John Eastman testifies on Capitol Hill in Washington. | AP Photo/Susan Walsh
By Kyle Cheney and Nicholas Wu
05/26/2022 10:03 PM EDT
John Eastman, the architect of Donald Trump’s bid to overturn the election on Jan. 6, 2021, told associates in December 2020 that the “alternate electors” the former president’s plan depended on would be “dead on arrival” unless state legislatures voted to certify them.
Yet even after every state legislature rebuffed Trump’s calls, Eastman pressed ahead with plans to pressure then-Vice President Mike Pence to consider the false electors, telling one campaign official that enough “uncertainty” existed to justify blocking Joe Biden’s victory.
The exchanges, detailed in court papers filed late Thursday by the Jan. 6 select committee, show how Eastman’s already fringe legal theory grew even more threadbare as Jan. 6 approached. Eastman’s plan, which at first depended on action from state legislatures, evolved to focus almost entirely on Pence’s role in the process.
Eastman ultimately argued that Pence could cite the uncertified electors to declare the election in dispute. He could then either send the election to the House of Representatives or delay the certification of Joe Biden’s victory long enough to convince state lawmakers to act.
The select committee used Thursday’s 57-page filing to urge a federal judge to grant the panel access to 600 additional emails Eastman is shielding from investigators. Eastman claims the documents the committee...
Welcome to Reality Check, NewsGuard’s nonpartisan newsletter that tracks the false claims and conspiracy theories that shape our world — and who’s behind them. Please support us by becoming a premi...