Witch hunt continues: Anchorage activist lawyer Kendall now trying to get Eastman expelled from Legislature

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Scott Kendall, the lawyer who wrote Ballot Measure 2 and who was the force behind the recall attempt on Gov. Mike Dunleavy in 2019, has an idea for the Alaska House of Representatives: Expel Rep. David Eastman from the Legislature.

The Legislature, already suffering from low esteem in the public’s eye, got a lecture from Kendall on the topic this week.

In one of the many opinion pieces that Kendall routinely gets published by the Anchorage Daily News, Kendall says that Eastman is ineligible to serve, based on a court ruling by Superior Court Judge Jack McKenna. The ruling came after Wasilla liberal activist Randall Kowalke and the radical Northern Justice Project tried to convince the court that Eastman violated the “disloyalty clause” of the Alaska Constitution, due to his membership in a group called Oath Keepers.

“Specifically, Judge McKenna found two critical facts: First, that Rep. Eastman belonged to the Oath Keepers; and second, that the Oath Keepers as an organization has, through words and conduct, taken concrete action to attempt to overthrow by violence the United States government,” Kendall wrote.

Kendall is trying to get the House to do what the courts won’t do, and he is attempting to give the Legislature some cover for removing Eastman, using the Alaska Constitution as his justification: “Our disloyalty clause states: ‘”‘No person who advocates, or who aids or belongs to any party or organization or association which advocates, the overthrow by force or violence of the government of the United States or of the State shall be qualified to hold any public office of trust or profit under this constitution.'”

The McKenna ruling was clear, however, that Eastman can serve in the Legislature. He will be sworn in on Tuesday with 59 other lawmakers.

Kendall says the disloyalty clause requires Eastman to be thrown out, even though his Wasilla district re-elected him by over 51% in November, even with two other Republicans on the ballot. Eastman said, that under this type of thinking, whoever the majority party is in the Legislature can use nearly any excuse to refuse to seat any member of the minority party. Republicans could refused to seat Sen.-elect Forrest Dunbar, who swore an oath to defend the U.S. Constitution, only to be caught saying, on the public record, that the Constitution is “shot through with racism.”

According to Kendall, “the judge grafted on an additional requirement found nowhere in the constitution’s text — that Rep. Eastman somehow specifically state that he desires that the Oath Keepers succeed in their goal. This was an error. There is no specific intent language in the constitution, and this was not a case regarding potential criminal liability. This case concerned only the qualifications to serve in public office in Alaska — a privilege granted under our constitution, but not an absolute right. Because the facts at trial showed Rep. Eastman belongs to an insurrectionist organization, he is ineligible to serve.”

By public office, Kendall seems to imply he means elected office, when in fact the disloyalty clause, if interpreted to the letter, would mean a prohibition from serving in any position in government, including dog catcher.

There are hundreds of Alaskans who have signed up as members or donors to Oath Keepers, which the federal government recognizes as a charitable organization and to which it grants tax benefits as a 501(c)(3) nonprofit with the IRS. Kendall is attempting to make an organization that has legal standing with the federal government into an outlaw group, when even the federal government has not de-certified or revoked Oath Keepers’ tax status.

Kendall goes on to give the Legislature more justification for expelling Eastman: “Section Three of the 14th Amendment, which was enacted after the First Amendment, thereby limiting it, prohibits individuals who previously swore an oath to the constitution and then engaged in insurrection from serving in federal, state or local office. Added after the Civil War, it is at its core a democracy preservation provision — people who try to overthrow the government cannot be permitted to run it.”

Trying to overthrow an elected official is par for the Kendall course. He tried to run Gov. Mike Dunleavy out of office through a recall petition and he is now trying to get Anchorage Mayor Dave Bronson impeached through Kendall’s signature throat-cutting law-fare.

In 2021, the Democrats in the House attempted to do the very thing that Kendall is suggesting. Democrats attempted to remove Eastman, but their efforts failed because they could not find a legal path. Will the Legislature take Kendall’s advice and make an attempt once more?

102 COMMENTS

  1. You didn’t this was over, did you?

    The progressives won’t stop until they either get Eastman or hound him out of office.

    • You’ve answered your own question. Someone with ethics wouldn’t dare do what Kendall does, on account of the aforementioned ethics.

      • Understand. But politics is an ugly game. One the right continues to lose.

        If the right can’t find someone who will carry the fight, ethically, to the left, the cultural collapse continues.

  2. By switching forums, attorney Kendall has cleverly avoids an assertion that he is committing barratry, a crime at common law and still a statutory crime in some states. Revised Code of Washington 09.12.010 provides: “Barratry. Every person who brings on his or her own behalf, or instigates, incites, or encourages another to bring, any false suit at law or in equity in any court of this state, with intent thereby to distress or harass a defendant in the suit, or who serves or sends any paper or document purporting to be or resembling a judicial process, that is not in fact a judicial process, is guilty of a misdemeanor; and in case the person offending is an attorney, he or she may, in addition thereto be disbarred from practicing law within this state.”

    As noted, attorney Kendall is clever, perhaps even devious. He may avoid the entanglements of the law. Or he may get careless at some point. Regardless, he does not create respect for the law, of the courts or of lawyers. I presume he has worked through this with his family.

    • Kendall’s left-wing brother lost his Democrat House seat to a Republican due to RCV. How’s that for a reversal in fortunes. I wonder if Kendall wrote the family trust and named himself Trustee? And Beneficiary?

  3. Why pay any attention to the grandstanding Kendall, unless your goal is to infuriate readers?

    Kendall’s case to throw out Eastman is even weaker than the J. Armstrong affair, but the practical judicial (or in this case, State House) effect of the challenges will be the same: no panel of judges, and certainly no legislature, is going to overturn the will of the voters. Eastman was elected fairly and will stay, and so will Armstrong, like it or not.

  4. I extrapolate that the court’s ruling is that the Alaska disloyalty clause is in violation of the First Amendment of the US Constitution. This is why the judge added the additional criteria that you must agree with the organizations violent views.

  5. Kendall needs to be disbarred for meddling in things that are not his business, and projecting his personal agenda upon our elected representatives. Oathkeepers have nothing in their tenants about overthrowing our government by force. Kendall is making stuff up. The man is obviously mentally ill and operating on emotion and some bizarre twisted motives. He needs help. How in the world is this this ok? I pray our representatives have enough collective intelligence to see through this deranged farce.

  6. Surely, surely there is someone out there with some time to dig into Scott Kendall as he has dug into others. Every T crossed and i dotted in his life? I doubt it.

    It would be a real shame if he was to suffer some of the same medicine he tries to dispense to others…

  7. Kendall appears to be that kid who spent a lot of time stuffed in a locker in high school and is now getting his revenge because he’s some sort of hot shot lawyer.

  8. Bible says those who hate the light, love darkness because their deeds are evil. The Libs have no problems with RINOS. They want to obliterate conservatives. My pastor reminded everyone that ALL have sinned and fallen short and God’s Son has mercy and redemption for every political persuasion.

  9. If the Alaska Republican Party had a spine, they might fight fire with fire and sue Kendall for trying to “overthrow” a member(s) of the government – legally elected officials. Of course, we know that the ARP will do nothing, especially since they’ve rescinded their spineless censuring of Lisa Murk. Not only do we need to combat Democrats, we also have to battle our own party. It’s no wonder Peltola was elected and Murkowski’s orcs instituted Rank Choice Voting thus ensuring her victory.

  10. I question Komrade Kendall’s argument on several points, not the least of which is this, have any so called members of the Oath Keepers been convicted for the crime of Insurrection? Is there any proof that Eastman was involved with an attempt to overthrow the U.S. Government? No? Huh.
    Following that point, isn’t Kendall advocating exactly what he found so distasteful about the Oath Keepers, that being of trying to overturn the results of an election? My observation is that Komrade Kendall, a member of the Alaska Bar certainly looks and behaves like an insurrectionist, because he is attempting to remove a duly elected official from government.
    Using Komrade Kendall’s logic we should petition the Legislature to immediately enact legislation to move for a Constitutional amendment to forever remove Members of the Alaska Bar Association from serving on the Judicial Council. This because Komrade Kendall a member ofthat organization has exhibited insurrectionist behavior and worked to thwart the will of of the people.

  11. Back when the World was sane, problems like Scott Kendall were dealt with by taking a discrete morning ride out to a quiet glade and walking off 20 paces.

      • Actually, yes.

        That’s why wars are fought. Violence is often next level diplomacy.

        How do you feel about the ongoing assaults by Antifa and Jane’s Revenge? I’ve heard repeatedly they are just expressing political outrage.

        The problem with violence as a political tool is it’s wildly unpredictable. Often the result one gets is the opposite they wanted. This is why it should be the weapon of last resort.

      • The original ER Murrow was a communist sympathizer too.

        Once upon a time if you were an arrogant ass or a bully somebody came along and kicked the living sh*t out of you. That didn’t have to happen many times before you became a better person.

      • ER, unfortunately reality is what it is. Violence or the threat of violence is what supports and sustains our legal system in enforcement of law. It’s the reason Police carry a Glock. It’s the reason the Troopers have a K-9 unit. A criminal, like an enraged Grizzly Bear cannot always be reasoned with.
        So to answer your question, yeah, violence is the option of last resort in solving “everything”.

        BTW- why the Edward Murrow handle? That your real name? I thought he had checked out long ago.

        • ER Murrow
          You claim to be ‘anti violence’. Didn’t you realize that the man who’s name you’ve taken was made famous by covering a war? He literally made his living by covering the ultimate violent act.
          And yes. That war solved a lot of problems.

  12. No doubt, Eastman stinks! But in whose interest does Kendall flatulate and then fuss about the stench?

  13. Republicans could refused to seat Sen.-elect Forrest Dunbar, who swore an oath to defend the U.S. Constitution, only to be caught saying, on the public record, that the Constitution is “shot through with racism.”

    Have you ever reached out to Mr Dunbar and asked for clarification ?

  14. So, now this little psychotic twerp Scott Kendall is trying to organize the House.
    .
    Kendall is a pretty big loser.
    .
    1. Cost his former boss, Bill Walker, the governorship in 2018.
    2. His cover-up of pedophile Byron Mallott didn’t work out so well for old Byron.
    3. His recall of Mike Dunleavy fell flat before even getting to a vote.
    4. His Rank Choice Ballot has cost Alaskans money, time, and good representation.
    5. His effort to get Bill Walker to the governor’s office in 2023 was a huge clusterf*ck.
    6. His brother in law, Grier Hopkins, got his a$$ kicked by a conservative Republican in a House race up in Fairbanks.

    Scott Kendall actually has very poor track record.
    Like sh*t on a wool blanket, anyone who associates with Kendall has a difficult time getting the stuff off. It just gets messier.

      • I’m sure that Kendall’s brother in law’s election loss is weighing heavy on Kendall. Guilt is usually the reason for trying to rectify a loss like that. Hopkins could divorce him. That would be a win-win for the rest of us in the Legislature.

      • An accurate but very obscure reference. Most people these days have no clue who Tar Baby is.

        Ironic a man known for cataloging and recording the folk tales of slaves is derided as racist.

    • Very nice information on a looser lawyer. He is a washed up Wanbe political power player. He is a big reason everybody should not trust a lawyer. Look at what a bunch of lawyers have done to every corner of the country. Most of the politicians are lawyers. We should ban lawyers from office and any political entity. Lawyers are bad for everybody.

  15. Why don’t the good guys have a relentless dirty trickster like Scott Kendall? We are consistently outgunned by these people.

    • She just lied saying that. As an atheist she is going to spend eternity in hell. Her choice move on, everyone on this site needs to not say anything to her from here on. She is just a pitiful bag of bones, looking for an argument.

    • With few exceptions if you’re at the officeholder, public officer, or apparatchik level in a Republican Administration, the prime directive is, “Be Nice.” We contend in elections and in government with some of the rottenest SOBs in the Western World and we have to act like we’re running for head of the local Rotary Club.

      Despite their best efforts the communists, excuse me, Democrats never got me during my tenure with the State, but I did a fair share of carpet dances, all of them because some union steward or BA or just some random lefty had complained to somebody with a title about something I’d done or said. What Republicans don’t seem to get is that if a Democrat is angry and complaining about me, I’ve done something right. I had a simple rule; you’re judged by the quality of your enemies.

  16. What I wonder is who is financing Scott Kendall. To do all of the damage to the state of Alaska and its people takes a large pile of money. Certainly, as some have suggested above, he should be sued for harassment as a minimum response. There has to be some financial reward for all of Kendall’s actions. So in addition to investigating his background, we must investigate all those who have backed him or are allied with him. Until they are all exposed no one in Alaska will have any peace.

    • Well, he did land Ms. Demboski as a client, so presumably some of his resources are coming from her (or out of what he helps her take from Anchorage property tax payers).

  17. Apologizing for the unethical behaviour of Dave Bronson is not a good look. This isn’t about being left or being right, this is about doing the right thing as a steward of public resources. Mr Bronson has shown that he is incapable of ethical behaviour, thus it would be in then best interests of our community if he were removed before he can cause he more damage.

    The citizens of Anchorage deserve better.

    • For this to be taken seriously, specifics would he helpful.

      I gather you are left of center and have an intrinsic dislike of Bronson, but so far only there is only one instance of a documented accusation. It has yet to play itself out.

      He’s a meanie and I don’t like him is insufficient.

    • ER, please tell us how Mayor Bronson “has shown that he is incapable of ethical behavior”.
      .
      His having made mistakes while in office, and perhaps having has lapses in good judgement, or even lapses of ethics, I can grant you. But that he is INCAPABLE of ethical behavior is an extreme, blanket condemnation that is unwarranted and unjustified.
      .
      Also, everything you have said here pertains even more forcefully to the assembly’s Marxist Nine, who from all the evidence ARE in fact incapable of ethical behavior — including their multiple and egregious violations of the municipal charter over the past three years, and most damning of all, their hysterical and heavy-handed Covidian tyranny.

      • O hello Mr mega hypocrite Mr jefferson! Of all the crystallized dogmatic, unyielding commenters here, you are the best! Then you say, “that he [Bronson] is INCAPABLE of ethical behavior is an extreme, blanket condemnation that is unwarranted and unjustified.” Murrow, Jefferson is accusing YOU of “extreme blanket condemnation”. “Extreme blanket condemnation” is on your gravestone honey.

  18. The judge recognized that the disloyalty clause in the Alaska constitution violates the US Constitution.

    I don’t support Eastman because of his vote last year against the PFD during reconciliation, but these people are tempting me to support him anyway.

    This entire episode is what the military recognizes as a diversion. Something else is going on.

  19. Lessee how Kendall responds to a formal complaint made to the Alaska Bar Association. I wonder how many need to be filed in order to get his attention. Cheers –

  20. We need a non profit that us conservative Alaskans could funnel dark money into to do nothing be tie him up in lawsuits and courts until he leaves this state. We need to be wary of his end game and keep him at the forefront of investigations and over site for any wrongdoings. He might have cheated in elementary school.

    • I’m not a fan of dark money, but I favor getting an ethical pit bull or two for our side and fight fire with fire.

  21. Leviticus 19:9-18 “…but you shall love your neighbor as yourself…” This is Old Testament text, widely recognized by the Jews since Moses led them out of Egypt around 1440 BC. Later, Jesus regarded it as one of the two ‘great’ commandments. Anyone that ignores it deserves to be rebuked.
    .
    Kendall will reap what he has sown. It may not be imminent, but it IS inevitable.

  22. People like Kendall need to go back to high school civics class and be re-educated in the difference betweeh “government” and “constitution”. Or perhaps, since they repeatedly take the oath, they already know, and THEY are the traitors?

    • First, they don’t teach Civics anymore. Second, if you sent them back to high school today, they’d come out even bigger communists than they already were.

  23. Disbar Kendall. He’s using his position as a lawyer to harass the choice of voters. We need a law to stop the witch hunts we consistently see in the Lower 48. Alaska is better than this.

    Disbar Kendall and take that ridiculous RCV with him.

  24. I really wish Holy Rosary would start a political blog. Far too many people here insist on religion preening in place of cogent political arguments.

    It doesn’t shame or influence the progressives. Can’t shame the shameless. It does annoy the non or not very religious majority who really don’t like being preached to when discussing politics

    If anything, I think the progressives secretly love it since it helps push mistaken people to their side.

  25. Scott Kendall was the driving force to get Dr Al Gross to drop out of the race. But if Al Gross stuck around more than likely Sara Palin would be our representative. One day the truth will come out on Kendall and all the skeletons in the closet. As stated this is the same guy who covered up the lt Governor sexual harassment scandal. But people like Lucinda are fine with that. When democrats do it they are quick to say hey leave them alone everyone is hurting give them space. Republican does it oh lord get the pitchforks out cause as the great SCJ Clarence Thomas told Senator Biden this is just a “high-Tech lynching”. That’s what democrats do best.

  26. Scott Kendall also claims that abortion is a Jewish right until the child takes his or her first breath, protected by the First Amendment.

    Kendall Democrat Doctrine is religion: Alaska’s legal analyst on Left says abortion is a First Amendment right

    ‘https://mustreadalaska.com/kendall-democrat-doctrine-is-religion-alaskas-legal-analyst-on-left-says-abortion-is-a-first-amendment-right

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