Attorney, authored memo for VP to reject electors
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.
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Background
John Eastman and The Big Lie
John Eastman, a conservative lawyer and former law professor, emerged as a central figure in the propagation of false claims surrounding the 2020 US presidential election, often referred to as "The Big Lie." This narrative, centered on unfounded assertions of widespread voter fraud, fueled efforts to overturn the election results and culminated in the January 6, 2021, attack on the US Capitol. Eastman's involvement primarily stems from his authorship of a legal memo that proposed a strategy for then-Vice President Mike Pence to reject certified Electoral College votes during the congressional certification process. This theory, widely debunked by constitutional scholars, became a cornerstone of attempts to subvert the democratic process. Eastman's actions have since led to significant legal and professional consequences, including disbarment in California and criminal indictments.
Biographical Context and Role in Election Challenges
John Eastman, born in 1960, is a lawyer with a background in constitutional law. He previously served as a law clerk for Supreme Court Justice Clarence Thomas and taught at Chapman University School of Law in California. Eastman gained national attention for his role as an attorney advising former President Donald Trump during the post-election period in 2020. He authored what became known as the "Eastman Memo," a document outlining a plan for Vice President Pence to reject certified electors from key states on January 6, 2021, based on baseless claims of electoral fraud. This theory posited that Pence, as president of the Senate, had unilateral authority to disregard state-certified results, a position rejected by legal experts and Pence himself. Eastman's involvement extended beyond theory; he allegedly participated in efforts to pressure state officials and was present at a rally near the Capitol on January 6, where he spoke alongside other proponents of election fraud claims.
Key Relationships and Legal Consequences
Eastman's connections to other figures in the election subversion efforts are well-documented. He worked closely with Donald Trump, providing legal arguments to support the rejection of election results. His direct outreach to Mike Pence, urging him to adopt the memo’s strategy, was rebuffed by Pence’s legal counsel, who deemed the plan unconstitutional. Pence ultimately certified the legitimate results on January 6. Additionally, Eastman collaborated with Kenneth Chesebro, another attorney, in developing the fake electors scheme. According to sources, Chesebro focused on the operational aspects of creating fraudulent elector slates, while Eastman provided the purported constitutional justification for their use. As a result of these actions, Eastman faced severe repercussions. He was disbarred in California for his role in attempting to overturn the election, with the state bar citing ethical violations. Furthermore, he has been indicted in both the federal case led by Special Counsel Jack Smith and the Fulton County, Georgia, RICO case, alongside other individuals accused of conspiring to interfere with the 2020 election results.
Strongest Evidence
Mike Pence
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.
Kenneth Chesebro
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.
Donald Trump
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.
Connections (3)
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.
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.
Mutual Connections
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