Judge weighs how to proceed on case against Wasilla lawmaker over Oath Keepers membership

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Judge weighs how to proceed on case against Wasilla lawmaker over Oath Keepers membership
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A state court judge said he would aim to issue a ruling by Friday on whether to allow the case challenging Republican Rep. David Eastman’s eligibility to hold office to proceed to trial.

Wasilla Republican Rep. David Eastman appears in court during oral arguments in a case challenging Eastman's eligibility to hold office and appear on the general election ballot, on Friday, Sept. 9, 2022 in Anchorage. Eastman is a member of the Oath Keepers, a far-right militia group whose leaders have been accused of plotting to storm the U.S. Capitol to overturn the 2020 election.

Eastman has asked that the case against him be dismissed. McKenna heard arguments on that and related matters Thursday. He said he would aim to issue a ruling by Friday. Trial was tentatively set to begin next week., one of a number of people who filed challenges to Eastman’s candidacy with the Division of Elections earlier this year.

Eastman’s attorney Joe Miller argued in part that Kowalke lacked standing to bring the case. He said Thursday that Kowalke is not in Eastman’s district and has not shown any evidence of harm.Miller, in court filings, also said evidence relied on by the plaintiff, including indictments and convictions against Oath Keepers, does “not support the legal conclusions they attempt to draw that Oath Keepers, as an organization, advocates for the overthrow of the government.

“But even assuming these allegations are true, DOE has determined that they do not — without more — provide a basis to prevent Representative Eastman from running for state office,” she wrote. Fenumiai in June said the division had received 24 timely filed challenges to Eastman’s candidacy.Attorneys for the division, in court records, said the division “did everything the law requires it to do.”

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