![]() 6 that he wanted Pence not to just delay the certification of the electors, but to reject them and choose an alternative slate of electors so that he would be re-elected. ![]() President Trump made it fairly clear before and after Jan. Klingenstein and Eastman dive into the historical precedent of disputed elections and procedural intrigue, going through the elections of 1796, 18 - examples of disputed and delayed elections.Įastman also challenges the constitutionality of the Electoral Count Act, and argues that recent attempts by lawmakers to amend it to clarify the ministerial and entirely symbolic role of the vice president in the certification of electors betrays that the original role outlined in the Constitution must not have been simply symbolic. In one memo, Eastman claimed that Pence could have declared President Trump as re-elected after invalidating the electors from seven disputed states.Īfter “howls” from the Democrats, he argues Pence could have sent the matter to the House of Representatives where the state legislatures would decide the president on a bare majority. ![]() 6, 2021, Eastman provided then-President Trump with legal advice on the question of whether or not Mike Pence had the authority to delay certification of the 2020 election. This language, in Eastman’s view, would have given then-Vice President Mike Pence the authority to delay the certification of electors from the states with suspected fraud. “The President of the Senate shall in the presence of the Senate and House of Representatives open all certificates and the votes shall then be counted,” the 12th Amendment reads. Eastman discusses the meaning of the 12th Amendment to the Constitution, which outlines the procedure for electing the president and vice president. ![]()
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