John Eastman, a lawyer who has been accused of participating in a scheme to overthrow the 2020 election, is now facing criminal prosecution in Georgia and a potential revocation of his law license in California. A recent report submitted by legal expert Matthew A. Seligman highlights the lack of credibility in Eastman’s argument that he provided good faith advice to former President Donald Trump. This report has significant implications for Eastman’s professional standing and his defense in Georgia, as well as for his co-defendant Kenneth Chesebro.
Seligman thoroughly reviewed the relevant constitutional amendments, laws, and historical practices to determine the validity of Eastman’s legal positions. He emphatically concluded that no responsible lawyer would adopt Eastman’s arguments regarding the authority of the vice president to resolve election disputes or delay the electoral count for state legislatures. Seligman’s report aligns with the findings of U.S. District Court Judge David O. Carter, who suggested that Eastman and Trump engaged in criminal activity.
The implications of Seligman’s report extend beyond Eastman’s law license. If Eastman and his colleagues engaged in a bad-faith scheme to overthrow the election, they would lack a viable defense under federal law. Additionally, their conversations would not be protected under the First Amendment, and they could potentially face criminal charges. Stripping away the plausibility of their scheme to undermine democracy holds significant importance.
Seligman’s conclusions also undermine Trump’s potential defenses. His claim of absolute immunity and defense under the Supremacy Clause would not hold if the scheme was legally baseless. Attempts to move the case to federal court would also be rendered futile. Furthermore, if Eastman’s scheme was clearly absurd, Trump’s defense of “advice of counsel” would be invalid.
These defenses will soon be tested in Georgia during Chesebro’s trial. The outcome of this case could determine the fate of Eastman, Chesebro, and Trump. If Seligman’s analysis is correct, their defenses could crumble, potentially leading to severe consequences.
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