Sunday, April 7, 2024

John Eastman and the Left's War on the Legal Profession | RealClearPolitics

There has been an astronomical amount of misinformation about John's activities in the weeks leading up to the Jan. 6, 2021, U.S. Capitol jamboree, as well as the legal advice that he offered his high-profile client during that time. The corporate media and the Democrat-lawfare complex typically speak of John's legal advice as encouraging the "overturning of an election" or "fomenting an insurrection," but such hyperbolic talk is irresponsible and wildly off base.

John acquitted himself well in a compelling essay he penned for Claremont's American Mind online journal on Jan. 18, 2021, titled "Setting the Record Straight on the POTUS 'Ask.'" His 12th Amendment argument about the vice president's more active role in certifying the states' slates of electors and his accompanying argument regarding the constitutional dubiousness of the Electoral Count of 1887 might not be correct (although it could be), but it is well within the bound of plausible, nonfrivolous legal argumentation an attorney can (indeed, should) press upon an embattled client. That is doubly so here, because the U.S. Supreme Court has never authoritatively interpreted the relevant 12th Amendment provision. Countless legal arguments more frivolous than this are advanced every day in courtrooms across America.

Nor is John Eastman the only man being prosecuted, and possibly disbarred, for his legal activity after the 2020 election. Former U.S. Assistant Attorney General Jeffrey Clark is also being prosecuted in Georgia, and he was just found by the District of Columbia Bar to have violated an ethics rule, which might lead to his own disbarment there -- all stemming from an internal Department of Justice memo that Clark never even sent.

Once upon a time, the American Left understood the moral imperative of ensuring that all Americans have adequate access to legal representation, no matter one's popularity in the eyes of the government or societal elites. Indeed, the definitive American example of such unpopular legal representation actually dates back to before the United States was even independent: In 1770, a young lawyer named John Adams, the man who would become the young republic's second president, took it upon himself to defend the British soldiers accused of killing five colonists at the Boston Massacre. Years later, in his dotage, Adams reflected that this was "one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country."


Josh Hammer.

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