Just throw them out

They tried.

A conservative lawyer working with then-President Donald Trump’s legal team tried to convince then-Vice President Mike Pence that he could overturn the election results on January 6 when Congress counted the Electoral College votes by throwing out electors from seven states, according to the new book “Peril” from Washington Post journalists Bob Woodward and Robert Costa.

Just throw them out, yeah? Simple.

The scheme put forward by controversial lawyer John Eastman was outlined in a two-page memo obtained by the authors for “Peril,” and which was subsequently obtained by CNN. The memo, which has not previously been made public, provides new detail showing how Trump and his team tried to persuade Pence to subvert the Constitution and throw out the election results on January 6.

And how stupid it was, and how many even of Trump allies said so, and how unenthusiastic controversial lawyer John Eastman’s employer was.

“You might as well make your case to Queen Elizabeth II. Congress can’t do this. You’re wasting your time,” [Republican Senator Mike] Lee said to Trump’s lawyers trying to overturn the results in Georgia, according to the book.

Under Eastman’s scheme, Pence would have declared Trump the winner with more Electoral College votes after the seven states were thrown out, at 232 votes to 222. Anticipating “howls” from Democrats protesting the overturning of the election, the memo proposes, Pence would instead say that no candidate had reached 270 votes in the Electoral College. That would throw the election to the House of Representatives, where each state would get one vote. Since Republicans controlled 26 state delegations, a majority could vote for Trump to win the election.

Totally fair! Except for the seven states part, where they just made shit up about how they could “throw out” some of the electors.

In the end, Pence didn’t go along with Eastman’s scheme, concluding that the Constitution did not give him any power beyond counting the Electoral College votes. He did his own consultations before January 6, according to the book, reaching out to former Vice President Dan Quayle and the Senate parliamentarian, who were both clear in telling him he had no authority beyond counting the votes.

When Pence refused to intervene, Trump turned on his vice president, attacking him on Twitter even as the insurrection at the Capitol was unfolding on January 6.

Funnily enough, Eastman resigned from his university a week later.

Giuliani and Graham went back and forth on the scheme, with Graham telling Giuliani to give him some substance instead of just because I say so.

Giuliani then sent Graham several memos and affidavits claiming fraud. But when Graham’s chief Judiciary Committee counsel Lee Holmes went over the claims, he found they were sloppy, overbearing and “added up to nothing,” Woodward and Costa write. “Holmes reported to Graham that the data in the memos were a concoction, with a bullying tone and eighth grade writing.”

“Third grade,” Graham responded, according to the book. “I can get an affidavit tomorrow saying the world is flat.”

Giuliani did not respond to a request for comment.

Too busy tucking his shirt in.

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