Memo Reportedly Outlines Trump Lawyer’s Six-Step Plan To Overturn Biden’s Victory

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Andrew Trunsky Political Reporter
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An attorney aiding former President Donald Trump’s failed bid to overturn the 2020 election provided then-Vice President Mike Pence with a six-step plan to do so, journalists Bob Woodward and Robert Costa say in their new book.

The duo obtained the memo, first reported by CNN, which was presented to Pence on Jan. 4, two days before he was set to certify the election before Congress. It centered around throwing out votes in seven states, falsely alleging that they had relied on invalid electors.

Once those states, and the tens of millions of votes from them, were discarded, Pence could declare Trump the winner, Eastman reportedly said.

Noting the all but certain objections from Democrats, Eastman then recorded how the House of Representatives would decide the election. Though Democrats had a House majority, each state delegation would get one vote, which Eastman said would result in a Trump win given Republicans’ 26-24 edge.

“The main thing here is that Pence should do this without asking for permission – either from a vote of the joint session or from the Court,” Eastman wrote in the memo. “The fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter.” (RELATED: Here’s The Moment Congress Certified Biden’s Victory)

TOPSHOT - Vice President Mike Pence and House Speaker Nancy Pelosi preside over a Joint session of Congress to certify the 2020 Electoral College results after supporters of President Donald Trump stormed the Capitol earlier in the day on Capitol Hill in Washington, DC on January 6, 2021. - Members of Congress returned to the House Chamber after being evacuated when protesters stormed the Capitol and disrupted a joint session to ratify President-elect Joe Biden's 306-232 Electoral College win over President Donald Trump. (Photo by Erin Schaff / POOL / AFP) (Photo by ERIN SCHAFF/POOL/AFP via Getty Images)

Then-Vice President Mike Pence and Speaker Nancy Pelosi early on Jan. 7. Lawmakers returned to the House Chamber after being evacuated when rioters stormed the Capitol and disrupted a joint session to ratify President Joe Biden’s win. (Erin Schaff/AFP via Getty Images)

CNN also noted that Eastman presented the plan to Sens. Lindsey Graham and Mike Lee, both of whom argued that it had no merit.

“You might as well make your case to Queen Elizabeth II. Congress can’t do this. You’re wasting your time,” Lee reportedly told Trump’s lawyers.

The meeting reportedly occurred two days before Trump supporters stormed the Capitol in a bid to stop Congress from certifying President Joe Biden’s victory, CNN reported. A select committee is currently investigating the attack and the events leading up to it, and CNN noted that the memo could wind up being one focus of its efforts.

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