- Trump asked Pence to certify the 2020 election in his favor.
- A lawyer for Pence said it would eventually fail in court, according to a memo obtained by Politico.
- Lawyer Greg Jacob said the move would violate several provisions of the Voter Count Act.
A lawyer for former Vice President Mike Pence told him the day before the Capitol riot that following former President Donald Trump’s request to certify the election for him would ultimately fail in court, according to a score obtained by Politico.
Congress was in the process of certifying the 2020 presidential election on January 6, 2021, when Trump supporters who mistakenly believed the election had been rigged stormed the US Capitol.
Trump had previously asked Pence to certify the election in his favor, but attorney Greg Jacob told Pence in a memo that doing so would violate several provisions of the voter count law.
According to Politico, in the memo, Jacob said the move could fail in court or plunge America into a political crisis where Pence finds himself “in an isolated stalemate against both houses of Congress … with no neutral arbiter available for break the deadlock.”
The attorney will testify publicly before the House committee investigating the Capitol riots this week, however, his letter has been known to the committee for months, Politico reported.
Trump, on the advice of attorney John Eastman, had asked Pence to certify the election in his favor despite not having enough electoral votes. The effort came after multiple attempts to overturn election results in several key states.
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