Attorney John Eastman failed in his attempt to invoke Fifth Amendment protection, denying him from testifying about the memos he wrote stating the vice president could dismiss electoral votes and declare Donald Trump the winner of the 2020 presidential election. This decision came on Tuesday when State Bar Court Judge Yvette D. Roland discarded the defense’s argument that asking the conservative lawyer to testify infringed his right against self-incrimination. Judge Roland had previously denied to suspend the case based on Eastman’s claim that forcing him to testify while criminal trials were ongoing would violate his Fifth Amendment right.
On August 14, Eastman, Trump, and 17 others were indicted in Georgia on racketeering charges linked to the scheme to pronounce Trump as the victor in the presidential election. Eastman’s attorney, Randall Miller, told the court on Tuesday that Eastman gave up his arraignment in the Georgia case.
According to Miller, requesting Eastman to testify in the bar case, which seeks to retract his law license, places him “in an impossible position.” He described the situation as a difficult one for Eastman who has to decide between remaining silent on certain issues in this case and potentially compromising his ability to argue a full case in his defense. But if he opts to testify fully, it puts him at risk in the ongoing Georgia proceedings. However, Roland mentioned that Eastman waived his privilege against self-incrimination by testifying for over eight hours in the case, as well as before the Jan. 6 congressional committee in December 2021 – he claimed the Fifth Amendment “over 145 times”, and the Fulton County grand jury.
The court halted proceedings for two days to allow Eastman to be booked in Fulton County on the criminal indictment. Roland stated that the defense couldn’t furnish any alternative arguments for why the court should delay or dismiss the matter, adding that overlapping of the two cases isn’t something the court can intervene with. Roland also rejected Eastman’s attempts to hinder evidence from state bar prosecutors concerning bar claims that he had conspired to create alternate slates of electors to those who certified the 2020 election.
An interlocutory appeal of Roland’s rulings has yet to be filed with the State Bar Review Department, the appellate level for attorneys accused in disciplinary cases. Regardless of the outcome there, it can be appealed to the California Supreme Court, which holds the ultimate responsibility for attorney discipline. California lawyers are also regulated by the state legislature through the Business and Professions Code.
Eastman is currently on trial for 11 counts of ethical and legal violations concerning his post-election role that culminated in the Jan. 6 attack on the US Capitol. Testimony is expected to continue through Friday with additional trial days scheduled for Sept. 12-15. Witnesses listed to testify this week include accountant Joseph Fried and former Michigan Supreme Court Justice Michael Gabelman. The Office of Chief Trial Counsel represents the bar while Miller Law Associates represents Eastman.
The case refers to In Re Eastman, Cal. State Bar, No. SBC-23-O-30029, trial 9/5/23.
For more detailed information, read the full article here.