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Michael Ballpark Legal A of why

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his truck, Coke and Spirit Tour

1:27

and lawyer John Eastman has been

1:29

indicted twice for criminal charges. Why

1:32

is he still representing clients? Why

1:34

is he still allowed to represent

1:36

clients As a lawyer? That's something

1:38

that a judge in California would

1:41

like to know as well, because

1:43

Judge Eve that Roland has already

1:45

determined that he johnny's been should

1:47

be disbarred for ethical violations and

1:50

the threat he poses to the

1:52

public and. The fact that he

1:54

has refused to accept responsibility and doesn't

1:56

think he did anything wrong in trying

1:58

to overthrow democracy. bring

2:01

false allegations of voter

2:03

fraud in an effort to keep

2:05

Donald Trump into power. Well,

2:07

prosecutors and grand jurors don't feel the

2:10

same way about John Eastman because in

2:12

Arizona, by way of the Attorney General

2:14

and the fake electors, and

2:16

in Georgia, by way of the Fulton County

2:19

District Attorney and the grand

2:21

juries there, they've indicted John Eastman

2:23

because they find they found, as

2:25

did a central district California

2:27

judge almost two years ago, found that

2:29

it was more likely than not that

2:31

he committed a crime or fraud along

2:33

with Donald Trump, who also committed a

2:36

crime or fraud to keep Donald Trump in

2:38

power. John Eastman along

2:40

with Ken Chesper along with

2:42

Mike Roman along with Peter

2:44

Navarro devised and

2:47

implemented along with Boris Epstein, the

2:49

lawyer for Donald Trump, another lawyer

2:51

for Donald Trump, devised and implemented

2:54

the fake electors scheme to

2:56

create fake electors certificates. No, to

2:58

hold fake electors meetings and then

3:01

create certificates where they sign to

3:03

the bottom of each receipt in

3:05

seven battleground states and then through

3:07

Mike Roman trying to deliver them

3:09

to Mike Pence to stop the

3:11

certification of the election on the

3:13

6th of January. That's

3:15

how we got here. John Eastman,

3:18

that half-wit constitutional scholar who practiced

3:20

law and was a professor somewhere

3:22

in California at a law school,

3:24

if you can believe it, has

3:28

been hung out to drive by Donald

3:30

Trump who didn't appear at and tried

3:32

didn't intervene in John Eastman's case when

3:34

the Jan 6th Committee brought a subpoena

3:37

against John Eastman and he tried to

3:39

refuse to turn over emails and documents

3:41

under some sort of cover of attorney-client

3:43

privilege which was stripped away from him

3:46

because of the crime fraud exception as

3:48

developed as determined by the California judge.

3:51

Same thing here. So why is he practicing

3:53

law? He told

3:55

the judge, Judge Roland, who

3:57

found that, found probable cause...

4:00

to that he violated various ethics rules

4:02

in California. And I'll read to you

4:04

from the order that she just did.

4:06

She did that over a month ago

4:08

after a full evidentiary hearing in which

4:10

John Eastman testified, brought in expert witnesses

4:13

and tried to argue he

4:15

was just doing what attorneys do,

4:18

right? All attorneys try

4:20

to overthrow democracy, bring scurrilous

4:22

and false statements of

4:24

voter fraud and attack people for committing

4:26

voter fraud when it was all untrue.

4:29

They all do that. They all create fake electors.

4:31

And the problem that Judge Roland has is the

4:33

problem that I have. Why is he

4:35

still practicing law? So his argument

4:37

is I have to still practice law.

4:40

I have clients. Who are his clients?

4:42

Marjorie Taylor Greene, of course. Matt Gaetz,

4:44

of course. They're being sued or

4:46

they're suing in a case in California because they

4:48

were denied a political rally in a place where

4:50

they weren't supposed to be holding political rallies. He

4:53

represents a high school student who wants to

4:55

fly some sort of crazy Confederate or otherwise

4:58

flag. He represents other

5:00

MAGA people. He says

5:02

that's the primary source of his income.

5:04

And the judge says, exactly. You're proving

5:06

my point. You are a menace

5:09

and a threat to the public and

5:11

you have an accepted responsibility. So even

5:13

if I could remediate

5:16

the harm to you while

5:18

you're appealing my recommendation that

5:21

you be disbarred, which creates

5:23

an automatic suspension in California

5:26

under the California bar, I wouldn't do

5:29

it. I wouldn't do

5:31

it because I don't want you practicing

5:33

law right now. This is like a

5:35

defective product that's out in the stream

5:37

of commerce that's cutting off arms

5:40

and legs. And the

5:42

product says to the judge, while

5:44

I'm appealing, I want to still be out

5:47

there cutting off arms and legs. The judge

5:49

says, no. That's the

5:51

point. You're defective. You're a defective lawyer. And

5:54

until you get help, you get

5:56

remediation, you're compelled by the bar

5:58

to go through through additional

6:03

training and ethics training and you sit

6:05

out for a number of years, maybe

6:07

up to five years. I'm

6:09

not letting you continue to apply your trade

6:11

and take and it doesn't matter. The judge's

6:13

point is it doesn't matter if it's MAGA

6:16

right wing that want to hire you. You

6:18

shouldn't be practicing law. That's the point.

6:21

That's why we have an automatic suspension

6:23

once there is a recommendation of disbarment

6:26

because now the burden shifts. It's

6:29

now on the lawyer

6:32

who's now already been a judge to be a threat.

6:35

The judge made clear in her order, I didn't

6:37

say that you are victimizing

6:40

clients per se. Your

6:44

ethics rules are about your failure to

6:47

abide by professional ethics and responsibility

6:49

creating a danger to the public

6:51

and you're continuing to demonstrate the

6:53

danger by the very request that

6:55

I let you represent clients. It

6:57

seems circular, seems like a tautology

7:00

but it's not. Let me read

7:02

to you from Judge Roland of

7:04

the State Bar Court. Mother's

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Thank you, Lomi, for sponsoring

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this episode. So it's an

8:51

administrative judge. There's

8:53

a state bar court of California

8:55

that deals with these types of

8:58

things. In the matter of John

9:00

Charles Eastman, order denying respondents motion

9:02

to stay in active enrollment to

9:04

stay in active enrollment, meaning let

9:06

me stay enrolled on the bar

9:08

of California to practice or for

9:10

an interim remedy. So

9:13

it says here that the

9:16

state bar shall order

9:18

the involuntary inactive enrollment of an

9:20

attorney. That means suspended upon the

9:22

filing of a recommendation of disbarment

9:25

after hearing or default. That's on

9:27

page one of the order. Consequently,

9:30

an active enrollment, meaning

9:32

suspension, is mandatory in

9:34

California under the California

9:36

Business and Professions Code.

9:39

John Eastman on page two, this is the

9:41

judge, argues that the

9:43

court has the authority to delay temporarily

9:46

the effective date of the licensee's disciplinary

9:48

suspension upon a showing of good cause.

9:50

And the judge says that's the point.

9:53

You haven't showed me good cause that

9:55

you're no longer a threat. The

9:57

judge says at the bottom of page two, the The

10:00

court made no finding that

10:02

Eastman's ethical violations resulted in

10:04

client arm. Instead, the court

10:06

found that disbarment was the

10:08

appropriate sanction for Eastman's misconduct,

10:11

in part to safeguard the public.

10:13

The court's decision, the

10:15

judge continues, determined that Eastman

10:17

made deceptive and misleading claims

10:19

in legal documents, public forums,

10:21

and other contexts concerning the

10:24

2020 presidential election and the extent

10:27

of Vice President Michael Pence's authority

10:29

to override the electoral process. In

10:32

other words, John Eastman took the

10:34

position, told Donald Trump that, and

10:36

told others that that

10:38

Michael Pence had the authority

10:40

as the Vice President to

10:42

override the certificates in front

10:44

of him and not

10:47

declare the election for Joe Biden, which

10:49

was false. He's had Judge Ludwig Aannier,

10:51

who is a constitutional scholar of the

10:53

first order, who said and

10:56

told Mike Pence that at the time

10:58

as his counsel that that is BS,

11:00

that that can't be done. That's not the

11:03

powers of the Vice President. And

11:05

Eastman, even in his text messages and emails, which have

11:07

been revealed by the Chan Six Committee and are in

11:09

the hands of all the prosecutors, he knew, he

11:12

knew that there was no support for this. He

11:14

said if that went up to the Supreme Court,

11:16

his legal position, it would lose 9-0 or maybe

11:18

8-1. And

11:22

the judge knows all of this in her record

11:25

that she's developed in his

11:27

suspension or bar recommendation or

11:29

bar a disbarment recommendation. So

11:32

what the judge says in the bottom of

11:34

page two is despite his client's desire for

11:37

Eastman to continue representing that Marjorie Taylor

11:40

Greene, Matt Gaetz and others, based on

11:42

the gravity of Eastman's transgressions as a

11:44

lawyer, particularly those involving

11:47

moral turpitude, right?

11:51

That's lying. That's doing things

11:53

that are immoral as it relates to your

11:55

law license and the increased likelihood

11:57

of future misconduct due to his... to

12:00

acknowledge any wrongdoing. In other words, he's

12:02

a defective product. He's an effective

12:05

lawyer that shouldn't be taking on clients even once

12:07

they were gullible enough or are

12:09

MAGA enough to hire him. There

12:11

is insufficient evidence, the judge says, the top

12:13

of page 3, to justify

12:15

a stay of his suspension.

12:18

And and

12:20

therefore the court's conclusion that Eastman failed

12:22

to show that he poses no significant

12:24

threat to the public precludes the imposition

12:26

of interim remedies. The judge was kind

12:29

to him. She could have also said

12:31

he's been indicted by a

12:33

grand jury in Georgia, indicted by

12:35

a grand jury in Arizona. He's

12:38

the unindicted co-conspirator, one of

12:40

six in Jack Smith's special

12:43

counsel election interference case against Donald

12:46

Trump. This guy

12:48

needs to be sidelined. California

12:50

bars step up, disbar

12:52

him, make him take whatever

12:55

retraining, you know, send him

12:57

back to the, you know,

12:59

to the Westworld warehouse for

13:01

reprogramming before he comes back

13:03

out to represent any clients.

13:05

MAGA, conservative, liberal, independent, blue-green,

13:07

or whatever, you know,

13:09

until I'm speaking as a fellow bar

13:11

member, not in California, but in two

13:13

other bars, sideline him and

13:15

do it quickly as I start at the

13:18

odd take. Why does John Eastman have clients?

13:20

Why is he continuing to practice law? And

13:23

that's the question that the judge Roland would

13:25

like to know in California. We'll continue to

13:27

follow everything about all the co-conspirators

13:29

in Georgia and Arizona related to Donald

13:31

Trump. We do it on Legal AF

13:33

right here on the Midas Touch Network

13:35

and then on a podcast

13:38

that we do at the intersection of law

13:40

and politics every Wednesday and Saturday at 8

13:42

p.m. Eastern Time. We call it Legal AF

13:45

for a reason. Join us, you'll find out, we'll tell you,

13:47

I promise, 8 p.m. Eastern Time on

13:49

this YouTube channel. And then if you like

13:51

what I'm doing, I'm Michael Popak. Leave me

13:53

a comment here and a thumbs up. It

13:55

does help, keeps the ratings high, keeps us

13:58

on the air. Slide over to YouTube

14:00

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14:03

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14:05

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14:07

a thousand of these kind of hot takes.

14:09

And then we have a Patreon if

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until my next Patreon exclusive content, my

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14:50

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