Thread by @Orly_licious

⚖️ Welcome #LukeCrew & friends! ⏰ 11/2 at NOON EDT is Day 32: 🧵 Last scheduled day of testimony in #EastmanTrial, CA Bar's Disbarment Trial of John Eastman. Duncan Carling's Cross-Ex continues. "There is a Sucker Born Ev'ry Minute". Watch live:
app.zoom.us/wc/97985435232…

Fri 11/3 is scheduled for #EastmanTrial CLOSING ARGUMENTS. After months of trial (due to scheduling and delays), looks like this is it! For election deniers, Jim Dale said it best: "There is a Sucker Born Ev'ry Minute" (From the Broadway Musical "Barnum"):

Catch up on all the livetweeting of #EastmanTrial here: threadreaderapp.com/user/Orly_lici…

#EastmanTrial livetweets 🧵
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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#EastmanTrial livetweets 🧵
9/26 John Yoo
9/27 John Yoo & Joseph Fried
9/28 John Droz
9/29 Kurt Olsen & Ray Blehar
10/3 "Blockin'" Ray Blehar threadreaderapp.com/thread/1706716…
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#EastmanTrial livetweets 🧵
10/4 Ray Blehar & Stan Young
10/6 Kurt Olsen & John Eastman
10/17 More Kurt Olsen & John Eastman
10/18 John Eastman threadreaderapp.com/thread/1709604…
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https://twitter.com/Orly_licious/status/1714300908673155412

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#EastmanTrial livetweets 🧵
10/19 Stan Young & John Eastman
10/20 Character Witnesses & John Eastman
10/23 John Eastman - Jan 5 & 6 2021
10/24 John Eastman

https://twitter.com/Orly_licious/status/1715011579928781105

https://twitter.com/Orly_licious/status/1715387566394859923

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Livetweets 🧵
10/30: Three parts of intense #EastmanTrial testimony with John Eastman
Part I:
Part II:
Part III: threadreaderapp.com/thread/1719009…
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11/2 is my 19th day of play-by-play coverage of #EastmanTrial. It means the world to have your support with Buy Me A Coffee. Thank you #LukeCrew! 💙

Steve just supported Luke Johnson on @buymeacoffee! 🎉 You can support Luke by buying a coffee☕ here — buymeacoffee.com/lukejohnson2/c…

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

Here we go! Judge Roland left the bench; when she returns we'll have Mouseketeer Role Call then housekeeping on today and tomorrow's schedules. Previously, judge said if they didn't get testimony done, if they only had 10 mins for Closings that's what they'd get. #EastmanTrial

#EastmanTrial: SBC-23-O-30029 Judge received a notice of Respondent's withdrawal of documents/exhibits. Randy Miller also lists Exhibits that they did NOT withdraw. Judge will review those & says Miller mischaracterized some rulings. Document with list:
discipline.calbar.ca.gov/portal/Documen…

Prof. Grimmer is unavailable from 2:50pm-4:30pm EDT today & tomorrow. But Carling plans Eastman & so does Miller. Carling on order of witnesses: today's plan is JE & Grimmer, 4 election officials tomorrow (including @stephen_richer). #EastmanTrial

Eastman is resworn & CA Bar's Duncan Carling resumes cross-ex. He asks about 10/24 testimony re GA "night counting".
DC: You've alleged GA ballots were counted multi times (Garland Favorito's "forensic audit") but also count not seen. He plays another part of JE interview.

Interview played 13:56-14:49.
DC: Were you saying there was GA fraud?
JE: Describing what was on the video.
DC: You thought it was never investigation?
JE: That's my understanding.
DC: Remember discussing the NDC how State Bar charged you with inciting a riot?
JE: Don't recall.

DC: Remember likening it to shouting fire in a crowded theatre?
JE: Sort of remember that.
DC plays more.
JE: "Inciting" is a term of art, has to be imminent & I didn't. Trump asked me to do it, not as a lawyer.
TK: Isn't that a stretch?

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...)

DC: What was the risk that was justified by you making that statement?
JE: If the wrong candidate was chosen... once you only counted legal vote, who was the choice of the governed?
DC: But if you shout fire, people can be trampled, but you said if it was true people need to be warned.
JE: Could put the wrong person in office... consent of the governed. I did not encourage any illegal activity so it was constitutionally protected speech.

6:26:
TK: Did legislatures have enough time in 7-10 days? What would you expect?
JE: Couldn't definitively, but how much fraud did it open the door for? An educated guess on illegality & burden of proof shifts back.
DC: You said "No question" it could be definitive.
JE: True.

DC: Who did burden shift back to?
JE: Back to the party who had certified. Sample of illegality: After separating ballot & envelope, need to extrapolate. After confirming how many ballots were illegal in totality, requires a redo of the election.
DC: What was your expectation?

JE: We could act accordingly, certify thru best guess who had won the election but for illegality. Then US House & Senate to be present only. VP makes the decision.
DC: So while it was VP delaying or deciding, it was VP's choice.
JE: Congress was expressly denied from deciding.

DC: Do you agree Congress sets the date for the electoral count?
JE: Yes.
DC: Agree Electoral Count Act decide recesses & timing provisions?
JE: Yes, that's why its unconstitutional, impedes VP.

DC: Agree Congress in 1/21 agreed to be bound by Electoral Count Act?
JE: Yes
DC: Congress has always done that, right?
JE: Didn't look at all since 1887, but adopt rules for each session so Congress doesn't think ECA covered them.
#EastmanTrial

DC: Aware of any historical documents at framing for the VP to adjourn?
JE: Not for the VP's authority. Just not to give Congress a role.
DC: Any historical examples where the presiding officer adjourned session?
JE: Yes 1857, presiding officer adjourned over objections. Maybe 1817 over Indiana. 1877 Congress agreed to appoint a commission.

DC: In 1857 Sen Mason adjourned session over objections of House & Senate?
JE: He determined it was out of order. Don't recall specific objections to adjournments. Don't recall the timing.
Judge: What was the period?
JE: Full adjournment, 2 days of debate if he had authority.
#EastmanTrial

DC: Discussed on 10/30 from the Tom interview... that Trump read articles.
JE: Agree he read law review articles.
DC: How did you know?
JE: I didn't. But he seemed familiar.
DC plays interview again at 13:30 mark.
JE: Trump had scholarly articles that VP could reject...

DC: Agree you were fairly certain he read those?
JE: Yes
DC: What law review articles?
JE: John Yoo, Ackerman, Foley articles... indicated he was aware of those.
DC: Did you discuss?
JE: Would be attorney client.
DC: You said you didn't discuss 6 page memo but what about these?

DC: Under CA rules, you had a duty to explain issue to your client to reasonably be able to make an informed decision?
JE: Yes.
DC: Wouldn't explaining the 6 page memo be necessary?
JE: Memo was just options being discussed publicly.
Judge: You're skirting the question. Did you feel you had an ethical obligation to discuss those options from your memo?
JE: You've changed the question a little bit. Not on the memo because options. Also on grievances not only from my client but also millions of Americans.
#EastmanTrial

#EastmanTrial
DC: Did you give Trump candid advice? With advice regarding delay, did you explain how that would play out?
JE: Not sure.
DC: Explained legal risks?
JE: Not sure, discussed with Greg Jacob on 1/5.
Judge: Did you feel you didn't have an obligation not to discuss 6 page memo with your client?
JE: It was just for internal discussion. Discussed points in the memo, illegality in election, that House & Senate were merely to be present, VP's authority... but not directly in the memo.
DC: Risks presented were in the Oval Office meeting?
JE: Yes
DC: Did you lay out risks in other conversations?
JE: Spoke with him 1/1, we may have talked about it but had a fairly broad teleconference with legislators, don't remember.
Judge: You said you were retained by Trump & campaign...
JE: In early Dec to intervene in TX v Pa. But first Cleta Mitchell invited me in early Sep.
Judge: When was retention?
JE: Cleta through group put together by Trump was retention in Sep. Then when making a formal appearance, then something put in writing before TX v PA. For Trump & Campaign. My direct communications with Trump were in late Nov.
Judge: Who from Sep-Nov did you communicate with if not Trump?
JE: Cleta, lawyers in PA litigation, statistical experts, all in furtherance of being asked in Sep to look into these matters.

JE: There was discussion about Electoral Count Act and delay... then if ECA was unconstitutional... Congress didn't think there was anything in 12A to prevent a delay...
DC: Did you discuss with Trump no historical precedent VP ever adjourned?
JE: Attorney client...

Judge: Are you saying except 1/4, you only discussed with Trump?
JE: Or could have involved Matthew Morgan, Justin Clark, Giuliani, Epshteyn... only lawyers.
DC: Different topics. Clarify on 10/30 PA removing people from voter rolls. You testified not many people asked & state has to wait 2 federal election cycles to remove. Is that it?

DC: Any other reasons?
JC: Not sure, maybe deaths. But for change of address, state has to wait...
DC: Wait on deaths? Do you know how many people died in PA?
JC: Don't know about wait or how many.

#EastmanTrial: DC shows a RETRACTION regarding Dominion from American Thinker. Originally this was in a stipulation, but Eastman withdrew (he says because he doesn't remember if he saw it at the time).
DC: Did AT retracting claims change your opinion?
JE: No, Dominion brought billion dollar lawsuits. Also about Dominion "conspiring" to steal elections and didn't see evidence. But I did see malevolent acts that could have changed votes.

JE: I had info from Curling that Dominion was vulnerable... expert reports like Alex Halderman saying significant vulnerability...
DC: You read other American Thinker articles 11/20-1/21?
JE: Yes, when called my attention, good work on election illegality. Found articles good.

DC: So there were articles by Joe Fried & Mr. Valentine (see Fried's transcript, he was so unqualified & irrelevant he was not allowed to return to testify again)...you didn't look at them?
JC: Didn't read everything, very busy time.
#EastmanTrial

DC plays Tom video interview, Part 3, 21:59 for 2 mins:
JE: Existential threat: Democrats believe we have to be eradicated. That's the stakes. Trump seems to understand & why he gets support from flyover country. Stolen election thwarts the will of the people.
#EastmanTrial

DC wants to ask 4 questions of aggravation evidence which normally wouldn't be asked until there's a tentative ruling of culpability. Judge asks Miller's opinion, he insists it should wait until that phase. Judge asks Carling to hold those questions. #EastmanTrial

#EastmanTrial
DC: These JE Qs go to credibility as well.
Judge: This also goes to remorse with respect to attorney's conduct.
DC: JE has given testimony related to WI 2022 with theories from 2021.
RM: Objected on relevance ground, Carling went off in different directions.

#EastmanTrial
Judge: We're not going to aggravation, but other questions.
DC: Would you agree general topic with Tom was about your conduct between 11/20-1/21?
JE: Yes.
DC: Would you agree also related to State Bar?
JE: Don't recall but you played some.

#EastmanTrial
DC: "Existential thread to survival of the nation" was what?
JE: 1. Consent of the governed & how we select our leaders. Fundamental is government reports to the people. If run by people not elected, with abject failure, may never change.

Existential threat 2: Violence in Summer 2020 that continues in ways that threatened government, assassination attempts of SCOTUS justices, threats by members of Congress against SCOTUS justices...
Judge: Jan 6 insurrection?
JE: I don't call it an insurrection but yes, violence..

#EastmanTrial
DC: Re Jenna Ellis, do you know if her false statements were to GA subcommittee?
JE: In Bar complaint was press conference.
DC: So you don't know if the false statements are the same that you made?
JE: My statements were prefaced by caveats that make them all true.

Randall Miller objects to relevance since NDC doesn't include Jenna Ellis or GA testimony.
DC: Eastman testified on statements made to GA Legislature.
Court overrules, testimony brought up.
DC: Have you made any effort to learn what Ellis lied about?
JE: Haven't looked into it.

JE: Lots of reasons for entering a plea -- long jail sentence, millions of dollars in fees...
Judge: Any conversation with Ellis on plea?
JE: No
Judge: Any knowledge of why she pleaded?
JE: No.
#EastmanTrial BREAK UNTIL 11:30AM EDT! 🥳

Duncan Carling goes fast & clearly studied and prepared for these complex issues. Was my coverage clear? Tried to make sure it's understandable for #LukeCrew & everyone, and that it's a neutral play-by-play of the cross examination. I'm always grateful for your feedback & ideas!

⚖️ To make sure ThreadReaderApp doesn't cut off, will restart with PART II after this break. #EastmanTrial

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