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Politics Aug 19, 2023
John Eastman, a former Chapman University law professor and adviser to former President Donald Trump. | Photo courtesy of ISCOTUS/Wikimedia Commons (CC BY 3.0)
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By Paul Anderson
The hearing officer overseeing state Bar disbarment proceedings of former Chapman University law school dean John Eastman said Thursday she would formally rule shortly on a request to put the hearings on hold while he faces criminal charges in Georgia for election interference.
Eastman’s attorney Randall Miller argued that his client cannot get a fair hearing now that he has been indicted along with Eastman’s one-time client, former President Donald Trump, in a racketeering case alleging a scheme to overturn President Joe Biden’s election in 2020.
The indictment “changed things quite dramatically,” Miller said.
Miller had filed for a stay on the proceedings following the federal indictment of Trump by special counsel Jack Smith that alleged “Co-Conspirator 2” aided efforts to overturn the election results.
While Eastman was not directly named in that indictment it was clear from a quote of an Eastman speech before the Jan. 6 riots that Eastman was named as an unindicted co-conspirator. The indictment from Georgia followed the federal case.
“Abatement is the proper and only remedy,” Miller said. “In our position he can’t respond to anything … given the existence of the Georgia proceeding … it would be wasteful to go through questions, none of which he could answer.”
State Bar attorney Duncan Carling argued that it was obvious Eastman was facing the prospect of criminal charges when U.S. District Judge David O. Carter ordered Eastman to turn over emails to the Jan. 6 congressional committee under a “crime fraud exception” that overcame Eastman’s claims of attorney-client privilege.
Also, Carling noted, the Jan. 6 congressional committee referred Eastman for criminal charges to Smith.
“It’s frankly impossible to believe (Eastman couldn’t expect charges) given Judge Carter’s ruling,” Carling said. “Everybody knew these investigations were in process and indictments might come. … Dr. Eastman could have moved for abatement prior to (the state Bar) trial. They decided not to do it and now this is the situation we’re in six days into trial.”
Carling also argued that the Georgia case could take years to go to trial, so the state disbarment proceedings would be on hold indefinitely given expected appeals if there are convictions.
“We’re talking about delaying this trial a very long time,” Carling said. “Yes, I understand there’s complexities now, but I don’t think it is believable that it did not occur to (Eastman) that he would not face indictment.”
Yvette D. Roland, the hearing’s judicial officer, agreed Thursday.
“This is a shift. … No one could realistically say it wasn’t,” Roland said.
But, she added, “When you look at most of those allegations … most of it has already been testified about in this case. He testified for hours.”
And Eastman never invoked his Fifth Amendment rights during much of the activity that was the focus of the federal and state indictments, Roland said.
“Nevertheless, I’m going to look at some of these issues” before deciding whether there is a delay in the proceedings, Roland said.
Miller said if he can’t win the motion to delay the proceedings that he would seek an appeal. He also raised the prospect of Eastman having to invoke his Fifth Amendment rights more frequently.
Miller also argued that he is now having trouble getting witnesses who planned to testify for Eastman to continue participation in the disbarment proceedings.
“We are now finding witnesses will not appear in this case,” Miller said. “I’ve heard from at least two that they will not show up and the reason is … they are very terrified they would be added subsequent to something else, or something they say in the proceeding would be used against them later on. That is going to impair Dr. Eastman’s right to a fulsome trial. … Everybody is terrified right now.”
Eastman’s disbarment trial was set to resume Tuesday.
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