No reasonable lawyer would have given this advice.
and “centuries-long practice by Congress,” to find that the Eastman positions were so devoid of support that “no reasonable attorney exercising appropriate diligence in the circumstances would adopt them.” In essence, Seligman strips away the pretense that Eastman engaged in routine legal work.who, in a matter concerning Eastman’s claim of attorney-client privilege to protect documents from the Jan.
Seligman’s damning report might well determine the outcome of Eastman’s bar proceedings. However, the implications of the report extend well beyond Eastman’s law license. For example:If Eastman engaged in a bad-faith scheme to overthrow the election, then he lacked any “colorable defense” under federal law and therefore cannot remove their case to federal court.
If Eastman engaged in a bad-faith scheme to overthrow the election, none of his or other lawyers’ conversations are protected under the ambit of the First Amendment any more that a memo explaining how to break into a bank would be. If Eastman engaged in a bad-faith scheme to block the certification of the election, then one could conclude he and others in the alleged “criminal enterprise” had the requisite criminal intent for state charges including a state racketeering charge.
The significance of stripping away the legal plausibility of the cockamamie scheme to undermine our democracy cannot be overstated. Consider how Seligman’s conclusion shatters not only Eastman’s but also Trump’s most likely defenses.requires that his alleged conduct be within the “outer perimeter” of the president’s “official responsibility.” If the entire scheme was not even legally plausible, then certainly Trump’s maneuvering must fall outside the outer perimeter of his responsibilities.
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