September 21, 2021
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Law professor cited by Trump attorney John Eastman says his argument was abused as part of a 'ploy' to get Pence to overturn the 2020 election - Yahoo News

Mike Pence in the US Senate next to two aides.
Then-Vice President Mike Pence presides over a joint session of Congress on January 6.

  • In September 2020, Laurence Tribe cowrote an article on Trump's efforts to undermine the election.

  • The article detailed Trump's belief that Congress, not the Electoral College, could keep him in power.

  • The article was cited by the Trump attorney John Eastman in a two-page memo.

A law professor whose work was cited as part of an effort to overturn the 2020 election says former President Donald Trump's legal team butchered his argument as part of their "ploy" to disenfranchise millions of voters.

In a two-page memo, the right-wing attorney John Eastman laid out a six-point plan for throwing out votes from seven states that Trump lost, part of a last-ditch effort to secure him a second term. The memo, published this week by CNN, claimed incorrectly that former Vice President Mike Pence could unilaterally reject electors from those states - including Arizona, Georgia, and Pennsylvania - and ultimately throw the decision to the House of Representatives, where, with each state delegation receiving one vote, Trump would likely have prevailed despite losing the popular vote and Electoral College.

Eastman pointed to a novel and extraordinary interpretation of the 12th Amendment to the US Constitution, which states that the president of the Senate - Pence, in this case - is entrusted with opening the "certificates" representing each state's slate of electors and counting the votes in front of a dual session of Congress. According to Eastman, Pence could decide to reject those certificates in favor of competing, unofficial slates put forward by pro-Trump contingents in each state.

Or Pence could decide not to accept any battleground slate, giving Trump a majority of the electors counted.

"This reading of the 12th Amendment has also been advanced by Harvard Law Professor Laurence Tribe," Eastman wrote, citing a September 2020 article cowritten by the former Obama administration official.



source: https://www.yahoo.com/news/law-professor-cited-trump-attorney-215904907.html

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