John Eastman, former dean of UCLA law school and Trump’s lawyer, found reason to celebrate

Embattled lawyer John Eastman scores a small victory in an eventful September — while fighting to keep his law license and raise $1.5 million for his defense.

“Happy Constitution Day to all,” Eastman wrote in a GiveSendGo fundraising update on September 17. “On this day in 1787, our founders finished their work after a long, hot summer in Philadelphia and presented the draft Constitution to the people of the states for their consideration and ratification.

“Ben Franklin was asked, ‘What have you given us, a Republic or a Monarchy?’ He replied, ‘A Republic, if you can keep it!’ Keeping it alive requires constant vigilance, and today that means, in part, fighting the laws that are wreaking havoc on our justice system.”

The “legal battle,” by the way, is wreaking havoc on the career, reputation and pocketbook of Eastman, the former dean of Chapman University’s law school. He’s the target of criminal trials in two states and is suspected of being the “longest, most expensive disciplinary proceeding in history” here at home.

But Eastman was pleased with “some significant progress on both fronts” in September.

California

The litany of damning charges brought against Eastman by the California Bar Association included immorality, dishonesty and/or corruption, willful misconduct and/or gross negligence, attempting to overturn the legitimate results of an election, and basically shouting “Fire!” in a crowded theater.

In March, a California State Bar judge ruled that Eastman had violated the fundamental oaths he swore to uphold as a licensed attorney when he spread falsehoods about the 2020 election and tried to keep then-President Donald Trump in power, and that he should lose his license as a result. Eastman’s attorneys filed an 85-page “tour de force” in response on Sept. 13, seeking to have the motion dismissed.

“This disciplinary action is an extraordinary, unprecedented and utterly misguided undertaking by the California Bar in the 2020 presidential election, one of the most hotly debated, contested and controversial elections in our country’s history — and one in which lawyers from all sides have played significant roles before, during and after — Dr. Eastman among them,” the colorful letter reads.

“Yet, out of this legal firestorm, the Bar selectively plucks Dr. Eastman from the race for elections and litigation to prosecute him for his research, legal advice, role as legal advisor in subsequent litigation, and public statements — all on behalf of clients who sought his active and zealous defense and legal and constitutional acumen.”

The “stunning result” destroyed Eastman’s rights to free speech and to petition the government, violated due process and was rife with bias and prejudice, they said. “In sum, this prosecution should never have occurred. Rather, it is a manifestation of George Orwell’s dystopian portrayal of authoritarianism—statements by the government, no matter how patently false or suspect, must be accepted as truth.”

The Bar Association judge hearing the case would have scoffed. “While lawyers have a duty to zealously represent their clients’ interests, they must do so within ethical and legal constraints,” she wrote. “Eastman’s actions exceeded those ethical constraints by defending, participating in, and implementing a strategy to challenge the results of the 2020 presidential election that lacked evidence and legal support. His vigorous advocacy does not relieve Eastman of his professional responsibility to act with integrity and uphold the rule of law.”

Georgia

Several of the nine original charges filed against Eastman in Fulton County — which prosecutors say included trying to overturn election results — were dismissed.

The point is that country allegations of submitting false documents in federal the court cannot stand.

But six charges against Eastman remain, “including, incredibly, a charge of robbery conspiracy,” Eastman wrote. “But we have a great legal team and are prepared for a long road ahead as the Georgia Court of Appeals determines whether Fani Willis can continue to prosecute this case or whether she will be disqualified and the case will be transferred to another prosecutor.”

The rulings can be read here and here.

Arizona

Eastman also faces charges related to attempting to overturn the election results in Arizona.

There, “we filed a compelling ‘anti-SLAPP’ motion to dismiss the indictment as a violation of First Amendment rights,” Eastman wrote. “A few years ago, Arizona became the first state in the union to include criminal prosecution in its anti-SLAPP statute. A hearing originally scheduled for a few hours on August 26 ultimately lasted three days. We believe we have made a compelling case for why the case should be dismissed, and we now await the judge’s ruling.”

The judge set a tentative trial date for January 2026, he said, emphasizing that he would need the money to cover the costs of his “excellent legal team.”

“One of the primary goals of their legal attacks is the left’s efforts to squeeze me dry — to keep me on the defensive and to scare others away from pursuing the causes for which I am known, protecting our constitutional rights from an increasingly abusive government,” he wrote.

Money

Eastman’s GiveSendGo page is asking for a $200,000 donation in 2022.

In 2023, that amount increased to $500,000. And last spring, it increased to $750,000. Eastman’s goal now is $1.5 million.

Through May, he had received $856,078, over the summer he had raised just over $40,000 and through last week he had raised just under $900,000.

“The surreal, grueling fight to defend my integrity,” as he put it in one fundraising email, will cost between $3 million and $3.5 million.

Eastman’s unusual legal theories (that the vice president has the authority to reject state results, delay results, and/or recognize “alternate” state electors) acted like “a snake in the ear of the President of the United States,” Vice President Mike Pence’s lawyer wrote to Eastman as crowds gathered around him on Jan. 6. “Thanks to your (expletive), we are now under siege.”

Eastman portrays his critics as unbridled leftists, but many conservatives also have withering words for him.

“Is President Trump’s re-election campaign better or worse with John Eastman’s legal advice?” wondered Laguna Niguel attorney James V. Lacy, who served in the Reagan and Bush administrations and is a Trump supporter.

“I would say it’s worse because Eastman’s absurd conclusion as a constitutional lawyer that Vice President Mike Pence could derail the presidential succession in 2021 underlies the left’s claim that Trump’s reelection would ‘end democracy.’ … Eastman will be disbarred, he will ultimately lose his license to practice before the Supreme Court, and I hope Trump wins to save democracy, this time with sound legal advice.”

There is a lot of fear and hatred surrounding this election – no matter who wins, it seems like chaos awaits us.

“I am so happy to hear about your recent success in GA and I pray for your continued success. Evil is truly coming to light, but we know good will prevail. God bless you and your family. You are a true PATRIOT and it is evidenced by how fiercely you are being pursued,” Deborah Forbeck, a $55 donor, wrote to Eastman last week.

A group of lawyers will be on the lookout for Eastman-style antics. Ads are to run in law journals in swing states, reminding lawyers that ethically they must not make false claims on behalf of any client.

Originally published: September 23, 2024 at 5:21 AM