An Alaskan GOP lawmaker at the state level is facing the possibility of being removed from office.
Matanuska-Susitna Borough resident, Randall Kowalke, filed a lawsuit against State Rep. David Eastman who was elected to his fourth term in office in November.
The suit which is based on a ‘disloyalty clause,’ seeks to remove Eastman from office over his affiliation with a group that’s been accused of involvement in the riot at the Capitol Building on January 6, 2021.
The clause to which the lawsuit refers reads, “No person who advocates, or who aids or belongs to any party or organization or association which advocates, the overthrow by force or violence of the government of the United States or of the State shall be qualified to hold any public office of trust or profit under this constitution.”
Goriune Dudukgian, an attorney representing the plaintiff, said in a statement, “We’re expecting a ruling from the judge in the next few days. We’re proud of the case we put on and like our chances.”
Eastman is firing back saying, “This trial is proceeding as though the 1st Amendment had already been repealed. That is a terrifying reality for the voters in my district. It is a fundamental American right that your vote will be counted. This lawsuit was filed to ensure that the voters in my district would not have their votes counted.”
When the suit was filed last summer, Randall Kowalke had a different take. He said, “I think the takeaway is, what’s our level of tolerance? What are we going to allow from our candidates or representatives? Are we going to allow full-blown communists? Jihad folks? Fascists? Particularly those that are supporting the overthrow of our government? I guess it’s time to find out.”
The premise of the allegations: Kowalke’s attorneys are asking Anchorage Superior Court Judge Jack McKenna to declare that Eastman is a member of the Oath Keepers.
They also want the judge to declare that the Oath Keepers advocate overthrowing the U.S. government and “that the constitution’s disloyalty clause prohibits Eastman from holding office.”
According to a report by Alaska Public Media, the attorneys have provided evidence showing that Eastman is a founding lifetime member of the Oath Keepers.
They also believe that last week’s sedition conviction will help them with their claims but wonder if a judge will rule that a whole group holds the views of the leader.
The third point of the case deals with the First Amendment. The attorneys for Kwalke need to prove that “the disloyalty clause doesn’t violate state and federal guarantees of free speech.”
Precedent shows that courts have tossed out federal and state sedition statutes due to their unconstitutionality.
If Kowalke wins the case, Eastman will be replaced by Republican Stuart Graham who took second place in the race in November.
If the judge rules in favor of Eastman, the state’s disloyalty clause will likely become moot.
