Former federal judge J. Michael Luttig, and adviser to Mike Pence, took to Twitter to explain why the then Vice President “had no choice on January 6, 2021, but to accept and count the Electoral College votes as they had been cast and properly certified by the states”:
I was honored to advise Vice President Pence that he had no choice on January 6, 2021, but to accept and count the Electoral College votes as they had been cast and properly certified by the states.
— @judgeluttig (@judgeluttig) September 22, 2021
He is writing in response to reporting from Bob Woodward and Robert Costa and a memo sent to President Trump from John Eastman outlining a 6-step plan that had Pence refusing to count electors from alleged disputed states, thus sending the election to the House of Representatives which would have certified Trump as the winner:N
A memo from John Eastman outlined a six-step plan to overturn the 2020 election in Congress, which Trump's legal team pushed to Pence before 1/6.
"You really need to listen to John," Trump told Pence, per new @realBobWoodward @costareports book https://t.co/6YK7RZcCxr
— Jeremy Herb (@jeremyherb) September 20, 2021
Memo here:
Also, the Eastman memo to which Luttig refers is here: https://t.co/e08CH4H8eJ Short version here: https://t.co/BShIxu8SmM https://t.co/YntSFx4gzZ
— Byron York (@ByronYork) September 22, 2021
Luttig tweeted, “I believe(d) that Professor Eastman was incorrect at every turn of the analysis in his January 2 memorandum” and that “the Supreme Court would have decided each of these issues had they been presented to the Court, which they undoubtedly would have been had the VP proceeded as outlined in the January 2 memorandum.”
THREAD ==>
I believe(d) that Professor Eastman was incorrect at every turn of the analysis in his January 2 memorandum, beginning with his claim that there were legitimate, competing slates of electors presented from seven states;
— @judgeluttig (@judgeluttig) September 22, 2021
continuing to his conclusion that the VP could unilaterally decide not to count the votes from the seven states from which competing slates were allegedly presented;
— @judgeluttig (@judgeluttig) September 22, 2021
to his determination that the VP himself could decide that the Electoral Count Act of 1887 is unconstitutional
— @judgeluttig (@judgeluttig) September 22, 2021
and accordingly submit the 2020 Presidential Election for decision only to the House of Representatives, instead of to both Houses of Congress, as provided in the Electoral Count Act;
— @judgeluttig (@judgeluttig) September 22, 2021
to his recommendation that the VP not consult with the Joint Session of Congress as to whether the election should be submitted to both Houses or only to one;
— @judgeluttig (@judgeluttig) September 22, 2021
to his urging that the VP not seek decision from the federal courts, including from the Supreme Court;
— @judgeluttig (@judgeluttig) September 22, 2021
and finally, to his belief that the federal courts and the Supreme Court would decline to decide every one of these fundamental constitutional questions on the grounds that they were non-justiciable political questions;
— @judgeluttig (@judgeluttig) September 22, 2021
I believe(d) the Supreme Court would have decided each of these issues had they been presented to the Court, which they undoubtedly would have been had the VP proceeded as outlined in the January 2 memorandum.
— @judgeluttig (@judgeluttig) September 22, 2021
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