In Defense of John Eastman - Part 1
Some of YOUR Civil Rights are also at stake here...
I was on the witness stand for 8± hours last Thursday (9/28) and 4± hours on Tuesday (10/3), attempting to testify on behalf of attorney John Eastman. I spent an additional 30+ hours in preparation (reviewing old documents, etc.).
For those who are not familiar with Mr. Eastman, I was going to provide a link. When I searched his name online, the first 100± listings of articles were all left-wing propaganda. (That’s one of the reasons I chose to testify on his behalf.) Here is an objective overview I finally found.
This California trial is an attempt to disbar Mr. Eastman. In my view (as a non-attorney) two issues are being debated:
1 - Did John Eastman have a reasonable basis to believe that the certified 2020 Presidential election results of some states, were likely inaccurate?
2 - If yes, what should have been his legal advice to VP Mike Pence regarding how such likely inaccurate certifications should be dealt with?
John Eastman says YES to the first question. As an election integrity expert (e.g., see here), I also say YES to the first question. The California prosecutor says NO. (Since I’m not a lawyer or a Constitutional expert, I can’t speak to the second question.)
FYI, here is a reasonable interview with Mr. Eastman about what this trial is about.
There are multiple Left-wing media sources “reporting” on this trial. Unfortunately, again I couldn’t find any conservative source in the first hundred or so Internet search results (using Duck). After quite a bit of additional research, I finally came across the Intellectual Conservative website.
This is run by a conservative attorney, and she has attended all of the six+ week (so far) proceedings of the Eastman trial. She has written several informative commentaries on what has transcribed. Here is a reasonably accurate article about what happened on my first day of testimony. If you are a glutton for punishment and would like to see what is transpiring here yourself, here is an online link to the trial itself. It’s likely to go on for a few more weeks.
…………..
Most citizens believe that trials and hearings are about: 1) uncovering all the relevant facts, and then 2) making an objective decision based on that information.
If only.
Much of the legal wrangling is about which facts are “admissible” — i.e., allowed to be considered by the court. Sometimes very relevant facts are discarded because a judge (sometimes seemingly arbitrarily) rules that something involved does not meet one or more of a plethora of legal “barriers”. These are things like standing, moot, laches, jurisdiction, etc.
In my case, the prosecution did not want anything substantive I had to say about Question #1 to be considered. Since it would have been a burden to try to disprove the accuracy of my testimony (e.g., about the conclusions of our ten Election Integrity Reports, written by my team of very qualified people), they instead focused on a legal technicality to minimize my testimony. They did not want the court to hear or consider any of my evidence of election anomalies that would support Mr. Eastman.
Their strategy was to assert that I was not an approved expert, so I was not qualified to speak about the conclusions of my own reports (!) or anyone else’s.
To do this, it appeared to me that the prosecution relied on two arguments:
1) John Eastman’s lawyers had not filed the proper paperwork, at the proper time, in the proper way, to have me officially listed as an “expert.” Eastman’s lawyers disagreed with this assertion, but the Judge upheld the prosecution’s argument.
2) I did not have a degree in “election integrity,” or the necessary “qualifications” to be an election integrity expert. The Judge again sided with the prosecution.
I can’t speak to the first objection, other than repeat that John and his lawyers insist that they did file adequate paperwork to have me legally considered to be an expert.
Regarding the second objection, my non-attorney answer is this…
All of our ten major election integrity Reports are about looking at numbers. I have a degree in Mathematics. Further, as a physicist I have had more mathematics classes than statisticians with a PhD would typically have. Additionally, statistics (matters like Bell curves — aka Gaussian distributions, Standard Deviations, etc. ) were frequently covered in many of my physics and mathematics classes, through graduate school. As such, I am very qualified to discuss numbers, plus I have had formal undergrad and graduate education in statistics.
On the first day of my testimony, the Judge asked Mr. Eastman’s lawyer a question something like: “How can John Droz be an election integrity expert with only three years of involvement?” The attorney didn’t give a very strong answer, so on the second day, he asked me what would my response be? I felt that whether the definition of “expert” was normal or legal, I would qualify.
Regarding the first, Webster’s definition of “expert” is: “one with the special skill or knowledge representing mastery of a particular subject.” To demonstrate that I started listing examples of my extensive familiarity with the election integrity topic (e.g., having read some 1,500 articles and reports just in the preparation of my twice-a-month Newsletter).
However, I was cut off before I finished. The Judge said something to the effect that I was making an argument for being categorized as an expert. Well, yes!
I didn’t get to mention the legal definition of “expert” — so what is that?
TheLaw.com Law Dictionary and Black’s Law Dictionary, 2nd Edition* define an "Expert" as a “Person examined as a witness in a cause, who testifies in regard to some technical matter arising in the case, and who is permitted to give their opinion(s) as to such matter on account of their special training, skill, or familiarity with it.” State v. Phair, 48 Vt. 366 [Also see this definition of an expert witness.]
As a professional physicist, it is indisputable that I have mathematical and statistical training. When this is added to my exceptionally extensive familiarity with the election integrity issue over the last three years, it clearly indicates that I meet the common sense and legal definitions of an election integrity expert.
However, John Eastman’s prosecutor repeatedly claimed otherwise — and the Judge went along with his objections. You decide whose case is better…
To see more about this matter, please go on to Part 2 and Part 3.
* The link for this legal definition now has restricted access. Fortunately, before that change, I made a screenshot of what it said:
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I had the pleasure of watching John on the witness stand and could barely contain my frustration at times. To a non-attorney, well-informed citizen on the sideline, I was disheartened by the judges lack of impartiality. I spent most of my adult life believing our judicial system was just and fair - and thus supported the outcome of many trials even if I was disappointed in the outcome. Unfortunately, this is no more. My faith and trust in our judicial system has been eviscerated over the conduct of numerous judges and even juries these past few years - this trial being no exception.
Those of us who have a clear conscience can still recall the compelling circumstantial evidence of election fraud AND we ALL know of the DIRECT evidence that election manipulation through extreme bias in the media was rampant in the months (years actually) leading up to the 2020 US presidential election. No need to go into those details here. Who CAN'T immediately think of at least a half dozen examples.
What I've seen happening in the US over the last several years (I'm a Canadian) scares the living hell out of me. It is blatantly obvious that many of the inherent rights and freedoms of democracy are successfully being taken away from the US population. Like a existential virus, it's happening in Canada too.
The scariest part of this story is that the culprits on the front line of this attack (both purposefully and unwittingly complicit) are those whose mission in life is SUPPOSED TO BE to protect these very freedoms from being lost to those Marx-inspired ideologues who would steal them away. So insidiously, this front line of destructive forces is heavily populated by the media, by people in institutions of education, and even by people in departments of justice - as this story clearly illustrates.
Throughout the years since Trump first exposed the underbelly of the swamp dwellers in Washington (both sides of the political aisle btw), there has been a very united front by the bad guys to: 1. portray themselves as the good guys, 1. take our eyes off the ball using censorship, diversion tactics, incessant fear-mongering of various hob-goblins, and the manufacturing of various crises. They blame everyone but themselves for the destruction they cause. They pit the population against one another with lunatic and divisive groupings by sex, by color, by sexual orientation, and by promoting insane ideas like multiple genders of human beings. Somehow, they have even managed to normalize obscenity in the minds of prepubescent children. They have convinced themselves that those of us who refuse to swallow their propaganda are whatever nasty characterization they can muster in their little minds.
So, how in the world can we, the public, wrap our heads around issues like election interference, rampant corruption in our halls of government (e.g. Biden family), a collapsed border, security against foreign enemies, a national debt rapidly climbing into bankruptcy, inflation destroying our economies, and unmitigated & rampant crime in the streets of urban centers, when ALL of this takes a back seat to the bullshit that the media forces us to focus upon?
Answer: the GROWING number of good people like John Droz, doing what they are doing. So John, on behalf of the people in the US and the entire free world, please keep up your great work of keeping us informed of the truth. One day, soon I hope, enough of us will be sufficiently aware that we'll collectively get the US back on the right track - the righteous track.