Two prominent Senate Republicans are asking the Supreme Court to review the disbarment of John Eastman for helping orchestrate the plot to overturn the 2020 election for President Donald Trump.
It’s the latest effort from Senate Judiciary Committee members to mitigate the fallout from the election subversion effort that ended in the Jan. 6, 2021, attack on the Capitol.
Sen. Mike Lee of Utah, who is poised to be the top Republican on the panel next Congress, and Sen. Ted Cruz of Texas, wrote in a brief filed with the Supreme Court on Wednesday that the decision to Eastman’s license to practice law in California was a result of political activists weaponizing the bar disciplinary process against attorneys on “the disfavored side of public controversies.”
“An unpopular or even losing legal argument does not equal professional unfitness,” Lee and Cruz wrote.
The senators also argued that a state’s disagreement with an attorney’s reasonable judgment can’t be grounds for punishment and could have a chilling effect: “Zealous advocacy will disappear if professional survival depends on whether bar regulators later agree with an attorney’s legal analysis.”
Eastman, a former clerk to Supreme Court Justice Clarence Thomas, was identified by Biden-era special counsel Jack Smith as a co-conspirator in Trump’s alleged criminal plot to hang onto power in 2020. The attorney was criminally charged in Georgia and Arizona for his role in the scheme, and in April he was disbarred.
Lee, in correspondence uncovered by the now-disbanded House committee to investigate the attacks on Jan. 6, told Trump lawyer Cleta Mitchell that “Jan. 6 is a dangerous idea … Not just for the republic itself, but also for the president.” The senator was outlining that no court or state legislature had backed Trump’s effort to prove he had, in fact, won the election contest against Joe Biden and didn’t see Congress as a fitting backstop.
Smith testified before the Senate Judiciary Committee in September, where Sen. Josh Hawley (R-Mo.) called for Smith to also be disbarred.
Kyle Cheney contributed to this report.
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