Fox News host Mark Levin was the only voice during the network’s prime-time programming last week to defend disgraced former law professor John Eastman, as the House select committee investigating the January 6 insurrection started documenting Eastman’s push for then-Vice President Mike Pence to refuse to certify Joe Biden’s victory in the 2020 presidential election. Levin has in fact been defending Eastman’s wild election theories for quite some time — even though Eastman knew his plan to keep Donald Trump in office was illegal.
Levin and Eastman were also reportedly in communication when Eastman was assisting Trump’s efforts to overturn the 2020 presidential election, acting in a supposed “dual role” as both Eastman’s personal legal adviser and a media host.
Levin was one of the top media voices for Trump’s efforts to convince Republican-controlled state legislatures to override the 2020 election results in their states. In the days leading up to the January 6, 2021, insurrection at the U.S. Capitol — and after state legislative leaders had refused to follow that demand — Levin advocated for Trump’s plan to have Republicans in Congress “determine which electors to count and which ones matter,” as a continued path to throw out the votes of millions of people.
Now, as Eastman’s role in Trump’s coup attempt has come under greater scrutiny, Levin has also emerged as one of the staunchest defenders of Eastman’s most egregious rationale for Trump to seize power after losing the election. All this time, Levin has proceeded without ever disclosing that the two of them had been in secret communication during those crucial months, as the Trump team devised its plans to overthrow the republic.
- On the October 4, 2021, edition of his radio show, Levin responded angrily to a New York Times article on Eastman, which also detailed how Trump first became acquainted with Eastman after an appearance on Levin’s Fox show. “You work for a newspaper that is thoroughly antisemitic, and you dare to call me a ‘far-right commentator’?” Levin said. He also declared, “Your Alinsky tactics against John Eastman or against me, they're not going to work. We're on to you clowns. You’re corrupt.”
- On the November 11, 2021, edition of his radio show, Levin defended Eastman’s claim that Pence could “refuse to accept” Electoral College votes from states, describing it as “not a completely crackpot theory, you know?”
- On the March 3 edition of his radio show, Levin read an article about the State Bar of California’s investigation against Eastman. As he read from the piece in outrage, Levin further complained that prominent Democratic election attorney Marc Elias was not under investigation by the District of Columbia Bar Association, though he provided no examples of violations deserving such an investigation.
- On the March 28 edition of his radio show, Levin read a Fox News online article about a decision by a federal judge that Trump had likely committed criminal offenses in seeking to obstruct the counting of the electoral votes — a key ruling in finding that memos by Eastman were not protected under attorney-client privilege from the January 6 committee. Levin then went on an extended rant, expressing disbelief that any of Eastman’s and Trump’s actions could have been considered crimes and also repeatedly insisting that federal district court Judge David Carter was the one who should face legal sanctions for handing down such a ruling. “John Eastman didn't do anything that was corrupt — nothing,” Levin said. “I’ve known this man for decades. He has the highest level of integrity and ethics. And I know when I speak this way I come under attack.”
- On the June 16 edition of his radio show, Levin complained that Eastman was being turned into “the fall guy” in the House select committee’s investigation.
- Then on the June 16 edition of Fox News’ Hannity, Levin defended Eastman’s position: “It is not clear under the United States Constitution. It is not clear under the 12th Amendment what the responsibilities of the vice president of the United States are and how they are limited.”
- And on the June 19 edition of his Fox News TV show, Life, Liberty & Levin, he opined: “The vice president of the United States, what is his power as president of the Senate when it comes to counting electors? We really don't know.” Levin then spoke rhetorically as if it were to Pence, implying that the vice president really did have a duty to reject state election results based on procedural changes that were made during the pandemic. “Didn't you take an oath to this, the Constitution of the United States? Doesn't this supersede everything else?” (Levin also harangued the U.S. Supreme Court for not striking down all those state election decisions.)