On Thursday, Rep. Eastman will ask judge to throw out lawsuit claiming he violated Alaska Constitution clause

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On Thursday, Rep. David Eastman will ask a judge to toss the lawsuit against his ability to serve as a legislator.

Mat-Su Valley resident Randall Kowalke and the Northern Justice Project filed a “lawfare” complaint with Superior Court, saying that because Eastman has a lifetime membership with Oath Keepers, he is in violation of the Alaska Constitution’s “disloyalty clause.”

Eastman’s trial date has been set for Dec. 12, and the Dec. 8 hearing is procedural and will be conducted via Zoom teleconference at 9 am.

It’s unlikely that Judge Jack McKenna will throw out the case, even though the State of Alaska, representing the Division of Elections, has also requested the case be tossed. Eastman is represented by attorney Joe Miller.

What the Kowalke-Northern Justice Project is alleging is that mere association with a group whose leaders have been convicted of crimes makes one also guilty of those crimes.

Taking that argument a step further, if the head of a Rotary Club was convicted for running a child trafficking ring, then any member of that Rotary Club would be guilty of the same.

But Judge McKenna allowed the case to go forward, which means he also is unlikely to suddenly rule to toss it.

The Oath Keepers is a loose-knit group that is comprised mainly of people who have served in law enforcement or the military. It’s leaeer, Stewart Rhodes and another leader of the organization were found guilty of seditious conspiracy for a plot to foment political violence at the U.S. Capitol and prevent the certification of the 2020 presidential election of President Joe Biden.

The case is 3AN-22-07404CI at this link.

Judge 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. Eastman won with over 50% of the vote, and did not even have to go through the ranked-choice voting process, due to his outright victory.

In high school, Eastman was named was State Eagle Scout of the Year. At West Point, he was a member of the Cadet Honor Committee. He has served as a military police office, firefighter, and EMT. Read more about his case at his legal defense fund website.

38 COMMENTS

  1. Someone please check Judge McKenna’s past background and see what organizations he belonged to before becoming a judge. There are usually little surprises in these Democrat left-winger judge’s pasts.

  2. Let’s also check the backgrounds of all other legislators. Any radical environmental group memberships who advocated sabotage of mining or forestry equipment? Hells Angels? Antifa? And the Democrat’s favorite organization, KKK?
    .
    Why is Oath Keepers so germain, other than it’s related to Trump and an old lefty judge wants his Democrat Party’s praise?

    • Well, newly elected State Senator Forrest Dunbar is highly supportive of AntiFa. Praised a relative (sister?) in the Pac NW for her working with AntiFa. Then we have support for BLM, which would include the entire ANC Assembly and much of the School Board.

      Should the judiciary set this new precedent, I predict a lot of fun. Cheers –

      • This judge allows “anyone” to have standing to sue on the disloyalty clause grounds of the Alaska Constitution. So, someone needs to challenge Dunbar’s eligibility in the legislature, since he supported Antifa. It would make a great case.

  3. Well thank God the Alaskan Judiciary can toss out the US Constititutional right to freedom of economic association. How stoic, precious and unconstitutional all at the same time that the judiciary can guard us against association the likes of Epstein or his lady friends etc and still sit in the Senate. How terribly – special. Who are we to want ALL our unwaived Constitutional rights here in in Alsaka. Go ahead and unsecure them democrats. These are your picks. Come. Let us prostrate ourselves before you together… Is there anything else you need?

  4. Their name is literally oath-keepers. It’s ridiculous that they’ve been vilified for a peaceful tour of the capitol. I voted for Eastman because I believe it will take people like him to finally abolish the democratic party and return America to its former glory. To the REPUBLIC for which it stands, one nation under GOD.

    • Peaceful tour of the Capitol? You’re delusional. Also, please read the Constitution and let me know where it even mentions any god whatsoever.

      • Impressive showing of reading comprehension that demonstrated peak liberal educational standards we have today. Not once did I mention the Constitution, and yet you have decided to debunk my claims based on a reference I never made. Delusional from your point of view I’m sure. Facts always seem delusional to the left when they’re inconvenient.

        As to the other point, yes peaceful, watch the videos, listen to some of the congressmen who were actually present. Case in point: Andrew Clyde called it akin to “A normal tourist visit”. Congressman Andrew Clyde was in the capitol the whole day that day. Whose account do you regard as truthful? CNN? Liberal media? Emotions and feelings perhaps? God knows the truth.

        • I trust my eyes from the videos shown on all the networks, including Fox and the like, as well as the testimony of the capitol police officers who were right in the thick of the treasonous mob, not some right-wing loon of a Republican that was in the House chamber safely tucked away from the invading Visigoths. I mentioned the Constitution because of your ridiculous claim that this is one nation under GOD. What god, I have no idea, but I assume its the christian one. Either way, the supreme law of the land is the Constitution and its a secular document so read it and weep.

          • Here’s a fun question: How many of those leading the charge were FBI or intel community informants? We know that number is somewhere above zero because the FBI WILL NOT TELL US how many in their employ were embedded. Only assumption after that is to believe they led the entire thing, not unlike what they did with the Whitmer attempted kidnap plot in 2020. Thanks for playing. Cheers –

  5. Given the assaults of police officers and attacks on Federal Court Houses by members of BLM, it appears any politicians who supported them would have to be treated in the same manner.

      • Probably because BLM protestors weren’t trying to overthrow the results of a free and fair election like the Oath Keepers were trying to do. Understand the difference?

  6. Cancel culture at its worst. The fact that we have a lefty BIASED judge here in anchorage no longer surprises me. Judge McKenna has no intention of being impartial, ever, we have all had to get used to that. This suit has no merit, we all know it, Judge McKenna certainly knows it, the elections board knows it. He could easily toss this case out gracefully by taking the elections board recommendation. After all, aren’t they the ultimate authority? Isn’t it their job?
    This city kicks its own ass every Tuesday by the commie ASSembly, the state kicks its own ass every judicial election by allowing the lefty Alaska Judicial Council complete control of who can be a judge, the MISrepresentitives we send to Juneau kick our ass by depriving us of our majority vote by allowing an intentional coup at the state level.
    We the people, the citizens of this state, the voters in all our communities, we need to stop allowing them to perpetrate this fraud/abuse, at all levels of government, against all of us. Our voices count, our votes count, we count! We stay well informed at every level, then learn of back door deals and media being used to send only one point of view and an entire media blackout of the counter viewpoint
    We learn that politicians just want to be re-elected and will abandon us over big money. Mass media only provides the message they want us all to believe, if you question anything, you will be cancelled. Time to cancel cancel culture.

  7. Disgusting double standard. Agree with above comment suggesting look into judge’s background, as well as comment regarding whatever other legislators have been involved with. One wonders, whom may have supported BLM? Or any other Marxist unAmerican organizations? Truly reprehensible. And these judges sit on their little self aggrandized pedestals with zero accountability to anyone.

  8. McKenna is a graduate of UC Berkeley and is a California transplant from Sacramento 2009. One can only surmise his intentions….

  9. This is why everyone should vote “no” on every judge up for retention on the ballot, on every election day.

    We have come to a place in our history when our government and judicial system have a visceral hostility towards anyone who actually dares to honor the oath they swore to uphold.

    Let that sink in, people…….

  10. Ms Downing, could you please clarify your comparison of the Rotary Club with the Oath Keepers?
    If you are intent on maintaining debunked conspiracy theories of child trafficking, why pick on the Rotary Club?

    • The name “Rotary” implies a rotation of child trafficking. It’s an international organization. When did the Rotary Club ever come out strongly against international child trafficking?

      • YES! Judie. Rotary means a cycle of child sex trafficking. Has to be. Today the cogs revolve to underage girls, tomorrow, boys. Rotary could also mean camshafts or roasted chicken but I doubt it.

        (My wife says you were being sarcastic and I took the bait.)

  11. I’d rather see the case dismissed, but if it proceeds, I think he’ll prevail anyway. Seems better to cut to the inevitable conclusion now, before even more time and effort is expended on this Quixotic quest.

  12. In some ways there is merit to letting this run it’s course. Considering the annual capitulation by the GOP to the left, his presence is numerically inconsequential.

    Fighting this all the way to SCOTUS will put this inane claim to be one and for all.

    Pity there is no way McKenna can be punished for abuse of judicial power.

  13. This case was allowed to go forward because they want to destroy him politically, financially, and personally as an example to the rest of us. Yes, these absurd accusations should have been thrown out, as they have zero evidence of any wrong doing.
    This will require all the support we can scrape together: encouragement, prayers, donations, and even our presence in the courtroom over the next weeks when we can make it. Everyone who enjoys basic freedom must stand with Eastman now…while we still can.

    • Perhaps David needs to take responsibility that he placed his financial bouyancy in danger by taking an elected position, not a full time job.

  14. Suzann,

    My question is this,

    Did Mr. Eastman go into the US Capital or just attend the rally? If he did not partake in the stupidity of those who entered the US Capital all I see is an individual excursions his freedom to assemble. I do not see him doing any wrong here.

    Am I missing something here?

  15. David Eastman represents my district. I voted for him and he won the election. Mr. Eastman is under fire for his association with the “Oath Keepers ” From my perspective as a senior citizen having voted in many elections and been disappointed many times, I would submit that Oath Breakers are more of a problem than Oath Keepers.

  16. Suzanne, didn’t the Oath Keepers encourage members to disobey orders or mandates when “they” believed the constitution was being violated? I don’t believe Rotarian’s are encouraging child sex trafficking!

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