Thread by @Orly_licious

⚖️ Good afternoon, everybody! 🧵Around 1pm EDT, the #EastmanTrial, CA Bar Disbarment Trial of #JohnEastman resumes, Judge Yvette Roland presiding. 9/26-29 are trial dates. John "Waterboard Me, Bro" Yoo might be back. Live watch link, trial is NOT archived: calbar.zoom.us/wc/97985435232…

🧵 If you missed previous testimony (#EastmanTrial video is not archived), here are my previous unrolls of In Re Eastman, Cal. State Bar, No. SBC-23-O-30029:
Fri Sep 8 Blowhard Michael Gableman
Sep 12 John Yoo threadreaderapp.com/thread/1700197…
threadreaderapp.com/thread/1701642…

Sep 13 Garland Favorito Direct

Thu Sep 14 Garland Favorito Direct

Sep 15 Garland's Disastrous Cross 🏴‍☠️
threadreaderapp.com/thread/1702008…
threadreaderapp.com/thread/1702387…
threadreaderapp.com/thread/1702682…

Former Reagan Admin & Trump Elector James Lacy's great article: ‘Trump would be better off if he had never met John Eastman’. Lacy thinks Eastman should have resigned CA Bar. "Eastman is licensed to practice law in DC. He doesn’t really need a CA license".
ocregister.com/2023/08/29/tru…

#EastmanTrial is In Re Eastman, Cal. State Bar, No. SBC-23-O-30029. John Eastman's main lawyer is Randall Miller (RM), the #CABar's main lawyer is Duncan Carling (DC), and the Judge is Yvette Roland (YR). Might use their initials in some tweets to have more space for content.

1:20pm EDT, they tend to run late. People have been really kind about my livetweeting & asked to buy me a coffee (I need it with some of those witnesses lol). So I just created a page. It's just for fun if you're enjoying. Thanks for your support, friends! buymeacoffee.com/lukejohnson2

1:25pm EDT: They've just opened up the Zoom Webinar for #EastmanTrial, it's free to watch and you don't need a Zoom account. So if you'd like to follow along, it's at calbar.zoom.us/wc/97985435232…

My Note: These folks thought they could subvert elections, stop Congress from certifying electoral votes & lie about voting machines with impunity. Justice takes time but Eastman, Lindell, J6 rioters, Kari Lake et al are getting what they deserve. The bell tolls; I'm here for it.

Today #EastmanTrial intends to call Prof. John Yoo, & Joseph Fried (as a percipient and not expert witness as defense sought). Fried conducted an “audit” about 2020 election “anomalies” but has no experience or training. 🙄 They intend to end early, around 6:15pm EDT.

Judge Roland discusses testimony John Yoo can present. Depositions were "all over the place" on opinions he would give, incl "adjournment" (of Congress). Along with Motion in Limine #5, Judge says he can NOT discuss it. Re if the VP can or not count EVs, also NO. #EastmanTrial

Final possible exclusion for Yoo's testimony: Whether VP has authority to "recess of postpone" Electoral Count in Congress. Yoo in depo said he didn't reach issue. "Danced around it". But he did give some opinions so testimony WILL be allowed. 1-3. Now Miller & Carling can argue.

While "adjournment" can't be discussed, "postponement" is OK. Judge Roland: "If any profession is specific about words, it's legal. Eastman used the word. "Recess" & "delay" also not in depo. Yoo didn't know Eastman's views". It's about "tenability". (These are complex issues.)

What Judge Roland is working through are areas that Prof John Yoo can testify about. She's discussing "tenability", which Court can decide. She points to CA Bar's previous filings on expert testimony. CA Bar wants to use Yoo to discredit Eastman. Judge disagrees & ruling stands.

Judge Roland only disagrees on certain areas (words), not all. For example, Yoo has said the VP does NOT have the ability to "choose" between electoral slates, which was in Eastman's subversion attempt. Yoo didn't review all claims of "fraud", they were "unfounded". #EastmanTrial

Discussing Yoo's deposition. Yoo: Eastman was more aggressive, I don't think there was electoral fraud sufficient for the VP's choice. But scholarly authority that the VP can choose, tho I don't agree. DC: So it's "tenable". JR: Yoo "Dances around" but can't opine on this case.

Judge Roland is not persuaded. While Miller says Yoo said there's scholarly research that says the VP can "choose" elector slates, Judge says Yoo also said he didn't have "minimum facts" to make a conclusion in this case. #EastmanTrial

❗️ IMPORTANT! Apologies, screen is small. This colloquy has been with RANDALL MILLER, Eastman's counsel, NOT Duncan Carling from CA Bar. Makes more sense Eastman trying to get this in. Please read Miller instead of Carling. Discussion correct. Carling next. Judge's ruling stands.

This makes much more sense! Now Carling is up & giving examples & referring to Motion in Limine #5 from June. For example, Yoo said (p85 depo) there were NOT dual slates of electors in 2020. CA Bar doesn't want Yoo testimony that's "adjacent to tenable", i.e. Eastman's view.

Carling brings up "recess" vs. "postpone" in Yoo's testimony re VP's authority. Yoo "hadn't really thought about" it for his Case Western article. Nor "Adjournment" so CA Bar doesn't want Yoo to testify about delay. Judge says he can testify (he personally disagreed with JE).

Miller says he wants Yoo to discuss "historical precedent re authority for the VP on electoral votes". Carling, annoyed, says it's been covered & briefed. Miller says "solidified", Judge says it's "anything but solid" & "fluid understanding about this testimony".

Miller is asking if the case will be done by 10/6, Judge says yes. She is inclined to DENY rebuttal testimony by Heather Honey, Jeff O'Donnell & 1 other because "it should have come in during case in chief - which Eastman addressed" But not her final decision. #EastmanTrial

Miller complains if 10/6 is a "terminus", Eastman may not be able to present his full case. (After screwing around for 3 days with clown Garland Favorito, I'm not sympathetic.) Judge: You're wasting time, added 3 additional dates, JE asked for continuance... we're proceeding.

After all this Randall Miller nonsense & time wasting (again), they're taking their lunch break now. They'll resume at 4pm EDT & go until 6:15 EDT. Prof. Yoo still has not taken the stand. Looks like 10/3, 4 & 6 will be trial dates for #EastmanTrial (along with this week).

Please note: While it's true CA Bar wants to use Yoo to discredit Eastman, & about the filings, this was happening during Randall Miller's, Eastman's lawyer, argument with Judge Roland regarding allowed testimony. Apologies, it was happening fast.

Please note: The discussion about "tenability" was with Randall Miller, Eastman's lawyer, and Judge Roland. Miller is/was trying to expand Prof. Yoo's allowed testimony. So it was RM, not DC, above. Apologies, it was happening fast. 😿

🍔4:15pm EDT: Back on the record with #EastmanTrial, John Eastman's Disbarment Trial by California State Bar. #JohnYoo will continue testifying. We might get election denier Joseph Fried, but Eastman burned time again. Watch via Zoom (no account required): app.zoom.us/wc/join/979854…

They begin with his article: "Who Counts?: The 12th Amendment, the VP & the Electoral Count By John Yoo & Robert Delahunty" Audio glitching, judge brings it up. Also Miller is asking leading Qs again, judge says burning time while you whine about schedule. aei.org/research-produ…

This is Direct Examination by Randall Miller, John Eastman's attorney. Miller expects it to take 1.5 hours. Yoo is discussing how historical precedent is reviewed on a "case of 1st impression", including U of Wisconsin's 50-year "History of the Documentation on the Constitution".

For Yoo's previous testimony, including some articles discussed, see the previous unroll at . Audio problems continue & Miller keeps getting called out for leading. Judge is asking IT department, she's concerned record won't be complete. #EastmanTrialthreadreaderapp.com/thread/1701642…

More time burned. They're asking about having Yoo call in telephonically now... they're taking a quick break off the record. That's why it's been slow. Now it's 4:50pm EDT. Another John Eastman delay and fail. 🚀

Twitter is acting out but I have notes. Miller is asking Yoo about the VP's authority under the 12th Amendment. Yoo mentions that Prof. Foley was more interest in the problem, that the text is ambiguous. #EastmanTrial

Miller asks Yoo's view on the VP authority under 12A. He says his conclusion is that it's ambiguous, but that VP should resolve disputes over Electoral Votes vs. Congress. #EastmanTrial

They talk about Dr. Siegelman's testimony on this issue. Miller asks if Yoo agrees. NO. Yoo thought Siegelman's testimony was more "tentative" in writing than in expert testimony. Yoo feels that his reliance that the "passive tense" gives Congress the authority not persuasive.

Yoo looked back at the history of DE & PA state constitutions re disputes about Governors. They had Special Committees. Yoo says since the Fed Gov was in Philadelphia at that time & the 1800's & 12A drafting were happening, it also didn't give Congress authority. #EastmanTrial

Yoo focused on historical & scholarly views of presidential elections, Electoral Count Act & 12A. His testimony is to rebut Stanford Law scholar Matthew Seligman, who said no legal or historical basis for Eastman’s arguments that VP has authority to reject electoral votes.

Yoo said he looked to the Constitution's "Necessary & Proper" Clause for disputes, but some scholars believe it's not clear for an "ad hoc every 4 year event" (presidential elections). His point is there are many differing scholarly opinions of VP v Congress. #EastmanTrial

Yoo brings up 2 elections, 1796 & 1800, where the VP supposedly had a role (1960 election was off limits). In 1796, there was a dispute over Vermont's 3 electoral votes (EVs). Yoo said Adams "counted, paused, & declared himself president". 1800 was more complex because of a tie.

Problems start to crop up when Randall Miller, Eastman's attorney, brings up his 2 & 6 page memos outlining scenarios where elector slates could be rejected based upon still-unproven allegations of election misconduct & fraud. CA Bar keeps objecting to Yoo giving his opinion.

Judge: Were you involved in these memos? NO. Finally, Judge Roland raised her voice: NOT ON THIS ISSUE. LET'S MOVE ON. Yoo disagrees with Seligman, saying findings in the 19th Century were more important than the Founding, but in depo said he wouldn't opine. Objection sustained.

Eastman's team is grasping at straws over words. They focus on "postponement" "adjournment" "recess" & other words re VP's authority. On "postponing, "Did you find support the VP could under 12A?" Y: Didn't see it 1 way or other".

Miller: Difference between "adjournment" & "recess"? Y: Recess is temporary break, adjournment could be the end of the session. They're not talking about this case. Judge: Is that an expert opinion or not? They move on.

Miller brings up 2020 election cases like Boockvar in PA, which dealt with COVID inspired changes to voting rules to protect voters & election workers. (When Michael Gableman testified, he was a COVID denier). Yoo said relevant.

Judge Roland interrupts. What expert opinion of Yoo's does this involve? Miller: SCOTUS involvement. Objection from Carling: Texas v Pennsylvania is not opining, is this expert witness? Miller says it was examined. So does Yoo. Miller: Leading, not electoral votes. #EastmanTrial

Judge Roland: How does Boockvar have relevance? Yoo: Might have on legitimacy of Electoral Votes, key to 2020 election like FL in 2020. (Both Boockvar & TX v PA.) scotusblog.com/case-files/cas…

Now at the end of the day, Judge Roland asks how much more time with Yoo. "Miller: 30-45 minutes". Judge is irritated. "2 hours ago you said this would be 90 minutes". So there's still more direct before cross. Adjourned until tomorrow at 6:15pm EDT. #EastmanTrial

This seems like it's just delay, delay, delay. Randall Miller keeps wasting time between leading witnesses, keeping buffoons like Garland Favorito on the stand, and performing long direct. Then he whines not enough time. Judge is reaching her limit, tomorrow will be interesting.

That's it for today! Thanks for reading. Tomorrow will be more of John Yoo, and we'll see... election denier Fried was supposed to be on today. Eastman is still trying to bogus, unqualified witnesses like Finchem, Wendy Rogers, Heather Honey, Jeff O'Donnell & others. We'll see.

Please note: Twitter was horrible yesterday, kept getting this error. Seems better today. Relied on a lot of note taking. If anybody watching live has anything to add, please do. Unroll to follow. Thanks everybody!

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