Oath Keepers seek to overthrow government, judge says, but First Amendment protects Eastman: The Wasilla Republican had been accused of violating the Alaska Constitution’s disloyalty clause with his Oath Keepers membership

An Anchorage Superior Court Judge has ruled that Wasilla Republican Rep. David Eastman’s membership in the Oath Keepers does not violate the Alaska Constitution’s disloyalty clause because of First Amendment protections for free speech.

The decision, which may be appealed, means Eastman may continue serving in the Alaska Legislature. Eastman was re-elected in November.

In a 49-page order issued Friday morning, Judge Jack McKenna said the Oath Keepers — labeled an antigovernment militia by the federal government — “are an organization that has, through words and conduct, taken concrete action to attempt to overthrow by violence the United States Government.”

That meets the standards for disloyalty under Article XII, Section 4 of the Alaska Constitution, but McKenna said further, “The court further finds that Rep. Eastman is a member of that organization, but that he does not and did not possess a specific intent to further the Oath Keepers’ words or actions aimed at overthrowing the United States government. The court therefore finds that he is not disqualified from holding public office by Article XII, Section 4.”

The decision comes in response to a lawsuit filed by a Matanuska-Susitna Borough resident, Randall Kowalke, who challenged Eastman’s eligibility for office under the disloyalty clause.

A ruling in Kowalke’s favor could have prevented Eastman from taking office.

“We’re obviously disappointed by the outcome and need to figure out our next steps,” said Goriune Dudukgian, who represented Kowalke at a seven-day bench trial.

An appeal to the Alaska Supreme Court has been expected, but Dudukgian said a decision on whether or not to appeal will not take place until after Christmas.

“We obviously have to make a quick decision,” he said.

McKenna’s order has been placed on hold, pending an appeal. The Alaska Legislature convenes Jan. 17.

This article is developing and will be updated. Check back later for more.