The Legal Drama of John Eastman: A Deep Dive into Controversy

Christian Baghai
3 min readMay 8, 2024

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John Eastman isn’t your everyday law professor. He skyrocketed from academia obscurity straight into the political thunderstorm surrounding former President Donald Trump’s refusal to accept the 2020 election results. With his bold and, let’s just say, extremely controversial legal advice, Eastman has found himself in hot water, facing nine criminal counts in Georgia related to an alleged election conspiracy. Despite the serious possibility of prison time, he’s still out there, dishing legal zingers, but now mostly to defend himself.

Eastman’s backstory reads like a classic academic achievement tale — he went from studying at the prestigious University of Chicago Law School to clerking for Supreme Court Justice Clarence Thomas, and eventually leading Chapman University’s Law School in California. But he’s not just any right-leaning legal scholar. Eastman views the political left as a real danger to America’s way of life, thinking that these days, political opponents don’t just disagree on how to run the government — they disagree on why it even exists.

When Trump lost the election and cried foul with no real evidence to back the claims, Eastman was right there, echoing those sentiments and pushing legal theories to try to keep Trump in power. He hopped on Zoom calls with state legislatures, pushing them to hold off certifying Joe Biden’s win based on shaky allegations of voting fraud.

But the real jaw-dropper came just before Congress was set to certify the election results. Eastman floated a doozy of a legal theory that Vice President Mike Pence could basically pause the certification process and ask states to double-check the results. This was something no one had ever suggested before and lacked any real backing from historical practices or the Constitution itself. Legal experts and Pence’s own advisor were baffled and pointed out that there was zero support for such powers.

Despite the lack of legal backing, Trump seemed to love the idea, which only amped up the tension and anticipation among his followers. This all spiraled into the chaos of January 6th, when Trump supporters stormed the Capitol, showing in real-time how dangerous and influential unchecked legal theories can become.

Post-riot, things didn’t look so good for Eastman. He had to step down from his academic position, and now he’s fighting to keep his license to practice law in California. Through all this, he insists he was just trying to sort out potential election issues, not undermine democracy. Yet, the narrative he pushed led directly to one of the most severe tests of America’s electoral integrity.

Recently, Congress passed a revision to the Electoral Count Act to make it crystal clear that the Vice President’s role in certifying the election is purely ceremonial, which is a direct slapdown to the kind of ideas Eastman was pushing.

In the mugshot and through his legal battles, Eastman has become a symbol of the dangers of mixing extreme legal theories with political ambition. His ongoing saga is not just a personal legal drama but a broader lesson on how critical it is for political figures and their advisors to stick to the facts and respect the foundational principles of democracy. As the legal proceedings unfold, it’s a reminder of the delicate balance between political strategies and the rule of law. Everyone watching this play out is getting a front-row seat to the repercussions of when that balance is lost.

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Christian Baghai
Christian Baghai

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