Trump’s lawyer: Mike Pence misrepresented his task in letter

John Eastman says he did not ask VP to decide presidential election

January 07, 2021

President Trump’s constitutional lawyer John Eastman said late Wednesday afternoon that Vice President Mike Pence misrepresented what he was being asked to do when he presided over the certification of the Electoral College votes.

“I think he’s exaggerating what the request was,” said Eastman in an interview with Steve Bannon on “War Room.”

The lawyer said Pence was not asked to be the only one to decide the election.

“That’s not what he was being asked; that’s not what we asked him this morning, and that’s not what the president asked him this morning,” said Eastman, a constitutional scholar at the Claremont Institute and a former Supreme Court clerk.

The attorney noted Pence began the three-page letter he issued just before the start of the joint session of Congress acknowledging there were numerous instances of officials in battleground states setting aside state election laws.

“That means we have several slates of electors that were illegally given,” Eastman explained.

“And what [Pence] had been asked to do is recognize that they had been illegally given and send it back to the state legislatures and allow them — and they’re the proper constitutional authority in this instance — to allow them to assess the situation in their own states and decide whether they can ratify the existing slate of electors or whether they were fraudulently given and should be altered,” Eastman said.

Pence said in his letter that it was “my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which sho…

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