State Bar: Eastman Already Waived Fifth Amendment Privilege, Georgia Charges Don’t Change That

[Chorus]
Hang down your head John Eastman,
Hang down your head and whine,
Hang down your John Eastman,
Poor boy, you’d best resign.

I met Trump in the District,
Where I offered him my life,
I met him in the District,
Where he dragged me into strife.

[Chorus]

By this time tomorrow,
I reckoned I would be
Safely away from Georgia
Home in Californee.

Hang down your head John Eastman,
Hang down your head and whine, (Whine, John!)
Hang down your head John Eastman,
Poor boy you’d best resign.

By this time tomorrow,
I reckon where I’ll be
Stuck in some dreary courtroom
Deep in Fulton County.

[Chorus, with resign descant, repeats 2x]

4 Likes

My understanding is that Eastman wants to post-pone because, given the criminal proceeding (and possible additional criminal proceeding) against him he MAY want to assert 5th, and the asserting the 5th in a disbarment hearing making it harder to mount a defense.

I haven’t read the filings, but my guess is the governments overarching response is “we brought this disbarment proceeding, as we do many disbarment proceedings, because of alleged criminal conduct. What are we supposed to do, delay all such proceedings until conviction, plea deal, and/or statute of limitations runs out?” It’s an absurd reason to post-pone a proceeding that was brought specifically because of alleged criminal behavior. The 5th amendment gives you the right to not answer questions. It doesn’t give the right to be free of the repercussions that come with not answering questions. Actions have consequences.

It would be like putting a civil trail for rape on hold where for whatever reason no criminal charges had been pressed until the statute of limitations for rape runs out because it would be unfair to the defendant since, he might have to plead the 5th in the civil case.

3 Likes

The opening paragraph of section C of the Bar’s filing, emphasis added:

Respondent has already testified regarding many of the issues in this case without
asserting the Fifth Amendment. Because he elected to waive that right by answering
questions, he has waived his Fifth Amendment rights regarding those topics and any
testimony that might impeach the testimony he previously offered.

They aren’t arguing that his 5A rights are completely waived, only that he’s waived them about certain issues. The argument is, honestly, a little superfluous to this opposition to Eastman’s attempt to delay the proceedings. Whether or not he’s waived his 5A rights doesn’t directly bear on the issue of delay. That said, it’s obvious why they included it: it speaks to how Eastman has found the time to make his case to the court of public opinion and says, in so many words, that if he has time to do that then he has time to continue with these proceedings.

7 Likes

I read the California Bar’s Disciplinary Counsel brief and what was clear is that there has already been 4 days of trial and this request by Eastman is literally in the middle of the trial and likely after the Bar has at least largely already presented its case. It is Eastman’s turn to put on his case and if he is busy telling his side on TV shows instead of in the courtroom - that is on him and I agree with the Bar that it is hypocritical and outrageous to make such a request. Eastman’s “experts” include such stalwarts like “torture memo” Yoo. He continues to practice law by filing (what appears to me) meritless lawsuits such as the one against Occupy Democrats on behalf of MTG and Matt Gaetz. Eastman should lose trying to stop his disbarment trial in the middle after 4 days of the prosecution presenting evidence. It just sounds like a delay tactic. It is in the public interest that bad lawyers not be able to practice law.

3 Likes

No it is not - his trial is at least halfway through with four days presentment of evidence by the State Bar. Eastman has known about these possible criminal indictments in other jurisdictions for years and he did not present that as reason to postpone his disbarment trial before it started. If he can make his case on television shows and to the press, then he can do it the courtroom.