Late yesterday, the State Bar of California announced that Orange County attorney John Eastman (above), a former law school dean, law professor, and a long-time respected member of the bar, is the target of a disciplinary investigation into whether he violated laws while advising President Trump on options available to him in the wake of his election defeat in 2020. Eastman wrote two legal memos that advised Vice President Mike Pence that he could declare that the results in several states were disputed and therefore their electoral votes would go uncounted. The State Bar’s chief trial counsel, George Cardona, announced that Eastman has been the center of an investigation since September, saying in part, “A number of individuals and entities have brought to the State Bar’s attention press reports, court filings, and other public documents detailing Mr. Eastman’s conduct.”
That’s odd: bar investigations of ethics complaints are supposed to be confidential, so complaints can’t be used as political weapons or to impugn lawyers’ reputations. Why is Eastman being treated this way? Oh, I’m sure there is some fine print exception somewhere, but the real reason is obvious from the LA Times story headline yesterday: “Breaking News: Trump-connected lawyer John Eastman under investigation.” Eastman is “Trump-connected,” so it’s guilt by association, a Joe McCarthy specialty and a favorite tool of despots for centuries. Beware, any lawyers out there prepared to give counsel, representation and legal assistance to He Whom Progressives Hate and Fear! There will be consequences. Continue reading





No, I’m not kidding, and this is not a hoax. 


“The First Amendment, and whatever the Canadian equivalent is (however weakly codified) does not protect actions that interfere with lawful commerce or disturb the peace to the point of mischief.”
Well I’m glad you asked!
Canada also has a constitution, although ours wasn’t predicated on the same base narrative as America’s. As an outsider looking in, America’s constitution is almost paranoid in nature, usually you don’t draft the founding documents to a nation’s governments under the auspices of governments being tyrannical and specifically with an emphasis on protection from that tyranny. I make no negative values judgement there…they work, in a stiffly rugged way. To highlight the differences between Canadian and American constitutional theory: Where the founders wrote “life, liberty and pursuit of happiness” in America’s declaration of independence, Canada’s founders instead wrote in “peace, order, and good governance”.
Our Canadian constitution is more malleable, and over the years, it’s been broadly re-imagined. Instead of enumerated amendments to the constitution, in 1982, Canada codified our rights in a portion of our constitution called “The Charter of Rights and Freedoms”.
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