MIKE DAVIS: California's highest court disgraces itself by upholding disbarment of John Eastman

On Wednesday, the leftist California Supreme Court disbarred superb law student John Eastman. His mortal misdeed was zealous practice of a client—President Trump—during the quality implicit the 2020 election. Eastman committed nary crime; indeed, his sham Georgia indictment was dropped aft disgraced Fulton County District Attorney Fani Willis’ disqualification from the case. What the California Supreme Court did was a ineligible disgrace that occurs mostly successful banana republics, not successful the United States.

John Eastman, erstwhile lawyer to Donald Trump, speaks to members of the media aft leaving the State Bar Court of California successful Los Angeles, California, US, connected Tuesday, June 20, 2023.  ( Eric Thayer/Bloomberg via Getty Images)

The 2020 predetermination was razor-close. If astir 20,000 votes successful 3 states—Georgia, Pennsylvania, and Wisconsin—had switched, President Trump would person defeated Joe Biden according to authoritative results. The occupation with the election, of course, progressive the unprecedented rewriting of predetermination laws by courts successful galore states owed to the coronavirus pandemic. States began mailing ballots to addresses adjacent erstwhile nary 1 astatine the addresses had asked for a ballot. This led to ballots that were mailed to homes agelong aft the addressees had left. States besides scrapped signature verification requirements because, apparently, the coronavirus altered signatures. States allowed random radical to driblet disconnected votes successful alleged driblet boxes that were publically accessible. In short, the predetermination was a messiness that, acknowledgment to its closeness, led to justified suspicion and calls for investigations.

 At the forefront of those calling for investigations was President Trump, who reasonably requested predetermination audits. He challenged results successful respective states and hired a bevy of attorneys to assistance him. One of them was Eastman, a distinguished instrumentality prof and law student who had clerked for Justice Clarence Thomas connected the United States Supreme Court. Eastman came up with a strategy to situation the certification of results successful a lawful way. The Electoral Count Act of 1887, pursuing the commands of the Constitution, elaborate procedures by which the House and Senate would certify electoral ballot tallies. Eastman sought to decision certification by the House and Senate successful respective contested states.

Fulton County District Attorney Fani Willis looks connected during a proceeding successful the lawsuit of the State of Georgia v. Donald John Trump astatine the Fulton County Courthouse connected March 1, 2024, successful Atlanta, Georgia. (Alex Slitz-Pool/Getty Images)

As portion of Eastman’s plan, respective slates of alternate electors from the disputed states were disposable to ballot for President Trump should the request arise. These were not "fake electors," arsenic leftists person claimed. The aforesaid script played retired successful the hotly contested statesmanlike predetermination of 1876 betwixt Rutherford B. Hayes and Samuel Tilden. It besides occurred regarding the disputed predetermination successful Hawaii successful 1960 betwixt John F. Kennedy and Richard Nixon. No tenable idiosyncratic believed that these electors were trying to impersonate successful the mode that, for instance, 1 would impersonate a constabulary officer. Instead, they were connected standby successful the lawsuit that Congress failed to certify predetermination results and sent the substance backmost to the states. This is the people that Eastman urged Vice President Mike Pence to adopt; that is, Pence should have, according to Eastman, called for the disputed states to reexamine their electoral certifications successful airy of the galore tenable questions that had arisen owed to predetermination irregularities.

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 Eastman besides appeared astatine the January 6 rally adjacent the Capitol with President Trump. Eastman gave a code and explicitly stated that what helium and the president were seeking was lawful. The Electoral Count Act is an arcane instrumentality drafted astir a period and a fractional ago. Congress agreed; that is wherefore it passed the Electoral Count Reform Act during the Biden medication to clarify the law. Eastman ne'er advocated successful favour of bribing anyone, threatening anyone with violence, oregon discarding lawful votes. Rather, helium endeavored to guarantee that each ineligible votes were counted. The aforesaid goes for President Trump, who exercised his First Amendment close to advocator for the overturning of an predetermination that helium believed with each fibre of his being to person been rigged. It is not a transgression to advocator for overturning an election; indeed, the First Amendment, contrary to the views of deranged Special Counsel Jack Smith, allows for conscionable that.

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 Even though helium broke nary laws, Eastman shockingly present stands disbarred. The transgression lawfare against him successful the signifier of Willis’ farcical indictment failed, but this kangaroo tribunal has accomplished its abhorrent goal. There is different lawyer whose ineligible destiny awaits judgment: Jeff Clark, an exceptional ineligible caput who served successful President Trump’s Justice Department. Clark stands accused of the risible discourtesy of "attempted dishonesty" by the District of Columbia Bar. His lawsuit awaits a determination by the District of Columbia Court of Appeals, D.C.’s highest court. The Article III Project proudly filed a friend-of-the-court little connected Clark’s behalf due to the fact that he, similar Eastman, did thing to warrant disbarment. The California Supreme Court failed John Eastman and the ineligible assemblage with its ignominious decision. Let america commune that the D.C. Court of Appeals comes to the commonsense decision that Jeff Clark did thing incorrect and deserves exoneration.

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