(CNN)Within the weeks leading as much as January 6, one of Donald Trump’s marketing campaign attorneys wrote memos outlining how she believed then-Vice President Mike Pence could perhaps reject electoral college votes and overturn the 2020 election, including one thought that he could perhaps ignore a federal regulation.
On January 5, Trump marketing campaign lawyer Jenna Ellis sent a memo to dilapidated presidential lawyer Jay Sekulow, which was once first reported by Politico. The memo took aim on the federal statute, the Electoral Depend Act, which lays out the procedures real by means of which Congress certifies an election, whereas giving the vp a runt arrangement in the ceremonial course of.
Ellis argued that a key provision of the regulation violated the US Structure, and she instructed that the supposed constitutional flaw in the act could perhaps allow Pence to ignore a provision in the regulation that runt his capacity to disrupt Congress’ certification of the 2020 election.
In a single more memo Ellis sent to Trump in December, which was once revealed in Jonathan Karl’s book “Betrayal” that was once revealed this autumn, Ellis claimed that Pence could perhaps refuse to launch the envelopes retaining the electoral college votes from any states that officers claimed were wrong.
“I was once very public in announcing that every Pence could perhaps enact was once launch the envelopes,” Sekulow advised CNN on Friday. Sekulow added that Pence “had a ministerial arrangement.”
“My discover about then and my discover about now’s the Vice President didn’t salvage the authority enact anything else assorted than the ministerial capabilities outlined in the Structure,” Sekulow acknowledged.
Ellis acknowledged in a tweet Friday that she “by no come advocated Pence had the authority to overturn the election,” and that the memos simply outlined “factual theories I explored. In a 2d tweet, she claimed that Politico violated lawyer-client privilege.
Conservative lawyer John Eastman additionally indicate a memo the usage of a special thought claiming that Pence was once the “final arbiter” of the electoral depend and could perhaps thus cease the ballotcount. Trump reportedly urged Pence to preserve in recommendations the technique in a gathering on January 4.