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.
