HAPPENING NOW: Bar proceedings for John EASTMAN have begun. He's expected to testify today — his first true adversarial questioning since Jan. 6 — but we'll see if/when he asserts attorney-client privilege or the Fifth.
We're finally underway here. State bar counsel Duncan Carling telling the presiding judge that EASTMAN's plan to overturn the 2020 election "was baseless, completely unsupported by historic precedent or law and contrary to our values as a nation."
BAR COUNSEL: “It will be clear that all of Dr. EAstman’s conduct was fundamentally dishonest and intended to disrupt the lawful certificaiton of the winner of the 2020 election on Jan. 6.”
"The state bar will ask for disbarment."
EASTMAN's counsel Randall Miller:
"What you’ll hear from Dr. Eastman...is that he was not there to steal the election…the focus was on ensuring the election was properly and legally certified and votes were properly counted."
He says Eastman's theories were "tenable"
EASTMAN hast now taken the stand to face questions from California bar counsel. He's been sworn in.
EASTMAN now recounting how Cleta Mitchell recruited him to Trump's "election integrity" working group months prior to Nov. 3, 2020 in order to start preparing for post-election fights.
We wrote about this during Jan. 6 committee proceedings
Bar counsel starting out by probing the details of Eastman's attorney-client relationship with Trump, which became formal in December 2020. Now introducing video of Eastman's appearance before Georgia state legislators.
Bar counsel going over false stats that Eastman provided to Georgia Republican legislators when he testified on Dec. 3, 2020. — from number of underage people registered to vote to number of felons who votes (both #s Eastman used were sharply inflated)
Bar counsel now pressing Eastman on his claim that states might be able to decertify 2020 election months or even years after-the-fact. Eastman hedges a little, says it's "uncharted territory" and has never been tested but thinks it could be done under certain circumstances.
EASTMAN says he doesn't recall who from Rudy Giuliani's orbit first put the two of them in contact about electors, but he says it may have been Boris EPSHTEYN.
EASTMAN claims he doesn't recall discussing presidential electors with RNC Chair Ronna McDaniel while Trump was also on the line.
Bar counsel reads him transcript of McDaniel's Jan. 6 committee tesitmony. Eastman says he still doesn't remember.
First real attorney-client privilege fight comes up as bar ocunsel (and judge) press Eastman to describe his communications in Dec. 2020 about "contingent" election.
Bar counsel now discussing the @mollyesque article about effort to protect the vote, which Eastman has pointed to as somehow supportive of his claims of a conspiracy to rig the election for Biden. time.com/5936036/secret…
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NEW: It's true that Judge CANNON has a thin trial resume — but there's an important exception: She's spent the last 1.5 years overseeing a massive fraud case with extraordinary parallels to Trump's.
Since Feb. 2022, Cannon has presided over a 10-defendant health care fraud case (5 have since pleaded guilty). That case has offered more insight about her handling of complex trial sthan anything in the 4 routine trials she's overseen.
For example, in the health care case she's currently weighing something that may sound familiar: An effort by prosecutors to pierce attorney-client privilege by citing the "crime-fraud" exception.
NEW: The eye of Donald Trump's cyclone of legal turmoil moves to Miami today, where the former president will become the first to face charges leveled by the government he once led.
Trump sat stoically in federal court today, arms crossed, between his lawyers Todd Blanche and Chris Kise. He didn’t address the magistrate during the proceedings.
Next to them were Walt Nauta and his attorney Stan Woodward.
Eastman’s witness list includes people we haven’t heard much from in public since Jan. 6 — from Kurt Olsen to Russell Ramsland to Kurt Hilbert and others who played roles large and small in Trump’s gambit.
The bar disciplinary counsel will call Greg Jacob, Jocelyn Benson and election officials from 7 states, as well as experts meant to underscore how fringe and baseless Eastman’s theories were. politico.com/news/2023/06/1…
MORE NEWS: The chief judge in DC has unsealed documents related to PENCE’s grand jury testimony — including his ruling in which he agreed that those pressuring Pence to reject Biden’s electors were asking him to act “unlawfully.”
Judge Boasberg’s newly unsealed March 27 ruling cleared the way for Jack Smith to grill Pence about the vast majority of topics in front of the grand jury in April.
That win for Smith came even as Boasberg made a historic ruling in favor of Pence’s claim that he was entitled to protection as a member of the *legislative* branch for his role as president of the Senate on Jan. 6. politico.com/news/2023/06/0…
@joshgerstein Trump now claiming on Truth Social these were his "personal" records — which is a much harged case to make when you're talking about military planning documents and records of the capabitilities of your allies and adversaries.
!! In august or September 2021, Trump showed a representative of his PAC who did not possess a security clearance a classified map related to a military operation.