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LetMyPeopleVote

(145,050 posts)
Tue Oct 5, 2021, 08:02 PM Oct 2021

Opinion: Lawyers at last look ready to step up and defend the rule of law

A high power group of lawyers are going after Eastman's law license




In California, a group of superstar lawyers, ex-judges and former governors have sent a letter and complaint to the State Bar concerning lawyer John Eastman’s two memos setting forth a plan to overthrow the election, as well as his participation in the rally that ignited the attack on the Capitol. “We write to request that the State Bar investigate serious evidence of professional misconduct by Professor John C. Eastman in connection with his representation of former president Donald Trump in efforts to discredit and overturn the results of the 2020 presidential election,” they explain.

They revisit in detail Eastman’s two memos:

Mr. Eastman’s memoranda sought to justify a brazen power play by Mr. Trump that aimed to set aside the results of an election that had been repeatedly and authoritatively determined to be free and lawful, and to potentially install the loser of that election as a winner, based on nothing more than a false narrative that Mr. Trump had originally authored. Not only is there no support in the text of the Constitution for that extraordinary result, but it is also contrary to an unbroken chain of past practice and legislation since the enactment of the 12th Amendment and wholly unsupported by the scholarship Mr. Eastman tried to invoke to bolster his analysis, that of Professor Laurence H. Tribe.

The authors conclude:

Mr. Eastman undertook to provide the legal rationale for this extraordinary attempt to overturn the election in two memoranda, which were intended to influence Mr. Pence. The core claim of those memoranda was that it was a “fact” that the Constitution gave Mr. Pence complete and unfettered authority to prevent the counting of lawful ballots from seven select states or to postpone the count altogether. That claim was based on nothing more than the notion that the legitimacy of the election continued to be “disputed” in some unexplained fashion. That conclusion was thoroughly wrong—and Mr. Eastman knew it or was willfully blind.

The letter says Eastman also “continued this pattern of misconduct by giving the crowd at the ‘Stop the Steal’ rally on the National Mall another version of his misleading advice and stating that, by rejecting it, Mr. Pence had proved himself undeserving of his office. Mr. Eastman also made a number of false factual statements at the rally, including that there was a ‘secret folder’ of ballots on voting machines that was used to turn the election against Mr. Trump.”
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Opinion: Lawyers at last look ready to step up and defend the rule of law (Original Post) LetMyPeopleVote Oct 2021 OP
Consequences, people leftieNanner Oct 2021 #1
While most of us love 'lawyer' jokes...... MyOwnPeace Oct 2021 #2
When I was sworn in by the Chief Justice of my state rsdsharp Oct 2021 #3
And isn't that 'feeling in your gut' MyOwnPeace Oct 2021 #4
While they're at it choie Oct 2021 #5
John Yoo, author of the "torture memos" ThoughtCriminal Oct 2021 #6

MyOwnPeace

(16,924 posts)
2. While most of us love 'lawyer' jokes......
Tue Oct 5, 2021, 08:18 PM
Oct 2021

it is also good to give tribute to those that truly do honor, respect, and serve the law of the land.
Here's hoping these guys kick ass!!!

rsdsharp

(9,162 posts)
3. When I was sworn in by the Chief Justice of my state
Tue Oct 5, 2021, 08:58 PM
Oct 2021

I swore an oath to support the US Constitution and the Constitution of my state, and to discharge the duties of an attorney to the best of my ability.

I remember thinking that I had just assumed a heavy and solemn responsibility as I lowered my right hand after taking the oath.

MyOwnPeace

(16,924 posts)
4. And isn't that 'feeling in your gut'
Tue Oct 5, 2021, 09:01 PM
Oct 2021

something that you just can't understand or comprehend with SO MANY others out there today?

(Great comment/post - THANKS! )

ThoughtCriminal

(14,047 posts)
6. John Yoo, author of the "torture memos"
Wed Oct 6, 2021, 01:34 PM
Oct 2021

Is still free and teaches law at U.C. Berkley.

My confidence in seeing any consequences for these criminals is pretty limited.

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