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Government Unfiltered

Chapter 5.1 - President Trump and His Allies Embark on a Desperate Gambit to Block Certification of the 2020 Presidential Election (The January 6th Report)

Government Unfiltered

Dan Williams

Politics, News, Government

4.8993 Ratings

🗓️ 7 March 2023

⏱️ 27 minutes

🧾️ Download transcript

Summary

5.1 - President Trump and His Allies Embark on a Desperate Gambit to Block Certification of the 2020 Presidential Election

  • The Intellectual Framework for the Theory That the Vice President Could Change the Outcome of the Election at the Joint Session Emerged From Discussions Among the Lawyers Working With the Trump Campaign After the 2020 Election
  • Kenneth Chesebro Articulated a "President of the Senate" Strategy in Early December, When the Trump Campaign Was Convening "Alternate" Electors in Key States President Trump Lost
  • On December 23, John Eastman Drafted the First of His Two "January 6th Scenario" Memos, Articulating the Argument That Under the Constitution the Vice President Is the "Ultimate Arbiter"
  • Eastman Changed His Evaluation of the 12th Amendment, and the Role of the Vice President, After President Trump Lost the Election
  • Eastman's "January 6 Scenario" Clearly Required the Vice President To Violate the Electoral Count Act, the Federal Law Governing the Certification of Presidential Elections
  • Eastman's Theory Was—in the Words of President Trump's Senior White House and Campaign Officials—"Insane," "Crazy," "Nutty" and It Would Never Practically Work
  • The Vice President's Conclusion That He Did Not Have the Ability to Affect the Outcome of the Election
  • President Trump's Allies Filed Lawsuits Seeking a Court Order Directing Vice President Pence Not to Count Certain Electoral Votes
  • Other Individuals Advising President Trump and His Campaign Also Advocated for a Role for the Vice President at the Joint Session

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Transcript

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0:00.0

This is a reading of the December 22nd, 2022 final report from the select committee to investigate the January 6th attack on the United

0:16.2

States Capitol.

0:18.7

Chapter 5 A Koo in Search of a legal theory.

0:27.0

5.1. President Trump and his allies embark on a desperate gambit

0:30.0

to block certification of the 2020 presidential election.

0:35.7

The intellectual framework for the theory that the Vice President could change the outcome

0:40.3

of the election at the joint session emerged from discussions among the lawyers

0:44.8

working with the Trump campaign after the 2020 election.

0:50.3

When the Electoral College met to cast votes for the certified winner in each state on December 14, 2020,

0:57.0

any possibility of President Trump reversing his defeat came to an end.

1:02.0

The contest was decided well before then, but December 14th marked

1:07.3

what should have been the formal end of the Trump campaign. Former Vice President Biden had won the election and his victory was cemented by the state's electoral votes.

1:18.0

Instead of bowing to this reality, some pro-Trump lawyers had already begun scheming ways to deny the inevitable.

1:26.4

Over the course of the post-election period, as their other plans each failed, the importance

1:31.7

of January 6th and the need to pressure Vice President Pence increased.

1:37.0

These same lawyers concluded that the Vice President could help President Trump subvert the election on January 6th.

1:45.0

But they would need Vice President Pence to set aside history and the law to do so.

1:51.0

They'd need him to violate the Electoral Count Act of 1887, the ECA.

1:58.2

The ECA had governed the joint session for 130 years, but it was an inconvenient barrier for President Trump's

2:05.6

plan to stay in office.

2:09.3

Kenneth Cheeseboro articulated a President of the Senate strategy in early December when the Trump

2:15.3

campaign was convening alternate electors in key states President Trump lost.

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