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Despite the license suspension, Trump’s lawyer Eastman maintains that the Supreme Court will let him continue practicing

Trump lawyer John Eastman was previously licensed to practice law in California and Washington, D.C. Both were suspended after a California State Bar judge found him guilty on all 10 disciplinary matters and recommended he be disbarred. Eastman is appealing that ruling, but in the meantime a federal judge in the District of Columbia, where he is licensed, barred him from practicing law pending a decision on his appeal.

Here in Colorado, another federal judge forced Eastman to resign from a case while his license remains suspended. He is no longer the lead attorney for the Colorado Republican Party in its lawsuit seeking to overturn Colorado’s open primary process, but remains in an advisory capacity.

However, Eastman insists there is still one court where he is allowed to practice law: the Supreme Court of the United States (SCOTUS). Despite multiple rulings and orders from judges across the country, Eastman claims that the highest court in the land has said he can continue to argue before the nine justices despite not having an active law license in Washington, D.C.

In a May 6 appearance on his election fraud colleague Joe Oltmann’s podcast, Eastman emphasized that the Supreme Court does not care about the California Bar Court’s decision.

“California is unique — it has a bar court that is all appointed by Democrats or the Democrat-controlled state Supreme Court,” Eastman says. “But the trial judge can only recommend exclusion. And then it goes to an intermediate appeals court called the Review Court, which is also appointed entirely by the Democratic-controlled state Supreme Court. And if the reviewing court disagrees with the recommendation, it ends there. However, if they agree to the recommendation, it goes to the California Supreme Court, which is the only body that can actually revoke or suspend a license. The news media just screwed it up. But the fact that a recommendation for disbarment is made means a temporary suspension of my license pending an appeal. And that’s where we are now.

“And then last week the District (of Columbia), where I am also licensed to practice law, followed suit and imposed a temporary suspension. And the Central District of California has done the same. However, the Supreme Court has made clear that federal courts are not bound by state disciplinary procedures. You must conduct an independent review of the file and we will ask for it. And the other thing is that the U.S. Supreme Court has a similar rule and when you do a temporary suspension, they issue an order to explain why they shouldn’t impose a suspension on you there too. And the Supreme Court sent me a letter last week saying, ‘Thank you for the information.’ Keep us updated.’ In other words, they’re not doing anything because they don’t believe what California has done is definitive, which justifies their review at this point. And that’s why I think this is extremely important. And most of my cases, most of my work is before the U.S. Supreme Court. And so I can continue to practice there and will continue to do so.”

The States United Democracy Center, a nonpartisan national nonprofit organization that advocates for election integrity, filed the first complaints against Eastman with the California and D.C. bar associations

Reached for comment via email, SUDC Senior Counsel Gillian Feiner issued the following statement:

“Supreme Court rules provide that attorneys will be suspended if they engage in conduct unbecoming of a member of the Supreme Court Bar Association or if another court suspends them,” Feiner said. “These are criteria that John Eastman clearly meets.”

The SCOTUS press office did not respond to an email request seeking to confirm Eastman’s claims. This article will be updated with each response received.

Eastman actually appeared in court Friday, but as a defendant. He pleaded not guilty to Arizona state charges of fraud, forgery and conspiracy related to his efforts to keep Trump in power after the 2020 election. He also faces similar criminal charges in Georgia.