Former Fowler School of Law dean recommended for disbarment: The rise and fall of John Eastman
Looking back at John Eastman’s career in politics, along with his involvement with recent scandals and legal issues, The Panther evaluates what led to Eastman’s descent into controversy.
Five years ago, at the height of his career, John Charles Eastman was not only the dean of Chapman University’s Fowler School of Law but he was also something of a golden boy in far-right legal circles. Now, he is facing criminal charges and has been recommended to be disbarred.
In late March, State Bar Court of California Judge Yvette Roland ruled for Eastman’s license to practice law to become “involuntarily inactive.” This means that until the California Supreme Court can give the final say on the status of Eastman’s license, he may not practice law in any capacity within the state.
Disbarment — which Roland recommended in her ruling — would come directly from the California Supreme Court and would permanently prohibit Eastman from practicing law in the State of California.
The charges against Eastman
The rise and fall of John Eastman unfolds as a complex journey, weaving together his academic endeavors, political involvements and contentious legal convictions. Eastman's path follows the nexus of law, politics and constitutional interpretation — from his crucial role in the 2000 presidential election to his involvement in the events leading up to the Jan. 6 Capitol riot, and eventually, his recent criminal and disbarment trials.
Eastman finds himself at the heart of a maelstrom of legal concerns and intense scrutiny due to his role in crafting memos outlining a scheme to assist former Vice President Mike Pence in rejecting electoral votes from the 2020 U.S. presidential election.
The California State Bar Trial Counsel announced disciplinary charges against Eastman, including counts of moral turpitude, misrepresentation, seeking to mislead a court and failure to support the Constitution and laws of the United States.
Eastman stands accused of nine criminal counts:
Violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act
Solicitation of violation of oath by a public officer
Conspiracy to commit impersonating a public officer
Two counts of conspiracy to commit forgery in the first degree
Two counts of conspiracy to commit false statements and writings
Conspiracy to commit filing false documents
Filing false documents
At Chapman, where he was forced to retire, administration officials refuse to acknowledge his legacy.
The crux of the matter lies in comprehending how Eastman arrived at this point and, more broadly, understanding the collective journey that brought the Chapman community to this juncture.
The beginnings of Eastman’s career
Eastman’s extreme conservative political leanings have been well-known since the early 1980s when he served as the campaign chair for his dissertation advisor, William B. Allen, during Allen’s U.S. Senate run in 1986.
Allen's controversial 1989 speech — titled ''Blacks? Animals? Homosexuals? What Is a Minority?'' — was denounced by the United States Civil Rights Commission (USCRC) due to its inflammatory implications on homosexuality and the African American community.
Moreover, the resonance between the two extends to Allen's subsequent resignation from the USCRC due to his involvement in a child custody dispute on a Native American reservation that led to his arrest for the kidnapping of a 14-year-old girl. The charges were brought after Allen attempted to interview a Native American girl involved in a custody dispute between her birth mother and a white adopting couple by offering her a ride home.
The 1990s marked a transformative period for Eastman, highlighted by his graduation from the University of Chicago School of Law and his clerkship for Supreme Court Justice Clarence Thomas. The profound friendship shared by Thomas and Eastman to this day underscores the enduring impact of their relationship on Eastman's professional journey.
Eastman’s big break — legal and political — came during the 2000 U.S. presidential election, which focused on the contested results in Florida where a closely fought battle between George W. Bush and Al Gore led to legal disputes over the recount process. The aftermath of this election remains a pivotal chapter in American political history, with persisting implications for the Republican Party and the nation's democratic processes.
Eastman, then a junior professor at Chapman, was summoned as an expert on the Electoral Count Act. He and his Chapman law students rapidly prepared for his testimony.
The Supreme Court's intervention in Bush v. Gore ultimately determined the outcome, halting the Florida recount based on equal protection concerns. Eminent law professors including Yale’s Bruce Ackerman and University of Chicago’s David Strauss testified against such intervention, asserting that the legislature lacked constitutional authority to revoke an already conducted election.
Over the years, Eastman solidified his standing as a prominent figure in legal and conservative circles. His tenure as the dean of Chapman University’s Fowler School of Law, beginning in 2007, marked a pivotal moment in his academic leadership. Despite an unsuccessful run for the Republican nomination for Attorney General of California in 2010, Eastman continued to maintain a distinguished career as a law professor and conservative legal activist.
As director, and later chairman, of the Center for Constitutional Jurisprudence, he steered the center's involvement in various high-profile constitutional cases, filing numerous amicus briefs in the Supreme Court.
Eastman's pro bono legal work further showcased his dedication to conservative causes, advocating for issues such as religious freedom and property rights. Beyond his professional pursuits, he remained actively engaged in his Catholic parish, assuming leadership roles in Boy Scout and Cub Scout troops. Joining the National Executive Committee of the Federalist Society — “a group of conservatives and libertarians interested in the current state of the legal order,” according to the website — added another layer to his influence in legal and political spheres.
In 2011, Eastman assumed the role of board chair for the National Organization for Marriage (NOM), increasing his involvement in anti-gay and anti-trans political activism and further solidifying his presence in the circles of conservative ideology.
Eastman’s relationship, career with former president Donald Trump
During the Trump administration, John Eastman's ascent to television prominence on Fox News marked the beginning of his entanglement with the Trump administration. Defending Trump on various issues, including the Mueller Report and the first impeachment, Eastman became known for his unwavering support of Trump's actions, even endorsing the controversial phone call with Ukrainian President Volodymyr Zelensky. His legal scholarship, often aligning with conservative and religious right legal movements, positioned him as a vocal advocate for Trump's policies.
In August 2020, Eastman's advisory role to Trump commenced after the former president noticed and admired Eastman's appearances on Fox News. This advisory role, coupled with Eastman's opinion column for Newsweek challenging the eligibility of then-senator and current vice president Kamala Harris, fueled his alignment with Trump's narratives.
A joint radio appearance on the Hugh Hewitt Show with Berkeley Law Dean Erwin Chemerinsky in October 2020 marked a noticeable shift in Eastman's behavior, according to Chemerinsky. This evolution in the perception of Eastman's public demeanor foreshadowed his increasing alignment with Trump’s style of discourse.
Eastman's involvement in the Trump campaign took a turn in November 2020, with the crafting of a memo outlining a scheme for Mike Pence to reject electoral votes from states that the Trump administration believed should have been won by the former president. This memo reflected a concerted effort to challenge the election results, asserting unfounded claims of widespread voter fraud.
In December 2020, Eastman formally assumed a role as counsel for Trump and his campaign, solidifying his position as a key legal figure in the campaign's attempts to overturn the election. Texas filed a lawsuit in swing states challenging the election results, and Eastman signed a motion to intervene on behalf of Trump. This legal intervention sought to amplify claims of election irregularities, adding legal weight to the broader campaign to undermine the election outcome.
In January 2021, Eastman's participation in the "Save America" rally on the Washington Ellipse added yet another chapter to his involvement. Speaking at the rally, Eastman allegedly played a role in energizing supporters of Trump, and the events that followed culminated in the attack on the U.S. Capitol by Trump supporters on Jan. 6, 2021.
The magnitude of Eastman's actions during this period, from crafting memos that sought to subvert the electoral process to speaking at a rally that contributed to an unprecedented storming on the Capitol, emphasizes the gravity of his role in the events leading up to and following the 2020 election.
Following these tumultuous events, the repercussions for Eastman were swift and severe. Three members of Chapman University's board called for disciplinary measures against Eastman, leading to his retirement announcement. Despite his attempt to regroup with a visiting professorship in "Conservative Thought and Policy" at the University of Colorado, Boulder, Eastman faced further challenges. The university’s chancellor criticized his advocacy of conspiracy theories, resulting in the cancellation of Eastman's classes due to lack of enrollment and the removal of other responsibilities.
The legal fallout for Eastman unfolded on multiple fronts. After the events of Jan. 6, he sent an email to Rudy Giuliani, one of Trump’s lawyers, expressing a desire to be included on the "pardon list." In a December 2022 deposition before the House Select Committee probing the Jan. 6. attack, Eastman invoked the Fifth Amendment 100 times, signaling a defensive stance against self-incrimination.
By March 2022, Judge David O. Carter went on record, stating that it was likely that Eastman and Trump dishonestly conspired to obstruct the Joint Session of Congress on Jan. 6. This assessment, if proven, could lead to a violation of 18 U.S.C. § 371, carrying a maximum sentence of five years in prison.
The Jan. 6 Committee issued a criminal referral on Dec. 19, specifically proposing a federal indictment for violation of 18 U.S.C. § 1512(c) against Eastman. Simultaneously, the California State Bar Trial Counsel announced disciplinary charges against Eastman, including counts of moral turpitude, misrepresentation, seeking to mislead a court and failure to support the Constitution and laws of the United States.
This cascade of legal actions marked a stark fall from grace for Eastman, signaling a profound and damaging impact on his once-established career.