Politics John Eastman Is Not a Victim of Cancel Culture

13:00  23 october  2021
13:00  23 october  2021 Source:   theatlantic.com

John Eastman Is Right, His Election Memo Was “Crazy”

  John Eastman Is Right, His Election Memo Was “Crazy” It is shocking that such an absurdly antidemocratic theory ever rose to political prominence. The survival of the United States as a constitutional democracy requires that we decisively reject it forever.

I am a lifelong conservative. For the past 20 years, I have been a leader in the Federalist Society. I was nominated by President Donald Trump three times to serve as a federal judge, though I never secured a hearing, because then-Senator Kamala Harris blocked my nomination. I did not vote for President Joe Biden in 2020, and I hope he is defeated in 2024 by a principled and ethical conservative Republican.

  John Eastman Is Not a Victim of Cancel Culture © Jacquelyn Martin / AP

But I also believe that Biden won the 2020 election fairly. Those who are enabling Trump’s ongoing effort to challenge the legitimacy of the election—John Eastman chief among them—should be rejected by all conservatives who love their country. He and others like him pose a clear and present danger to the health of our republic.

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Following the election, Eastman represented Trump in challenging the election results on the basis of unsupported claims of fraud, and urged Vice President Mike Pence to block the electoral-vote count in Congress. These actions crossed a serious line because they sought to overturn the will of the voters. Now he is complaining about supposedly being deplatformed by the Federalist Society. He has specifically called me out, writing, “Some of the more vicious attacks on me have come from Federalist Society leaders like Jeremy Rosen, with no rebuttal opportunity afforded to me.” An email I wrote in the aftermath of the events of January 6, criticizing Eastman, was reported in the press, but I was far from the only conservative to make such points. Thus, I am not sure why he is singling me out.

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[Adam Serwer: Trump’s plan for a coup are now public]

It gives me no joy to fight him on this. I have known Eastman for roughly 20 years and considered him a friend. We were connected on Facebook, we have many mutual friends, I contributed to his campaign years ago for California attorney general, and each year for about a decade, I invited him to participate in the annual Supreme Court roundup event sponsored by the Los Angeles Lawyers Chapter of the Federalist Society.

I also want to make clear that, although I have been a volunteer leader in the Federalist Society for more than 20 years, I do not speak for the organization. Speaking for myself, I believe that principled conservatives need to take a stand against those in the conservative movement who have shed actual conservative principles to peddle a false and dangerous narrative.

Many of Eastman’s critics on the left lack credibility, given their reprehensible silence during previous dangerous stunts by Democratic members of Congress who objected to counting the electoral votes legitimately won by George W. Bush in 2000 and 2004 and by Trump in 2016. That the Democrats who so irresponsibly attacked previous election results were fewer in number than the Republicans now doing the same does not minimize the dangerous precedent set by such antics. Principled conservatives who properly objected to the attempted assault on the rule of law in prior elections should do so again here.

Jan. 6 panel plans to subpoena Trump lawyer who advised on how to overturn election

  Jan. 6 panel plans to subpoena Trump lawyer who advised on how to overturn election The panel investigating the riot at the Capitol on Jan. 6 is planning to subpoena attorney John Eastman, who advised former President Trump and former Vice President Mike Pence on overturning the 2020 presidential election, The Washington Post reported. Rep. Bennie Thompson (D-Miss.), the committee's chairman, confirmed in an interview Tuesday that Eastman will be subpoenaed."It will happen," he told the Post.The committee also requested documents and communication related to Eastman's legal advice and analysis on How Trump could overturn the election results and remain in office.

The genius of our Constitution is in its separation of powers among the three branches of government and among the federal government, the states, and the people. Our system can survive only when all three branches of the federal government adhere to the rule of law and do not arrogate to themselves powers not granted to them by the Constitution. That is why judges need to apply originalist and textualist principles to ensure that they do not become unelected tyrants imposing on the nation their whims disguised as constitutional law. Likewise, presidents and members of Congress need to respect the will of the voters and not seek to retain power through extra-constitutional means.

In his January 6 speech to the mob that would ultimately storm the Capitol, Eastman claimed that many voting machines had a secret folder that included additional votes for Biden. According to Eastman, after all the votes were in, those secret votes were assigned to people who hadn’t voted, in order to push Biden over the top in multiple states. The Trump campaign pursued at least 50 unsuccessful legal challenges to various state Electoral College slates along similar lines. Many of those cases were decided by conservative judges, some of whom had been appointed by Trump himself. There is simply no evidence that the voting machines in multiple states, including those with Republican Secretaries of State, were altered to manufacture votes for Biden.

Jan. 6 committee plans to subpoena the lawyer who advised Trump on how to get Pence to overturn the election

  Jan. 6 committee plans to subpoena the lawyer who advised Trump on how to get Pence to overturn the election The lawyer John Eastman had told Trump's legal team that then-VP Mike Pence could reject votes cast for Biden. The House January 6 committee plans to subpoena the lawyer who advised then-President Donald Trump on how to get then-Vice President Mike Pence to overturn the 2020 election results, the committee chairman told The Washington Post. Bennie G. Thompson told the outlet on Tuesday of subpoenaing John Eastman: "It will happen."Eastman authored two memos that outlined scenarios for how President Joe Biden's election victory could be overturned.

[David A. Graham: The new Lost Cause]

Eastman also prepared a six-page memo for Pence, arguing that Pence had broad powers to stop the Electoral College–vote counting in the Senate. Eastman asserted that the vice president had the authority under the Twelfth Amendment to determine on his own which Electoral College votes were valid and to count only those, thus giving the election to Trump. This theory does not hold up to basic scrutiny. Applying originalism to interpret the Twelfth Amendment, Derek Muller, a professor at the University of Iowa and a prominent conservative election lawyer, explains that the vice president lacks any authority other than to announce the votes that have already been counted by Congress. Indeed, in 2000, Eastman himself argued that Vice President Al Gore did not have power over the counting, because only both houses of Congress possess such authority. If Gore lacked the power to challenge the counting of Electoral College votes he disputed to deprive then-Governor Bush of the presidency, so too did Pence with regard to Trump.

Finally, Eastman seeks to tie his alleged deplatforming by the Federalist Society to the legitimate and real problems caused by the cancel-culture movement on the left. Recent events at Yale Law School and MIT, for example, show that there are some progressives who wish to silence anyone who thinks differently from them. As David Lat and others have noted, threats to deplatform people because of disagreement with their message harm free speech and public discourse. Conservatives also have engaged in attempts to cancel those with whom they disagree, and such efforts are just as wrong.

But what Eastman complains about is not cancel culture. Eastman actively sought to help Trump steal an election he did not win. Had they succeeded, the peaceful and orderly transfer of power that is the hallmark of any democracy would have been threatened for the first time in our nation’s history. Seeking to subvert and damage our democracy is not the same as speaking freely, and it does not warrant any platform. Once our nation’s leaders refuse to be bound by the rule of law, the entire underpinning of our liberal democracy is lost.

The 2020 election was bitterly fought. Many people, including myself, had real concerns about the Biden-Harris agenda. But the fact that one is ultimately unhappy with the winner of a national election does not justify overturning the will of the voters. Principled conservatives should accept the legitimacy of the election, actively oppose Biden’s many bad policy proposals, and work hard to ensure that a Republican wins the next election, fair and square.

Trump’s Invasion of the Body Snatchers Ate the Republican Party .
It’s Halloween, which is comforting, because the post-apocalyptic vibe going on in our politics can at least be written off as ambiance. I’ve specifically struggled to come up with the perfect analogy to explain how otherwise normal conservatives turned into Donald Trump apologists, but the best example is The Invasion of the Body Snatchers. A few years ago, conservative writer Jonah Goldberg made this very observation. Joking about his then-colleagues at National Review, Goldberg wrote, “I live in constant fear that I will run into Kevin Williamson, Charlie Cooke, or Rich Lowry and they will start telling me that Donald Trump is a serious person because he’s tapping

usr: 1
This is interesting!