John Eastman, a lawyer affiliated with the Claremont Institute, a fascist think tank based in California, declared he’ll defy a House subpoena related to the January 6 insurrection, CNN reported on Friday, December 3, 2021 (see story here).
The committee is very interested in what Eastman might say under oath, because he’s the lawyer who drafted what the infamous “Coup Memo,” a pseudo-legal theory that Pence didn’t have to certify the election as the Constitution requires. (You may recall that Pence called former Vice President Dan Quayle to get permission to follow the Constitution; see article here.)
Eastman doesn’t want to talk about the Coup Memo, at least not under oath, in a House hearing, court hearing, or any other hearing; although he was more than voluble about it in the Oval Office surrounded by coup plotters.
In fact, he’s outraged by the mere suggestion of testifying. Replying to the committee, his lawyer said, “Dr. Eastman has a more than reasonable fear that any statements he makes pursuant to this subpoena will be used in an attempt to mount a criminal investigation against him,” which would seem strange given he’s made it clear he’ll invoke the Fifth Amendment and won’t make any statements. Except he probably realizes, as House counsel does, that the committee can get around this by granting him immunity from prosecution in the interest of getting to the bottom of the Trumpian coup plotters’ efforts to seize power.
But that’s not all. Appearing on Steve Bannon’s podcast, Eastman said, “I mean, this is the most far-reaching intrusion on First Amendment and Fourth Amendment rights I’ve ever seen.”
His solicitude for 1A and 4A rights is nice, but don’t forget this guy sat in the Oval Office plotting to overthrow the Constitution. Hardly anyone in this country deserves those rights less than he does.
And to heighten the irony, the Claremont Institute he draws a paycheck from (after being fired from his law school teaching job for fomenting subversion) contends “the Constitution is really only fit for a Christian people” and if you’re not a fascist freak like them, you’re not an “American” (see article here).
I can’t stop laughing. The best part of all this is that smarter lawyers than him will argue to the courts why this subpoena should be enforced.