An Alaska Superior Court judge has ruled that the state of Alaska must be part of the lawsuit in which a constituent of Rep. David Eastman said Eastman violated the constitution’s “disloyalty” clause and should be relieved of his duties because of his membership in the Oath Keepers. .
The state had asked to be excluded from the case and to let it play out between plaintiff Randall Kowalke and his legal team at the Northern Justice Project, and Representative Eastman. Judge Jack McKenna said no, the state is in the case because the Division of Elections is responsible for removing someone from the ballot for a violation of this state constitutional clause.
State attorneys said there was no provision to enforce the “disloyalty” clause, but McKenna was unresponsive. Monday’s hearing was not about the merits of the case itself, but about procedure. The actual court date is the week of December 12. It remains unclear whether the case will remain in Anchorage Superior Court or be transferred to Palmer, which is in the same borough as Eastman and Kowalke reside.
Oath Keepers, which has thousands of members across the country, including more than 250 members in Alaska, played a significant role in the January 6, 2021 events around the U.S. Capitol in an effort to prevent election certification. of Joe Biden for president.
The Oath Keepers are made up of former military and law enforcement personnel who have been sworn to protect and defend the United States Constitution. The group is not structured; the members agree that they will not follow any unconstitutional order. Many members of the group are concerned about voter fraud and fraudulent elections.
Last week in New Mexico, a state judge ruled that a founder of a group known as ‘Cowboys for Trump’ should be removed as Otero County Commissioner because of his participation in the events of January 6, 2021 at the United States Capitol. . County Commissioner Couy Griffin was to be immediately removed from office and barred from public office under Section 3 of the 14th Amendment because he “engaged” in the Jan. 6 protest and he was therefore disqualified from holding elected positions at the federal or state level, according to the judge.
Judge Francis Mathew in Santa Fe relied on a little-known provision of the 14th Amendment to the US Constitution, which states that “no person shall be a senator or representative in Congress” or “hold any office, civil or military” if after having taken an oath to uphold the Constitution, they “engaged in insurrection or rebellion against it, or gave aid or comfort to its enemies”. This provision was originally drafted to prevent members of the Confederacy from rising to elected office after the Civil War.
Eastman also attended the protest at the United States Capitol on January 6, 2021, along with several other Alaskans and thousands of Americans, but he never entered the building or participated in any violence. Instead, the Wasilla representative spent time waving an American flag with friends, listening to President Donald Trump’s speech and socializing.
Eastman’s attorney is political activist Joe Miller, who argues that Justice McKenna allows the bureaucratic machine to decide who can and cannot be a candidate. He said McKenna was expanding the role of the state by making political criteria a key part of what is a subjective decision. Miller is a former candidate for the United States Senate.
Kowalke’s attorney at the Northern Justice Project is Fairbanks North Star Borough Liberal MP Savannah Fletcher.
A list of Oath Keepers members has been leaked by the Anti-Defamation League and shows that hundreds of elected officials, military and law enforcement officers belong to the group. This the list is on this link. The ADL’s analysis as of August 2022 shows that 42 current election candidates are on the list and more than 80 are on the list who currently hold elective office.
“While none of these elected officials have explicitly offered to use the powers of their office to help the Oath Keepers, their support for the Oath Keepers – demonstrated by their willingness to sign up to the group – raises questions about how whose group ideology may influence their how they wield the power granted to them,” wrote the ADL, which lists the Oath Keepers as an extremist group.
President Joe Biden also opened the door to making enemies of patriots during his speech at Independence Hall, when he said Republicans supporting Trump were a threat to democracy.
Read the grand jury indictment against several members of the Oath Keepers below: