During a hearing on Tuesday, a state bar attorney accused former Chapman University law school dean John Eastman of using “baseless legal theories” to obstruct the certification of President Joe Biden’s election. The attorney argued that Eastman’s actions were aimed at preventing Biden from taking office and highlighted that his theory that Vice President Mike Pence could reject certain votes or delay the electoral count was without merit.
The state bar prosecutor further accused Eastman of engaging in a series of desperate attempts to overturn the election, including spreading false claims about election fraud, pressuring state legislatures to authorize alternate slates of electors, and ignoring the rejection of these claims by investigatory bodies and courts.
Additionally, the attorney mentioned an email exchange between Eastman and Pence’s attorney, Greg Jacob, in which Eastman privately admitted that his theory had no chance of persuading a court. Despite this knowledge, Eastman continued to push his illegal scheme, even after the violence at the Capitol and the refusal of bipartisan majorities in Congress to accept the alternate slates of electors.
Eastman’s lawyer, Randall Miller, argued that the case raised unique issues pertaining to the tenability of Eastman’s legal theories, his protection under free speech rights, and his right to petition for redress. Miller emphasized that Eastman’s intention was not to steal the election but to delay the certification in order to allow further investigation of alleged fraud. He mentioned Pence’s concerns about voting irregularities as a justification for this approach.
Miller also cited Jacob’s acknowledgement that there was uncertainty surrounding Pence’s authority to halt or delay the certification, with scholars disagreeing on the matter. He characterized the conversation between Eastman and Jacob as a legitimate discussion about constitutional scope and emphasized that “all roads lead through Vice President Pence.”
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