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One Pence aide shared a conversation with Eastman in which he acknowledged that the move wouldn’t be upheld in the courts, including the Supreme Court. In other meetings, Eastman, the founding director of a California-based conservative think tank, also conceded that such an argument would hold no legal muster, according to Jacob. 19, 2020, email that “the fake electors had no legal weight-referring to them as dead on arrival in Congress.” Liz Cheney, Republican of Wyoming and vice chair of the panel, said that Eastman admitted in a Dec. In fact, according to testimony and evidence presented to the committee, even Eastman didn’t buy into such a theory. Jacob’s deconstruction of the text, he said, confirmed the vice president’s “instinct” that Pence had no right to block the certification of Biden’s victory. He conducted extensive research on the Electoral Count Act of 1887, the arcane law that Eastman tried to exploit to invalidate the election. Jacob was the main legal mind in Pence’s inner circle helping him to resist Trump’s pressure campaign. “There is no justifiable basis to conclude that the vice president has that kind of authority,” Jacob told the panel. Several Pence aides said they never found the argument persuasive. Much of the Thursday hearing was focused on White House aides who pushed back on Eastman’s universally debunked theory that the vice president had the constitutional power to reject slates of electors during the counting of the Electoral College. “It tells us that they fear they’re going to be charged, or more generally, that they’ve engaged in conduct that’s a federal crime,” Harry Litman, a former U.S. 6-a request that they believe reveals a consciousness of guilt. In the opening hearing June 9, the committee teased out that it would unveil Republican members of Congress who sought pardons for their roles on Jan. Trump publicly announced 143 pardons on the last night of his presidency. “I’ve decided that I should be on the pardon list, if that is still in the works,” Eastman wrote to Trump’s personal attorney and confidant Rudy Guiliani, according to an email obtained by the Jan.
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11, 2021, email from Eastman requesting a pardon from Trump for his role in the attempts to stop the transfer of power to Biden. In another bombshell from the hearing, the committee showed a Jan. Pete Aguilar, the California Democrat who led the hearing Thursday, showed an earlier Eastman memo that recognized that the vice president didn’t have the unilateral authority to reject electors: “Nowhere does it suggest that the President of the Senate gets to make the determination on his own,” Eastman wrote. The panel also showed written evidence that Eastman knew he was pushing a fallacious argument. Jamie Raskin, Democrat of Maryland, told TIME after the hearing. “Just like they knew the factual assertion was a Big Lie, the legal assertion was a big joke,” Rep. Multiple former White House aides testified, either in person or in taped deposition, that the plan proposed by Eastman, the chief architect of the effort to block Joe Biden’s election victory, was either illicit or certain to be struck down in the courts. Such an admission was consistent with the testimony of other witnesses present at Thursday’s hearing, the committee’s third this month. “I believe he did on the 4th,” Jacob said in response to a question from the panel. 4, 2021, in which Eastman said told Trump that his plan to thwart the counting of the Electoral College violated federal statute. Greg Jacob, Vice President Mike Pence’s counsel, recounted a White House meeting on Jan.