CURRENT
CASES
CASES
John Eastman
John Eastman and Attorney Steven Bailey May 2024
Amicus Brief for John Eastman
Eastman Update ( July 2024)
The California Constitutional Rights Foundation filed an amicus brief regarding the chilling effect of the state bar’s action against Attorney John Eastman. Mr. Eastman is a recognized authority in constitutional law and had advised President Donald Trump regarding the 2020 election.
Mr. Eastman provided the President with advice regarded the electoral vote count before the United States Senate and whether the Vice President had authority to request that state legislatures revisit the election results and certification of electors. As a result of his advice to President Trump, the State Bar of California took action based on complaints to revoke Mr. Eastman’s license to practice law in California. The California Constitutional Rights Foundation filed an amicus brief pointing out the extreme chilling effect this will have on advice provided by lawyers to their clients.
The foundation’s argument is that lawyers will never know what advice might subject themselves to discipline because if the advice given does not comport to the prevailing view, they could have charges brought against them for having provided advice and be disbarred as a result.
January 6th- A day worse than the Civil War “right”
The California Constitutional Rights Foundation came along side several of its attorneys to defend one of the defendants in the January 6th prosecutions in the District Court in Washington, D.C.
Ronald Mele was wrongfully charged with 4 felony counts related to the events around the U.S. Capitol. Two of the counts alleged that he and others with him on that day had conspired to obstruct an official proceeding under USC 1512 (c) and (k). The official proceeding referred to was the counting of the electoral votes in the Senate of the United States.
If convicted on the 1512 charges Mr. Mele could have been sentenced to 20 years in prison on each count.
The DOJ did not alleged that Mr. Mele had entered the Capitol, engaged in violent conduct on that day but that some others in the crowd of tens of thousands had entered the building and caused the Congress to suspend its business for a time that day.
Foundation attorneys argued that 1512 did not apply to the events of January 6th because the statute was originally written to deal with the obstruction or destruction of documents such as had occurred in the ENRON case where accounting documents related to the ENRON fraud had been destroyed by Arthur Anderson to prevent authorities from Investigating individuals involved in the fraud.
Motions were brought to dismiss the charges which were denied by the court. However, the Supreme Court took up another case during the 23-24 term of the court and on June 28, 2024, declared that that statute was unconstitutional as applied in the January 6th cases.
Mr. Mele went to trial on October 10, 2023, months before the Supreme Court took the case for review. He and the 3 others being tried with him were convicted on all counts. He was sentenced to 32 months on the 1512 counts.
On August 20, 2024, the U.S. District Court of Appeals for Washington D.C. issued a writ of mandate dismissing the 1512 obstruction charges and remanding the case to the District Court for further proceedings.
Victory for the Foundation and the client.
Ronald Mele
Jeff Cortinas
Modesto Bee – March 2022 (article)
The California Constitutional Rights Foundation took the lead in protecting this free speech right of Jeffrey Cortinas when he refused to wear a mask in school board meetings. By February 2022, we all knew that masks did not work. Even the CDC had acknowledged such yet the Turlock Unified School District Board of Directors insisted that trustees wear masks in the meetings.
Trustee Cortinas would not be bullied and on behalf of citizens refused to attend meetings wearing a mask. The school board decided to sue him. The California Constitutional Rights Foundation came to his defense and within two weeks the school board backed down and dismissed the lawsuit.
Victory for the Foundation and the client.
Cortinas Writ of Mandate
Cortinas Opposition to Plantiffs Ex Parte TRO
Drops Suit
COMMUNITY COLLEGES – Lawsuit
Lawsuit, filed in the United States District Court for the Southern District of California Court addresses violations of Title VII of the Civil Rights act of 1964 and Religious liberties, among other serious statutory and constitutional violations.
This lawsuit is brought on by employees and students from Grossmont-Cuyamaca Community College District, San Diego Community College District, and South Orange County Community College District (hereinafter referred to as CCDs) to block mandatory COVID-19 Vaccine Mandates at these community colleges.
Plaintiffs claim the COVID-19 Vaccine Mandates are illegal and unconstitutional in that they purport to remove federal civil rights and constitutional protections and, they are asking the Court to issue preliminary and permanent injunctions to block the mandates currently in existence in the California Community College system.
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THE SAN DIEGO UNION TRIBUNE – NEWS ARTICLE
SAN CLEMENTE TIMES – NEWS ARTICLE
SOUTHERN CALIFORNIA RECORD – NEWS ARTICLE
NEVADA COUNTY RESTAURANT COALITION – Lawsuit
Nevada County Restaurants get together to stand against Newsom and County unlawful mandates.
Nevada County Restaurant Coalition filed a 1st Amended Complaint on October 25, 2022, to conform with the order the District Court issued on October 04, 2022, reguarding the motion by the State of California and the County of Nevada to dismiss the case. While the order granted the State’s motion, it held the County to answe the issue of unconsitutional threats made to community members by government bureaucrats.
NC RESTAURANT COALITION MEMORANDUM
NC RESTAURANT COALITION LAWSUIT
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California Magazine Ban – Lawsuit
DUNCAN VS. BONTA (previously Becerra)
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