Lawyer at center of Trump election plot asks California judge to postpone disbarment proceedings

A lawyer at the center of former President Trump’s efforts to overturn the results of the 2020 presidential election is asking a California judge to delay disbarment proceedings against him, suggesting that he expects to face federal criminal charges.

Attorneys for Trump lawyer John Eastman asked the California court to delay proceedings that could strip Eastman of practicing law in the state until after the case against Trump is resolved. Trump was federally indicted and arraigned last week on charges linked to his alleged plot to stay in power after losing the 2020 presidential race.

Attorneys Randall Miller and Zachary Mayer argued that “numerous media outlets” have speculated Eastman is an unnamed co-conspirator in the case based on details in the indictment. The indictment lists six unnamed co-conspirators.

“A stay is warranted in the interests of justice, as recent developments in the investigation have renewed and intensified Respondent’s concerns that the federal government might bring charges against him,” the attorneys wrote in an Aug. 4 court filing.

The attorneys also said that concern over an impending indictment could cause Eastman to invoke his Fifth Amendment right against self-incrimination during the proceedings.

The California State Bar is seeking to stop Eastman from practicing law in the state. The regulatory agency claims that Eastman made “false and misleading statements” about purported election fraud, including on Jan. 6, 2021, which the agency asserts “contributed to provoking a crowd to assault and breach the Capitol.” Eastman faces 11 disciplinary charges.

“The Notice of Disciplinary Charges alleges that Mr. Eastman violated this duty in furtherance of an attempt to usurp the will of the American people and overturn election results for the highest office in the land — an egregious and unprecedented attack on our democracy — for which he must be held accountable,” State Bar of California’s chief trial counsel George Cardona said in a statement at the time.

Eastman masterminded a legal strategy that attempted to overturn the election, which included using slates of fake electors in battleground states to swing the election’s outcome in Trump’s favor. The plan also relied on then-Vice President Mike Pence tossing out the real electors.  

The Trump lawyer holds law licenses in both Washington, D.C., and California.