state bar court will ultimately hear the case for adjudication.
In the new charges, the bar’s attorney claimed that Eastman knew or should have known the Pence scheme violated the Constitution. The charging papers cited an email from Eastman from October 2020 that appeared to reject the idea that states could submit alternative slates of electors, a crucial component of the proposals he supported after the election.
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The disciplinary filings assert that Eastman broke the rules of attorney ethics by refusing to defend the Constitution. He is also accused of moral turpitude, including his alleged misrepresentations, and of attempting to deceive the courts.
The disciplinary filings contend that Eastman knew or should have known he was making false claims about the election based on the abundance of post-election litigation, comments from members of the Trump administration, election officials, and other “credible sources” that refuted the election fraud claims.
Eastman is the most recent Trump supporter subject to disciplinary action for his involvement in election reversal schemes. There will be more proceedings before that preliminary finding is finalized and punishment is decided.
Still, a disciplinary panel in DC recently made the initial determination that former Trump attorney Rudy Giuliani broke ethics laws with his Trump election litigation.
Sidney Powell, an attorney representing Trump’s campaign in a lawsuit contesting the 2020 results, and Jeffrey Clark, a former Justice Department attorney who supported Trump’s efforts to reverse the election, are currently the subject of disciplinary actions.
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