The State Bar of California is investigating John C. Eastman, a former Trump legal adviser, for possible legal and ethical violations.
According to the bar, the election may have violated California law and attorney ethics rules, which could have been overturned with the intervention of then Vice President Mike Pence.
The bar's Chief Trial Counsel George Cardona said in a statement Tuesday that the investigation began after people and entities alerted the bar to news reports.
The investigation will help determine whether to file a notice ofDisciplinary charges, which could lead to a hearing before the State Bar Court of California.
The State Bar Court can recommend to the California Supreme Court that an attorney be disbarred if they are convicted of professional malfeasance.
The bar announced that details of the investigations will not be released so as to comply with statutes and to give the investigation the best chance of succeeding.
He was not available for comment.
A member of Donald Trump's legal team, Eastman authored a confidential memo detailing a plan for reversing the 2020 presidential election. The plan would have allowed him to disregard the electoral votes of seven states and declare Trump the winner. In order to put Vice President Biden over the finish line, Eastman repeated false claims that election officials broke the law. The University of Colorado banned him from speaking after he resigned from a tenured professorship at Chapman University. In response, Eastman lodged a legal claim demanding $1.85 million in compensation for "reputational harm", which he said was caused by the university because of his political affiliation. In October, a group of 25 current and former lawyers, judges and other scholars and officials submitted a formal complaint to the State Bar of California, accusing Eastman of violating the bar's rules of conduct by participating in an attempt to overturn the election. The investigation had not yet been made public.
In a 2020 Newsweek opinion piece, Eastman argued that Harris might be ineligible for the vice presidency because she was born to immigrant parents who were not lawful permanent residents of the U.S. The 14th Amendment was rejected by most experts. Trump praised Eastman for his work, even though he didn't endorse or reject it.
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