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Alaska Judge Rules Conservative Lawmaker, Despite Oath Keepers Membership, Eligible for Office

Editor’s note: Restoring Liberty’s publisher Joe Miller was the trial attorney who litigated and won the below case. In response to press inquiries, Attorney Miller stated, “We’re pleased that Judge McKenna agreed with us that Representative Eastman should not be removed from office just because he attended President Trump’s speech on January 6. As we argued from the very beginning in this case, the First Amendment protects the rights of association and speech that were attacked here. However, we are disappointed in the court’s determination that Oath Keepers is an organization that sought to overthrow the government by force or violence and believe there was no admissible evidence supporting that finding.”

If you would like to read the decision, it is available HERE. You may also donate to Representative Eastman’s legal fund HERE.

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By Associated Press. An Alaska lawmaker with ties to the far-right Oath Keepers group is eligible to hold office, a state judge ruled Friday.

Superior Court Judge Jack McKenna issued the ruling after overseeing a trial this month in the case against Republican state Rep. David Eastman. The decision can be appealed.

The ruling found that Eastman is a member of the Oath Keepers, but that he “does not and did not possess a specific intent to further the Oath Keeper’s words or actions aimed at overthrowing the United States government.” (Read more from “Alaska Lawmaker with Oath Keepers Membership Eligible for Office” HERE)

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Rep. Eastman’s Trial Concludes

By Alaska News Source. After both sides rested their cases Tuesday in the case questioning Rep. David Eastman’s eligibility for office, closing arguments were heard by Superior Court Judge Jack McKenna Wednesday morning. . .

Eastman’s active lifetime membership was proved early on when he took the stand and openly admitted his affiliation. After a number of expert and witness testimonies for both the plaintiff and defense teams, attorneys from both sides made their final statements on record Wednesday.

Eastman’s attorney Joe Miller reinforced his stance that speech — including that which advocates for the force or violence to overthrow the government — is constitutionally protected under the First Amendment. The attorney for Kowalke, the plaintiff, painted a different picture before the judge, stating that it’s proved that the words and actions used on Jan. 6 go beyond protected rights to free speech. (Read more from “Rep. Eastman’s Trial on Oathk Keepers Membership Concludes” HERE)

Photo credit: Gage Skidmore Flickr

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Oath Keepers Tried To Overthrow US Government on Jan. 6, Extremism Analyst Claims in Alaska Trial

Based on “twisted ideas of patriotism” and a desire to keep President Donald Trump in power, the Oath Keepers tried to violently overthrow the United States government on Jan. 6, 2021, an analyst on domestic extremism testified in Alaska Superior Court on Sept. 13 and 14.

Jonathan Lewis, a research fellow at the Program on Extremism at George Washington University in Washington D.C., testified for the plaintiff in a state lawsuit that seeks to throw Alaska state Rep. David Eastman (R-Wasilla) out of office for being a member of the Oath Keepers.

Randall Kowalke of Willow, Alaska, filed suit against Eastman in July, claiming that a Cold War-era amendment to the Alaska Constitution bars him from office because the Oath Keepers is allegedly an organization advocating for the overthrow of the U.S. government.

In more than a day of testimony at a bench trial before Alaska Superior Court Judge Jack McKenna, Lewis said Oath Keepers founder Elmer Stewart Rhodes III ordered subordinates to attack the U.S. Capitol in an attempt to overthrow the government.

“My opinion is that both before and during January 6th, the Oath Keepers called for and attempted to execute a plan that would have resulted in the overthrow of the U.S. government on Jan. 6th,” Lewis said. (Read more from “Oath Keepers Tried To Overthrow US Government on Jan. 6, Extremism Analyst Claims in Alaska Trial” HERE)

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