From Dr. John Eastman <[email protected]>
Subject Round two
Date September 24, 2024 3:05 PM
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Round two I am pleased to report that “Round Two” in defeating the lawfare
assault against me before the California State Bar is now underway.





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Dear Patriot,


I am pleased to report that “Round Two” in defeating the lawfare assault
against me before the California State Bar is now underway.

We have filed our opening brief challenging the outrageous recommendation that
I be disbarred from the practice of law following what I believe to be the
longest and most expensive Bar hearing process in California history.

Click here to support the John Eastman Legal Defense Fund.
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I consider our opening brief to be a tour de force. We didn’t mince words
about the unfairness of the Bar’s prosecution of me and the incredible bias
shown by the judge handling the matter:

“In sum, this prosecution should never have taken place. It is, rather, a
manifestation of George Orwell’s dystopic depiction of authoritarianism –
statements by the Government, no matter how demonstrably false or suspect, must
be accepted as true.”

I’ll explain more about the incredible job my legal team has done with this
appeal, but I do have to pause to explain the tremendous toll it has taken on
my finances. The Bar trial encompassed 34 days of courtroom proceedings over 11
weeks. Months and months of legal work by me and my team went into preparing
for the proceedings, and substantial additional work has been done to appeal
the ridiculous ruling against me.

I’ve spent about $1.5 million on this and other cases I’m facing because of
lawfare radicals, and my legal defense fund is exhausted. I’m looking at
needing more than that to defend myself going forward.

I can’t carry this on my own, so I ask you to please make an immediate
financial gift to my legal defense fund so I have the resources needed to fight
the radicals.



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The burden in such a Bar Court process seeking review of a judge’s
recommendations is on the party seeking review – me in this case. I am
confident that we have met our burden…in spades!

Our entire presentation is powerful and persuasive, but in particular the
arguments that the Bar Court's recommendation of disbarment violated both Due
Process and my First Amendment rights to Freedom of Speech and the Right to
Petition the Government for Redress of Grievances.

These are at the core of our Constitutional protections and are foundational
to the duty a lawyer owes to zealously represent his or her client. That is
exactly what I did and there is absolutely no ethical or professional rule that
I violated in doing so.


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Regarding free speech, my legal team made many compelling points including:

“[R]estrictions on the free speech rights of attorneys have been upheld only
in circumstances far removed from the speech of Dr. Eastman at issue
here…Statements of opinion are fully protected. Statements that are merely
“rhetorical hyperbole” are likewise fully protected. Even statements that are
false – and as noted, Dr. Eastman vigorously disputes that any were, at least
not in any material way – are protected by the First Amendment…”

Our opening brief encompassed 85 pages of information supported by substantial
citations to case law and example after example pulled from the record. Our due
process arguments were voluminous and generally fell into two categories:

“The proceedings below, as well as certain Bar Court rules as applied in the
circumstances of this case, violated fundamental precepts of due process,
including the necessity of an impartial arbiter and the ability to call
witnesses in defense of the charges that were leveled.”

This filing is the first opportunity I have had in a legal setting to state
with clarity the stark reality that the judge – referred to in the briefing as
“Hearing Department” – was extensively and irretrievable biased against me and
showed obvious signs of partisan political motivation:


*
The judge is a partisan Democrat who made donations to Democrats including
donations made while adjudicating my case! One of her donations even made its
way to a federal SuperPAC whose purpose is to “save the great American
experiment in democracy” from “extremist Republicans” and especially my client,
Donald J. Trump.

*
“The [judge] in this case is a political partisan, and this was abundantly
clear in the course of the proceedings. The consistent favoritism paid to
Democrats and disapprobation paid to Republicans resulted in vastly disparate
treatment of witnesses from either party.”

*
The particular judge who presided over the proceedings below has continued to
be a donor to partisan candidates and causes even after taking the bench; and
the record of the proceedings includes numerous examples of manifest hostility
of the sort that has led other courts to find Due Process violations.”

*
A judge violates the fundamental principles of due process when she “abandons
her role as a neutral fact finder.” A judge who becomes a “partisan adjudicator
seeking to intimidate” rather than a “neutral fact-finder interested in hearing
the evidence” crosses the line into impermissible conduct.”


One of the greatest errors made by the judge deal with her rulings on evidence:

“The record is replete with arbitrary and selective admission and exclusion of
evidence, consistently, if not without exception, favoring [prosecutors] and
severely prejudicing Dr. Eastman’s defense.”

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Said my legal team in the opening brief:

“The conduct of the [judge] in this case greatly exceeded these thresholds and
eviscerated Dr. Eastman’s ability to mount an adequate defense. The application
of blatant double standards to evidence, the unjustified exclusion of nearly
all of Dr. Eastman’s expert witnesses, the significant and insupportable
curtailment of the testimony of the one expert who remained, the harassing of
Dr. Eastman’s witnesses, the [judge’s] reliance on extrajudicial sources of
evidence, and its blatant partisan bias were all too transparent examples of
the Hearing Department’s overriding prejudice.”

As I said, the brief devotes page after page citing examples of the bias and
legal errors made by the judge and specifically rebuts each and every Count in
the case against me.

I could not be prouder of my legal team for their thorough, powerful and
compelling opening presentation of the facts and the law in this “Round Two”
with the California State Bar where I will fight tooth and nail to overturn the
outrageous disbarment recommendation made by an extraordinarily biased,
partisan judge.

There remains much more work to do in this appeal, which is just one of
several cases I have been forced to deal with thanks to the partisan lawfare
assault being waged against me in three states and at the federal level.

We just won a huge victory in Georgia, getting two counts dismissed against
me, and against President Trump as well. We’ve just filed what could be
dispositive motions in the Arizona case. And we are closely monitoring
developments at the federal level with Jack Smith.

All of this work, as excellent as it has been, is extremely expensive. I’ve
already expended some $1.5 million and am facing even more than that going
forward. My legal defense fund has been depleted – and then some. I need the
help of patriotic Americans like you to prevail.


Your gift of $25
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,$50
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,$100
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,$250
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,$500
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, or$1,000
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or more will help replenish my defense fund and allow my legal defense team to
continue to aggressively push back against the lawfare left, partisan
prosecutors and (in the case of the California Bar trial) biased judges.





Thank you for whatever you can do
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to help.


Sincerely,



John Eastman

Constitutional Scholar

Attorney for President Donald Trump








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