Bar says it’s investigating Eastman over election

Former Chapman University dean and prominent attorney John Eastman is being investigated by the California State Bar for possible legal and ethics violations stemming from assertions he made about the November 2020 election.

State Bar Chief Trial Counsel George Cardona announced on Tuesday that Eastman has been at the center of an investigation since September.

“A number of individuals and entities have brought to the State Bar’s attention press reports, court filings, and other public documents detailing Mr. Eastman’s conduct,” Cardona said in a statement.

Eastman referred requests for comment to his attorney, Randall Miller at Miller Law Associates APC in Los Angeles.

“Dr. Eastman, a nationally recognized constitutional attorney and scholar, represented former President Trump in several election challenges,” Miller stated on Tuesday. “As was his duty as an attorney, Dr. Eastman zealously represented his client, comprehensively exploring legal and constitutional means to advance his client’s interests.”

Miller further stated that subsequent to that representation, Eastman sought to protect his client’s privileged communications “at every peril to himself,” as his ethical obligation under the California Rules of Professional Conduct and California Business and Professions Code Section 6068(e) (1).

“Dr. Eastman expects the bar’s investigation into these matters will fully exonerate him from any charges,” Miller said.

Eastman spoke at a “Save America” rally alongside President Donald Trump’s personal attorney, Rudy Giuliani, on Jan. 6, hours before a mob stormed the Capitol. Eastman said in his speech that voting machines were rigged.

As part of its Jan. 6 investigation, the U.S. House Select Committee has sought communications sent by Eastman to Trump. Eastman has maintained that he was hired by Trump, and communications are protected under attorney/client privilege doctrines. John C. Eastman v. Bennie G. Thompson, 8:22-cv-00099-DOC-DFM (C.D. Cal., filed February 22, 2022).

In recent months, attorneys and others have asked the State Bar to investigate whether Eastman encouraged Trump to pressure Vice President Mike Pence to not certify the election. But some of those complaints were closed due to the complainants’ lack of personal knowledge or direct harm.

“By law, we cannot discuss the details of any particular investigation,” Cardona said on Tuesday.

Cardona said that speaking generally, every lawyer admitted to practice in California takes an oath outlined by statute: to support the Constitution of the United States and the California Constitution, and to faithfully discharge their duties to the best of their knowledge and ability. He added that California statutes and the Rules of Professional Conduct require lawyers to exercise honesty, integrity, and accountability in the course of their professional practice.

“Failure to adhere to the rules and statutes that govern the practice of lawyers may result in them being subject to discipline, in keeping with the State Bar’s public protection mission,” Cardona said.

State Bar statements about pending investigations are unusual, per guidelines set forth under the California Business and Professions Code Section 6086.1, which states that all disciplinary investigations are confidential until the time that formal charges are filed.

There are exceptions.

Tuesday’s announcement was made pursuant to Business and Professions Code Section 6086.1(b) (2) and State Bar Rule of Procedure 2302(d) (1).

According to the State Bar, the chief trial counsel, when warranted for protection of the public and after notice to the licensee, may issue an announcement confirming the fact of an investigation, clarifying the procedural aspects and current status of the investigation, and defending the right of a licensee to a fair hearing.

Details of the investigation must remain confidential, however, to comply with statutory limitations on disclosure and to give the investigation the greatest chance of success, the State Bar said.

Eastman has been advised of the Chief Trial Counsel’s announcement. “Other than confirming that, as required, we provided him with notice of the announcement, we cannot comment further,” Cardona said.

Cardona said the timeline of the investigation is also confidential.

“We will be proceeding with a single State Bar investigation in which we will continue to gather and analyze relevant evidence and go wherever it leads us,” Cardona said.