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The Lawyers Behind 1/6 Are Trying to Rewrite History. We Can't Let Them.
🕑 Added 2025-01-06 07:23:53 +0000 UTCOA1108 - A Coup in Search of a Legal Theory
We commemorate the fourth anniversary of the January 6, 2021 insurrection by remembering the two elite lawyers who bear significant personal, moral, and legal responsibility for one of the single worst days in US political history. The bad-faith legal cover Kenneth Chesebro and John Eastman provided for the “Stop the Steal” movement in the months leading up to MAGA’s violent insurrection would ultimately result in nine deaths, hundreds of injuries, and the initiation of more than 1500 federal criminal cases--but Eastman and his MAGA allies are already trying to rewrite that history in front of us. We push back in this special episode, with more to come.
January 6th House Select Committee’s final report (and supporting evidence)
Fake elector records submitted to the National Archives (via FOIA by American Oversight)
John Eastman’s first “draft” memo (12/24/20)
John Eastman’s second memo (early 2021)
Kenneth Cheseboro’s NY disbarment ruling (10/31/24)
Kenneth Cheseboro December 9, 2020 memo
John Eastman’s speech at January 6, 2021 “Stop the Steal” rally
Jack Smith’s Motion for Immunity Determination (with complete supporting brief) in Trump v. US outlining all of the many ways that Trump knew there was no fraud in the 2020 election and the entire fake elector scheme
DC federal indictment of Donald Trump for conspiring to overturn the 2020 election (8/1/2023)
Check out the OA Linktree for all the places to go and things to do!
Comments
Matt Cameron
OA1079! one of my faves
Tim H
I’m trying to find the episode where Matt talked about the Salem witch trial history. Which one was that?
Matt Cameron
Lol, can't say that surprises me from everything i have learned about the man recently but wow
Colbin Erdahl
Sorry for one more post, but I just found the best Wikipedia entry ever. On the John Eastman page, scroll down to: WIKIPEDIA EDITING ‘On January 7, 2021, Eastman edited this Wikipedia article to portray his post-election activities in a more favorable light, in violation of Wikipedia's conflict-of-interest guidelines. His edits were reverted, and on January 9 he appealed on the article's talk page, where some changes were approved but others were denied.’
Colbin Erdahl
Oh nice. Seligman did seem to have a lower opinion of Eastman on that interview. I’m looking forward to hearing more of your takes on Eastman in a Law’d Awful Golf Resort Premieres. I would ask ‘How can someone be smart enough to reach Law School Dean, yet dumb enough to concoct and argue such obviously fake conspiracy theories?’ but that’s like 49% of my fellow Americans according to the last election. Shikata ga nai.
Matt Cameron
Totally agree with all of this. For as honored as I was to get to talk to someone I have held up as a legal hero since before I could legally drink, I agree with Thomas that there is no reason at all to pull punches with a guest like that--especially when you have the element of surprise when he is coming in as a former student. Whether or not they intended this they gave Eastman the presumption of good faith, and it was painful in some of the discourse around the stupid Eastman "movie " (LAM forthcoming!) to see that interview cited as proof that reasonable lawyers could disagree on these points rather than having them be appropriately agreed upon as something that is beyond the legal pale. That said, one bright spot from that episode: co-interviewer Matt Seligman went on to be a witness against Eastman in his 35-day disbarment proceedings and from what I can tell provided really useful context for explaining why no reasonable Constitutional or election lawyer would ever give the advice he did
Status Quo Level Thing
Wouldn’t it be cool?? No, it most definitely would not be cool. 😂 I love how you guys somehow manage to make this shit hilarious. Great episode! Very important history that we must insist upon memorializing accurately, as clearly laid out here. Ps: Can’t wait for this Lawd Awful Movie!! John Eastman apologist BS.
Katie Herrmann
I didn't know this, but boy does that scan.
Austin Flake
Jack Wilenchik passed away in July.
Greenland for $1, Bob
Overall I disagree with Lessig's decision to debate Eastman as though his claims were serious, but to me the strongest argument in Lessig's favor is that the kind of person who wants Eastman to be rightly called out as a crackpot doesn't need to hear from Lessig to understand how wrong Eastman is; meanwhile the kinds of people who need to hear why Eastman is wrong to understand it would be turned off if Lessig was hostile (or just didn't have Eatman on and tore him apart in a monologue).
Colbin Erdahl
I listened to the episode of Prof. Lessig’s podcast where he and his cohost interviewed John Eastman (Another Way, ep from Sept 2021) Wow, I have so much respect for Prof. Lessig, but he really dropped the ball. As Thomas intuited, it was a high-minded lawyerly discussion (about the 12th amendment and laws governing the electors and what the VP’s responsibility is). Then I went back to Eastman’s speech on Jan. 6 (well before that podcast), where he is a nut job talking about fraud and voting machines and taking the country back. How could Prof. Lessig not ask him about that stuff and just debate with him in good faith for 90 minutes?! As Matt says, Lessig doesn’t buy into Eastman’s theories at all, and calls them out in his postscript to the interview, but never addresses the real nutty stuff. I am so curious to hear what Prof. Lessig thinks of Eastman’s disbarment and other consequences, received for crying fraud that the Prof did not even press him on during the interview (which I can only assume means he didn’t find it that bad?) I have no less respect for Prof. Lessig, but very curious to hear what he thinks about Eastman today. He also mentions that Eastman was his student many moons ago. Crazy.
Vehicular Man's Laughter slipping on icy roads BUT as DADS listeners know, you just steer into the slide and grrr-rip into it
Showing now
Greenland for $1, Bob
Whenever Eastman comes up, I like to point out how he was the lawyer that argued before SCOTUS that the police should be immune from lawsuits for failing to protect people.
Vehicular Man's Laughter slipping on icy roads BUT as DADS listeners know, you just steer into the slide and grrr-rip into it
This ep isn't showing up in my podcast app using patron RSS feed ... Might be an issue on my end and will investigate but throwing it out there just in case
Jess C
"What the devil says to Jesus in the teen bible" ...I love that you can make me laugh during such a serious episode
Katie Herrmann
I'm in Arlington, Virginia (outside of DC) watching it snow like crazy and hoping it keeps everyone at home this 1/6. The Kristallnacht memo is terrifying for a number of reasons, and the fact that it exists is certainly among them. Folks need to remember Jan. 6th, how it happened, and who bears responsibility: thanks for bringing that home in this ep! I don't expect this 1/6 will be an issue at all, but I personally won't be sticking around for Inauguration Day. My reasoning amounts to little more than a base-level fear of the unknown and vibes, but I'll happily declare myself wrong while far away from DC.
