{"id":8390,"date":"2022-07-18T11:43:42","date_gmt":"2022-07-18T11:43:42","guid":{"rendered":"http:\/\/lonecandle.com\/?p=8390"},"modified":"2022-07-18T11:43:42","modified_gmt":"2022-07-18T11:43:42","slug":"the-system-held-but-barely-jan-6-hearings-highlight-a-handful-of-close-calls","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=8390","title":{"rendered":"\u2018The system held, but barely\u2019: Jan. 6 hearings highlight a handful of close calls"},"content":{"rendered":"\n<p>\n\n&#8220;Nearly every component of Trump\u2019s plan revolved around then-Vice President Mike Pence succumbing to pressure. In Trump\u2019s view, Pence \u2014 who presided over the counting of state electors on Jan. 6, 2021 \u2014 could single-handedly reject Biden\u2019s electors or postpone the count altogether and let GOP state legislatures approve pro-Trump electors instead.<\/p>\n\n\n\n<p>Pence, relying on the advice of his counsel Greg Jacob, balked at Trump\u2019s strategy. Jacob and other White House lawyers repeatedly told Trump the scheme was illegal.<\/p>\n\n\n\n<p>Even that could\u2019ve gone differently. Jacob has also&nbsp;<a href=\"https:\/\/www.politico.com\/news\/2022\/06\/11\/pence-trump-jan-6-lawyer-memo-00038996\" target=\"_blank\" rel=\"noreferrer noopener\">made clear that there was one scenario<\/a>&nbsp;in which&nbsp;<a href=\"https:\/\/www.documentcloud.org\/documents\/22058340-greg-jacob-jan-5-memo\" target=\"_blank\" rel=\"noreferrer noopener\">Pence might have been obligated to flip the outcome<\/a>: if any state legislatures had actually pulled the trigger and adopted Trump electors. In that scenario \u2014 where a state legislature and governor have certified competing slates, with one saying Biden won and the other declaring the state for Trump \u2014 Jacob said it would be reasonable to defer to the text of the Constitution, which gives state legislatures the ultimate power to choose electors.<\/p>\n\n\n\n<p>\u201cA reasonable argument might further be made that when resolving a dispute between competing electoral slates \u2026 the Constitution places a firm thumb on the scale on the side of the State legislature,\u201d Jacob wrote.<\/p>\n\n\n\n<p>That\u2019s why John Eastman, an attorney who designed much of Trump\u2019s plans to stay in power, spent the final hours before the riot on Jan. 6 pushing Pence to delay \u2014 contending that&nbsp;<a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cacd.841840\/gov.uscourts.cacd.841840.164.17.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">Pennsylvania\u2019s legislature appeared on the verge<\/a>&nbsp;of reconvening to appoint Trump electors. Had Pence or Jacob agreed to a delay \u2014 particularly as the Capitol recovered \u2014 Trump, Eastman and lawyer Rudy Giuliani intended to use the time to bring legislatures back into season.&#8221;<\/p>\n\n\n\n<p><a href=\"https:\/\/www.politico.com\/news\/2022\/06\/22\/january-6-hearings-00041182\">https:\/\/www.politico.com\/news\/2022\/06\/22\/january-6-hearings-00041182<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;Nearly every component of Trump\u2019s plan revolved around then-Vice President Mike Pence succumbing to pressure. In Trump\u2019s view, Pence \u2014 who presided over the counting of state electors on Jan. 6, 2021 \u2014 could single-handedly reject Biden\u2019s electors or postpone the count altogether and let GOP state legislatures approve pro-Trump electors instead.<\/p>\n<p>Pence, relying on the advice of his counsel Greg Jacob, balked at Trump\u2019s strategy. Jacob and other White House lawyers repeatedly told Trump the scheme was illegal.<\/p>\n<p>Even that could\u2019ve gone differently. Jacob has also made clear that there was one scenario in which Pence might have been obligated to flip the outcome: if any state legislatures had actually pulled the trigger and adopted Trump electors. In that scenario \u2014 where a state legislature and governor have certified competing slates, with one saying Biden won and the other declaring the state for Trump \u2014 Jacob said it would be reasonable to defer to the text of the Constitution, which gives state legislatures the ultimate power to choose electors.<\/p>\n<p>\u201cA reasonable argument might further be made that when resolving a dispute between competing electoral slates \u2026 the Constitution places a firm thumb on the scale on the side of the State legislature,\u201d Jacob wrote.<\/p>\n<p>That\u2019s why John Eastman, an attorney who designed much of Trump\u2019s plans to stay in power, spent the final hours before the riot on Jan. 6 pushing Pence to delay \u2014 contending that Pennsylvania\u2019s legislature appeared on the verge of reconvening to appoint Trump electors. Had Pence or Jacob agreed to a delay \u2014 particularly as the Capitol recovered \u2014 Trump, Eastman and lawyer Rudy Giuliani intended to use the time to bring legislatures back into season.&#8221;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[1689,336,1104,1143,1138,431,660,1135,593,1134],"class_list":["post-8390","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-6th","tag-attack","tag-authoritarianism","tag-capitol","tag-capitol-building","tag-democracy","tag-dictatorship","tag-insurrection","tag-january","tag-riot"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8390","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8390"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8390\/revisions"}],"predecessor-version":[{"id":8391,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8390\/revisions\/8391"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8390"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}