Former attorney to former President Trump, John Eastman cannot postpone his California disbarment trial, a judge ruled Friday.
Eastman argued that his status as an unindicted co-conspirator in the federal election fraud case against Trump, and as a defendant in the sweeping Georgia election fraud racketeering case would complicate the disbarment hearing, as he could possibly incriminate himself. The California bar is seeking to revoke Eastman’s law license for his alleged work spreading election fraud conspiracies and encouraging Georgia politicians to create a fraudulent alternate slate of Electoral College votes.
Judge Yvette Roland ruled that Eastman can’t get out of the disbarment, however, because he’s already started the proceedings.
He sat for an eight-hour interview earlier in the trial and chose not to invoke his Fifth Amendment rights against self-incrimination when discussing matters which are now part of criminal cases.
“It is firmly established that a witness cannot choose to testify willingly about a topic during a single legal proceeding and then later claim the right to remain silent under self-incrimination privilege when asked about specific subjects,”Roland wrote.
She also noted that Eastman has invoked his Fifth Amendment rights numerous times before, including during his interview with the House Jan. 6 Committee last year over the same conduct in question.
Roland further argued Eastman was already aware of the possibility that the conduct would be criminally investigated because he had been interviewed by the Georgia grand jury which eventually indicted him.
“[Eastman] was completely aware that he had potential criminal exposure for his actions surrounding the 2020 election, which is also the subject of the [disbarment case],” she wrote. “Yet, Respondent gave considerable testimony without ever invoking the Fifth Amendment and did not seek abatement until six days into trial.” Roland said that normally a disbarment case would be paused due to criminal charges, but “unique circumstance” in this case, including Eastman’s hours of testimony, make that impossible."
16 hours ago — ... John Eastman suffered a pair of setbacks at his California disbarment trial Friday as the judge overseeing the case denied his requests ...
6 hours ago — Former attorney to former President Trump, John Eastman cannot postpone his California disbarment trial, a judge ruled Friday. Eastman argued that his.
California judge shoots down Eastman bid to postpone disbarment proceedings
It’s the latest setback for the attorney as he fights to preserve his law license while facing felony charges in Georgia.
Attorney John Eastman was a central figure in former President Trump’s final push to subvert the 2020 election. | Jae C. Hong/AP Photo
Attorney John Eastman, an architect of Donald Trump’s last-ditch bid to subvert the 2020 election, may not postpone his ongoing disbarment hearings just because he’s been indicted in Georgia, a California judge ruled Friday. Yvette Roland, a judge on the California State Bar Court, said Eastman had effectively waived any rights against self-incrimination by taking the stand in his disbarment proceedings in June — even though he knew he could be indicted in either Washington, D.C., or Georgia.
Eastman testified then for more than eight hours on a wide range of subjects related to his efforts to keep Trump in power, without invoking his Fifth Amendment rights.
“[Eastman] was completely aware that he had potential criminal exposure for his actions surrounding the 2020 election, which is also the subject of the [state bar charges],” Roland wrote in a 10-page ruling. “Yet, Respondent gave considerable testimony without ever invoking the Fifth Amendment and did not seek abatement until six days into trial.”
It’s the latest setback for Eastman as he fights to preserve his law license while facing felony charges in Georgia for his role in an alleged racketeering conspiracy with Trump and 17 other codefendants.
...Even before Fulton County District Attorney Fani Willis charged Eastman in Georgia, the attorney moved to postpone the remainder of his bar proceedings, saying his criminal exposure had become greater in light of Smith’s case. Willis’ charges only added to his urgency to have the disbarment proceedings delayed.
But state bar authorities rejected his push, saying Eastman knew seven months ago — when the bar charges against him were filed — that he could be facing criminal charges. The issue was discussed in pretrial proceedings, and Eastman opted to press ahead with the state bar proceedings anyway. He took the stand on several different days in June but his testimony had not yet been completed when the proceedings were paused until this week.
It’s unclear if Eastman will seek an appeal of Roland’s ruling or whether he’ll take the stand and attempt to assert his Fifth Amendment rights in response to additional questioning. He’s been present in the courtroom as his proceedings resumed this week with testimony from witnesses called by state bar investigators.
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In 10-page judgment, Roland wrote "[Eastman] was fully aware of potential for criminal charges for his actions related to 2020 election, and this has also been subject of [state bar charges]. "He gave considerable testimony without recourse, and did not ask for a reduction until six days before the trial began." This was the final defeat for Eastman, who faced heavy charges in Georgia for his alleged role in the racketeering conspiracy against Trump and 17 other defendants while fighting to maintain his law license. Eastman was a central figure in Trump's latest move to disrupt the 2020 election. The press helped state legislatures consider appointing alternative voter lists that would later be used fuel the debate on January 6, 2021.When no state legislature came an agreement, Eastman instead pointed the existence of unsanctioned lists of pro-Trump activists become voters. On January 6, 2021, Eastman directly pressured then-Vice President Mike Pence to recognize these fake voter lists in a bid to spark the debate.. Eastman's disbarment proceedings began in June, but were delayed to the end of August due to planned es. Meanwhile, special prosecutor Jack Smith has filed a four-point indictment against Trump, alleging multiple conspiracy to disrupt the 2020 election. Eastman's name in the indictment. Although not given, he was allegedly complicit in these efforts, suggesting that charges could be brought against him. Even before Fulton County District Attorney Fani Willis charged Eastman in Georgia, attorney moved to adjourn the remainder of bar hearings, saying his exposure to crime had increased in light of Smith's case. further increased its urgency. State bar officials, however, refused, saying they knew Eastman could face criminal charges if charges were brought against the bar seven months ago. The matter was discussed in pre-trial proceedings, and Eastman nevertheless chose to continue with state bar proceedings. His testimony was not yet complete when the hearings were paused until this week. It is unclear whether Eastman will appeal Roland's decision or if he will stand on the bench and attempt to defend his Fifth Amendment rights in response to additional questioning. He was present in the courtroom as their trial continued this week with statements from witnesses summoned by state bar investigators.
Procedings are underway in California to strip John Eastman of his license to practice law on the basis of his involvement in the January 6th plan to overturn he results of the election. Harry walks ...
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