Court: Eastman back in Anchorage Superior Court for more hearings on his membership in Oath Keepers

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Another day in court for Rep. David Eastman of Wasilla, who is defending himself against a “lawfare” (legal political warfare) attack by the Left, which is challenging whether he can serve as a legislator due to his membership in an organization that became associated with the Jan. 6, 2021 incident at the U.S. Capitol.

Eastman’s hearing in front of Judge Jack McKenna on Tuesday at 2 pm is not the trial itself, but will involve witnesses and the question of whether the trial can be moved to Palmer Superior Court, closest to where Eastman lives. Eastman has requested a change of venue. It’s speculated by some that McKenna will rule the trial must be in Anchorage, in order to have a more Democrat-voting jury, and the Northern Justice Project, which represents Kowalke, will fight to keep it in Anchorage. The case is 3AN-22-07404CI at this link.

McKenna has ordered the Division of Elections to delay certification of House District 27 election results pending the result of the trial that he has already granted. But he also decided that Eastman could remain on the November ballot. The trial itself is currently scheduled for Dec. 12, although court dates often change.

Before today’s hearing, a crowd may gather in front of the Nesbett Courthouse in the hour preceding the hearing, as civil libertarians from the right side of the political spectrum have put out the word to rally in support of Eastman’s rights under the U.S. Constitution to have his free speech and freedom of association honored.

The case against Eastman is an attempt to get the State Division of Elections to rule that Eastman is not eligible to serve as a lawmaker, since the Oath Keepers, of which he has a lifetime membership, is deemed by some people who call themselves experts to be a group that attempted to overthrow the U.S. government. The complainants say that his membership in that group violates the “disloyalty” clause of the Alaska Constitution.

Although Eastman was in Washington, D.C. on Jan. 6, 2021, he did not go inside the Capitol, but remained at a distance with a group of Alaskans who support Donald Trump. It’s not clear he was in D.C. in his role as a member of Oath Keepers, or simply as a supporter of the former president.

46 COMMENTS

  1. Because freedom of political speech and no court jurisdiction per the letter of the US Constitution aka rule of (the) “Law” – the US Counstitition which is laid down, foundational and declared law of this American Land.

  2. I hate the fact this important issue is being waged over a grandstanding toad.

    But it’s the principle, not the man, which should be defended.

    Considering the judge involved, we’ll be lucky if this isn’t tried in SF or Portland.

    • I agree. Don’t much care for Eastman – I watched him for a couple days in Juneau. But this whole court thing is dead wrong and should be thrown out and quit wasting state money on it. And Kowalke should be billed for the harassment / court costs.

  3. Hang in there David Eastman and don’t back down. You have a lot of support and the Constitution on your side. The Oath Keepers pledge to defend the Constitution. This is a good thing. Just because some go rouge doesn’t mean all are. Just as in the Democratic party, some Democrats advocate violence and burning down cities, even killing babies at birth, so does that mean all Democrats are not entitled to serve or run for office?

    • Name one elected Democrat that advocates “violence and burning down cities, even killing babies at birth.” Please. Show me the platform. Now there are definitely some radical leftist–think Earth Liberation Front, Weather Underground, Black Panthers–but what Democrat is pleading for violence?

      • Maxine Waters and Cori Bush are two that come to mind right away. They’ve both been on video urging protesters to violence. Cori Bush won’t even use the word mother for women, just “birthing people”. I’d have to look for a direct quote, but I’m sure she doesn’t want to protect baby lives.

      • -Cynthia Jones D-MI “make them pay” referring to Trump supporters.
        -Nancy Pelosi D-CA “be ready to throw a punch”
        -Eric Holder, former self proclaimed Obama wingman “when they go low, we kick them”
        -Hilary Clinton D-NY. “ you can’t be civil”
        -Corey Booker D-NJ. “get up in the face of some Congresspeople”
        -Ted Leiu D-CA “take to the streets”
        -Joquain Castro D-TX “fight him in the streets” referring to Trump
        -Jon Tester, D-MT “punch him in the face” referring to Trump.
        -Maxine Watters D-CA. Too many to count.

        Not that hard if you actually look for it.

      • Not your best comment there MRAK Fan.
        There are plenty of examples out there. A quick on-line search will provide them.
        .
        Pro tip. Challenging someone when you have not done any research will always boomerang against you.

  4. Eastman should cite the First Amendment. If he loses, appeal the verdict all the way to the US supreme court. I will contribute to a fund to pay his legal fees.

    • Hey Greg, you’ve all ready paid. Eastman is the MAIN Reason we got a Partial PFD. I hope he wins his case. As a resident and former Eastman voter, and supporter, I hope he loses the election. He Broke His Oath to me to support a full PFD. His side of the story is Political Mumbo Jumbo I’m Voting Stuart Graham, he’s better than Eastman without all the BAGGAGE. STU GRAHAM IS THE MAN.

  5. Well, you got the part right about being part of the “Oath Breakers”–maybe reading too many comments on here? But he certainly did break his oath to office when he supported subverting a free and fair election and the peaceful transfer of power. I mean, he supported violating the U.S. Constitution, all the while declaring his loyalty to it.

    Maybe Representative Eastman will get lucky and the libertarians rallying at the court house will go on a nice little tour through the building, like they did in D.C. almost two years ago. Just a peaceful tour of freedom loving Americans. It’s not like that building has any substantial defenses.

    • Perhaps you should consider your statement more carefully. You have the right to free speech because we live in America. These rights are going to disappear if folks like you continue to procreate and push the democratic narrative. Your rights will be forfeit as much as anybody else’s.

    • Fan,
      At what point is a US Presidential election over? US reporting outlets have nothing to do with it, neither Brian Stelter, Don Lemon, Tucker Carlson or any other newscaster. Hint: The answer is in the US Constitution.

    • Using this asinine standard, Hilary, Gore, Raskin, and so many more democrats are headed for jail.

      Questioning a result, even protesting against it, isn’t subverting an election.
      Cankles herself used to run around screeching “dissent is patriotic”

      Try harder. Maybe team up with Frank and the Dog.

  6. Freudian slip Suzanne?: “The case against Eastman is an attempt to get the State Division of Elections to rule that Eastman is not eligible to serve as a lawmaker, since the Oath Breakers, of which he has a lifetime membership, is deemed by some people who call themselves experts to be a group that attempted to overthrow the U.S. government.”

  7. Look at Biden and Pennsylvania’s Fetterman, one has age related dementia while the other had a stroke. They are both unfit for office, yet we hear nothing about their ailments. Eastman is suffering guilt by association and has freedom to speak and right to assembly. Was Eastman in the Capital building? No, Antifa and the Oregon Anarchists sure were.

  8. Simple fact is, the Oath Keepers have never been declared a terrorist organization. That’s the only designation that legally counts, here. Any other ‘names’ they have been given hold no legal standing. That being said, just having a membership in an organization, which is NOT a terrorist organization, is not an illegal act. But leveling charges on an individual for that membership, IS an illegal act.
    Stand strong. It may take a while, but eventually this case will be thrown out by actual judges/lawyers that have the ability to follow laws.

  9. I have never seen this many grown a** adults behaving like a bunch of bullies and little punk kids who run a mock tormenting their neighborhoods! The only reason why he let him stay on the Nov ballot was because it was his sorry attempt to “seem” unbiases rather he should’ve just done what a real honest & “for the people” type judge would’ve done and dismissed this asinine shady & low life farse of a case!! And, then allow the voters to make the decision in November, as it should be and yet this is one more example of how our current so called “representatives” have taken the Alaskan communities, FORCED their democratic ways upon us! WE, ALASKANS DO NOT WANT TO BLEND INTO THIS TWISTED WAY OF LIFE TO WHICH THESE DEMOCRATIC, SELF-SERVING, DISLOYAL, AND HIGHLY DARK IN THEIR SOULS OF POLITICIANS HAVE FORCED THE MAJORITY OF THE COUNTRY!!! DO YOUR DAMN JOBS, THAT’S SPEAKING FOR YOUR STATES’ PEOPLE & STOP ACTING AS IF YOU ARE TRULY REPRESENTING YOUR STATE FAITHFULLY!!
    Enough is enough of this forcing of the hands of the people in this country and let’s get back to some down to earth, god fearing, food providing, hard working, money earning types like ourselves (the common folk) in office so that the USA can be represented appropriately and with dignity!!!

  10. Judging from some of the comments on MRA as of late. It seems that most of the staff from the defunded ADN (both of them) have so much time on their hands that they’re spending it here trolling. I wonder how many aliases they sign in under ……..

      • At least they are seeing that they do not represent the majority, and their views don’t really make sense, or are logic based.Hopefully. But a squirrel goes to great efforts to hide its nuts. Mark Twain.

  11. I appreciate David Eastman for having the courage to stand for his convictions. His voice is a valuable addition to our Legislature. Judge McKenna, not Eastman.

  12. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievences.

  13. The left can’t beat Eastman at the ballot box so they’ll resort to this stunt. Eastman is on solid legal ground, its only a matter of time.

  14. All three members of the Juneau delegation (two Representatives and one Senator) have violated their oath of office, all voted to ignore the legal tenants of Alaska statutes, and all voluntarily belong to a subversive cult dedicated to the overthrow of our constitutional republic (aka; The Democrat Party). Who do we go to for legal redress?

  15. Eastman gets nothing done for his district which his voters must want. That is not against the Alaska Constitution What a waste of time and $

      • Well, a dedicated leftist will say it is because he’s a Republican. Take a look at some of the leftists on this site. “A vote for a Republican is a vote against democracy” paraphrased quote from one of my favorite leftists on MRAK.
        .
        Being on the right side of the political aisle is enough for a leftist to toss out the traitor tag.

  16. If you don’t like him, vote him out. Trying to use the courts to prevent him from running (originally), and now to prevent him from being seated, shows a lack of respect for the Constitution.

  17. Still not a peep about the Anchorage Assembly’s love affair with the criminal & fraudulent Black Lives Matter! Maybe it is time for the State AG to go on the offensive. A two-tiered justice is is a very bad optic nowadays.

  18. I support David Eastman, I believe that any decent Civil Libertarian would do the same. Whether you like David’s politics or hate his politics or just don’t like the cut of his jib isn’t the issue here. The issue is that a group which hates Eastman is attempting to disenfranchise the majority of voters in Eastman’s district. Evidently this hater of Eastman group has found a sympathetic Judge who was appointed to the bench by four Democrats, excuse me, I meant members of the Alaska Bar Association. Did you really think the judiciary isn’t political?

    Despite the slick multi-million dollar ad campaign telling us to vote No On 1 maybe we really need a Constitutional Convention, if only to change who picks our Judges!

  19. I agree MB. I hope to vote him out. He made an Oath to us in his District to vote for a full PFD. When it was handed to him in the Vote for the Budget at the end of the Session .HE VOTED AGAINST IT. The Session ended, The Budget had NOT BEEN PASSED because of Eastman—He was one of the three last decieding votes. The Budget went to a 3 Anti Full PFD Committee where it was almost cut in half. Eastman SCREWED ALL ALSKANS OUT OF $2,000. I hope he wins his case with against the FEDS. I HOPE He loses his State Election—For lying and breaking his promise to me and the voters in OUR DISTRICT. Stuart Graham is running against Lieing Eastman.. Stuart Graham is an honest hard working man, now serving on the Wasilla City Council, he’s pledged to a full PFD. I Will Be Voting For Stu Graham. GRAHAM IS THE MAN.

  20. This lawsuit should have been dismissed out of hand as a politically motivated nuisance case. The Oath Keepers have never been PROVEN to be anything other than what they profess to be – a group of Americans who stand by their oath to uphold and defend the Constitution and January 6th has never been PROVEN to be anything other than a huge gathering of Americans exercising their constitutional right to assemble that got out of hand. The ACCUSATIONS of insurrection or attempts to overthrow the government have never been PROVEN yet here we are trying to crucify a peripheral member of a group that requires adherence to our Constitution. What a pathetic perversion of our justice system that is emblematic of our new America where mere accusation is sufficient to destroy someone. Guilty until proven innocent.

    • “The ACCUSATIONS of insurrection or attempts to overthrow the government have never been PROVEN”. Not true PJ. The evidence is OVERWHELMING. Watch, or read summaries of the January 6 hearings.

      Oath Keepers, Trump and his horsemen tried to overturn the constitution, not defend it.

      • Lucy! Overwhelming Bovine Excrement, right? Seriously honey buns you should go back and learn a thing or two about evidence, cross examination, discovery and so forth.
        But hey, my personal favorite was how Trump beat up the Secret Service guys and from the back seat reached over to grab the wheel and then turn the SUV back to the Capitol!

        Lucy, it’s called Political Theater, and really bad Political Theater at that. But what it really is, is a disdain for the American Electorate, and worse yet an arrogance, a display of how they believe themselves to be so much smarter then the American People.
        Well, maybe some people bought their load of fertilizer, I know that you are smarter then that Lucy, think upon it a bit more.

  21. Let me see if I have this right.
    A person is a member of a group that has thousands, perhaps tens/hundreds of thousands of members nationwide. A few of those members have done some less than desirable things, up to and including committing capital crimes.
    .
    That makes ALL members of that group criminals?
    .
    Do I now have permission to treat everyone with the same standard? All gays are groomers because a few are. All muslims are terrorists because a few are. All blacks are gangbangers because a few are.
    .
    Or should I continue to be an adult and continue to say one person is not to be held responsible for the actions of others.

    • CB: your attempt to paint yourself as a mature (not errant five year old), fair and principled man failed by your choice of examples. Though you don’t mean to, you imply that gays, blacks and Muslims are bad.

      What if I, a liberal (not a leftist thank you very much), had tried your same argument by saying that all conservatives aren’t evil fascists just cuz some are or all Christians aren’t hypocritical, sexually stunted busybodies just cuz some are.

      See what I did there? I made an accusation under the guise of fairness and neutrality.

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