Kowalke v Eastman: A Vulgar Assault on the Constitution

by John D. Guandolo

America’s Founding Fathers established a nation based on the simple truth that human beings are created by God, have intrinsic value, and are born with unalienable rights which no man nor government can ever take away.

The primary duty of the federal government is to secure the liberties given to us by God.

The bedrock principles which undergird America’s entire legal and governmental system, as articulated in the Declaration of Independence, is the Law of Nature and of Nature’s God.

Legally defined, these terms mean Natural Law and Holy Scripture respectively.

Those who hate God, liberty, and America have been assaulting that foundation since shortly after the U.S. Constitution was ratified.

In Alaska, a dangerous and vulgar assault on the U.S. Constitution is underway in the Randal Kowalke v David Eastman trial.

The defendant, David Eastman, is a West Point graduate, a former U.S. Army officer, a Christian, a Patriot, and an unyielding warrior for liberty. Read more about him here.

Eastman is the kind of man loved by Patriots and despised by America’s enemies, including establishment republicans.

Eastman is also one of the 40 State Representatives in Alaska, and he recently won re-election to his 4th term in office.

The plaintiff, Randall Kowalke is an Alaskan citizen, and former borough assemblyman who is reported to live in David Eastman’s district.

Kowalke filed a law suit to have David Eastman removed from office because, the claim goes, Eastman is in violation of Article XII, Section 4 of the Constitution of Alaska which 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.”

David Eastman is a member of Oath Keepers and therefore, Kowalke argues, belongs to a group which calls for the violent overthrow of the U.S. government.

I testified last week as an expert witness for the defendant David Eastman in this trial for 3 hours on direct and then another 2 hours on cross examination.

In preparation for my testimony I read well over 1000 pages of articles about the Oath Keepers, their By-Laws, reports produced by the plaintiff’s “expert witnesses,” depositions of plaintiff’s witnesses, and more. I reviewed many hours of videos related to the events of January 6, 2021, reviewed many interviews with Oath Keepers over the last several years, and interviewed Oath Keepers founder Stewart Rhodes.

Over the years doing my work I have also met and spoken with hundreds of Oath Keepers across the United States. The men and women of Oath Keepers I have met only cared about (1) adhering to the oaths they swore as members of the military, as a police officer, or in some other capacity, and (2) ensuring American leaders do the same.

While I am not an Oath Keeper, I understand their desire to have American leaders at all levels demonstrate fidelity to their oaths of office and the U.S. Constitution.

It is critical for America’s survival.

In the trial, no credible evidence has been presented to demonstrate Oath Keepers as an organization exists to overthrow the U.S. government or seeks to do so.

In fact, the evidence reveals Oath Keepers exists to do what the vast majority of their members joined to do – support and defend the Constitution of the United States and hold leaders accountable to the same standard.

Oath Keepers is not anti-government, but anti-tyranny and anti-corruption.

The criminal proceedings against some members of Oath Keepers also does not support the argument they seek to “violently overthrow the United States.”

As a part of my trial preparation I read the entirety of the charging documents and plea agreements for all of the Oath Keepers involved, and the entire testimony at trial of Oath Keeper founder Stewart Rhodes.

Mr. Rhodes himself, was not charged with Conspiracy to Overthrow the Government. He was charged with “Obstruction of an Official Proceeding” and “Seditious Conspiracy” to oppose the authority of the U.S. government.

Rhodes was found “Not Guilty” on 3 other charges.

None of this is legally equivalent to Conspiring to (Violently) Overthrow the U.S. Government, and no evidence was presented to demonstrate that.

My testimony in this case went right at the heart of the plaintiff’s argument because the plaintiff and his witnesses completely mischaracterized the nature of the events on January 6th, demonstrated no knowledge of basic facts about Oath Keepers, had no understanding of the violent communist and jihadi Movements in the United States and their activities over the last 20 years, have no understanding of asymmetric warfare, information warfare or unrestricted warfare, and, on many occasions, merely regurgitated hard-left talking points that align with the enemies of liberty and the United States.

Epoch Times published and article related to my testimony which can be read here.

The People and the Constitution are Supreme

In November of 2022, the citizens of David Eastman’s district in Alaska re-elected him to serve as their State Representative.

He defeated his challenger by 24 points.

In America, the PEOPLE are the government. The people were aware of the information related to David Eastman’s membership in Oath Keepers and they re-elected him by a wide margin.

The vulgar assault on the will of the people and an individual’s right to freely associate is a significant example of how far the enemies of liberty, like Randall Kowalke, will go.

Despite the fact communist and Muslim Brotherhood doctrine calls for the violent overthrow of the U.S. government, communists openly serve positions of authority in the federal and state governments, and Muslim Brotherhood leaders are granted Top Secret clearances.

Oddly, there are no legal or judicial challenges to these issues.

Keep an eye out on this case in Alaska.

If the enemies are able to win there, you can expect the enemies of liberty to begin taking out all Patriot legislators across the United States using similar tactics.

Only WE the PEOPLE can make the change and stop this vulgar assault on our founding principles, our culture, and our Constitution.