Pence’s role thwarting Trump takes center stage

WASHINGTON – Former Vice President Mike Pence’s refusal to single-handedly reject electoral votes on Jan. 6, 2021, as former President Donald Trump pressured him to do, will be the subject of the Thursday House hearing investigating the Capitol attack.

The latest: 

  • 📝 Be ready to hear the name John Eastman. Who is he?: Trump’s lawyer, John Eastman, drafted the plan for Pence to reject votes from seven states President Joe Biden won, which could have thrown the 2020 election to Trump. But legal experts said there was no legal justification for the plan.
  • 🗳️ Pence in Ohio today: Pence will travel to Cincinnati on Thursday alongside Gov. Mike DeWine for a roundtable with members of Ohio’s natural gas and oil industry.
  • Pence: electoral count rejection ‘illegal’: Marc Short, chief of staff to former Vice President Mike Pence, says Pence told former President Donald Trump “many times” that any plan to have Pence reject electoral votes was illegal.
  • Federal judge: Trump’s order would have been ‘tantamount to revolution’: Federal Judge J. Michael Luttig told the Jan. 6 Committee that had Pence obeyed orders from Trump on Jan. 6, declaring Trump the presidential election winner, it would have “plunged America” into what he says would’ve been “tantamount to a revolution within a constitutional crisis.”

What to expect out of today’s hearing:Trump raised millions to fight election fraud before Jan. 6. Here’s how that money was spent.

Former Vice President Mike Pence in a video during the opening public hearing of the committee to investigate the January 6 attack on the United States Capitol. After a year-long investigation, the committee will hold eight public hearings to reveal their findings.

Trump lawyers wanted Pence to not count Arizona’s electoral votes

A day before the Electoral College met to cast their votes on Dec. 14, 2020, Trump attorney Kenneth Chesebro sent a memo to Rudy Giuliani that Pence is charged with “making judgements about what to do if there are conflicting votes.” 

Chesebro wanted Pence to not count Arizona’s votes (which JBiden won) in the joint session of Congress, “because there are two slates of votes.” 

A group of Trump supporters in Arizona and other states had proclaimed themselves “the true electors for the state,” thus creating a group of official electors chosen by the state, and a group of “fake electors,” Cheney said in the hearing.

– Katherine Swartz

Greg Jacob (left), former counsel to Vice President Mike Pence testifies along with J. Michael Luttig, retired judge for the U.S. Court of Appeals for the Fourth Circuit and informal advisor to the Vice President during the House select committee to investigate the Jan.6th attack on the Capitol on June 16, 2022.

Pence ‘first instinct’ said he did not have power over 2020 election

A lawyer for Vice President Mike Pence said Pence had an immediate response to the idea that he could sway the 2020 election — that there is no way that the framers of the Constitution intended for him to have that power.

Greg Jacob, Pence’s general counsel, recounted Pence’s reaction and described the conversation that came before Jacob put together a legal memo for Pence that explained the obscure line in the Constitution describing the vice president’s role as well as the Electoral Count Act that laid out the process of counting votes.

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