One of the strengths of our constitutional republic is everyone gets their day in court – even those whose actions could have undermined the foundations of democracy. So it goes for former Chapman University law professor John Eastman, the Donald Trump ally who crafted a chilling legal blueprint for overturning the 2020 presidential election.
It’s been more than a year since the January 6 Capitol riot, when angry supporters of the former president mobbed our seat of government, committed assaults, destroyed property and engaged in various criminal activities. The feds continue to prosecute people who participated in the lawlessness. That’s appropriate.
But the nation still needs a thorough airing of the run-up to the events – if for no other reason than to perhaps prevent it from happening again. Toward that end, the U.S. House of Representatives convened a select committee that issued subpoenas to glean testimony and documents from key Trump associates, including Eastman.
Eastman sued in federal court, claiming First- and Fourth-Amendment protections. “(T)he committee is attempting to exercise a law enforcement function, rather than a legislative activity,” he added. Eastman claimed the committee is “highly partisan” and its subpoena violated attorney-client privilege.
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We rarely agree with Slate magazine, but it’s right that the attack “didn’t come out of nowhere,” but was “a response to the concerted attack on 2020’s election results. … No law professor played a bigger role in (the) plot to overturn the election than John Eastman.” There’s much to learn from Eastman’s correspondence.
Eastman’s former employer, Chapman University, is complying with the subpoena regarding his university email account. Last week, Judge David O. Carter rebuked Eastman’s challenge and said the court expects “the parties will work together with the urgency that this case requires.” Carter called for progress reports.
We’re not surprised that a man who developed that crazy post-election memo would keep his correspondence hidden, but we’re glad a court had a chance to consider his arguments. Now if Eastman is as concerned about our constitutional system as his career suggests, he should promptly comply – and testify publicly about what transpired.