The California Bar Court has recommended disbarring veteran attorney and constitutional law professor John Eastman. Eastman counseled President Trump on cases dealing with alleged election illegalities on and around January 6.
Many of Eastman’s legal arguments are novel, and much of his advice is controversial. But that’s no reason to disbar him.
It would be unethical and wrong for Eastman to support ignoring or abrogating the Constitution. But he doesn’t. His arguments recognize the Constitution’s status as the supreme law of the land. They simply advocate novel interpretations of it.
Such advocacy is at the heart of a lawyer’s job. It’s what Thurgood Marshall did in Brown v Board of Education—the case that resulted in the desegregation of schools, ending the “separate but equal” legal doctrine.
Disbarring Eastman is wrong.
It ultimately jeopardizes the right to effective assistance of counsel—and it’s profoundly un-American.