It argues the Jan. 6 committees subpoena of cell phone records is invalid for multiple reasons, claiming the committee is attempting to exercise a law enforcement function, that the subpoena infringes upon attorney-client privilege, that the subpoena is a violation of the First Amendment and the Fourth Amendment, and that it was issued in violation of House rules and the committees own authorizing resolution.
The Committees lack of validly appointed minority members or a validly appointed ranking minority member makes such compliance impossible, the suit says. The Jan. 6 panel has seven Democrats and two Republicans the only two House Republicans who voted in favor of the panels formation.
Eastmans suit notes that he is a law professor and practicing attorney, as well as a member of the Republican Party and supporter of the former president. The suit argues his political affiliation puts him at odds with the Committees highly partisan membership, adding that Eastman is not alleged to have breached the Capitol on Jan. 6. The attorney did speak at Trumps Jan. 6 rally, alongside former New York Mayor Rudy Giuliani.
Eastman lawyers have sought to direct the suit to Judge Carl Nichols, a Trump appointee handling former White House chief of staff Mark Meadows suit filed against the House panel and House Speaker Nancy Pelosi last week. House investigators voted unanimously Monday night to hold Meadows in contempt of Congress.
Eastman has not cooperated with the committees investigation thus far, asserting his Fifth Amendment right against self-incrimination. In a letter to the committees chair, Bennie Thompson (D-Miss.), dated Dec. 1, Eastmans attorney said his client would assert his Fifth Amendment right not to be a witness against himself in response to your subpoena.
Eastman worked closely with the former president in his attempt to overturn the election. A former Chapman University professor now affiliated with the Center for Constitutional Jurisprudence at the Claremont Institute, Eastman was deeply involved in the efforts, from pushing state legislative leaders to reject President Joe Bidens victory in a handful of swing states to pressuring Pence to unilaterally refuse to count some of Bidens electors and send the election to the full House for a vote.
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Eastman sues Jan. 6 committee and Verizon to prevent release of phone records - POLITICO
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