John Eastman, a lawyer who previously advised President Donald Trump, defended his actions in urging Vice President Mike Pence to delay the certification of electors in the 2020 presidential election. During his defense, he stated that he was in constitutional terms “petitioning an officer of the government for redress of rather serious grievances.”
Eastman is facing 11 counts of violating moral turpitude, ethics rules, and state laws guiding lawyer conduct. These charges are centered on memos he wrote to Trump campaign officials and remarks he made leading up to the infamous US Capitol raid on January 6th.
According to State Bar Court Judge Yvette Roland, the ultimate decision about Eastman’s professional future rests with the California Supreme Court, which regulates attorney discipline and admission.
Eastman’s actions are under scrutiny, as the defense argues that they were lawful and solely based on his scholarly understanding of the US Constitution. A crucial factor is whether the Rules of Procedure of the State Bar of California can support this claim.
Still to testify are character witnesses, including former circuit Judge Janice Rogers Brown. These testimonies aim to establish Eastman’s professional credibility and challenge allegations of misconduct.
The trial, originally planned for eight days, has extended over 24 days, with more days possible for closing arguments. The judge stated that she can allow up to 21 days for post-trial briefing. Following this, the judge will issue her decision within 90 days.
Separately, Trump, Eastman, and 17 others face racketeering charges in Georgia over plans to declare Trump the winner in the presidential election. Eastman has pleaded not guilty to these charges.
Key issues to be determined to include whether the First Amendment protects lawyers who knowingly lie to the public and whether California Business & Professions Code section 6106 provides lawyers with constitutionally sufficient notice of the conduct that is forbidden.
The case continues under reference In re Eastman, Cal. State Bar, No. SBC-23-O-30029.