WASHINGTON — John Eastman, an ex-lawyer for former President Donald Trump, said in a court filing on Friday he is concerned special counsel Jack Smith might bring charges against him tied to Trump’s most recent federal indictment.
An attorney for Eastman told USA TODAY that he is most likely the second of six co-conspirators listed in the indictment against Trump over his alleged effort to overturn the 2020 presidential election results. In the aftermath of the 2020 election, Eastman promoted a strategy of finding Trump-supporting electors in battleground states and tasking former Vice President Mike Pence with disqualifying the real electors.
The State Bar Court of California opened disciplinary proceedings − including potential disbarment − against Eastman earlier this year. The State Bar’s Office of Chief Trial Counsel alleged Eastman violated his duties to the U.S. and California state constitutions by participating in the scheme to overturn the 2020 election results.
Eastman requested a California judge delay his disciplinary proceedings in the court filing on Friday because he says he could face federal charges stemming from Smith’s investigation into the alleged efforts to steal the 2020 election.
Here’s what to know about Eastman, a likely co-conspirator in the 2020 election indictment.
How was John Eastman involved in Donald Trump’s 2020 election bid?
Eastman served as a lawyer for Trump after the former president filed lawsuits in state courts seeking to overturn their 2020 electoral results. Eastman also drafted a memo that laid out a six-step plan for Pence to overturn the election results
Eastman argued that Pence had the power to toss out real electors in the 2020 election and help Trump win reelection by supporting fraudulent electors in their place. Pence, however, rejected Eastman’s theories and refused to support the effort to prevent the certification of President Joe Biden’s victory in the presidential race.
On Jan. 6, 2021, Eastman delivered a speech during Trump’s rally in Washington that preceded the attack on the U.S. Capitol. The special House committee investigating the Jan. 6 attack on the Capitol issued a criminal referral to the Justice Department for Eastman, alongside Trump.
Eastman requested a potential pardon from Trump after the attack on the Capitol, but the former president did not agree to grant him one.
But some experts predict that Eastman will remain loyal to Trump. Paul Rosenzweig, a former federal prosecutor, told USA TODAY “Pancakes flip. Eastman won’t.”
In a process known as “flipping,” prosecutors often use the implied threat of potential criminal charges to pressure suspected co-conspirators into cooperating against their main target.
Eastman clerked for Clarence Thomas, worked at Chapman University
Eastman, 63, received his bachelor’s degree from the University of Dallas and later attended law school at the University of Chicago. He also received a Ph.D. at Claremont Graduate School. After receiving his law degree in 1995, Eastman served as a law clerk to Supreme Court Justice Clarence Thomas.
Eastman also spent time as a law professor at the Chapman University School of Law. He served as the school’s dean from 2007 to 2010. He retired from his role as a professor at the university in January 2021, after an outpour of criticism following the attack on Jan. 6.
Elizabeth Eastman, Eastman’s wife, also attended Claremont Graduate School, where she received a Ph.D. in political science. The couple have two children, a son and a daughter.
Contributing: Josh Meyer, USA TODAY
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