I’m pleased to announce that my legal team has filed a critical appeal with the Georgia Supreme Court asking them to put an end to Fani Willis’ shameful prosecution of me. Should we be successful, DA Willis’ case against me and all the indicted defendants, including former President Donald Trump, will come to an end.
Our appeal is not based on the salacious conduct that the ethically-challenged prosecutor engaged in with the Special Counsel she named to prosecute me. (Other Georgia courts are evaluating whether Willis should be removed from the case because of her conduct.) Rather, we present a simple and straight-forward legal argument to the Georgia Supreme Court:
Neither Fani Willis nor any other state prosecutor has the legal authority to prosecute someone for actions concerning presidential electors. Any attempt by a state to exercise its traditional police powers in this arena, like the State’s Indictment, is categorically preempted by the Supremacy Clause of the US Constitution and federal law.
Fani Willis’ prosecution of me, former President Trump and the other defendants is unprecedented. As my team told the Georgia Supreme Court, in the almost 250 years before the fraught 2020 presidential election, no state ever attempted to inject itself into this exclusively federal arena, and no court, scholar, or commentator had ever suggested that a state has any authority to interfere with or usurp exclusive federal authority to adjudicate and count presidential elector ballots.
This appeal before the Georgia Supreme Court is an example of the extraordinary work my legal team is doing to not only defend my good name and reputation, but to defeat the entire lawfare left as they seek to punish anyone associated with helping Donald Trump raise concerns about election integrity.
Unfortunately, the work that we’ve had to undertake in response to the assault launched against me by the lawfare left and partisan prosecutors like Fani Willis has exhausted my legal defense fund. I urgently need help now to continue the fight. Please step forward with a generous donation today.
The Supreme Court has made plain that state authority over presidential electors is limited to the authority given to state legislatures by the Constitution to appoint them, and it has only permitted state actions with regard to presidential electors that, unlike the State’s indictment, fall squarely within that appointment power.
No presidential electors have ever before been prosecuted by any state for the exercise of their federal rights and responsibilities under the Constitution. The states themselves have no original, reserved, or constitutionally delegated authority over such electors after their appointment on Election Day.
As we said to the Georgia Supreme Court: “The U.S. Constitution, federal law, and the Supreme Court have declared that the State has no authority here, and those edicts must be enforced.”
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We also pointed out to the Court that Fani Willis’ prosecution of me has taken a toll, not only on me but on the public as well:
“The damage that the State has already done here by acting well outside of its authority is significant, both to the individuals it has indicted without authority or jurisdiction and to the rule of law, the public’s faith in the criminal justice system, and critical principles of federalism and separation of powers. Not only have Dr. Eastman and his co-defendants been very publicly put through hell in this process, but other state law enforcement actors around the country are now seeking to emulate the Pandora’s box that the State has opened by also trying to assert their authority in this exclusively federal arena. For the rule of law and the critical principles of federalism and separation of powers to be protected and preserved, the State’s unlawful prosecution of Dr. Eastman and his co-defendants must be stopped.”
Fighting against Fani Willis and other partisan prosecutors has also been extremely expensive, exhausting my legal defense fund. I’ve spent about $1.5 million on this and the other cases I’m facing because of lawfare radicals, and I’m looking at needing more than that amount to defend myself going forward.
Your gift of $25, $50, $100, $250, $500, or $1,000 or more is urgently needed to help replenish my defense fund and allow my legal defense team to continue to aggressively push back against the lawfare left and partisan prosecutors like DA Fani Willis.
Hopefully our appeal before the Georgia Supreme Court will bring an end to Fani Willis’ shameful and illegitimate prosecution of me, former President Donald Trump and the others who have been indicted. Thank you for whatever you can do to help bring about that result.
Sincerely,
John Eastman
Constitutional Scholar
Former Attorney for President Donald Trump