Mar 7, 2023
5.1 - President Trump and His Allies Embark on a Desperate Gambit to Block Certification of the 2020 Presidential Election
- The Intellectual Framework for the Theory That the Vice President Could Change the Outcome of the Election at the Joint Session Emerged From Discussions Among the Lawyers Working With the Trump Campaign After the 2020 Election
- Kenneth Chesebro Articulated a “President of the Senate” Strategy in Early December, When the Trump Campaign Was Convening “Alternate” Electors in Key States President Trump Lost
- On December 23, John Eastman Drafted the First of His Two “January 6th Scenario” Memos, Articulating the Argument That Under the Constitution the Vice President Is the “Ultimate Arbiter”
- Eastman Changed His Evaluation of the 12th Amendment, and the Role of the Vice President, After President Trump Lost the Election
- Eastman’s “January 6 Scenario” Clearly Required the Vice President To Violate the Electoral Count Act, the Federal Law Governing the Certification of Presidential Elections
- Eastman’s Theory Was—in the Words of President Trump’s Senior White House and Campaign Officials—“Insane,” “Crazy,” “Nutty” and It Would Never Practically Work
- The Vice President’s Conclusion That He Did Not Have the Ability to Affect the Outcome of the Election
- President Trump’s Allies Filed Lawsuits Seeking a Court Order Directing Vice President Pence Not to Count Certain Electoral Votes
- Other Individuals Advising President Trump and His Campaign Also Advocated for a Role for the Vice President at the Joint Session
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