Key points
- California's Supreme Court upheld Eastman's disbarment in April 2026; he disputes the findings.
- A D.C. board recommended Clark's disbarment; the Justice Department sued in May 2026 to stop the process.
- The Georgia criminal case against both was dismissed in November 2025.
The headline this page once carried described the actions of two lawyers as an "attempted coup". That is a characterisation used by their critics, including the House January 6 committee; their supporters, and the two men themselves, reject it. This explainer sets out what the record shows about the legal consequences each has faced.
Who they are
John Eastman, a law professor and former law school dean, advised Donald Trump after the 2020 election and wrote memos arguing that Vice President Mike Pence could reject or delay the counting of certain states' electoral votes on 6 January 2021. Jeffrey Clark, then acting head of the Justice Department's Civil Division, drafted a letter to Georgia officials suggesting the department had concerns about the state's election and urging a special legislative session. Senior department officials refused to send it.
Disciplinary proceedings
- Eastman. The State Bar of California brought disciplinary charges. After a trial that began in June 2023, a State Bar Court judge recommended in 2024 that he be disbarred. The California Supreme Court upheld his disbarment in April 2026. Eastman has argued that he was giving good-faith legal advice and indicated he would seek further review.
- Clark. The District of Columbia's Office of Disciplinary Counsel charged Clark with professional misconduct. The Board on Professional Responsibility found he had shown "flagrant dishonesty" and recommended disbarment, though some members favoured suspension. The final decision rests with the D.C. Court of Appeals. In May 2026 the Justice Department, under the Trump administration, filed a lawsuit seeking to halt the discipline, arguing Clark acted in an official capacity and that the letter was internal deliberative material.
Criminal charges and pardons
Both men were among the defendants charged in Fulton County, Georgia, in August 2023 in a racketeering case over efforts to overturn the state's result. Both pleaded not guilty. After the original prosecutor was disqualified, her replacement moved to drop the case, and it was dismissed on 26 November 2025. In November 2025 President Trump also issued pardons to a group of people involved in the post-election efforts, including Eastman; federal pardons do not affect state bar discipline.
Why it matters
Whatever view one takes of their conduct, the cases test where legal advocacy ends and professional misconduct begins. Lawyers are expected to argue their clients' positions forcefully, but bar rules also forbid dishonesty and frivolous claims. The courts' answers will shape how lawyers advise future governments.