Former Vice President Mike Pence’s chief adviser made in a memo the day before January 6, 2021, that the vice president would be breaking federal law if he bowed to pressure from President Donald J. Trump to interfere with Joseph R. Biden’s certification Jr.’s victory.
The three-page memoget by Politico and confirmed as authentic by The New York Times, including arguments from the chief counsel, Greg Jacob, that Mr. Pence could find himself in a legally precarious situation if he decides to block the certification of the results. The Electoral College unilaterally or by calling for a 10-day delay in the proceedings.
An attorney advising Mr. Trump, John Eastman, has insisted that Mr. Pence has the power to take both actions, noting a 10-day delay as January 6 draws closer. Mr. Eastman emphasized his statements during a meeting with Mr. Pence and Mr. Jacob in the Oval Office on Jan. 4.
But Mr. Pence, who in the weeks after the election told Mr Trump he did not believe he had such authority but would continue to study the matter, was given specific guidance by his own aides. body.
Mr. Jacob wrote in the memo that Mr. Pence would most likely be sanctioned by a court if he made such a move.
“In the best-case scenario where the courts refuse to engage, the vice president is likely to find himself in an isolated confrontation with both houses of Congress, as well as most or all of the legislatures of the United States. applicable state, there is no neutral arbitrator. to break the deadlock,” Jacob wrote in the memo.
A spokesman for Mr. Pence declined to comment.
Next its first hearing Last week, the committee investigating the Capitol riots is scheduled to hold three more hearings next week, including one on Thursday, in which Jacob is said to be a witness. main.
That session is expected to focus on the campaign to pressure Mr. Pence to include himself in Electoral College voter certification, a procedure that is often customary.
Mr. Jacob told the committee that he wrote the memo after meeting with Mr. Eastman, Politico reported.
Mr Eastman’s conduct has become the focus of a House investigation into the events that led to the riots. In March, in a civil case stemming from Mr. Eastman’s attempt to block the committee from accessing a series of emails related to his advice to Mr. Trump, a federal judge said he and Mr. Trump. “more likely than not” committed the crime of trying to overturn the outcome of the election.
The memo from Mr. Jacob is one of a series of articles he wrote regarding pressure on Mr. Pence after the 2020 election. One came in early December, after Mr. Pence asked Mr. Jacob to learn about his powers. he is related to the January 6 certification.
Another memo, also obtained by Politicowritten on Jan. 1. It reviews various allegations of widespread fraud that Trump’s advisers have pointed to, including in Georgia, where Mr. Trump has repeatedly made statements that officials consider it unfounded.
The memo details statements from six key states – states that Mr. Pence’s advisers predict that House lawmakers will try to challenge the certification, likely with support from the Senate. congressmen from those states.
