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Misty Severi, Breaking News Reporter


NextImg:California judge rejects Eastman motion to postpone disbarment hearing

A California judge denied John Eastman's request to postpone his disbarment trial on Friday, despite his status as a co-defendant in a sweeping Georgia election fraud racketeering case.

Eastman, a former attorney for former President Donald Trump, had claimed he could possibly incriminate himself in the Georgia proceedings, which would complicate the disbarment hearing. He is also an unindicted co-conspirator in a federal election fraud case against Trump in Washington, D.C.

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Judge Yvette Roland ruled that Eastman cannot delay the hearing, however, because he’s already started the proceedings and chose not to invoke the Fifth Amendment during an eight-hour interview earlier in the process. Roland claimed Eastman had already been aware that he could be charged in Georgia when giving the interview because he had been interviewed by the grand jury.

John Eastman, an attorney indicted with former President Donald Trump, makes a statement to media outside the Fulton County Jail in Atlanta, where he was booked on Tuesday, Aug. 22, 2023. (Arvin Temkar/Atlanta Journal-Constitution via AP)


“It is firmly established that a witness cannot choose to testify willingly about a topic during a single legal proceeding and then later claim the right to remain silent under self-incrimination privilege when asked about specific subjects,” Roland wrote. “[Eastman] was completely aware that he had potential criminal exposure for his actions surrounding the 2020 election ... yet, respondent gave considerable testimony without ever invoking the Fifth Amendment and did not seek abatement until six days into trial.”

Roland noted a disbarment case would normally be paused due to criminal charges, but a “unique circumstance” in this case that includes Eastman’s hours of testimony makes the delay impossible. The California bar is attempting to revoke Eastman's law license in the state because of his alleged role in encouraging Georgia politicians to create a fraudulent alternate slate of Electoral College votes.

Eastman surrendered himself to authorities in Georgia on Tuesday. The attorney was one of 19 people, including Donald Trump, that Fulton County District Attorney Fani Willis indicted for their roles in the former president's alleged attempts to overturn the 2020 election results in the Peach State.

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Eastman has not been named in a separate federal case in Washington, D.C., that revolves around the Jan. 6 riot at the Capitol in 2021, and no federal charges have been brought against him so far. But he was described as a co-conspirator, and charges could be brought in the future.

The disbarment hearing was postponed in June because of scheduling conflicts but resumed earlier this week.