Trump lawyer offered six-point plan for Pence to overturn election: book

An attorney who worked with former President TrumpDonald TrumpTrump announces new social media network called 'TRUTH Social' Virginia State Police investigating death threat against McAuliffe Meadows hires former deputy AG to represent him in Jan. 6 probe: report MORE's legal team tried to convince then-Vice President Mike PenceMichael (Mike) Richard PenceBiden, Trump tied in potential 2024 match-up: poll Nearly 80 percent of Republicans want to see Trump run in 2024: poll Why is Trump undermining his administration's historic China policies? MORE that he could overturn the results of the 2020 presidential election and provided him with a six-step plan, according to a new book from journalists Bob Woodward and Robert Costa.

CNN, citing a memo initially obtained by the book's authors, reported that attorney John Eastman first proposed the plan to Pence on Jan. 4 in the Oval Office with Trump. The memo called for throwing out the election results in seven states under the false claim that those states had used alternate electors.

The conservative lawyer also reportedly proposed that Pence could declare Trump the winner of the election after the votes were disposed of.


In the book "Peril," which is being released on Tuesday, Woodward and Costa write that Eastman's memo was sent to Sen. Mike LeeMichael (Mike) Shumway LeeCawthorn, Lee introduce bills banning interstate travel vaccine mandate Retreating economy creates new hurdle for Democrats in 2022 McConnell vows GOP won't help raise debt ceiling in December after Schumer 'tantrum' MORE (R-Utah) and that former New York City Mayor Rudy GiulianiRudy GiulianiGiuliani associate Lev Parnas won't testify at trial Four Seasons Total Landscaping comes full circle with MSNBC special Giuliani picks Abe Lincoln filter for attack against McAuliffe MORE (R), who served as one of Trump's attorneys at the time, tried to convince Sen. Lindsey GrahamLindsey Olin GrahamMayorkas tests positive for COVID-19 breakthrough case A pandemic of hyper-hypocrisy is infecting American politics Republicans' mantra should have been 'Stop the Spread' MORE (R-S.C.) that there was rampant fraud in the 2020 election.

Both Graham and Lee reportedly argued that the fraud claims 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 told Trump's lawyers, according to the book, CNN reported.

The Hill has reached out to Lee's and Graham's offices for comment, in addition to seeking comment from Eastman.

CNN reported that Eastman told The Washington Post that his two-page memo "explored all options that had been proposed."


Further details of Eastman's plan reportedly included an argument that Pence could deny that either candidate had reached 270 votes in the Electoral College if Democratic lawmakers started to oppose efforts to overturn the election. In that scenario, according to Eastman's plan, the House would then decide the election. Since Republicans controlled 26 state delegations at the time, a majority vote for Trump would have won him the election, Eastman proposed, according to the authors.

"You really need to listen to John," Trump told Pence of the plan, according to the book. "He's a respected constitutional scholar. Hear him out."

Eastman also reportedly suggested that Pence should take action without providing a warning to Congress.

"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, according to CNN. "The fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter. We should take all of our actions with that in mind."

Eastman's memo could become a point of interest to the House committee that is investigating the Jan. 6 attack on the Capitol, CNN noted.