Eastman and Down: Charges in Atlanta, Disbarment in Sacramenta

Rough week for the Lionel Hutz of Carl Schmitts:

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.

Again, from an outsider’s perspective, it seems strange to argue that being indicted for a panoply of autogolpe-related felonies should count in your favor in a disbarment proceeding, and it seems like this time the law is an agreement with justice.