Rep. Eastman trial to go ahead on Monday, judge says

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Superior Court Judge Jack McKenna has turned down Rep. David Eastman’s request to toss the lawsuit challenging his qualifications to continue serving as a legislator.

On Friday, the judge released his ruling after the previous day’s hearing during which the Wasilla lawmaker argued for the dismissal.

Eastman, the lawsuit says, should not be seated as a lawmaker because he is a member of the Oath Keepers, a group of primarily former military and law enforcement personnel who are defenders of the Constitution.

The leader of Oath Keepers and another person involved in the group have been convicted of seditious conspiracy for trying to overthrow the government in the events of Jan. 6, 2021, when hundreds of Americans surged into the U.S. Capitol to disrupt the certification of the presidential election.

There are believed to be between 5,000 and 38,000 members of Oath Keepers in America, but it is a loose-knit organization. There are reportedly about 250 member of the group in Alaska.

The complainant in the lawsuit, Wasilla partisan political activist Randall Kowalke, asserts that mere membership in the group disqualifies someone from serving in the Legislature or any public office, due to the “disloyalty clause” of the state Constitution. If Kowalke succeeds in that argument, even a municipal worker could be removed from an official position, if he or she is a member of Oath Keepers.

The trial is set to begin Monday in Palmer, which is closer to where Eastman and Kowalke live. The Northern Justice Project is representing Kowalke, and Alaska attorney Joe Miller is representing Eastman. If the ruling goes against Eastman, the matter is surely headed for an appeal.

McKenna said that the disloyalty clause applies only to “unprotected association, speech, and conduct,” and that Kowalke will need to prove that the Oath Keepers are an organization not only advocating overthrow of the government by force, but that the group has in fact “engaged in such conduct.”

Eastman won his most recent race with 52.3% of the vote, with two other Republicans running against him in what is a deeply Republican part of the state.

56 COMMENTS

    • Eastman is the defendant, not the plaintiff. The Constitution is clear in this matter. 70% of the votes cast voted against a Constitutional Convention. Personally I believe it should be up to the voters in his district

    • Masked Dude: The judge declared in the runup to that the trial that the disloyalty clause applies only to “unprotected association, speech, and conduct,” and that Kowalke (the guy trying to stop Representative Eastman from taking his seat in the Alaksa House), will need to prove that the Oath Keepers are an organization not only advocating overthrow of the government by force, but that the group has in fact “engaged in such conduct.”

      What if the court determines that Kowalke has proved the two points made above? Would that be a corrupt ruling? And even if the trial court finds the Oath Keepers are advocating overthrow and engaged in an overthrow, what if the Alaksa Supreme Court overturns the ruling and sanctions Eastman’s election so he can serve in the Alaska House. Would that be a corrupt decision?

      Maybe for once you could engage in real analysis and wait to see how this plays out before popping off with your usual nitwit diatribes disconnected from reality. You appear to be living in a fantasy world of your own making. Consider sticking to video games in mom’s basement or wherever you are spending most of your time instead of yammering on about legal and political matters about which you have little or no apprehension.

      • I’m so your daddy.

        You have such an obsession with my mom it’s disturbing. Since I’m your daddy, it’s nearly incestous.

        I’d go further (I’m on the toilet and in the perfect location to give your “commentary” the weight it actually deserves, but…

        1-I won’t validate you.
        2-If I did, SD would probably put me in some kind of timeout out of sympathy for you.

      • Wow. Imagine if this was a democrat supporting Antifa, which actually wants to overthrow the US government. Suzanne Downing has more intelligence and political experience than you even imagine you have. Anyone that does not know the judicial system in AK is left leaning has not read the rulings for the last 10 years. It is a known fact. Just do your research instead of demeaning people that have a different opinion than you. Don’t like Must Read, cancel it. Are you going to say that the Antifa riots were not to overthrow the government but Jan. 6 was? Can’t ignore the other side and make the judgments you have. I agree there were some real idiots in the Jan 6 riot but what about the involvement of the FBI? There is proof of that.

  1. Just read the Oath Keepers mission statement, not one word about overthrowing anything or anyone. Not one hateful or hurtful word. They are not a militia, they are civic organization. Do they have some bad actors or hotheads? Perhaps, so does the FBI, the ATF, the IRS, your local police. Ok, the rule of law will deal with them. The law cannot be upheld by violating it, not even by a Judge.

    • Why just listen to Don Trump tell you what a great guy and president he has been. Not one word about trying to overthrow an election.
      Why Stewart Rhodes will likely be up for a world peace award next. Heheh!

    • The key word in the Alaska State Constitution is “association” The leader of the Oath Keeprs has been convicted of sedition, Eastman has not dis-avowed his “Association” with the Oath Keepers. The Oath Keepers mission statement is to defend the Constitution against adversaries. Kiwani’s and Lion’s Clubs are Civic Organizations, conflating the Oath Keepers with Civic organizations is laughable.

      • ‘The Oath Keepers mission statement is to defend the Constitution against adversaries.’

        That’s a bad thing? At last count, something like 50% of Alaska’s population either is, or has been, in the military. That means that half of our states population has taken that oath. I’ve taken that oath, but obviously you have not. As someone that has NOT stood up and given time/effort/personal life in service to this country, perhaps you can explain why 50% of us, that have, are horrible people. By your reasoning, we are ‘associated’ with the oath keepers and should be imprisoned.

        Please, Comrade, enlighten us on the dangers of our Constitution.

  2. Just because a bunch of entrenched Deep State vermin have decided to label January 6th a fictitious and Fake over take of the Government doesn’t mean it is true, all it says is these people trying to push that narrative will do anything possible to destroy peoples lives who are totally on to their corrupt and evil over reach, Jan 6th was a unorganized protest thats all it was, nothing more. The real dangerous people in this Country are these entrenched and hypocritical loons who use Goverment power to destroy and indoctrinate the public. Their policy appears to be you will fall in line with our veiws and our descriptions of all events or we will do whatever possible to destroy you, this is so obvious it’s actually sickening, the Deep State loons are the ones who are the real threat to democracy, and the people with any common sense can see right thru the myth they are peddling, there are a few foolish people who buy into this but they are few and far between, the others peddling this nonsense are all the ones who are fundamentally trying to transform our country and destroy it from with in..

  3. Imagine that. I took an oath to uphold the Constitution of the United States against all enemies, both foreign and domestic. And now some are calling people like me ‘radical’. If you can’t make up your mind over this, ask yourself this question: why would someone brand a military person, current or former, as radical, seditious, or dangerous to the country? Because it’s an easy way to remove their political enemies without risking open conflict.

  4. So did we miss something in the doctrine of the Oath Keepers mission is to do any thing more than uphold the Constitution? I may be mistaken, but didn’t the judge take a similar oath? For that matter, any one in high office. It is racist to assume all people of a certain group be held responsible for the actions of someone in their group. A person should be judged by their own actions, not by the actions of people that belong to their “club”. Or race, or any other means of identity. America, right?

    • Maybe you missed that laws were broken on January 6th at our Nation’s Capital? The State Constitution says no “Association” with organizations that promote law breakers. Trig appears to be conflating discrimination with racism.

      • Oh, there is a difference? And where in their doctrine does it say that their mission is to overthrow the government? Smoke another bowl, Frank. They will soon be coming for you, for maybe using the wrong toilet paper.

      • Please enlighten Us on the Laws that were broken? I highly doubt any of your rambling will make any coherence statement. You are the one that does not understand anything about the Constitution. Had the trial for the Oath Keepers been any other place the leftest Utopia DC the verdict would have been different I can guarantee it. I lived 17 years near the cesspool that is known as the District of Columbia.

  5. We can’t pay them to trespass emoluments. Not even judges. The accuser has one chance to accuse at trial – not several. There must be consent of twelve men of his visonage unanimously. We do have duty to the Creator by reason and dictates of conscience. Foreign interference in a federal election materially affects infrastructure for falsification of data. “Crimes” – General Provisions : High seas, vessels, corporate, lands, islands, any place outside any nation against the nationhood of the United States. Citizens are suits in law and equity in private between man and man. The rights of children follow their father. Ignorance of the law is no excuse. We can demand specific conformance from citizens in emoluments.

  6. Our ideology is Christian. Before the US nationhood “the territories” were under Territory of Virginia Law. Seven states were ceded land from Virginia. Lee’s Resolution separated all the states from the crown and resolved that they are free, independent states, totally in a plan of confederation document 6/29/1776. Look it up in the Annals of America. We are not run by tyranny of an elite few. (sorry Alaska). Maxims of Law prevail over whims of officials. A voter is one of “the people”. A man is a creation of God and does not need to change his status. Rights ARE the law. Liberty is secured through Bill of rights to safeguard. Law is the laid down declaration of bills of RIGHTS. Hale v. Hinckle.. Our rights were around long before government. People created government to secure birthrights. We are a republic, capitalist, confederate union. I can contract my labor. That is capitalism. The founders understood government. The Bill of Rights came first then the Constitution. We already HAD ALL those rights. The federal government could regulate foreign commerce NOT interstate commerce. Articles are not amendments. BAR schemes aren’t law no matter what lawyers say. We dictate our rights. Our rights are not dictated to us. Trump didn’t dictate the Law as Commander in Chief. Neither do judges. This is according to the annotated Constitution. When public servants are at war against the people and seek to overturn the US Constitution that is internal insurrection and domestic violence like a “War on Women”. Political is not judicial jurisdiction in character. Political lawsuits are just not judicial jurisdiction. If the legislative can’t (because under educated) handle legislative or won’t because of ceasing to represent the people who ostensibly voted them in; then the Governor has jurisdiction pending later Congressional Action not Judiciary for all of them or lieu of them all. Luther v Borden. The Judiciary doesn’t have authority to politically say. Executive Order 1838.

  7. The entire January 6th issue HAD to have been staged to get the truly unstable to react and pile headlong into the Capital building. The only thing the Capital police did was to wave people in past the barricades while Ray Epps directed traffic. And, where’d Ray go? Ask Adam Schiff and the rest of the one-sided idiots running that carnival. Let’s not forget the left’s assault on The Proud Boys – founded by a Hispanic-American. Wow. What a supreme joke. Don’t let yourself be fooled; their goal is to crush any and all dissent.

  8. “I accept with singular pleasure the ensign of so worthy a fraternity as that of the Sons of of St. Patrick in this city – a society distinguished for the firm adherence of its members to the glorious cause in which we are embarked.” George Washington – Member of the New York Chapter of the Friendly Sons of St. Patrick.

  9. Instead of lawyers and judges selecting candidates for judicial positions, it should be the people. Something has to change. The Alaska judiciary is no longer impartial. It is partisan.

    • I agree,
      Further I believe that it is far past time to ignore the judiciary in our state due to the lack of impartiality, including that of the state BAR British Accreditation Registry). The original constitution of our country gave the power to the citizens, not the government. While there must be a rule of law, it must be impartial, and that is not what we are witnessing from any branch of government in our state IMO.

    • Actually, the point is to adhere to and impose the power of our founding documents. You probably are a John fetter woman supporter so these concepts I’m sure are to patriarchal for you to understand. That’s okay, go cry in the corner and wait for uncle Joe to finish killing our country.

    • My understanding is Eastman has never said he supports the “Oath Keepers”. This is more the wording in the State Constitution. Does being a member and silent about whether he/she/they supports or does not support an organization meet the definition of “Association:?

  10. Intention: Take out a conservative rep to affect the balance of the House representation. What a sham! Snort!

    • Eastman screwed up the balance the minute he was elected in 2018, which is why the Republicqn Party has tried to defeat him in 2020 and 2022.

  11. If Alaska Constitution disloyalty clause is as it has already been found to be with similar wording in Hawaii, then it should be void for effect from inception. As though it never existed and everyone be made financially whole. The only reason for freedom of speech is political speech in political locations; the town square the former capitol of the USA before it was parted out to all foreign nations in lieu and instead of a place of assembling together, to determine among ourselves as American people what is good and beneficial for us. Now, the red carpet is rolled out for the WEF commandant, fuhrer wanna-bees Shwab and Turdough leaving nowhere for millions of Americans to assemble for this political speech so has to surpress not glorify the US Constitution. How democratic zochelist like Hitler of you.

  12. Judge McKenna failed in his ruling that Kowalke has standing to sue Eastman. Kowalke has no personal stake in the outcome of the controversy as to insure the concrete adverseness of a political outcome decided by the majority of the voters. To say that Kowalke is an aggrieved party would be to say that all of Eastman’s voters then also become aggrieved parties in a counterclaim against Kowalke. I’m surprised McKenna let this case go through, because it’s clearly frivolous and a tremendous judicial waste of court resources. His interpretation of the “disloyalty clause” as to membership in a political organization that promotes patriotism, is akin to saying that Democrats who engage in disruptive and potentially dangerous behavior during war protests, pro-abortion rallies, antifa demonstrations, or BLM gang rallies are disloyal because they promote mob violence. Where’s the legal parity?

    • Clearly, this is a case of first impression, where the judge has shown his personal proclivity and bias towards a patriot who graduated from West Point and served his country as a military police officer. Eastman hired attorney Joe Miller, another West Point grad and JD from Yale Law School to defend him. Joe Miller was a tank commanding officer in Gulf War One. And everybody in Alaska knows that Joe Miller beat Lisa Murkowski in the 2010 US Senate Republican Primary race.
      .
      All of these documented facts will work against Representative-elect Eastman because a feckless, Left-wing, Communist judge is in control and cannot wait to please his Democrat Party masters with a victory against patriotism. This judge rules from the Far Left Twilight Zone.

      • Maybe she isn’t, but her common sense and logical reasoning skills far surpass any of the verbal garbage that you post, Lucinda. You have no reasoning skills whatsoever. Your trail of extreme-left charlatanry is worse than a steady stream of lousy flatulant. Try charcoal to relieve yourself politely.

  13. If we had a Democrat belonging to Antifa, BLM, or the Oregon Anarchists it would be a “nothing to see here” and business as usual. Heck, there’s video of Portland’s mayor rioting and encouraging vandalism outside the Federal Courthouse and nothing was done. Go figure…

  14. So Kowalke went to China when He was on the Mat-Su Borough Assembly for some reason? Was He compromised over there? Is He using Foreign influence and money to go after Eastman. Just asking, maybe He thinks David is to pro America

    • Did you notice that Eastman is wanting to call in Stewart Rhodes as a witness for his defense-what a hoot that will be eh Ken? That testimony should cement his “pro America” bonafides big time. Heheh!

  15. Some substance here, much bloviating. From my perspective “Oath Keepers” is not a problem, Oath breakers? a huge problem.

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