Memo Revealed: Written for Vice-President Michael Pence by a Trump Attorney, It Tries to Show Pence How to Throw Out Electoral Votes from Seven States in January 2021

Posted on by September 20, 2021

This two-page memo, written by attorney John Eastman (an advisor to President Donald Trump), was given to Vice-President Mike Pence in late 2020 or early 2021. It tries to persuade Pence that he could and should invalidate the electoral votes from seven states, when he was presiding over the Electoral Vote count on January 6, 2021. Thanks to Election Law Blog for the link.

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Memo Revealed: Written for Vice-President Michael Pence by a Trump Attorney, It Tries to Show Pence How to Throw Out Electoral Votes from Seven States in January 2021 — 38 Comments

  2. CNN isn’t describing the document; it is producing it. Anyone can read it and judge for themselves.

  3. 12 Amdt –

    ***** the [State 12 Amdt EC ] votes shall then be counted *****

    NOOOO judicial power in gerrymander USA Congress and VP to investigate the legality of such State EC votes.

    Job for Federal/State courts – who can and should declare any such votes illegal

    — to get possible new USA Prez — olde quo warranto – now 1 more civil action.

    SAME as in any other office election in USA.

  5. Eastman conspiracy memo —

    one more reason to abolish the 12th Amdt super-timebomb and all related language.
    —-
    USA / State / local elector/voter – POSITIVE definition —

    USA Citizen, 18 + yrs olde

    register by 28 days before election day — PERIOD.

    NO mental / criminal / etc. stuff.

    Repeal all negative stuff – 14-2, 15, 19, 24, 26 Amdts.

  6. Consider that Joe Biden’s VP running mate does NOT fit the original and TRUE definition of a Natural Born Citizen, since neither of her parents were American citizens at the time of her birth, ALL votes for the Biden Harris ticket should have been thrown out.

  7. The popular votes in November 2020 weren’t cast for Biden and Harris. They were cast for Democratic Party-nominated slates of presidential elector candidates, and those elector candidates met all the qualifications of their respective states.

  8. CNN is Fake News is such a scaredy-cat troll that, unlike some others here, he won’t link to a blog or Twitter account.

  9. The presidential elector candidates who voted for the Joe Biden/Kamala Harris ticket may well have be legal, but since neither of Kamala Harris’ parents were American citizens at the time of her birth, she is NOT a Natural Born Citizen, and is therefore legally prohibited from holding the office of President or Vice President, and since presidential tickets run together, all of the elector votes for the Joe Biden / Kamala Harris ticket should have been thrown out.

  10. A natural born citizen is someone who was a citizen at the time of their birth and did not have to later go through a naturalization process in order to become one. Kamala Harris was born in California and was therefore a citizen at the time of her birth. Her parents citizenship status is irrelevant. Per the 14th amendment, all persons born in the US and subject to its jurisdiction are citizens. The “and subject to its jurisdiction” is to remove the children of diplomats, who are not subject to US jurisdiction. They have diplomatic immunity. Kamala Harris’ parents were both college students when they came to the US, not diplomats.

    Even if what you claim is true – and it isn’t – you’re wrong on a second count. Only Kamala Harris would be removed from office, not Joe Biden. Per the 12th amendment, the electoral college votes separately for President and Vice President. It is not a joint ticket at the electoral college level.

  11. Wrong. You are parroting a false interpretation of Natural Born Citizen. Kamala Harris, and many others born of non-citizen parents, have been FALSELY granted American citizenship. It does not matter that Kamala Harris was born in California if NEITHER of her parents were American citizens, which they were NOT. Neither parent being a citizen means she is NOT a Natural Born Citizen.

  12. Andy:

    If what you say is true, then why were Conservatives so upset about “Anchor Babies” a few years ago?

    If Vice-President Harris was not legally eligible to be elected, then where is the challenge in court to have her removed?

  14. Fact Checker:

    I think that Andy, you, and the author of the article you linked are the ones mistakenly interpreting the 14th Amendment.

    If what the article said is correct, then there would have been challenges filed in court to remove Vice-President Harris.

    Since there are none the legal theory you believe must be wrong and Vice-President Harris must be a Natural Born Citizen.

  15. The document is probably fake , as most people here have pointed out. But, just like the holohoax, it SHOULD be real. Pence is a traitor for having failed in his duty to reject those state’s electors. That is why he should have been hung by the neck til dead that day, and should be whenever he is finally brought to justice, which ought to be soon .

  16. Fact Checker and Andy are correct about Harris , and both Biden and Harris should be removed from office for that reason ,among many others. But the time to do that is still a few months away, unless the military is prepared to act earlier, which we should also hope for.

    Right now, even if Biden and Harris are both removed, another demonic democrat, Nancy Pelosi from Demon Francisco, Commiefornia, will ascend to the presidency. In January, when the Republicans take back both houses of Congress and make Donald Trump the Speaker of the House, He will be next in line for the Presidency.

    He can then be legally restored to the Presidency by removing both Biden and Harris, and retain eligibility for a full term stemming from an even bigger landslide election victory in 2024 than the historic landslide victory He was cheated out of in 2020. At that point, a legal challenge through the courts may be one of the ways to get rid of Biden, Harris, or both.

  17. Andy/Fact Checker – Your interpretation is flat wrong. If a foreign diplomat commits murder in the US, he cannot be arrested or prosecuted, because he is not subject to US jurisdiction. His home country would have to waive diplomatic immunity for that to happen. If Kamala Harris’ parents had committed a murder, they would have been arrested and prosecuted, because they were subject to US jurisdiction.

    ‘Persons subject to US jurisdiction’ means all citizens of the US AND all non-citizens within US borders, with extremely limited exceptions: foreign diplomats, foreign heads of state, and foreign military personnel (and, originally, Native Americans, although that was later changed.) That definition comes from US Supreme Court Chief Justice John Marshall in 1812. That was the definition of the phrase that was understood when the 14th amendment was passed.

    Courts had directly ruled that children born in the US to foreign parents, other than in the limited exceptions described, were US citizens FOR DECADES PRIOR to the passage of the 14TH amendment. It was standard practice under common law called jus soli. That section of the 14th Amendment just codified what was already standard procedure. This was even discussed by Congress when drafting the language for the 14th: would this language make US citizens of the children born in the US to unnaturalized Chinese immigrants? The answer was, of course. There was no disagreement on that point. Some didn’t like what it would do, but there was no disagreement as to what it would do.

  19. ALLEGIANCE AT BIRTH VIA FATHER’S NATION-STATE STATUS >>> NATURAL BORN CITIZEN.

    PLACE OF BIRTH MEANS ZERO – LAND / HIGH SEAS / OUTER SPACE.

    AFTER BIRTH CHANGE OF ALLEGIANCE = NATURALIZATION.

    SEE THE USA NATURALIZATION OATH.
    —-
    ONE MORE CONLAW SUBJECT PERVERTED BY SCOTUS MORONS.

  21. Absolute nuts on here recently. If only you people would hate Biden and the Democratic Party for legitimate reasons, and not the conspiracy ridden garbage you people are spewing. Harris was born in the U.S., that’s all there was to it, she is a citizen under U.S. law. Period. Pro-Trump people here seem to be insane, which is odd, as I know pro-Trump people in life, and they’re fine, they just see the world differently than I do. They’re not spewing at the mouths about how Harris isn’t a citizen when, in fact, she is.

  23. James Mahoney IV, do a little homework and read the original definition of Natural Born Citizen. It does not matter if she was born in the USA if neither of her parents were citizens at the time of her birth, which they were not. Neither parent being an American citizen at the time of her birth = NOT a Natural Born Citizen = NOT legally eligible to hold the office of President or Vice President.

  24. Oh, Kamala’s husband is an attorney for a foreign lobbying group, AIPAC (American Israel Political Affairs Committee). This is another reason why she should be nowhere near the reigns of power.

  26. Chicom Noose Network is an unreliable fake news outlet that has been caught peddling fake , made up stories many, many times. No one with any sense takes them seriously.

  27. Jim’s Marshall quote is either bullshit or taken out of context. How can he comment in 1812 on an amendment that didn’t even exist until after the Civil War?

  28. There are different viewpoints about what constitutes FRAUD. My opinion, if you describe FRAUD as changing the rules in the middle of an election regarding voting. Then that’s FRAUD. The extra ways that were introduced to easily and fraudulently to VOTE could have changed the outcome. That’s what I think happened, plus the main MEDIA being one-sided against candidate TRUMP just fueled the fire. Am I a TRUMP voter. No! Am I a BIDEN voter. No!

  29. LEGAL / ILLEGAL — elections and all other stuff.

    How many regimes with SPECIFIC fraud crimes ???

  33. Into Mike pence and why he betrayed America and TRUMP? Yes! The GOP led congress will investigate next year.

  34. Yes, changing the rules in the middle of the game is fraud. And so is the whole China virus hysteria . Lots to investigate next year!

  35. Congress had their opportunity to reject any electoral votes, and they did not.

    Just like they didn’t in 2016.

    The election stands.

  36. NOOO judicial power in gerrymander Congress re 12th Amdt *******count******* of votes.

    If ANY EC vote is illegal, the courts must act >>>

    IF illegal Prez/VP, then removal/replacement.

    Difficult ONLY for conlaw MORONS and Prez cultists.

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