Summarizing the extraordinary events surrounding the 2020 election, the California State Bar Court’s review decision issued a decision in June 2025 recommending that President Trump’s election attorney, John Eastman, be disbarred. Tim and Jeff unpack.
- Was Eastman merely theorizing, or actively advocating for a constitutional end-run?
- What is the difference, anyway, whether Eastman represented the President—an office that plays no constitutional role in the VP’s role regarding the electoral votes?
- Eastman’s interpretation of the 12th Amendment was not supported by scholars—but also not judicial foreclosed. Does advocating it warrant disbarment? (The equal-protection argument in Bush v. Gore was similarly off-the-wall, yet successful!)
- Eastman’s factual claims were not well-supported. But on the other hand, did the unique circumstances and recent election-law innovations promote a flurry of suspicion—with too little time to vet before challenges would be moot?
- The bar court says Eastman should have relied on "true experts"—what is that?
Jeff and Tim (nervously) debate the implications of the ruling.
Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.
Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.
Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.
Other items discussed in the episode: