Thread by @Orly_licious

⚖️ Happy Friday everybody! 🧵 It's Fri Oct 6 & #EastmanTrial CA Bar Disbarment Trial of #JohnEastman, resumes 1pm EDT. May begin with Lindell/Lake lawyer Kurt Olsen (or Stan Young). Eastman on deck. Trial isn't archived but my livetweets are. Watch live at app.zoom.us/wc/97985435232…

#EastmanTrial: Here's the lengthy California State Bar @StateBarCA Docket for the John #EastmanTrial Disbarment case. Visit and enter Eastman, John Charles, then click on the Case Number: SBC-23-O-30029. apps.statebarcourt.ca.gov/dockets.aspx

Prof Rick Hasan noted & reported John Eastman is still grifting. Rick Hasen: "#ELB: John Eastman, in Fundraising Email, Continues to Claim “election illegality and fraud” in the 2020 Election" @rickhasen's Election Law Blog is great, it's at: #EastmanTrial electionlawblog.org/?p=139002

As @tomryanlaw noted, "Here's Rachel Alexander @Rach_IC going for the trifecta of getting another #EastmanTrial witness scorched by the judge for violating her rule about even communicating with disgraced former attorney Rachel Alexander. Rach? Are you a plant for the State Bar?"

Joe Oltmann is scheduled as a percipient witness next week in #EastmanTrial. He's an "Interested Party" in Coomer v Lindell. Oltmann is the guy who said Coomer was the "Eric" in a purported "ANTIFA call" he says he heard. Background: coloradopolitics.com/courts/federal…

One case Joe Oltmann is involved in is Coomer v. Make Your Life Epic LLC, 1:21-cv-03440. Added it to our Protopage of Court Dockets (Dominion, Smartmatic, Trump Indictments, Lindell, etc.). Coomer docket: All dockets (Coomer Tab): courtlistener.com/docket/6164180…
protopage.com/birthers#Home

#EastmanTrial livetweets 🧵John Eastman Disbarment Trial
9/8 Michael Gableman

9/12 John Yoo

9/13 Garland Favorito

9/14 Garland

9/15 Garland Disastrous Cross 🏴‍☠️ threadreaderapp.com/thread/1700197…
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9/26 John Yoo
9/27 John Yoo & Joseph Fried
9/28 John Droz
9/29 Kurt Olsen & Ray Blehar

10/3 Ray Blehar

10/4 Ray Blehar & Stan Young
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#EastmanTrial has been my 1st livetweeting experience. Thanks for being supportive. Your feedback & ideas are welcome. 💙 Many have bought me a coffee to say they appreciate the coverage. To everyone, & those who have chipped in, sending you a big hug. buymeacoffee.com/lukejohnson2

#EastmanTrial Abbreviation Key:
YR = Presiding Judge Yvette Roland
DC = California Bar's Duncan Carling
RM = Randall "Randy" Miller, Counsel for Eastman
JE = John Eastman
SY = Dr. Stanley Young
KO = Kurt Olsen
CAB =California Bar
OCTC = CA Bar's Office of Chief Trial Counsel

Please help spread the word about this #EastmanTrial coverage. If you have influencer friends on Twitter/X, please let them know & ask if they'd please mention & link to it. Since Trial isn't being archived, and few are livetweeting it, MAGA recaps shouldn't be the only record.

Brian Terry, @brianterry180, an #ElectionDenier who's tweeted over 10,000 times since 6/23, is a fan of Rachel Alexander. She's retweeted him. Brian says, "@Rach_IC doesn't block halfwits like you kids". Love being called a kid. Rachel blocked me 12/24/22.

https://twitter.com/Orly_licious/status/1710315328662544691

Starting this thread earlier so there's time for folks to see it's happening. 🥳 Trial expected to begin 1-1:30pm EDT. After today, #EastmanTrial plan is week of 10/16). This is still Respondent's (Eastman) case in chief. CA Bar said they need 1/2 day for rebuttal & aggravation.

ONLY to provide you with a better experience with my livetweeting of #EastmanTrial, I've added X premium. Hid the checkmark since it's worthless. It provides longer tweets so I can include more information, edit, and list the Thread Archives in the Highlights tab above. ⚖️

1:04pm EDT: The State Bar Court of California's "The Court is in Recess" slide is up. Last time Kurt Olsen was on the stand, he spoke at great length about Texas v Pennsylvania, which was DENIED by the Supreme Court. Previous testimony here: threadreaderapp.com/thread/1707797…

On the record with the 21st day of #EastmanTrial. Randy Miller, Eastman's lawyer, will start with Kurt Olsen, then John Eastman. Judge asks schedule beginning 10/17. Probably Eastman 10/17 but will know more after lunch. Miller asks to end at 7:45pm EDT. "Full consensus".

Olsen is present, sworn in. Judge has a pretty flower bouquet on her desk. Olsen has to stop by 6pm EDT. Miller is restarting on TX v PA, the Bill of Complaint. 12/11/20 was the Supreme Court decision. He wants to focus on that week.

Olsen said PA violated the Elections Clause & Due Process. He felt it was constitutional to "send it back to the states". RM: "Were you aware of communications?" KO: "Generally."12/14/20 was the certification date.

Here is the DOCKET for the Supreme Court case, #TexasvPennsylvania which was DENIED. SCOTUS DENIED Moore v Harper, which dealt with the "independent state legislature" theory, giving state legislatures free rein for setting federal elections rules. #EastmanTrial …

In line with John Eastman's defense that actions re 2020 Election were "reasonable", Olsen uses "good faith" re #TXvPA. CA Bar makes many objections: not a legal expert, foundation, relevance. Judge Roland is sustaining & asks how it fits in #EastmanTrial Ethics Complaint.

#EastmanTrial: Kurt Olsen & Randall Miller are discussing his role as "Counsel of Record" in the Response brief for Leave to File briefs. Miller asks if Olsen remembers expert declarations. No. They move to page 31, Declaration of Charles J. Cicchetti.

#EastmanTrial: Kurt Olsen had 1-2 calls with John Eastman in this time period.
RM: Did you discuss JE's Motion to Intervene?
KO: I was not alone on calls with JE, Larry Joseph too. Tangential, not primary focus, don't recall conversations.

Randall Miller wants to discuss other states intervening. CA Bar objects, relevance.
Judge: Question is if Eastman knew that the factual allegations were false. Move on.
RM makes offers of proof. "It's relevant other states were involved re JE's irresponsibility, same action."

#EastmanTrial
Judge: There was a benefit to JE with other states? You need Eastman's testimony about this? Move on. For the last time, it is not relevant now.
RM wants to bring Olsen thru the amicus briefs.
Judge: You've spent 15 mins on this. It's making me think addt'l days. 😿

Back to Bill of Complaint re Georgia. Relating to curing.
KO: We believed curing could only be day of election. GA began 3 weeks in advance.

Judge: How did mail-in ballots benefit Democrats?
KO: More Democrats use VBM. Factual basis in reports & data that Ds voted disproportionally higher than Republicans.
[Republicans popularized VBM, they relied on it for older voters in states like FL. Changed because of Trump.]

#EastmanTrial: Kurt Olsen discusses the Georgia rejection rate and proportionality between Biden & Trump votes. For the Bill of Complaint, he relied on Cicchetti's data.

In Michigan, Kurt Olsen believed there were 2 violations of Article II & due process: SoS Benson's "unilaterally mailing absentee ballot applications (7M) & signature verification changes. [These were changes made due to COVID and safety concerns.]

https://twitter.com/sandy2138/status/1710370051289751632

#EastmanTrial: Kurt Olsen believed there were 2 issues: A clear Constitutional violation (mail in ballots, signature verification) by a non-legislative actor of Article II, the Electors Clause, and if the number of ballots affected were outcome determinative.

#EastmanTrial: Kurt Olsen brings up a debunked 2020 Election claim about "covering windows with cardboard at TCS Center". True, but it was for VOTER PRIVACY. Detroit Free Press debunked NOV 6, 2020. Reminder that Olsen is Kari Lake & Mike Lindell's lawyer. freep.com/story/news/loc…

#EastmanTrial Randall Miller moves to Wisconsin with the same claim of "violations by State actors" regarding "unmanned drop-boxes". "Ballots counted in contravention...may not be included in the certified result". CA Bar's Duncan Carling will have a field day on cross-ex.

Then Kurt Olsen moves to qualifications for absentee voters. Because of COVID, Wisconsin modified "indefinitely confined" as the only reason for VBM. Olsen says it went from 16K in 2016 to 230K in 2020 [didn't hear numbers clearly].

Rusty, America's Squirrel, and #SquirrelArmy made use of Wisconsin drop-boxes in the 2020 Election. Here's Rusty @RustyEatsBrains casting one of thousands of #SquirrelArmy ballots. It's common knowledge that the Squirrel Vote is powerful in Wisconsin.

#EastmanTrial: Kurt Olsen explains his basis for Wisconsin being included in the Bill of Complaint. Randall Miller is finished. CA Bar will need 2.5 hrs. Olsen has hard stop at 3pm EDT, so will have to come back. But cross-ex will begin after Lunch Break 🍲 at 4:45pm EDT. 🥳

https://twitter.com/R5Philly/status/1710386240242041242

Unlike #EastmanTrial bozos and buffoons Michael Gableman, Ray Blehar, John Droz, Garland Favorito et al, at least John Yoo & Kurt Olsen had information to testify about. While not as funny, it's much more interesting. I still think Eastman will lose his CA Bar License though.

⚖️ We're back with the #EastmanTrial: Disbarment Trial of John Eastman. Scheduled to go until 7:45pm EDT today. Eastman's ethics case is 11 disciplinary charges filed by the CA Bar. He could lose his CA law license. The case is In Re Eastman, Cal. State Bar, No. SBC-23-O-30029.

Kurt Olsen is back on the stand, and then Duncan Carling from the California State Bar will begin his cross-examination. By the way, thank you for the coffee donations! This trial is pummeling my laptop, going to use those funds to buy a new one.

Duncan Carling isn't wasting any time, he starts by asking Kurt Olsen about being SANCTIONED TWICE in the past year for false allegations about elections. Including Lake v Hobbs. He starts with the claim about "electronic machines are not safe, constitutional infirmed".

#EastmanTrial: Kurt Olsen doesn't "remember" his sanction was about false allegations. Olsen: "I think the Court got it wrong." Carling starts with page 7: Allegations that were false & misleading". Kurt grumpily accepts what the District Court said.

#EastmanTrial: Miller: "Not about the machines! 2 years later!"
Judge: Goes to Kurt Olsen's credibility and bias. Not for allegations in NDC of #TXvPA, but allowed for going to witnesses' credibility."
Miller: Not relevant...
Judge: Sometimes it is. Record done. Overruled.

After battering Kurt Olsen on sanctions, DC to #TexasvPennsylvania.
DC: Changed your opinion on the Bill of Complaint?
KO: No.
DC: (moves to Rachel Alexander's favorite, Ryan Report 🥳). How did you verify this?
KO: May have spoken to [disbarred, lost every case] Phill Kline.

DC: Did you confirm this with anybody from PA SoS to verify? Any review of PA election law?
KO: No on SoS, extensively researched PA law.
DC: You called it "startling". Is that a problem?
KO: Yes, mail dates...needs a postmark. [No.]

#
Duncan Carling: Are you familiar with PA's Act 77? Did you know voters could go into an election office to register & vote in the same session?
Kurt Olsen: I don't recall that.
DC: What basis for postmark?
KO: Common sense..

DC: If they go in, and the mail date is the date the ballot was handed in, is that still "startling"?
Kurt Olsen: I'm defining "mail date" as having a postmark.
DC: Did you confirm your understanding of "mail date" with anyone who has experience & knowledge with PA election law?

#EastmanReport
Kurt Olsen: [Oh no] Brings up HEATHER HONEY! 🐝
DC: Do you remember a reply to Rep Ryan's report pointing out inaccuracies?
KO: Don't recall.
Miller tries to Object again. Judge: Olsen cited to Ryan Report in SCOTUS Complaint.

DC: You disagree with the PA SoS that Act 77 allowed mail-in dates without postmarks?
KO: "Sophistry" 🚀I don't think the SoS said that.
DC: Where did you see info that in PA voting records a mail-date is with a postmark?
#EastmanTrial

KO: If ballots not allowed after ED... At SCOTUS, there was a promise made & not kept!
DC: So you disagree with the SoS about early in-person voters having "mail-in" ballots?
KO: It's misleading! 😿
#EastmanTrial

Moves to another part of the #TXvPA Complaint about segregating ballots
DC: Did Justice Alito say that PA changed it's guidance on segregated ballots?
Kurt Olsen: They co-mingled the ballots! They said, "Nothing to see here!"
[Alito did NOT write what Olsen said he did.]

#EastmanTrial
[This is gruesome for Kurt Olsen, being shown in bright lights he's a sanctioned liar.]
DC: Refers to Olsen's Bill of Complaint. Then shows Justice Alito's Order. Same quote in BoC?
KO: Used Westlaw cite.

Dang! Twitter lost 7-8 tweets. I have notes and will fill this in after testimony is done for today. Duncan Carling of CA Bar made mincemeat out of Kurt Olsen. Now is a 10-minute break, and then JOHN EASTMAN himself on the stand in #EastmanTrial

#EastmanTrial Cross-ex was about how Kurt Olsen used debunked, unconfirmed information in his Bill of Complaint in #TXvPA. Ryan Report was totally discredited, but sanctioned liar Kurt Olsen used it happily. He also made up statements for Justice Alito. #ElectionDenier EXPOSED!

Back on the record with John Eastman! 🥳 For a great explanation of Pennsylvania law and what happened there, please check out @R5Philly's comments in the thread. He's from PA.

https://twitter.com/R5Philly/status/1565632146093506562

Randall Miller continues direct & returns to the 2-page memo that John Eastman wrote (around 12/23). First, Trump asked him to work on the original action at SCOTUS, #TXvPA. After it was denied, Trump asked him to consider cert petitions around 12/21, 3 PA SCOTUS, WI...

Eastman is talking about his analysis of the 12th Amendment & the VP's role.
RM: When did you solidify this analysis?
JE: In 2000 FL dealt with this issue, including reviewing Electoral Count Act. Then saw John Yoo's American Mind article & rethought it.

Eastman noticed that Founders didn't give Congress a role. I thought it was a credible argument that the VP resolved disputes.
RM: Scope of 12A?
JE: View of Framers, scholarship, whether Electoral Count Act was Constitutional...

JE = John Eastman RM = Randy Miller (Eastman's attorney) #EastmanTrial
RM:
JE: I came down with COVID, down 3 weeks. By end Nov/early Dec I began researching 12A although hoped #TXvPA would work out. He refers to several of the Articles that John Yoo brought up. He said he began with Ackerman, liked Kasavan's article (he was a law student, Yoo was his professor). Yoo's testimony with these authors:
JE: I informally was in an election group Cleta Mitchell put together in Sep. By Dec I realized I should get a fee for this, Trump (as a candidate) had sent a volunteer retainer agreement. Wasn't paid for #TXvPA, was paid on 3 PA Supreme Court cert petitions (12/1 until dismissed 2/21).

#EastmanTrial
RM: What about Wisconsin?
JE: There was a state case, Trump v Biden, and federal action, Trump v WEC, worked with other lawyers. We thought it was important that there be cert petitions filed. WI, GA & MI. "WI was Rock solid". State court dismissed on jurisdictional grounds, federal dismissed on laches. Was encouraged by state action dissents and thought that could go to US SCOTUS. I was counsel to the president & assisted. SCOTUS denied cert for the WI state court 2/21.
RM: Capacity in Trump v Biden?
JE: An attorney for Trump, I was Counsel of Record on PA cert petitions.
RM: Capacity in Trump v WEC?
JE: Not in 7th Circuit, but it was EXTRAORDINARY. To my knowledge, 1st time a court had addressed a state legislature & whether standing. Remedy would be returned to states to determine what to do. I thought it was quite important.
RM: Was cert filed at SCOTUS? What capacity?
JE: Yes, not as Counsel of Record. "Consulting attorney"
RM: Keep track of your time spent?
JE: So much going on, would have to go back and look.
Judge: Why relevant you ask so many times about time when he wasn't billing?
RM: Shows the time he put in.

JE: I was visualizing scenarios. If VP has authority, what if he found votes invalid?
RM: Who did you discuss with?
JE: Only remember Boris Epshteyn & Ken Cheesebro?
RM: What about Mid-late Dec time frame
JE: Over Christmas I sat down and wrote the 2-page "aggressive" memo which was later filled out. Was hopeful about the PA cases, WI, Georgia, Rep. Kelly's lawsuit over Act 77 in PA, AZ cert petition pending, NV... all were still pending while writing the 2-page memo.
Judge: Dismissed on jurisdictional grounds & lack of merit?
JE: That's not true, Your Honor. WI was denied on jurisdictional grounds but went to a cert petition to US SCOTUS.
Judge: Well over 50 cases were denied on merits or jurisdictional grounds (standing, etc).
JE: Over 100 but some were citizens... at least a dozen I was tracking were still pending?
Judge: As of 12/23 when drafted 2-page memo?
JE: Yes. "Like drinking from a firehose" with so many cases.

#EastmanTrial
JE: There was a Georgia case, Trump (with no indicted GOP head David Shafer) v Raffensperger. My point of contact was Cleta Mitchell, whom Trump asked to work on Georgia.
RM: Counsel of Record in District Court in GA?
JE: Yes, on 12/31. There was 1 other PA case, preparing to file another complaint... I got COVID and don't recall what case, "my involvement lasted all of 15 mins" -- legislative power being usurped.
RM: Were you acting for candidate Trump?
JE: Yes. Then: I had not had contact with Trump by 11/7 when I first went over to the "Election Integrity Team".

JE: But later, Trump had asked me to represent him, so was solidified... then asked Justin Clark & Matt Morgan for the retainer agreement.
RM: Did Boris or Ken get a draft?
JE: Boris redlined, Ken was copied. Ken was involved in WI state court litigation, we were on several conference calls...

#EastmanTrial:
John Eastman gets TESTY! For the 2nd time, he raises his voice and says, "IT'S NOT TROO!" He's arguing with Judge Roland. Judge was asking if the 2-page memo shown was final. Randy Miller and John Eastman keep trying to say it was part of the 6-page memo. It's a tiny semantic issue but Eastman goes berserk.
JE: You accused me of giving a false answer!
Judge: You improperly characterized my question.
John Eastman: I was asked to write an aggressive scenario. The 6-page memo filled in the original foundation from the 2-page memo. Used the PA material "exhaustively".
For Georgia: "Instead of 1 poll worker reviewing signatures, they wanted 3 poll workers" "Had to be compared to the voter's registration file." Consent decree allowed a signature from the absentee ballot application itself, which I thought was ripe for fraud. Added that into #TXvPA. Also added "portable voting locations". But 3 weeks later, "GA still hadn't assigned a judge".
Duncan Carling isn't objecting, there's a lot he could object to. But he'll have his cross examination to deal with Eastman. That is going to be HUGE.

John Eastman sent the 6-page memo to Boris Epshteyn. He marked it privileged. The 2-page memo became public (in October 2021, well after all this) "because of somebody in one of these offices". It was published in a book and CNN got an advanced copy.

But the ideas I didn't consider privileged because people (in 2020) were asking about it.

RM: What edits did Cheesebro make?
JE: Everything from "There is very solid... to end of paragraph".
Judge: You testified you didn't know the relationship between Ken and Trump. But you forwarded this. Why?
John Eastman: I knew he was working on the volunteer legal team.
Judge: But if Trump was the holder of the privilege, did you get a waiver?
Eastman: (Testy again) It wasn't going to Trump.

#EastmanTrial:
Randall Miller: How long for Cheesebro to send the redline?
John Eastman: Within an hour. He sent a redline, I collapsed it & sent it to Ken & Boris (have to check to be sure about Ken).
Judge: Anybody else before 1/6?
JE: No. I was working on the 6-page memo after holidays on the way home to New Mexico. Worked on it during my wife's "stint" driving. Then finished it on the plane 1/3 before meeting in DC with Trump.
JE reviews the states mentioned in the "more complete" memo. It sounded like JE was informed by Thor Hearne on the Wisconsin information. He made some clarification changes.
RM: Did you hear back from Boris or Ken 12/23-1/3?
JE: No.
RM: Did you speak with Trump?
JE: Yes, but not about this... we talked about PA cert petition, the GA case... several times to my recollection.
RM: Is 6-page memo 2 issues?
JE: Actually 3: Factual, statutory legal issues (usurping of state legislatures authority under Article II), federal Constitutional issues
RM: Did you do legal research?
JE: I became aware of other memos about VP being involved in dispute...
[of course, John Eastman made sure to read memos from...]
Jenna Ellis! 🚀
Ivan Raiklin's The Pence Card! 🚀

John Eastman refers to most of the same information that John Yoo discussed... 1796, 1800, 1816, 1821 (Missouri Compromise, slavery), 1857 "blizzard in Wisconsin", 1872, 2020... and the 1960 Hawaii electors.

Randall Miller says this is a good "jumping off point for me" (meaning finish for the day). 💃
Judge will consider Joe Fried & Pat Colbeck's testimony.
Miller will work on the witness list for when #EastmanTrial resumes on Tue October 17th.

Whew! That's a wrap for a huge amount of testimony in the #EastmanTrial today! Kurt Olsen was battered by cross-ex and CA Bar isn't done with him. Then the Man of the Year, potentially to be disbarred, and accused of felonies in Georgia, John Eastman, took the stand again!

Instead of pushing it tonight (it was a long day), I'll get my notes and add a new thread about the Kurt Olsen testimony that Twitter didn't post over the weekend. Thank you all so much for joining me today & throughout the #EastmanTrial!

I truly hope it's been informative, since the #EastmanTrial isn't being archived, thought it was important to have a record. For me, I didn't think Kurt Olsen helped at all, and John Eastman's attempts to make his actions seem "normal" are bogus.

ANYBODY paying attention in late 2020 (and at Fogbow, we were, we reviewed every hearing & every case) knew that Trump was trying to overturn the election. Remember how Trump did NO WORK for weeks? Just stewed in his bedroom coping & seething.

Out of the 64 election cases (ask @DemocracyDocket & @marceelias), Trump & Allies lost SIXTY THREE. (The one win in PA was irrelevant.) Personally, I don't believe John Eastman's bashful act for a second. We heard him on 1/6 in his hat & overcoat, who does he think he's fooling?

But it's a trial & Judge Yvette Roland is the trier of fact. She knows more than any of us. Whatever the CA Bar Court rules, we'llaccept (vs. the #ElectionDenier team). Thanks again & have a GREAT HOLIDAY WEEKEND! #EastmanTrial 🎈 By demand: Still the only Smoking Guns:

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