Disputed Fact
John Eastman — a former law school dean, constitutional scholar, and attorney for Donald Trump — has been the subject of California State Bar disciplinary proceedings arising from his role in the effort to challenge the 2020 presidential election results. On January 26, 2023, the California Bar filed a Notice of Disciplinary Charges containing 11 counts, including failure to support the Constitution and laws of the United States, seeking to mislead federal courts, and multiple counts of moral turpitude based on alleged false and misleading statements in his memos, public appearances, and a January 6 email to Pence’s counsel Greg Jacob. Following a 35-day trial, Hearing Judge Yvette Roland found Eastman culpable of 10 of 11 counts and recommended disbarment, characterizing his conduct as an attempt to “plan, promote, and assist Trump in executing a strategy… that lacked evidentiary or legal support”; the court rejected his First Amendment defense on the ground that knowingly or recklessly false statements do not receive constitutional protection under Gentile v. State Bar of Nevada and Ramirez v. State Bar. The Review Department’s three-judge panel unanimously upheld the disbarment recommendation on June 14, 2025, finding Eastman had engaged in a “calculated campaign to falsely undermine the results of the 2020 presidential election.” Eastman’s petition for review to the California Supreme Court — filed September 29, 2025, and pending as of April 2026 — raises as its first issue whether “the recommendations of disbarment by both the Hearing Department and the Review Department for core political speech and petitioning of the government for redress of grievances violate Dr. Eastman’s First Amendment rights,” a question the California Supreme Court has not yet resolved.
Citations
Cal. State Bar, Office of Chief Trial Counsel, Attorney John Eastman Charged with Multiple Disciplinary Counts Attorney John Eastman Charged with Multiple Disciplinary Counts (Jan. 26, 2023), https://www.calbar.ca.gov/news/attorney-john-eastman-charged-multiple-disciplinary-counts-state-bar-california ; see also see also Lawfare, John Eastman and the Limits of Bar Discipline (Jan. 31, 2023), https://www.lawfaremedia.org/article/john-eastman-and-the-limits-of-bar-discipline (analyzing 11 counts and First Amendment implications).
In the Matter of John Eastman, SBC-23-O-30029, Hearing Dep’t Decision and Order (Cal. State Bar Ct. Mar. 27, 2024) (Roland, J.) (“Eastman’s wrongdoing constitutes exceptionally serious ethical violations warranting severe professional discipline”; rejecting First Amendment defense at pp. 75–81 on ground that “knowingly false statements and false statements made with reckless disregard of the truth do not enjoy constitutional protection”), https://www.democracydocket.com/wp-content/uploads/2024/03/SBC-23-O-30029-Decision-Trial.pdf . Count 11 (provocation of Capitol assault) was dismissed for lack of proof that Eastman’s statements foreseeably contributed to the breach; the disbarment recommendation rested on the 10 surviving counts.
Cal. State Bar, John Eastman State Bar Court Review Decision — Disbarment Recommendation Remains. John Eastman State Bar Court Review Decision — Disbarment Recommendation Remains (Jun. 14, 2025), https://www.calbar.ca.gov/news/john-eastman-state-bar-court-review-decision-disbarment-recommendation-remains (quoting Chief Trial Counsel: Eastman “lied to courts, Vice President Michael Pence, and the American people”); see also see also Politico, California court upholds John Eastman’s disbarment. California court upholds John Eastman’s disbarment (Jun. 17, 2025), https://www.politico.com/news/2025/06/17/california-court-john-eastman-disbarment-00411266 (quoting Review panel: “He used his skills to push a false narrative in the courtroom, in the White House, and in the media.”).
Eastman Pet. for Review at 1, Eastman on Discipline, Cal. Sup. Ct. (filed Sept. 29, 2025) (first issue presented: “Do the recommendations of disbarment by both the Hearing Department and the Review Department for core political speech and petitioning of the government for redress of grievances violate Dr. Eastman’s First Amendment rights?”), as reported in Law & Crime (Sept. 30, 2025), https://lawandcrime.com/high-profile/nothing-could-be-more-hypocritical-pro-trump-lawyer-john-eastman-implores-state-supreme-court-to-reject-unprecedented-disbarment-recommendation/ ; Horvitz & Levy (Apr. 2, 2026), https://www.horvitzlevy.com/no-straight-grants-at-this-weeks-conference-4 / (California Supreme Court considered but issued no ruling on Eastman on Discipline at April 1, 2026 conference).