But Eastman now tells National Review in an interview that the first of the two strategies Giuliani highlighted on stage — having Pence reject electoral votes — was not “viable” and would have been “crazy” to pursue.
What makes that admission remarkable is that Eastman was the author of the now-infamous legal memo making the case that Pence had that very power — that the vice president was the “ultimate arbiter” of deciding whether to count Electoral College votes…
The issue here is that Eastman says the Eastman memo does not accurately represent Eastman’s own views or legal advice to Pence or Trump, claiming that the two-page version published in Peril was preliminary and a final version presented various scenarios intended for internal discussion…
Who asked Eastman to write the first memo? “It was somebody in the legal team. I just don’t recall,” Eastman says. “It was by a phone conversation, and I’ve gone back in my phone records, and I have so many calls, I can’t tell, you know, which call it was.”
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