Pence Aide Warned Against Blocking Electoral College Count, Memo Shows
Former Vice President Mike Pence’s chief counsel specified by a memo the day earlier than Jan. 6, 2021, that the vp would violate federal legislation if he bowed to stress from President Donald J. Trump to intrude with the certification of Joseph R. Biden Jr.’s victory.
The three-page memo, obtained by Politico and confirmed as genuine by The New York Times, included arguments from the chief counsel, Greg Jacob, that Mr. Pence might discover himself in a legally precarious state of affairs if he determined to dam the certification of the Electoral College outcomes both unilaterally or by calling for a 10-day delay within the proceedings.
A lawyer advising Mr. Trump, John Eastman, had insisted that Mr. Pence had the facility to take each of these actions, emphasizing the 10-day delay as Jan. 6 grew nearer. Mr. Eastman pressed his claims in a meeting with Mr. Pence and Mr. Jacob within the Oval Office on Jan. 4.
But Mr. Pence, who within the weeks after the election informed Mr. Trump that he didn’t imagine he had such energy however would proceed researching the matter, was given concrete steering by his personal aides.
Mr. Jacob wrote within the memo that Mr. Pence would most definitely be overruled by the courts if he made such a transfer.
“In a best-case scenario in which the courts refused to get involved, the vice president would likely find himself in an isolated standoff against both houses of Congress, as well as most or all of the applicable state legislatures, with no neutral arbiter available to break the impasse,” Mr. Jacob wrote within the memo.
A spokesman for Mr. Pence declined to remark.
Following its prime-time listening to this previous week, the House committee investigating the Capitol riot is scheduled to carry three extra hearings within the coming week, together with one on Thursday at which Mr. Jacob is about to be a key witness.
That session is slated to concentrate on the stress marketing campaign on Mr. Pence to insert himself into the certification of the Electoral College vote, a continuing that’s often routine.
Mr. Jacob has informed the committee that he wrote the memo after the meeting with Mr. Eastman, Politico reported.
Mr. Eastman’s conduct has been a focus of the House investigation into the occasions that came about main as much as the riot. In March, in a civil case stemming from Mr. Eastman’s efforts to maintain the committee from accessing a tranche of emails associated to his recommendation to Mr. Trump, a federal decide stated that he and Mr. Trump “more likely than not” dedicated crimes as they sought to overturn the outcomes of the election.
The memo from Mr. Jacob was one in a sequence that he wrote associated to the stress on Mr. Pence following the 2020 election. One got here at the start of December, after Mr. Pence requested Mr. Jacob to discover what his authority was in relation to the Jan. 6 certification.
Another memo, also obtained by Politico, was written on Jan. 1. It evaluated the varied allegations of widespread fraud that Mr. Trump’s advisers had pointed to, together with in Georgia, the place Mr. Trump repeatedly made claims that officers stated have been baseless.
The memo detailed claims from six key states — those for which Mr. Pence’s advisers anticipated that House lawmakers would attempt to problem the certification, doubtlessly with help from senators from these states.