One Step Closer

This Week in Democracy

• A judge?issued a preliminary finding of culpability?against?John Eastman?at his disciplinary trial in California Bar Court. The parties’ closing briefs are due later this month, and a final ruling is expected in late February. The State Bar says?Eastman should lose his law license?for helping former?President Trump?try to overthrow the 2020 election. ???READ:?States United’s backgrounder on the trial ?

• Judge?Tanya Chutkan?reimposed an order?prohibiting Trump from intimidating?court staff, prosecutors, or potential witnesses.?An appeals court later?put the order on hold?and scheduled arguments for Nov. 20. The judge in a separate civil case?expanded a similar order?to cover Trump’s lawyers and said his chambers had been “inundated” with threats and harassment. ???READ:?The federal charges, explained ?

• Former Vice President?Mike Pence?and Election Denier?Larry Elder dropped?out?of the race for the Republican nomination for president. Elder endorsed Trump, one of the?two remaining Election Deniers?in the race. ???READ:?Replacing the Refs ?

• Trials began in?Colorado?and?Minnesota?in cases brought by voters seeking to keep Trump off the ballot in 2024. Those voters argue he is disqualified because a section of the?14th Amendment?prohibits anyone who engaged in “insurrection or rebellion” from holding office again. Courts in various states are expected to decide the question.

One Step Closer

John Eastman abused his law license when he helped Donald Trump try to overturn the 2020 election. The California State Bar is pushing for Eastman to face professional accountability.

This week marked a milestone in that effort. After more than 30 days of trial with testimony and evidence from more than 20 witnesses and experts, the judge hearing Eastman’s disciplinary case made a preliminary finding of culpability. A final decision is several months away.

The State Bar called witnesses with deep expertise in election administration and constitutional law, who explained that the election was fair and accurate, and that Eastman’s scheme to throw out the votes of millions of Americans lacked valid factual and legal bases.

By contrast, many of Eastman’s witnesses lacked a basic understanding of how elections are administered, and the so-called analyses they used to cast doubt on the 2020 results fell apart under minimal scrutiny. Eastman himself has dug deeper into election denial.

As recently as Thursday, he claimed the trial had?strengthened his belief the election was tainted.?As States United’s?Christine P. Sun?said this week, Eastman not only violated his oath as a lawyer, he did it with devastating consequences for our democracy. He must be held accountable, and he should no longer be allowed to practice law.

State of the States

In Arizona,?two Cochise County officials who refused to certify the valid results of the 2022 general election are under investigation by the state attorney general,?Votebeat reported. One of them?described the refusal to certify?as a protest over the election in an entirely different county, although there was no evidence of misconduct in that county, either. A judge ultimately?ordered Cochise County to certify its results. Election Deniers in scattered counties across the country have?attempted to refuse to certify, even though they are required by law to do so.

In Wisconsin,?a top Republican lawmaker?advanced impeachment articles against Meagan Wolfe, the state’s top bipartisan election official. Assembly Speaker Robin Vos is under pressure from an activist group that wants Wolfe fired. Wolfe has repeatedly?pushed back against lies?about the state’s free and fair elections. Like other election officials across the country, she has also been the?target of conspiracy theories.?Republicans in the state Senate voted to fire Wolfe in September. A judge?later said?that vote had no legal effect.

In the News

• CNN:?Judge preliminarily finds ex-Trump attorney John Eastman culpable in California bar disciplinary case “As we reach the end of an ethics trial that spanned from June into November, it’s never been more clear that John Eastman had no legal or factual basis for his plan to help Donald Trump steal the 2020 presidential election. Today’s preliminary finding of culpability marks a major milestone in the State Bar’s pursuit of accountability,”?Christine P. Sun,?[States United’s] senior vice president of legal, said in a statement. ?

• The New York Times (Opinion):?Jenna Ellis Could Become a Star Witness Against Trump by?Norman Eisen,?States United co-founder and executive chair, and Amy Lee Copeland ?

• ABC News:?Trump attempting to delay trials ‘at any cost,’ special counsel tells judge ?

• The Washington Post:?An election chief says the ‘big lie’ ended her career. She’s fighting back. ?

• The Arizona Republic:?Indicted Michigan lawyer pushed false claims of fraud for Arizona ‘audit’ report, texts reveal ?

• City & State PA:?A Q&A with PA Secretary of State Al Schmidt ?

• The New York Times:?Man Indicted Over Threats to D.A. and Sheriff in Trump’s Georgia Case ?

• Fox 5 Atlanta:?Sidney Powell’s restitution check ‘vindication’ for Georgia, says election official ?

• Michigan Advance:?Michigan House advances protections for poll workers, restrictions on AI in political ads

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