Although Rep. David Eastman has not been accused of attacking the U.S. Capitol or of trying to overthrow government, if the Wasilla Republican is part of an organization that does, his legislative career may be over.
Palmer is currently holding a trial to determine whether Eastman can be removed from office because of his membership in Oath Keepers. This group rose to national prominence after the attack on Capitol Hill, Jan. 6, 2021. This trial, which is not open to the public, will be the first time that a disloyalty clause from the state Constitution of 1966, which states that no person can hold office if they belong to any organization that supports overthrowing the government through force, is being tested.
This case has important implications for Eastman and his constituents, as well as the First Amendment rights to associate with antigovernment groups.
Randall Kowalke (Mat-Su voter) filed the lawsuit to enforce disloyalty.
Goriune Dudukgian’s attorney for Kowalke stated in Tuesday’s opening argument that there are only two elements we must prove in order to win the case. The first is Rep. Eastman’s aid or affiliation with the Oath Keepers. The Oath Keepers advocate concrete action to overthrow America’s government, or have actually engaged in such conduct.
Dudukgian stated that the first element is simple to prove. Eastman, a founding member of Oath Keepers and a contributor to more than $1,000, did not resign even after Jan. 6.
Judging by the testimony so far, the majority of the case focuses on the Oath Keepers’ actions leading up to the Capitol attack and what they stand for. Dudukgian stated that they were dangerously mixed insurrectionist rhetoric with seditious conduct.
He stated that the group advocated for a “bloody revolution against the current government” on their website. They said they would, quote, fight and take to arms… They did exactly what they promised on January 6.
Joe Miller, Eastman’s lawyer, opted to postpone his opening argument until the other side presented its case. His defense seems to focus on the Oath Keepers organization and he insists that it is not about overthrowing government.
Jan. 6 was the subject of criminal charges against Oath Keepers. Leader Stewart Rhodes was convicted of seditious conspiration. Miller argued in objections and pre-trial arguments that the Oath Keepers’ charges against individuals don’t prove what they stand for.
Miller stated that Stewart Rhodes is our only certainty. “Otherwise we only have a few 33 Oath Keepers out of 38,000 that have been charged for crimes.”
Miller stressed that plaintiffs must prove Oath Keepers “imminently incited” to violence that would lead to the overthrow or demise of the government. Miller also points out that disloyalty can only be applied to conduct that isn’t protected under the First Amendment’s rights to free speech or free association.
Jon Lewis, a George Washington University expert on domestic extremism, testified to Zoom in support of Eastman’s case. He described the Oath Keepers as one of the most powerful anti-government militias in America. He stated that they did more than just talk.
Lewis testified that “My opinion was that the Oath Keepers tried to execute a plan that would have led to the overthrow the U.S. government on January 6” both before and after Jan 6.
Eastman won re-election easily last month. Superior Court Judge Jack McKenna has placed the certification of Eastman’s election on hold while the case continues. Uncertainty is one of the factors that has complicated the organization for the state House leadership.
Miller was seated next to Eastman in the courtroom. Many people watched the live stream of the trial.
Miller mentioned Rhodes and other Oath Keepers convicted leaders as witnesses he would like to call. Miller acknowledged that participation will be difficult for them because of their imprisonment.
