Colorado Politics

Facing ejection from Colorado case, John Eastman withdraws as attorney

Attorney John C. Eastman, who faces both professional discipline and criminal charges for his role in attempting to overturn the results of the 2020 presidential election, withdrew as an attorney from a Colorado case on Friday before a federal judge could terminate him from the litigation.

Under the rules of Colorado’s U.S. District Court, an attorney cannot be in “good standing” to practice if they are not in good standing everywhere else they are admitted to practice. Eastman is currently on “involuntary inactive status” in California, after a state judge concluded earlier this year that Eastman’s attempts to subvert the presidential election on former President Donald Trump’s behalf merited his disbarment.

On April 9, the clerk’s office for the district court notified Judge S. Kato Crews that Eastman, one of the attorneys on a constitutional rights lawsuit out of Colorado Springs, was “no longer considered in good standing” because of his discipline in California. Crews, in turn, directed Eastman to explain why he should not be removed as an attorney from the case.

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Eastman initially asked for extra time, citing his intent to appeal his California discipline. But Crews pointed out Eastman’s inactive status meant he was not currently in good standing, regardless of the outcome of any appeal. Crews gave Eastman until May 10 to respond to the clerk’s notice.

On Friday, Eastman informed Crews he had asked the clerk’s office for the district court to revisit its determination that he was not in good standing.

“Nevertheless,” the filing continued, “Dr. Eastman has, after consultation with his client and co-counsel, determined to withdraw as attorney of record in this matter. He will file a renewed notice of appearance should the Clerk’s withdrawal of good standing be reversed.”

Crews immediately granted Eastman’s request to leave the case. The California judge who recommended Eastman’s disbarment rejected his attempt to temporarily lift his inactive status last week.

Eastman was the visiting scholar in conservative thought and policy at the University of Colorado Boulder during the 2020-2021 school year. He also advanced unfounded allegations of voter fraud and election irregularities in multiple swing states after the 2020 presidential election. Eastman then drafted memos providing a legal justification for then-Vice President Mike Pence, when presiding over the counting of electoral votes in Congress, to reject swing state votes for Joe Biden and keep Trump unlawfully in office.

After a lengthy trial in California last year, State Bar Court Judge Yvette D. Roland found Eastman had committed misconduct for dishonesty, failure to support the laws and Constitution and “moral turpitude.”

Eastman faces criminal charges in Georgia in an indictment that alleged he and several others schemed to overturn Trump’s loss to Biden. Last month, an Arizona grand jury also indicted Eastman and other Trump allies for similar conduct.

In addition to the lawsuit assigned to Crews, Eastman is also counsel to the Colorado Republican Party in its challenge to unffiliated voters’ ability to participate in primary elections, assigned to Chief Judge Philip A. Brimmer. To date, Brimmer has not indicated Eastman will be removed as counsel.

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