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Trump Lawyer Eastman Likely to Lose Fifth Amendment, Stay Bids - Bloomberg Law

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John Eastman likely can’t escape testifying about memos he authored suggesting that the vice president could reject electoral votes to declare Donald Trump the winner of the 2020 presidential election, a state bar judge said Thursday.

During the seventh day of testimony in Eastman’s trial on ethical and legal violations, Judge Yvette D. Roland tentatively ruled to deny the former Chapman University law dean’s motion to invoke the Fifth Amendment or stay the proceedings.

  • Roland said the “key measure” for her ruling, likely released Friday, is that Eastman “waived his Fifth Amendment privilege against self-incrimination by testifying for over eight hours at the outset of this disciplinary proceeding”
  • Eastman, under criminal indictment in Georgia on racketeering charges in the plan to declare Trump the winner of the presidential election, could be called to the stand Friday before the trial takes a break and resumes Sept. 5
  • Eastman’s attorney, Randall Miller, said the recess gives the defense “an opportunity to look at what those options are,” which may include an interlocutory petition to the State Bar Court’s Review Department

The Office of Chief Trial Counsel represents the bar. Miller Law Associates represents Eastman.

The case is In Re John Charles Eastman, Cal. State Bar, No. SBC-23-O-30029, hearing 8/24/23.

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Trump Lawyer Eastman Likely to Lose Fifth Amendment, Stay Bids - Bloomberg Law
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