Former Vice President Mike Pence’s chief adviser said in a note the day before January 6, 2021, that the vice president would violate federal law if he succumbed to pressure from President Donald J. Trump to intervene in the certification of Joseph R. Biden’s Junior Victory.
The three-page note, received by Politico and confirmed as authentic by The New York Times, includes arguments from Attorney General Greg Jacob that Mr. Pence may be in a legally uncertain situation if he decides to block Electoral College certification. either unilaterally or by calling for a 10-day delay in proceedings.
A lawyer advising Mr Trump, John Eastman, insisted that Mr Pence had the power to take both action, stressing the 10-day delay as January 6 approached. Mr Eastman insisted on meeting with Mr Pence and Mr Jacob in the Oval Office on 4 January.
But Mr Pence, who told Mr Trump in the weeks after the election that he did not believe he had such power but would continue to investigate, received specific guidance from his own aides.
Mr Jacob wrote in a note that Mr Pence was likely to be dismissed by the court if he made such a move.
“In the best case scenario, in which the courts refuse to participate, the vice president is likely to find himself in isolated opposition to both houses of Congress and most or all of the state’s applicable legislatures, without a neutral arbitrator available. to break the dead end, “Mr Jacob wrote in a note.
A spokesman for Mr Pence declined to comment.
Following its prime time hearing last week, a House of Representatives committee investigating the Capitol riots is due to hold three more hearings next week, including one on Thursday, at which Mr Jacob is expected to be a key witness.
This session aims to focus on the campaign to put pressure on Mr Pence to participate in the certification of voting in the Electoral College, a procedure that is usually routine.
Mr Jacob told the committee he had written the note after meeting with Mr Eastman, Politico reported.
Mr Eastman’s behavior was at the heart of the House of Representatives’ investigation into the events leading up to the uprising. In March, in a civil lawsuit stemming from Mr. Eastman’s efforts to prevent the commission from accessing a tranche of emails related to his advice to Mr. Trump, a federal judge said he and Mr. Trump “on – they probably committed crimes rather than not “because they were trying to annul the election results.
Mr Jacob’s note was one of a series he wrote about pressure on Mr Pence after the 2020 election. One came in early December after Mr Pence asked Mr Jacob to investigate what are its powers in connection with the certification of 6 January.
Another note, also received from Politico, was written on 1 January. It assessed various allegations of widespread fraud made by Mr Trump’s advisers, including in Georgia, where Mr Trump has repeatedly made allegations that officials say are unfounded.
The memorandum contains detailed statements from six key states – those for which Mr Pence’s advisers expected House MPs to try to challenge certification, potentially with the support of senators from those states.
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