North Charlotte Today

Attorney John Eastman, who supported former president Donald Trump in his 2020 legal challenge of the presidential election outcome, recently had his bank accounts closed at Bank of America and USAA without explanation, a move he and others have dubbed "de-banking."

“The corporate board is making decisions that they don't want to have anything to do with conservatives that were involved in the 2020 election challenges,” Eastman told North Charlotte Today.   

According to Eastman, Bank of America provided no additional information about his account closures, and deemed their decision final. 

The former attorney to President Trump questions the legality of these account closures, citing public accommodation laws in multiple states that include protections based on political viewpoint or affiliation. 

“I suspect that's what it is, but it might also be that they are tired of dealing with what I consider to be unconstitutional efforts by law enforcement at the Department of Justice or the FBI to get transactional data from people, you know, that would constitute a general warrant in violation of our Fourth Amendment.” 

Eastman recounted the account closure notices he received from both Bank of America and USAA. 

"In September, we got a letter from Bank of America saying they were closing our accounts pursuant to the terms of our account agreement," he said.   

The closure of Eastman's accounts without explanation raises concerns about financial institutions' discretion in terminating accounts and the potential legal implications surrounding these actions.

“Now, of course, the statement that they can terminate the account for whatever reason is not true,” Eastman said. “Even though the contract says that there are public accommodation laws in multiple states that include political viewpoint or political affiliation.” 

Eastman said that 15 states’ attorneys general, led by Kansas Attorney General Kris Kobach are investigating this issue.

“I've received word from several people that similar things have happened to them,” he said. 

Additionally, Eastman pointed to broader issues of "deplatforming by Bank of America generally," suggesting a broader examination of the bank's practices as a larger political strategy may be warranted. 

Eastman has similarly been outspoken about what he and others deem “lawfare” against he and others in the Trump orbit. He said the tampering with his bank relationships appears to be an extension of that spirit. 

“I've been speaking publicly about it quite a bit,” Eastman said. “This is an abuse of the criminal justice system, an abuse of the bar disciplinary system to target political opponents for taking positions on facts about the legality of the election and on, contested, issues of constitutional interpretation. We've never applied criminal law or disciplinary proceedings in such a context.” 

In an email to North Charlotte Today, Bank of America said that political views had nothing to do with the closing. “Due to privacy rules, we don’t comment on client accounts. However, I can say that political views are not a factor in any account closing,” a bank spokesperson said in an email. 

Bank of America also included a letter to the 15 states attorneys general investigating the matter. 

“As with account openings, a decision to close an account is subject to review and scrutiny,” Bank of America said in the letter. 

”There are multiple reasons why we close accounts, including because of a change in the stated purpose of the account; the expected level or type of transactional activity; or the inability to obtain or verify the customer’s account opening documentation as required by law. In all events, however, the determination to close an account is based on a totality of circumstances and factors. Moreover, as with all banks operating within the United States, our account agreements are subject to federal and applicable state laws, including with respect to discrimination.” 

Eastman, who began his career as a Supreme Court clerk for Justice Clarence Thomas, previously served as a professor and dean at Chapman University School of Law, and unsuccessfully ran for congress and attorney general in California as a Republican.  

“I've been indicted in Georgia and now Arizona,” he said. “I've had the most expensive bar trial in history, conducted against me in California. We're fighting. I've had 18 different actions that I've been fighting against.“ 

After facing indictment and being disbarred in California, a fundraiser has been set up for Eastman's defense at GiveSendGo.

Kansas Attorney General Kris Kobach has spearheaded a coalition of 15 attorney generals demanding that the Bank of America halt its practice of "de-banking" conservative customers. 

In an official letter addressed to the banking giant, Kobach emphasized that Bank of America's actions, including the cancellation of accounts and the sharing of customer information with law enforcement, pose a threat to fundamental freedoms. 

"Bank of America’s practice of canceling the bank accounts of conservatives and even turning over information about customer’s purchases to federal law enforcement undermines free speech, religious freedom and the right to privacy," Kobach said in a press release.

The letter alleges that Bank of America has engaged in discriminatory practices based on political and religious affiliations. 

The bank's refusal to provide services to certain groups, such as gun manufacturers and Christian ministry organizations, has raised concerns among the coalition members.

Furthermore, the attorneys general highlighted Bank of America's cooperation with federal authorities in profiling conservative and religious Americans as potential domestic terrorists. Such actions, they argue, not only violate constitutional rights but also expose the bank to legal liability under consumer protection and anti-discrimination laws.

Kobach led the charge in drafting the letter, with support from attorneys general representing Alabama, Arkansas, Idaho, Indiana, Iowa, Mississippi, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and Virginia.

According to RealClearMarkets, the bank has been accused of canceling accounts of others with vague notifications. 

Former customers have reported getting notifications that their accounts are being canceled due to “reputational risk,” with the bank refusing to provide concrete reasons for terminating the accounts.

In 2023, Bank of America also de-banked Indigenous Advance Ministries—a charity serving a vulnerable population in Uganda, a Memphis church that occasionally supports it, and a separate LLC that employs Ugandan men and women. 

According to Real Clear Markets, shareholders have taken notice of Bank of America’s viewpoint-based de-banking practices and have called for transparency, seeking answers. 

Advocates for financial transparency are also urging banks to clarify their de-banking criteria.