Read the story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Last hour:
Last 24 hours:

Trump's 'Eastman Memo' Proposed an Unconstitutional Power Grab by the Vice President

% of readers think this story is Fact. Add your two cents.

Earlier this week, CNN obtained a copy of a legal memorandum prepared for then-President Donald Trump that envisioned a “January 6 scenario” under which Trump could seek to overturn the results of the 2020 presidential election, which he lost to Joe Biden.

Authored by conservative law professor John Eastman, the “Eastman Memo,” as it has been dubbed in the press, argued that Vice President Mike Pence, while presiding over the joint session of Congress on January 6, 2021, possessed the sole power to count electoral votes and that Pence should use this power to reject pro-Biden votes and thus deliver the White House to Trump. “Howls, of course, from the Democrats,” Eastman wrote. “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.” According to Eastman, “the Constitution assigns this power to the Vice President as the final arbiter. We should take all of our actions with that in mind.”

In reality, the Constitution assigns no such power to the vice president. Eastman’s scheme is bogus on its face. Indeed, just imagine if Vice President Al Gore had attempted a similar power grab in January 2001 by unilaterally gaveling himself in as the winner of the 2000 presidential election instead of his opponent, George W. Bush. As Case Western Reserve University law professor Jonathan Alder has observed, the Eastman memo is “poor lawyering for a disreputable cause.”

Alas, those negatives did not deter Trump, who embraced Eastman’s poor lawyering and publicly lobbied his vice president to overturn the election by rejecting pro-Biden electoral votes. “If Mike Pence does the right thing,” Trump said. “We win the election.”

In the end, Pence did do the right thing. “It is my considered judgment,” the vice president said, “that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.”

Trump embraced a number of ludicrous legal theories in his attempt to remain in power after losing the election to Biden. Add the Eastman Memo to that sorry list.


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!

Order by Phone at 888-809-8385 or online at M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at M - F 9am to 5pm EST

Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)

Report abuse


    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    Load more ...




    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.