The state Bar disbarment proceedings against former Chapman University law school dean John Eastman are facing a potential halt as his attorney, Randall Miller, argues that the proceedings should be put on hold due to Eastman’s criminal charges of election interference in Georgia. Miller contends that Eastman cannot receive a fair hearing in light of his indictment, along with former President Donald Trump, in a racketeering case related to the alleged scheme to overturn President Joe Biden’s election in 2020.
Miller submitted a request for a stay on the proceedings following Trump’s federal indictment by special counsel Jack Smith, which implicated “Co-Conspirator 2” in efforts to overturn the election results. Although Eastman was not directly named in the indictment, it was evident from a quote of a speech he delivered before the January 6 riots that he was implicated as an unindicted co-conspirator. The Georgia indictment followed the federal case.
Miller argued that “abatement is the proper and only remedy.” Given the existence of the ongoing Georgia proceeding, it would be impractical to proceed with questioning during the state Bar hearings, as Eastman would be unable to answer any questions.
On the other hand, State Bar attorney Duncan Carling asserted that Eastman should have anticipated the possibility of criminal charges, especially in light of U.S. District Judge David O. Carter’s order for Eastman to release emails to the Jan. 6 congressional committee under the “crime fraud exception.” Additionally, Carling pointed out that the congressional committee had referred Eastman for criminal charges. According to Carling, it is inconceivable to believe that Eastman was unaware of the ongoing investigations and the potential for indictments.
Carling also highlighted that the Georgia case might take years to go to trial, resulting in an indefinite hold on the state Bar proceedings due to expected appeals if there are convictions. The potential for a significant delay prompted Carling to question the credibility of Eastman’s claim that he did not anticipate indictment.
The hearing’s judicial officer, Yvette D. Roland, acknowledged that the indictment marked a significant shift in the case. However, Roland noted that much of the allegations had already been discussed and testified about during the state Bar proceedings. She also pointed out that Eastman had never invoked his Fifth Amendment rights during the relevant activities mentioned in both the federal and state indictments.
Nevertheless, Roland agreed to examine some of the issues at hand before making a decision on delaying the proceedings. If the motion to delay is unsuccessful, Miller stated that he would seek an appeal. Additionally, he expressed concerns about securing witnesses who planned to testify for Eastman, as some are now hesitant to participate due to fears of potential consequences or incrimination.
The current uncertainties surrounding the proceedings have created a sense of fear and apprehension among the individuals involved. Miller emphasized that this situation impairs Eastman’s right to a fair trial and that everyone involved is currently gripped by terror.
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