Bar Complaint Filed Against Coup-Planning Lawyer John Eastman In California

WASHINGTON, DC - JUNE 04:  John Eastman, chairman of the National Organization for Marriage, testifies during a hearing before the House Ways and Means Committee June 4, 2013 on Capitol Hill in Washington, DC. The committee heard from six representatives of groups that were targeted by the Internal Revenue Service (IRS) for special scrutiny.  (Photo by Alex Wong/Getty Images)
WASHINGTON, DC - JUNE 04: John Eastman, chairman of the National Organization for Marriage, testifies during a hearing before the House Ways and Means Committee June 4, 2013 on Capitol Hill in Washington, DC. The co... WASHINGTON, DC - JUNE 04: John Eastman, chairman of the National Organization for Marriage, testifies during a hearing before the House Ways and Means Committee June 4, 2013 on Capitol Hill in Washington, DC. The committee heard from six representatives of groups that were targeted by the Internal Revenue Service (IRS) for special scrutiny. (Photo by Alex Wong/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

Disbarment For Couping?

A nonpartisan election integrity group is demanding an investigation into whether John Eastman, the conservative legal scholar who mapped out a potential plan for then-Vice President Mike Pence to steal the 2020 election for Trump, engaged in professional misconduct.

  • The States United Democracy Center sent a letter to the California bar association on Monday requesting that the state bar examine whether Eastman “violated his ethical obligations as an attorney by filing frivolous claims, making false statements and engaging in deceptive conduct.”
  • The letter’s signatories included two former California Supreme Court justices plus an ex-GOP governor and an Obama official.
  • “Is it now a disbarrable offense to engage in political speech, First Amendment protected?” Eastman asked in response to the group’s complaint while hinting that he might fire back with a defamation suit.
  • The bar complaint comes as other Trumpland lawyers, including Rudy Giuliani and Sidney Powell, face bar investigations for misusing the courts to overturn the election.

Garland Defends DOJ’s Handling Of Jan. 6 Insurrectionist Cases

Attorney General Merrick Garland is on the defensive after observers (including a judge) criticized what they see as prosecutors’ kid glove treatment of the people who stormed the Capitol on Jan. 6.

  • The prosecutors are “making determinations in every case about what charge fits the offense, what charge fits the law,” Garland argued during a discussion at The New Yorker Festival on Monday.
  • The criticism is “part of the territory for any prosecutor in any case,” the attorney general added.

Sinema Gets Confronted By Activists Again

Protesters greeted Sen. Kyrsten Sinema (D-AZ) at Ronald Reagan Washington National Airport yesterday after she returned from a trip to her home state for a medical appointment (according to her office) and a fundraiser in Phoenix:

During Sinema’s flight, a woman claiming to be a DACA recipient tried to talk to the senator about using the reconciliation bill to build a pathway to citizenship for undocumented immigrants.

  • The activist asks Sinema to commit to including immigration reform in the legislation. The senator largely ignored her.
  • New York Times opinion writer Michelle Goldberg’s latest column has an incredible anecdote about Sinema organizing a protest against then-Sen. Joe Lieberman (D-CT) in 2003, whom she called “a shame to Democrats.”
    • “I don’t even know why he’s running,” Sinema said at the time. “He seems to want to get Republicans voting for him — what kind of strategy is that?”

Top State Official Blasts Biden’s Trumpian Treatment Of Haitian Migrants

Harold Koh, a political appointee at the State Department who is leaving his position as a senior legal adviser, has circulated a memo internally blasting the Biden administration’s “inhumane” expulsions of Haitian migrants at the border via Trump’s Title 42 policy. 

  • Koh pointed to Biden’s declaration that the shocking images of Border Patrol agents charging at migrants on horseback were “not who we are.”
  • “The same could be said of current illegal and inhumane policy of Title 42 expulsions,” Koh wrote. “It simply is not worthy of this Administration that I so strongly support.”
  • Koh’s internal memo came less than two weeks after the U.S. special envoy to Haiti, Daniel Foote, resigned in protest over the Biden administration’s “deeply flawed” policies on Haitian refugees.
    • “I will not be associated with the United States inhumane, counterproductive decision to deport thousands of Haitian refugees and illegal immigrants to Haiti, a country where American officials are confined to secure compounds because of the danger posed by armed gangs to daily life,” Foote wrote in a particularly blistering letter to Secretary of State Antony Blinken.

Facebook Goes Kaput

Facebook, along with its other services (Instagram, WhatsApp and Facebook Messenger), went down for more than five hours yesterday, a tragic day for COVID-19 vaccine truthers:

  • More seriously, this New York Times article lays out the disturbing extent to which the global population depends on Facebook and its apps, particularly WhatsApp.
  • The crash came the day before Facebook whistleblower Frances Haugen’s scheduled Senate hearing today to testify on how Facebook and its products “harm children,” “stoke division” and “weaken our democracy” by amplifying misinformation and extremism, according to her opening statement.
    • Haugen gave a blockbuster interview on “60 Minutes” where she explained how Facebook failed to prevent the spread of the extremism that led to the Jan. 6 Capitol insurrection.

Desantis’ Wife Is Diagnosed With Cancer

Florida Gov. Ron DeSantis (R) announced yesterday that his wife, Casey, has been diagnosed with breast cancer.

Curiosities Across The Pond

Can our British readers please explain what Boris Johnson’s trying to do here?

Do you like Morning Memo? Let us know!

Latest Morning Memo

Notable Replies

  1. “A nonpartisan election integrity group is demanding an investigation into whether John Eastman,…”

    In the United States lawyers are effectively immune from sanctions for misconduct. Even furthering a coup meant to void an election and topple the government won’t result in sanctions that amount to more than a slap on the wrist.

    Around one-quarter of one percent (that’s 0.23 percent) of the nearly 1.3 million practicing lawyers in the U.S. are publicly disciplined for ethical misconduct each year.

    The most common form of public discipline is suspension, followed by disbarment.

    Those stats are from the ABA 2020 Profile of the Legal Profession.

    “In 2018 [the most recent year with available data], 2,872 lawyers were publicly disciplined for misconduct in 45 states and the District of Columbia,” says the report. “That represents roughly one-quarter of 1 percent of all practicing lawyers with active licenses in those states.”

    The data comes from the ABA Center for Professional Responsibility, which collects, analyzes and compiles statistics about lawyer discipline and regulation nationwide.
    .

  2. Avatar for mrf mrf says:

    Obviously wish Mrs. DeSantis well but we all know that her surgeon and the nurses who attend to her are mandated to wear masks.

  3. Okay, I’ve finally figured out Sinema’s complete tone-deafness. She is a vampire goose. She’s a goose, because she wakes up in a new world every day. She’s a vampire because she must not be reflected in physical mirrors as well as metaphorical mirrors.

  4. Avatar for jwbuho jwbuho says:

    Curiosities Across The Pond

    Can our British readers please explain what Boris Johnson’s trying to do here?

    From what I’ve seen on Twitter from the UK, they don’t seem to understand this, either.

Continue the discussion at forums.talkingpointsmemo.com

251 more replies

Participants

Avatar for valgalky23 Avatar for playitagainrowlf Avatar for pluckyinky Avatar for mondfledermaus Avatar for mattinpa Avatar for steviedee111 Avatar for becca656 Avatar for ralph_vonholst Avatar for danny Avatar for lastroth Avatar for ronbyers Avatar for darrtown Avatar for lizzymom Avatar for castor_troy Avatar for brian512 Avatar for coimmigrant Avatar for dannydorko Avatar for katscherger Avatar for bcgister Avatar for jwbuho Avatar for occamscoin Avatar for txlawyer Avatar for osprey Avatar for dogselfie

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: