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The Conversation with Dasha Burns

The never-before-told backstory of Pence's Jan. 6 argument

The Conversation with Dasha Burns

POLITICO

News, Government, Politics

4.01.6K Ratings

🗓️ 18 February 2022

⏱️ 31 minutes

🧾️ Download transcript

Summary

For most of his life, J. Michael Luttig has operated behind the scenes at the top of the conservative legal world. He started his career as a young aide at the U.S. Supreme Court, worked as an attorney in the Reagan White House, clerked for Judge Antonin Scalia before he was a legal icon, helped guide the appointment of two other Supreme Court justices, and was appointed to a federal judgeship by President George H.W. Bush. During Luttig’s time on the bench, one of his clerks was a young attorney named John Eastman. In recent months, Eastman’s name has become inextricably tied to the legal advice he offered to then-President Donald Trump in December 2020 and January 2021: In a now-infamous legal memo, Eastman argued that then-Vice President Mike Pence had the ability to discard certified electoral votes from contested states — a notion that has been roundly debunked, but which Trump’s closest allies clung to (and which helped to inspire some of his supporters to storm the Capitol in rage). That story is, by now, well known. But there’s another part of the story — one that hasn’t been told until now. Today, in his first in-depth interview on the topic, Luttig shares the story of those days before the insurrection, when he was unknowingly enlisted to help Pence reject Trump’s efforts on Jan. 6.  For “Playbook Deep Dive,” Ryan Lizza talks with Luttig about his advice to Pence then, what needs to be done to rewrite the Electoral Count Act now, and why he’s choosing this moment to make his legal commentary loud, clear and very public — in panel discussions and op-eds in publications like The New York Times Ryan Lizza is a Playbook co-author for POLITICO.J. Michael Luttig is a former judge on the United States Court of Appeals for the Fourth Circuit.Kara Tabor is a producer for POLITICO audio.Carlos Prieto is a producer for POLITICO audio.Jenny Ament is the senior producer for POLITICO audio. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Here's a question I never thought I would ask.

0:05.0

Can a future politician succeed where Donald Trump failed on January 6th and use the

0:10.9

Electoral Count Act of 1887 to seize the presidency in 2024?

0:18.8

We will never give up, we will never concede, it doesn't happen, you don't concede when

0:23.9

this theft is involved.

0:26.5

I'm Ryan Liza and this is Playbook Deep Dive.

0:38.3

From the early 90s to the mid-Auts, Jay Michael Ludic was an influential judge on the US

0:43.8

Court of Appeals for the Fourth Circuit.

0:46.1

I'm so much more interested in the law than the politics of it.

0:50.8

He's a big deal.

0:52.4

This is the law and I write the law period.

0:57.8

When George W. Bush had two vacancies to fill on the Supreme Court back in 2005, Ludic

1:03.6

was the runner up twice.

1:07.5

Last year, Ludic provided the crucial legal arguments to then vice president Mike Pence

1:13.4

when Pence was being pressured by President Trump to overturn the 2020 election.

1:18.4

Nobody cares what Judge Ludic thinks about politics, nor should they.

1:26.2

The only thing that matters to me in my life is the law.

1:32.1

A few weeks later, Ludic was an influential advisor to Senate Republicans who are wrestling

1:36.8

with whether or not you can impeach a former president.

1:39.8

Ludic thought he couldn't.

1:40.9

I analyzed the impeachment clauses of the Constitution and concluded and wrote that the impeachment

1:48.2

clause is contemplate impeachment and removal from office of an incumbent president.

...

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