Eastman directly pressured Pence to use the fake electors to reject certified results on January 6. Pence's counsel rejected Eastman's theory, and Pence certified the legitimate results.
Connection Details
Overview of the Eastman-Pence Connection
The relationship between John Eastman, a conservative lawyer, and Mike Pence, the former Vice President of the United States, centers on a controversial legal theory advanced by Eastman in the aftermath of the 2020 presidential election. Eastman, who authored a memo outlining a strategy to challenge the certification of Electoral College votes, allegedly pressured Pence to reject certified results during the congressional session on January 6, 2021. This theory, which claimed Pence had unilateral authority to overturn the election outcome, has been widely debunked by constitutional scholars and was ultimately rejected by Pence himself. This interaction is a key element in the broader narrative of The Big Lie, the false assertion of widespread fraud in the 2020 election propagated by former President Donald Trump and his allies.
Timeline and Evidence of Interactions
On January 4, 2021, according to multiple documented accounts, Eastman directly engaged with Pence and his team, urging the Vice President to adopt the strategy outlined in his memo. The memo argued that Pence, in his role as President of the Senate, could refuse to count electoral votes from certain states, thereby delaying or altering the certification of Joe Biden’s victory. Pence’s legal counsel, along with consultations from constitutional experts and former Vice President Dan Quayle, concluded that no such authority existed under the U.S. Constitution or the Electoral Count Act. On January 6, despite intense pressure from Eastman, Trump, and a violent mob that stormed the Capitol—some of whom chanted threats against Pence—he proceeded to certify the legitimate electoral results.
Evidence of Eastman’s pressure on Pence includes public statements, congressional testimony from Pence’s aides during the January 6 Committee hearings, and Eastman’s own writings and communications, which have been scrutinized in legal proceedings. Eastman’s theory has been consistently debunked, with no credible legal basis found to support the claim that a Vice President can unilaterally reject electoral votes.
Significance to The Big Lie
The Eastman-Pence connection is significant to The Big Lie as it represents a direct attempt to subvert the democratic process through legal maneuvering. Eastman’s discredited theory was a cornerstone of efforts to undermine the 2020 election results, aligning with broader false claims of voter fraud and stolen elections. Eastman’s subsequent legal troubles, including his disbarment in California and indictments in both federal and Fulton County, Georgia, RICO cases, underscore the consequences of promoting unfounded legal strategies to challenge the election. Pence’s refusal to comply, despite personal risk during the Capitol attack, stands as a counterpoint to these efforts, reinforcing the integrity of the electoral certification process. This episode highlights the tension between legal theory and constitutional duty in the context of post-election challenges.
About the Entities
John Eastman
person
John Eastman authored a legal memo arguing that Vice President Mike Pence had the authority to reject certified Electoral College votes on January 6 — a theory rejected by virtually all constitutional scholars and by Pence himself. Eastman was disbarred in California for his role in attempting to overturn the election. He was indicted in both the federal case and the Fulton County RICO case.
View full profile →
Mike Pence
person
Vice President Mike Pence was pressured by Trump and John Eastman to reject certified Electoral College votes during the January 6 congressional certification. Pence consulted with constitutional scholars and former Vice President Dan Quayle, concluding he had no authority to reject electors. He certified the results despite threats from the Capitol mob, some of whom chanted "Hang Mike Pence." Pence later stated that Trump was "wrong" to claim he had the power to overturn the election.
View full profile →
Related Connections
Eastman and Chesebro worked together to develop the fake electors scheme. Chesebro devised the operational plan to create fraudulent elector slates while Eastman provided the constitutional theory for Pence to use them.
Eastman authored a memo for Trump arguing Vice President Pence could reject certified electors — a theory rejected by virtually all constitutional scholars. Eastman was disbarred for his role in the scheme.
Pence was inside the Capitol during the attack, evacuated by Secret Service as the mob breached the building chanting "Hang Mike Pence." He refused to leave the Capitol complex and returned to certify the election results that evening.
Trump publicly and privately pressured Pence to reject certified Electoral College votes on January 6. Pence refused, stating he had no constitutional authority to do so. Trump's pressure continued even as the Capitol was under attack.
Key Facts
Explore Interactive Map
See all connections visually