The Eastman memo laid out a six-step plan for Pence to overturn the election for Trump, which included throwing out the results in seven states because they allegedly had competing electors. In fact, no state had actually put forward an alternate slate of electors — there were merely Trump allies claiming without any authority to be electors.
Under Eastman’s scheme, Pence would have declared Trump the winner with more Electoral College votes after the seven states were thrown out, at 232 votes to 222. Anticipating “howls” from Democrats protesting the overturning of the election, the memo proposes, Pence would instead say that no candidate had reached 270 votes in the Electoral College. That would throw the election to the House of Representatives, where each state would get one vote. Since Republicans controlled 26 state delegations, a majority could vote for Trump to win the election.
The plan was first proposed to Pence when Eastman was with Trump in the Oval Office on January 4, during one of Trump’s attempts to convince Pence that he had the authority to stop the certification of the election.
“You really need to listen to John. He’s a respected constitutional scholar. Hear him out,” Trump said to Pence at that meeting, Woodward and Costa write in “Peril.”