Lawyer John Eastman, the architect of a legal strategy aimed at keeping former US president Donald Trump in power, concocted a baseless theory and made false claims of fraud in an attempt to overturn the 2020 election, a prosecutor said Tuesday in arguing that Eastman be disbarred.
Eastman’s lawyer said his client never intended to steal the election, but was considering ways to delay electoral-vote counting so states could investigate allegations of voting improprieties.
Mr Trump’s claims of fraud were roundly rejected by courts, including by judges the Republican appointed.
Eastman faces 11 disciplinary charges in the State Bar Court of California stemming from his development of a dubious legal strategy aimed at having vice president Mike Pence interfere with the certification of President Joe Biden’s victory.
If the court finds Eastman culpable of the alleged violations it can recommend a punishment such as suspending or revoking his law licence. The California supreme court makes the final decision.
Duncan Carling of the office of chief trial counsel, which is seeking Eastman’s disbarment, said Eastman’s legal theory was “unsupported by historical precedent and law and contrary to our values as a nation”.
Eastman continued his efforts to undermine the election even after state and federal officials publicly rejected Trump allies’ claims of fraud, Mr Carling said.
“All of his misconduct was done with one singular purpose, to obstruct the electoral count on January 6 and stop vice president Pence from certifying Joe Biden as the winner of the election,” Mr Carling said.
“He was fully aware in real time that his plan was damaging the nation,” he added.
Eastman’s lawyer, Randall A. Miller, told the judge that Eastman “was not there to steal the election or invent ways to make president Trump the winner”.
Miller said Eastman was merely engaging in what he said was a serious debate at the time about what authority the vice president had concerning the certification of the election.
“The facts will show that the purpose of D. Eastman’s eventual assessment here was to delay, to delay the counting of the electoral votes so that there could be reasonable investigation undertaken by those states,” he said.
The proceedings are expected to last at least eight days.
The California State Bar is a regulatory agency and the only court system in the US that is dedicated to lawyer discipline.
Eastman is expected to testify later on Tuesday.
Eastman’s disciplinary hearing comes as special counsel Jack Smith continues his investigation into efforts by Mr Trump and his Republican allies to overturn the results of the 2020 election.
