A prosecutor argued Tuesday that John Eastman should be disbarred because he invented a flimsy theory and made false allegations of fraud in an effort to overturn the 2020 election. Eastman was the architect of a legal strategy intended to keep former US President Donald Trump in office.
The election was never intended to be stolen, according to Eastman’s attorney, who was instead thinking of methods to delay the counting of electoral votes so that states may look into claims of voting irregularities.
Courts, including those with judges that the Republican party nominated, flatly rejected Mr. Trump’s allegations of fraud.
The State Bar Court of California has filed 11 disciplinary allegations against Eastman as a result of his creation of a dubious legal plan intended to have Vice President Mike Pence obstruct the certification of President Joe Biden’s victory.
If the court determines that Eastman violated the claimed rules, it may suggest that he be punished by having his legal license suspended or revoked. The final judgment is rendered by the California Supreme Court.
Duncan Carling of the office of chief trial counsel, which is seeking Eastman’s disbarment, said Eastman’s legal theory was “unsupported by historical precedent and law and contrary to our values as a nation”.
Eastman continued his efforts to undermine the election even after state and federal officials publicly rejected Trump allies’ claims of fraud, Mr Carling said.
“All of his misconduct was done with one singular purpose, to obstruct the electoral count on January 6 and stop vice president Pence from certifying Joe Biden as the winner of the election,” Mr Carling said.
“He was fully aware in real time that his plan was damaging the nation,” he added.
Eastman’s lawyer, Randall A. Miller, told the judge that Eastman “was not there to steal the election or invent ways to make president Trump the winner”.
Miller said Eastman was merely engaging in what he said was a serious debate at the time about what authority the vice president had concerning the certification of the election.
“The facts will show that the purpose of D. Eastman’s eventual assessment here was to delay, to delay the counting of the electoral votes so that there could be reasonable investigation undertaken by those states,” he said.
The proceedings are expected to last at least eight days. The California State Bar is a regulatory agency and the only court system in the US that is dedicated to lawyer discipline.
Eastman is expected to testify later on Tuesday.
Eastman’s disciplinary hearing comes as special counsel Jack Smith continues his investigation into efforts by Mr Trump and his Republican allies to overturn the results of the 2020 election.
