Wednesday’s closing arguments were given by lawyers in a case to disqualify Rep. David Eastman as a result of his membership in Oath Keepers. This far-right group has leaders who have been convicted for seditious conspiracy in connection with the attack on the U.S. Capitol, Jan. 6, 2021.
Although the lawsuit is based upon a disloyalty provision in the Alaska Constitution and the trial lasted for a week, it veered into culture warfare territory and the ideology behind the MAGA movement.
Goriune Dudukgian was the plaintiff’s lawyer. He argued that Wasilla Republican wasn’t just an insurrectionist member, but also supported the cause.
Eastman was visiting Washington, D.C., to attend the Stop the Steal rally, which took place before the attack on the Capitol. Dudukgian stated that he listened to Trump’s request to march from the White House towards the Capitol. Dudukgian stated that Eastman did not enter the building but could see the violence from his position.
“And yet, Rep. Eastman stayed. During closing arguments Wednesday, Dudukgian stated that Eastman added to the crowd. He took photos near the Capitol, which were later posted to social media. He stayed on the Capitol grounds and Capitol area until the curfew was in effect, when everyone was asked to leave.
Dudukgian pointed out that Eastman has not called out Oath Keepers’ violence against them, but he has condemned Antifa.
Dudukgian stated, “So, I believe, based upon his actions and inactions we can show that he was specifically intending to be part of insurrection Jan. 6.”
Eastman has admitted that he is a life member of Oath Keepers. So Superior Court Judge Jack McKenna must decide one crucial question: Have Oath keepers supported or taken action to overthrow U.S. government forces? Members of these groups are prohibited from holding office under the disloyalty provision. Randall Kowalke was an Eastman supporter who brought the lawsuit to determine if it could be enforced against Eastman.
Dudukgian looked into the beliefs and conduct of Oath Keepers. One of his expert witnesses, a scholar on domestic extremism, called them an anti-government militia.
Joe Miller, Eastman’s lawyer, claimed that the witness misunderstood the Oath Keepers.
Miller stated, “This is an individual that called my client racist and antisemitic and called the Oath Keepers terrorist group.” These are extreme statements that are not supported by facts.
Miller wanted Oath Keepers to be portrayed as defenders and protectors of the Constitution. They would stand up to communism, Antifa, and other perceived threats to the left. In part, he called Stewart Rhodes, founder of Oath Keeper, as a witness to testify about the humanitarian work that group did in providing security for communities affected by hurricanes.
From jail , Rhodes gave testimony over the telephone. He stated that Oath Keepers’ mission was to provide security for speakers at the White House rally on Jan. 6. Any statements he made regarding the need to take up arms and bloodshed were misinterpreted.
He said, “I believe the jury punished me because of my speech.”
Miller also called John Eastman, an attorney, to testify. John Eastman, no relation to David Eastman, helped Trump make the unfounded claim that his 2020 loss was due fraud. This claim has never been upheld by a court. John Eastman recited loudly from Rhodes’ incendiary speeches, and called for action. He declared them to be protected under the First Amendment.
“Even in closing line — “If you don’t get, guys, it’s going to be a bloody,bloody civil war and an a bloody – he can call that an insurrection, or a guerrilla battle” — John Eastman testified that it was clear that it was inciting to violence, to engage an insurrection, or guerrilla fighting.
The U.S. House Jan.6 Committee recommended this week that John Eastman be indicted for crimes for his efforts to prevent the certification and keep Trump at the helm.
Dudukgian, plaintiff’s attorney, said to the judge that he should not believe defense witnesses who tried making Oath Keepers out as the good guys.
“You heard testimony by Rhodes. “You heard testimony from Rhodes, a person convicted for seditious conspiration. He said that he and the OathKeepers didn’t engage in seditious plot.”
Judge McKenna didn’t say when he would rule on the case. Rep. David Eastman (R-Wasilla), won a reelection easily last month. However, the certification of his election has been halted while the case is pending.
