Pro-Trump lawyer John Eastman is facing problems with a judge after his own lawyer failed to correct mistakes in a recent legal filing related to his lawsuit against the House Select Committee investigating the Capitol riots.
According to screen captures by National Law Journal's Jacqueline Thomsen, Judge Christopher Cooper is presiding over Eastman's suit against the House Select Committee on the Jan. 6 attack on the U.S. Capitol.
Eastman was the lawyer who penned the infamous "coup memo" that outlined ways former Vice President Mike Pence could refuse to certify the results of the 2020 election.
As part of the probe, the committee has subpoenaed phone and data records of many of those called to testify. When subpoenaed, telecommunications companies generally turn over such information, but Eastman is suing to stop them.
"Without prior notice to Dr. Eastman, the J6 Committee issued a subpoena to Verizon requesting records for Dr. Eastman's personal cell phone. The subpoena seeks nine categories of information on Dr. Eastman's personal cell phone use over a three-month period. The subpoena does not contain any provision for protection of attorney client privilege," the court documents claim.
The Eastman filing was riddled with typos -- and at least one lawyer characterized Eastman's complaint a desperate attempt to keep himself from public embarrassment.
“This complaint is the legal equivalent of flop sweat – dude is terrified, and I look forward to the country finding out exactly why," tweeted attorney Akiva Cohen.
"The November 3, 2021 [sic] presidential election was one of the most controversial in American history," Eastman says in his complaint.
(The election was in 2020.)
There are also problems with the numerical estimations and timelines in the complaint.
Eastman lawyer Charles Burnham also claimed that the subpoena is invalid because "[T]he Committee’s lack of validly appointed minority members or a validly appointed ‘ranking minority member’ makes such compliance impossible. A subpoena issued in violation of applicable House Rules is invalid."
These were some of the problems the judge had with the legal filing, but neither Eastman nor his lawyer has done anything to correct the paperwork.
"The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Case Assignment and Nature of Suit was not selected on the Civil Cover Sheet (section IV). Please re-file using the event Civil Cover Sheet., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied," the court wrote in response to the error-filled filing.
See the full information about the filing at the US Court's PACER system.