The panel investigating the riot at the Capitol on Jan. 6 is planning to subpoena attorney John Eastman, who advised former President TrumpDonald TrumpJury in Jussie Smollett trial begins deliberations Pence says he'll 'evaluate' any requests from Jan. 6 panel Biden's drug overdose strategy pushes treatment for some, prison for others MORE and former Vice President Mike PenceMichael (Mike) Richard PencePence says he'll 'evaluate' any requests from Jan. 6 panel Harris sets record for most tiebreaking votes in recent history The Hill's Morning Report - Presented by Uber - Debt limit maneuvers; Biden warns Putin MORE on overturning the 2020 presidential election, The Washington Post reported.
Rep. Bennie ThompsonBennie Gordon ThompsonMeadows suing Pelosi, Jan. 6 committee Pelosi says she'll 'never forgive' Trump, lackeys over Jan. 6 Jan. 6 committee moving forward with contempt charges against Meadows MORE (D-Miss.), the select committee's chairman, confirmed in an interview Tuesday that Eastman will be subpoenaed.
"It will happen," he told the Post.
The committee also requested documents and communication related to Eastman’s legal advice and analysis on how Trump could overturn the election results and remain in office.
Eastman, who is a member of the Federalist Society and a law professor, outlined scenarios on overturning the 2020 results in two memos. His analysis was at the center of a meeting with Trump and Pence in the Oval Office on Jan. 4, according to the Post.
Eastman told the Post last week that he hadn’t been contacted by the committee yet, but a source close to the committee disputed that claim.
The source also said that a subpoena would be avoidable if Eastman cooperated with the panel voluntarily, the Post reported.
This comes as Eastman has tried to distance himself from the memos, telling National Review last week the options he outlined for Trump and Pence did not represent his advice, but in an op-ed for The Sacramento Bee earlier this month he said he did advise Pence to delay counting the electoral votes in an effort to give states time fix issues about voting irregularities.
In an interview with the Christian Broadcasting Network, Eastman said there is evidence to support Trump’s baseless claim that the election was stolen.
“There’s all sorts of evidence out there and the notion that anybody just raising these problems with the election is somehow contributing to an insurrection? Look, if in fact the election was stolen, then it’s the people who stole the election, not the people that are shining a light on the illegalities that occurred that are undermining our democratic institutions,” Eastman said.