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#LukeCrew, here we go with PART II of Mon Oct 30th's continuing CA Bar Disbarment Trial of John Charles Eastman. Expecting to start with final questions from Miller, or Duncan Carling's cross-ex. #EastmanTrial Watch here: app.zoom.us/wc/97985435232…
Opinion: The last 2 hours were a DISASTER for John Eastman. Randall Miller kept bringing up documents irrelevant to Eastman's NDC (Notice of Disciplinary Charges), hearsay or already covered info. Based on the sustained objections from Judge Roland, it's grim in #EastmanTrial.
Thanks Jamie! The coffee is soooo needed! #LukeCrew is the greatest, thanks for being with me for this extremely important trial about #ElectionDeniers & criminals!
Janine Schaefer just supported @orly_licious on @buymeacoffee! You can buy a coffee here: buymeacoffee.com/lukejohnson2/c…
Janine Schaefer just supported @orly_licious on @buymeacoffee! You can buy a coffee here: buymeacoffee.com/lukejohnson2/c…
Marx will be back as a rebuttal witness for CA Bar:
https://twitter.com/R5Philly/status/1719060410517618755
#LukeCrew are big fans of @stephen_richer, he truly represents country over party. Thank you Stephen for joining in -- if there's anything you'd like to add, just let me know or DM me. You're a hero. #EastmanTrial
https://twitter.com/stephen_richer/status/1719056840573739145
Stephen Richer says what we all have been believing: Nothing going on here is helping Eastman at all. #EastmanTrial
https://twitter.com/stephen_richer/status/1719056909939134735
#EastmanTrial: Arizona attorney and great guy @tomryanlaw says the same thing: "I have yet to hear one thing that exonerated Eastman." 
We're back on the record for #EastmanTrial. Here's the Docket for the John Eastman Trial Disbarment case. Visit & enter Eastman, John Charles then click on the Case Number: SBC-23-O-30029. apps.statebarcourt.ca.gov/dockets.aspx
Miller is DONE! It's time for the cross-examination with Duncan Carling of the CA Bar, get your pens and notebooks ready, he's FAST! #EastmanTrial
DC: Going back to 1/4 talk with Pence, you said he should delay because of the 100 legislators requests. That included 14 sigs on the Rep. Ryan letter, right? JE: Yes DC: About 12 sigs on 1/1 letter? JE: Yes DC: Jake Corman letters, 12 sigs on page 3, total 21 on page 4.
DC: You said Corman spoke for a majority of his colleagues, right?
JE: Yes
DC: But he doesn't say he wants a delay, right?
JE: Yes
DC: Pence did not delay the count, right?
JE: He did not.
#EastmanLetter
JE: Yes
DC: But he doesn't say he wants a delay, right?
JE: Yes
DC: Pence did not delay the count, right?
JE: He did not.
#EastmanLetter
Letters above have 12 & 91 signatures respectively.
DC: Did you have a sense of how many Republicans signed and what % that reflected?
JE: Didn't make a chart
DC: Did you see how close to a majority the signatures were? In PA you believe a majority?
JE: A majority of the other house had raised concerns & that the number... don't believe it represents a majority...
DC: Did you have a sense of how many Republicans signed and what % that reflected?
JE: Didn't make a chart
DC: Did you see how close to a majority the signatures were? In PA you believe a majority?
JE: A majority of the other house had raised concerns & that the number... don't believe it represents a majority...
DC: If there were 21 signatures in PA, what % does that represent?
JE That was only the Senate, not House side..
DC: Outside PA, did you get %?
JE: Don't think any reflected majority, didn't make a chart, but significant "please give us time"
DC: I made a chart. 🔥
#EastmanTrial
JE That was only the Senate, not House side..
DC: Outside PA, did you get %?
JE: Don't think any reflected majority, didn't make a chart, but significant "please give us time"
DC: I made a chart. 🔥
#EastmanTrial
DC: This was in the stipulation then removed from revised stip. Why removed?
JE: Didn't know if I saw the article.
DC: Did you know Rusty Bowers made these statements?
JE: Brought to my attention, I thought it was inaccurate.
DC: Did you know he didn't plan to try to reverse the election?
JE: Don't recall specifics.
DC: When did you 1st see the article?
JE: Maybe during investigation for this proceeding but don't recall.
JE: Didn't know if I saw the article.
DC: Did you know Rusty Bowers made these statements?
JE: Brought to my attention, I thought it was inaccurate.
DC: Did you know he didn't plan to try to reverse the election?
JE: Don't recall specifics.
DC: When did you 1st see the article?
JE: Maybe during investigation for this proceeding but don't recall.
DC: Returning to chart, do you dispute that less than 10% of GA legislators signed the letters?
JE: No but IDK the dynamic except they weren't in session...
DC: But less than 10%?
JE: Yes but don't know how many more
DC: Only 15% in Michigan?
JE: Probably right...
#EastmanTrial
JE: No but IDK the dynamic except they weren't in session...
DC: But less than 10%?
JE: Yes but don't know how many more
DC: Only 15% in Michigan?
JE: Probably right...
#EastmanTrial
DC: Regarding MI, were you aware that Rep Majority Leader Michael J. Shirkey was not going to certify different electors?
JE: In HIS view...
DC: Aware Lee Chatfield said the same?
JE: Don't recall
DC: Recall these?
JE: No
JE: In HIS view...
DC: Aware Lee Chatfield said the same?
JE: Don't recall
DC: Recall these?
JE: No
DC: Do you recall NO Nevada legislator signed a letter?
JE: I thought 1...
DC: NO New Mexico legislator signed a letter?
JE: Didn't see a letter.
DC: Did you suggest to Pence he count the other states except the swing states?
JE: I don't think we got into the level of detail on that.
JE: I thought 1...
DC: NO New Mexico legislator signed a letter?
JE: Didn't see a letter.
DC: Did you suggest to Pence he count the other states except the swing states?
JE: I don't think we got into the level of detail on that.
JE: Comports with what was signed over a holiday weekend...don't know how many others were sympathetic.
DC: In WI, were you aware of any comments by Maj Leader James Steineke?
JE: Not aware... Lots of pressure... Knew some didn't want to hear evidence, others did. #EastmanTrial
DC: In WI, were you aware of any comments by Maj Leader James Steineke?
JE: Not aware... Lots of pressure... Knew some didn't want to hear evidence, others did. #EastmanTrial
DC: Remember this email to Bruce Colbert?
JE: Yes. (looking grim)
DC: What did you mean by "dead on arrival"?
JE: Legislatures needed more time, electors were contingent until that time...
DC: So even if electors weren't certified were a basis for Pence to delay the count?
JE: Yes. (looking grim)
DC: What did you mean by "dead on arrival"?
JE: Legislatures needed more time, electors were contingent until that time...
DC: So even if electors weren't certified were a basis for Pence to delay the count?
DC: Does "dead on arrival" mean no legal significance?
JE: No, just won't be considered.
DC: What was the "Pelosi Scenario"?
JE: Under Federal statutory law, it would fall to Pelosi.
JE: No, just won't be considered.
DC: What was the "Pelosi Scenario"?
JE: Under Federal statutory law, it would fall to Pelosi.
Judge asks about MARTIAL LAW brought up by Bruce Colbert, former client of Eastman who reached out Sep/Oct with suggestions of things to be looked at. He brought up MARTIAL LAW and Eastman in the letter said no.
DC: 9/22/22 Eastman Reply to NDC. Last paragraph...
Judge: Lunch...
DC: 1-2 Questions. Re 2(a)(1): Retained by Trump & campaign, retained for...last word should be "process"?
JE: Yes
DC: Still agree with all of that?
JE: Yes.
🦞🍻 #EastmanTrial LUNCH BREAK UNTIL 5;:0PM EDT!
Judge: Lunch...
DC: 1-2 Questions. Re 2(a)(1): Retained by Trump & campaign, retained for...last word should be "process"?
JE: Yes
DC: Still agree with all of that?
JE: Yes.
🦞🍻 #EastmanTrial LUNCH BREAK UNTIL 5;:0PM EDT!
#LukeCrew 💪 has been following #EastmanTrial closely looking for SMOKING GUNS that could clear John Eastman’s name & save his law license in CA. But after Randall Miller’s cross-examination, these are the guns. 😿 Mark Ruffulo is Eastman. Chris Hemsworth's SMOKING GUN is OCTC.
Suspended lawyer Rachel Alexander helps John Eastman raise more money. 😿 But since REPUBLICAN judges (incl Trump appointees) are holding election deniers responsible, Rachel's had to change her schtick to, "Since the judiciary is predominantly dominated by the left and RINOs..."
Re Eastman & Martial Law: Rachel Alexander: "I think it helps Eastman since he was confirming the alternate electoral slates really should have legislative backing." Exhibit: january-6-clearinghouse-Dkt-350-5-Ex.-D-Eastman-email-re-insurrection-and-electors_0-december-19-2020.pdf
From Tom Ryan @tomryanlaw:
https://twitter.com/tomryanlaw/status/1719097111873208664
🥳 We're BACK with more cross-examination of John Eastman by Duncan Carling of the California Bar. It's the CA Bar's Disbarment Trial of John Eastman, Judge Yvette Roland presiding. Carling & Beckerman have great Zoom setups with blurring backgrounds & great focus. #EastmanTrial
Duncan Carling: Your opinion of the VP's authority under 12A changed after your emails with Bruce Colbert?
John Eastman: Yes, presumed Electoral Count Act was constitutional until reading Yoo's article in mid-Oct. Hadn't researched it in 2000.
#EastmanTrial
John Eastman: Yes, presumed Electoral Count Act was constitutional until reading Yoo's article in mid-Oct. Hadn't researched it in 2000.
#EastmanTrial
DC: Records or notes on your research into the historical record?
JE: No (10-12/2020)
DC brings back spreadsheet. Why didn't you create one for VP authority?
JE: Issue wasn't presented until much later when I came to the view VP had authority.
DC: So only 2 & 6 pg memos?
JE: Yes
JE: No (10-12/2020)
DC brings back spreadsheet. Why didn't you create one for VP authority?
JE: Issue wasn't presented until much later when I came to the view VP had authority.
DC: So only 2 & 6 pg memos?
JE: Yes
DC: State Bar asked you who helped, you didn't identify anyone. Didn't 2 students help?
JE: Yes, one former student, Alex Haberbush, don't recall the other.
DC: Were they being paid?
JE: No.
DC: Track time?
JE: No.
DC: What % of research was theirs?
JE: Most I did myself.
JE: Yes, one former student, Alex Haberbush, don't recall the other.
DC: Were they being paid?
JE: No.
DC: Track time?
JE: No.
DC: What % of research was theirs?
JE: Most I did myself.
DC brings up privilege log Eastman provided CA Bar.
DC: Did you withhold any research documents on VP authority on privilege grounds.
JE: Don't recall. My recollection is comparison in PA with sig verification.
#EastmanTrial
DC: Did you withhold any research documents on VP authority on privilege grounds.
JE: Don't recall. My recollection is comparison in PA with sig verification.
#EastmanTrial
DC: Here's Page 5. On this or Page 3, were there any documents on research related to the VP?
JE: No.
DC: When you're providing legal advice on a complex, consequential opinion, do you provide a writing?
JE: No.
DC: When you're providing legal advice on a complex, consequential opinion, do you provide a writing?
JE: Yes, but my 6 page memo wasn't.
DC: But the advice you were giving Trump & Pence was among the most consequential advice you could give, isn't it?
JE: I can think of a lot of things consequential... death penalty case...
DC: But the advice you were giving Trump & Pence was among the most consequential advice you could give, isn't it?
JE: I can think of a lot of things consequential... death penalty case...
DC: It's the only writing you provided as hired to address illegality.
JE: I didn't submit to Trump, just to Boris Epshteyn it was for internal discussion purposes.
DC: Have you ever given more consequential advice to a client as this?
JE: Pence was not my client.
#EastmanTrial
JE: I didn't submit to Trump, just to Boris Epshteyn it was for internal discussion purposes.
DC: Have you ever given more consequential advice to a client as this?
JE: Pence was not my client.
#EastmanTrial
DC: You're taking the position you weren't giving Pence advice?
JE: Not my client,
DC: But you've called it legal advice before this trial?
JE: "Loose" I was making a request of him.
DC: Were you being "loose" in your reply to CA Bar?
JE: Umm
DC: Shows JE's reply to CA Bar...
JE: Not my client,
DC: But you've called it legal advice before this trial?
JE: "Loose" I was making a request of him.
DC: Were you being "loose" in your reply to CA Bar?
JE: Umm
DC: Shows JE's reply to CA Bar...
DC: Whether advice or request, you told Pence it would be foolish to reject the votes, Why isn't that assessment reflected in your 6-pg memo?
JE: It doesn't take a position on any of the 9 scenarios.
DC: Memo didn't express reservations
JE: Internal doc. Told Pence "open issue"
JE: It doesn't take a position on any of the 9 scenarios.
DC: Memo didn't express reservations
JE: Internal doc. Told Pence "open issue"
DC: You never spoke to Trump about 2 or 6-page memos? Was he aware of memos? Substance?
JE: No knowledge, I do not know.
DC: You made a statement earlier this year in an interview you had no doubt Trump read some law review articles?
JE: Don't recall specifically.
#EastmanTrial
JE: No knowledge, I do not know.
DC: You made a statement earlier this year in an interview you had no doubt Trump read some law review articles?
JE: Don't recall specifically.
#EastmanTrial
Carling is playing parts of an interview John Eastman did with Tom Klingenstein. (It's a series of three interviews with Tom Klingenstein. Eastman for the first time gives an account of his work for the Trump White House...)
Eastman is a senior fellow of Claremont Institute and Tom Klingenstein is the Chairman.
DC: Played this about Trump reading law review articles, right?
JE: He seemed to be aware of the issue regarding the VP's role to dispute under 12A.
DC: Why this but not memos?
#EastmanTrial
DC: Played this about Trump reading law review articles, right?
JE: He seemed to be aware of the issue regarding the VP's role to dispute under 12A.
DC: Why this but not memos?
#EastmanTrial
Randall Miller tries to warn Eastman this could be attorney/client privilege. Judge is miffed. Miller raises his voice ("make a record")
Judge: You do not have a right to bring up frivolous and leading objections. Eastman does not need you leading him. Let's move on. 🔥
Judge: You do not have a right to bring up frivolous and leading objections. Eastman does not need you leading him. Let's move on. 🔥
Eastman was just "internally discussing" things with Boris Epshteyn.
DC: You got a call 1/2 to attend the 1/4 meeting. Who invited you?
JE: Don't recall.
DC: Didn't talk to Trump before?
JE: To the best of my recollection, no. There was a phone call on 1/5 Molly Michaels & I don't recall but some said I was.
DC: You got a call 1/2 to attend the 1/4 meeting. Who invited you?
JE: Don't recall.
DC: Didn't talk to Trump before?
JE: To the best of my recollection, no. There was a phone call on 1/5 Molly Michaels & I don't recall but some said I was.
DC: Did you bring any notes to the meeting about VP's authority?
JE: I did not.
DC: Didn't talk to Trump on 1/4?
JE: No. He was on a plane to GA for a rally.
DC: Did you talk Trump Campaign about 1/5 mtg with Greg Jacob?
JE: Giuliani & Epshteyn, don't recall if discussed topics.
JE: I did not.
DC: Didn't talk to Trump on 1/4?
JE: No. He was on a plane to GA for a rally.
DC: Did you talk Trump Campaign about 1/5 mtg with Greg Jacob?
JE: Giuliani & Epshteyn, don't recall if discussed topics.
DC: After Jacob mtg on 1/5, any further research on what you proposed between 1/5-1/7?
JE: Don't think so
DC: Did you consult with anyone?
JE: Don't recall
DC: After Jacob, did you modify your opinions at all?
JE: No they did not.
JE: Don't think so
DC: Did you consult with anyone?
JE: Don't recall
DC: After Jacob, did you modify your opinions at all?
JE: No they did not.
DC: Any other communications about Jacobs meeting?
JE: Other than email with Ken Chesebro, don't recall if I did.
DC: Email produced?
JE: Maybe on privilege log.
Brings up Trump tweet.
JE: Other than email with Ken Chesebro, don't recall if I did.
DC: Email produced?
JE: Maybe on privilege log.
Brings up Trump tweet.
DC: Is the Trump tweet reflective of your advice?
JE: Yes, consistent, don't know if it was based on my advice.
DC: Who else giving advice?
JE: I don't know... memo Greg Jacob called fraudulent (the "Pence Card" memo by Ivan Raiklin) #EastmanTrial reuters.com/investigates/s…
JE: Yes, consistent, don't know if it was based on my advice.
DC: Who else giving advice?
JE: I don't know... memo Greg Jacob called fraudulent (the "Pence Card" memo by Ivan Raiklin) #EastmanTrial reuters.com/investigates/s…
DC: Aware of anybody else addressing the issue with Trump? A memo by Jenna Ellis?
JE: It became public so it was waived. Trump was getting advice from lots of people.
#EastmanTrial
JE: It became public so it was waived. Trump was getting advice from lots of people.
#EastmanTrial
New Topic. The "79 Days Report"
DC: What is this?
JE: Exercise by a former military officer & we went thru a hypothetical series of steps, I participated in the exercise. This is the report from that.
#EastmanTrial
DC: What is this?
JE: Exercise by a former military officer & we went thru a hypothetical series of steps, I participated in the exercise. This is the report from that.
#EastmanTrial
Exercise was in Oct. Report by Chuck DeVore -- 79 days refers to from Election Day. Link to report:
#EastmanTrial claremont.org/79daysreport.p…
#EastmanTrial claremont.org/79daysreport.p…
[DC is asking about what everybody knew: Democrats would use mail-in ballots more. So while Trump would lead Election Night, those margins would be reduced when the mail-in ballots were counted. Every news source covered this extensively. "Red mirage" was one name for it.]
JE plays coy. He says he didn't write this report but maybe something from exercise was included.
DC: This doc notes possibility of unrest & violence several times, right?
JE: Yes.
DC: Violence from ANTIFA?
JE: Demonstrations if Trump won... don't recall ambiguities on election.
DC: This doc notes possibility of unrest & violence several times, right?
JE: Yes.
DC: Violence from ANTIFA?
JE: Demonstrations if Trump won... don't recall ambiguities on election.
DC: Moves to Eric Hirschmann (reasonable WH counsel) 1/6 depo. Eric said to JE "Are you out of your F*ing mind". Eastman disputes the convo.
JE: My view is that he's wrong about being certain we talked before 1/3... I wasn't in DC, I didn't discuss this topic...
#EastmanTrial
JE: My view is that he's wrong about being certain we talked before 1/3... I wasn't in DC, I didn't discuss this topic...
#EastmanTrial
JE: Only time I remember meeting Hirschmann was before Oval Office meeting & shared niceties for 20 mins.
DC: On the phone?
JE: Many calls but don't recall about this.
DC: Subject of VP on 1/6 came up?
JE: Not to my recollection. I recall talking with him 1/7 or 1/8 when GA was dismissed, we can appeal & I was advised there was something wonky with the GA runoff & should bring a challenge. Hirshmann said possible violence, I said we can't submit to mob rule.
#EastmanTrial
DC: On the phone?
JE: Many calls but don't recall about this.
DC: Subject of VP on 1/6 came up?
JE: Not to my recollection. I recall talking with him 1/7 or 1/8 when GA was dismissed, we can appeal & I was advised there was something wonky with the GA runoff & should bring a challenge. Hirshmann said possible violence, I said we can't submit to mob rule.
#EastmanTrial
John Eastman has no recollection of Eric Hirshmann telling him he's going to need a lawyer. He doesn't recall meeting Eric on 1/5 which Eric testified to.
DC: You believe the country was more divided than in the last 100 years?
JE: It's still my belief today.
DC: Did you believe your statements on 1/6 would deepen division?
JE: Wasn't thinking about that. It was about certifying someone who didn't win the election. #EastmanTrial
JE: It's still my belief today.
DC: Did you believe your statements on 1/6 would deepen division?
JE: Wasn't thinking about that. It was about certifying someone who didn't win the election. #EastmanTrial
JE: Courts didn't address merits in large number of cases, irresponsible.
DC: Weren't you recommending Pence overrule the courts?
JE: Advocated that if courts weren't addressing it, legislatures should thru 12A plenary authority. #EastmanTrial
DC: Weren't you recommending Pence overrule the courts?
JE: Advocated that if courts weren't addressing it, legislatures should thru 12A plenary authority. #EastmanTrial
DC: Weren't your statements on 1/6 encouraging people to not believe the results?
JC: I was encouraging people to get to the bottom of it -- the truth
DC: You weren't trying to cast doubt on the legality of the election?
JC: I was trying to get to the bottom of illegality.
JC: I was encouraging people to get to the bottom of it -- the truth
DC: You weren't trying to cast doubt on the legality of the election?
JC: I was trying to get to the bottom of illegality.
Wow, this was big big testimony. Doing my best to keep up and be accurate because this is the crux of the #EastmanTrial.
Cliffhanger! ⚡️ BREAK UNTIL 7:10PM EDT!
Cliffhanger! ⚡️ BREAK UNTIL 7:10PM EDT!
#LukeCrew is fu*king awesome, thanks everybody for the notes, thoughts & coffee gifts! 💪 To be sure not to go over the 100 tweet limit for ThreadReader App, and since this is penultimate, I'm going to start Thread #3 for this CA Bar cross examination of John Charles Eastman. #EastmanTrial
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