Thread by @jentaub

🧵Here we go. Day 3 of the January 6 Committee hearing

Focus today is on the pressure campaign on VP Pence to overturn the results of the 2020 presidential election. "We are fortunate for Mr. Pence's courage" says Chair Bennie Thompson.

"But the danger hasn't receded."
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Vice Chair Cheney gives us context. We heard at Monday's hearing that Donald Trump was told by his closest advisers on staff and the DOJ that the allegations of campaign fraud were nonsense.

Today, we are focused on the pressure placed on Trump

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"I had no right to overturn the election." President Trump wanted him to do this. "President Trump was wrong," said Pence

"It was not just wrong, it was illegal and unconstitutional" Cheney said.

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Cheney tells us that Donald Trump's staff let him know that it would be illegal for Pence to refuse to count electoral votes.

We are going to hear from VP's general counsel Greg Jacobs recalling January 4.

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"Today we focus on the earnest efforts of Mike Pence." As he prepared a statement on Jan. 5 and 6 as to why he could not discard the electoral votes, he said to his staff

Jacobs said Pence told staff this could be the most important thing he ever signed.

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Congressman Pete Aguilar is the committee member today who is offering and opening statement and questioning the witnesses.

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We can see what happened when "the President of the United States weaponized this theory. Let's take a look at the effect of Donald Trump's words and actions" said Aguilar.

Rioter said that "if Pence caves" we are "going to drag you mother fuckers through the streets"

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Also led to chants from rioters of "hang Mike Pence" near the gallows they had erected

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President knew there was a violent mob at the Capitol when he tweeted at 2:30 (ish) pm that Pence did not have the courage (essentially to break the law and throw out our votes).

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Today's witnesses are sworn in.

Greg Jacob and J. Michael Luttig,

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The first time Pence asked Jacob about theory he could discard the votes was on December 7.

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Jacob then looked at the Electoral Count Act of 1887 and one sentence in the Constitution. He said at the time the VP thought there's no way that our framers would ever have put one person . . .on the ticket, in a role to have decisive impact on the outcome of the election

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Judge Luttig is struggling to speak it seems. Cheney just asked him about the Constitutional crisis he said would ensue if Pence had refused to count the electoral votes on January 6.

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"In my view the hearings conducted by this Select Committee are examining that profound truth, namely the rule of law in the United States of America."

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"I believe [it] would have been tantamount to a revolution within a constitutional crisis" if Pence declared Donald Trump President even though he had lost both the electoral college and the popular vote.

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Cheney talks about the theory in the Cheseboro memo about dual-slates of electors that John Eastman took up.

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But, Jacob agreed that there were not in fact two slates of electors in 7 states.

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"This was false and Dr. Eestman knew it was false" said Cheney. He admitted even before sending his memo that the fake electors were "dead on arrival in Congress" because they did not have a certification in their states.

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Luttig did not answer her question directly which was whether the "alternative" slates had any legal authority.

He said that under the Electoral Count Act there was no authority for VP to count slates that were not certified by the designated state official.

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Now Luttig mentions that the Eastman memo said there was "historical precedent." But "he was incorrect."

"There was no historical precedent from the beginning of the founding in 1789" that could support VP "counting alternative electoral slates"

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Now we have Wood, a committee counsel asking a question of Luttig about his tweet saying Eastman was "wrong at every turn."

What was basis for conclusion that VP could unilaterally decide not to count votes from disputed 7 states

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Luttig said he disagreed with Jacob. Luttig believes that the single sentence int the 12th amendment Jacob referred to is "not inartfully written." But instead was crystal clear.

Here that is:

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Jacob describes his method of analyzing the legal question.When he started with the text of the Constitution, he said he did not believe the 12th amendment sentence highlighted above was as clear as Luttig thinks. Which votes?

VP however CANNOT reject electors.

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He examined text, structure and history.

In entire history of US, which they studied including the crisis of 1876 (which led to the passage of the Electoral Count Act), it was made clear that the VP didn't have that authority. History was decisive.

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We have Eric Herschman again recalling how he told [Eastman?] he was nuts. "You're going to cause riots in the streets."

WOW. Response was there's been violence in this country to protect democracy.

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Video shown of Jared Kushner, WH senior adviser (and Donald's son-in-law answering committee's question: "My interest at that time is to try to get as many pardons done" -- Jared when asked what he thought about WH lawyer Cippilone resigning. Jared called it "whining."

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Really damning testimony from Herschman that Rudy did not seem to really believe in his theory that VP could "toss aside" the votes or send back to the legislatures even though he said "it was perfectly legal" later at the ellipse inviting Eastman to speak

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‼️ BOOM. Eastman shouting at the ellipse to pressure Pence. "Even Dr. Eastman knew his theory did not hold water" said Aguilar.

Jacob said ffter 1 1/2 discussion the day before, Jacob said we'd lose 9-0 at SCOTUS. Eastman said, "yeah you're right, we would lose nine nothing"
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Luttig says he wants to talk about the "blueprint to overturn the 2020 election." They claimed there was legal and historical precedent.

"All the players lead by Mr. Eastman got wrapped around the axle by the historical evidence claim."

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"I would have laid my body across the road before I let the Vice President overturn the election on the basis of that historical precedent" had I been the legal adviser to the VP.

"It was the historical precedent" that was the centerpiece.

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They were trying to "drive that historical precedent" under "that single pristine sentence"

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"This is Constitutional mischief" Luttig on the Eastman theory

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There was something called OPERATION TRUMP CARD which was the pressure on Pence that went on for weeks

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I have to take a break to do a tv hit. Back soon

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In a green-zoom-room

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https://twitter.com/hugolowell/status/1537493803883536387?s=20&t=bu8apZvAsjcE4b_YdM7RxA

I'm back. It's 2:45. What did I miss?

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We are in a recess

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We are back. It's 2:55

Aguilar is turning to the events of January 6, 2021

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During very early morning of Jan. 6, at 1 am, Donald tweeted at Pence, pressuring him

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Then later in the morning at 8:17 am, another tweet,

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Marc Short recalled praying with the VP at his residence before beginning the day.

Jacob was also there.

VP stepped out to take a call from the President,

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Donald's family was gathered with him in the oval
"wimp" and"you don't have the courage to make a hard decision."
"it was a different tone than I heard him take with the Vice President before" - Ivanka
Many witnesses
Ivanka's staffer said her father had called Pence "p word"

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Initial speech did not have attack on VP Pence. But he issued the "public letter" calling him out

Aguilar said the target of rioters ires Vice President Mike Pence.

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While the rioting was happening and President knew about it.

"He's a traitor and deserves to burn with the rest of them. . . [when Pence wouldn't do what Trump wanted] that's when we marched on the capitol."

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"The President mentioned it like five times when he talked" that Pence "betrayed us."

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Meadows told President what was happening before he sent threatening 2:24 pm tweet

Staffers agreed to meet with committee, but Meadows didn't. We saw Ben Williamson and this person who thought he should tweet to calm.

But "we looked down and saw it was a tweet about Pence"

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After Trump's 224 pm tweet "crowds surged." Secret Service moved Pence to new location

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🔥She said, it was the last thing we needed then. Things were already out of hand. "It felt like he was pouring gasoline on the fire by tweeting that."

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"The Proud Boys would have killed Mike Pence if given a chance" a confidential informant told the FBI, said Aguilar. They would have killed anyone they got their hands on, including Nancy Pelosi

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Never before seen (by public) photos that were in national archives of Pence sheltering in the secure location

Remember Pence refused to leave the Capitol. Greg Jacob got out of the car after Pence refused

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‼️ Vice President Pence to his Secret Service detail after refusing to get in a car even though he was assured they would not leave the Capitol complex without his permission. Pence said, "Tim, I know you. I trust you. But you are not the one behind the wheel."

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Donald Trump never called VP Pence to check on his safety. When asked how Pence and his wife react to that. "With frustration" said Greg Jacob.

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During the siege, Jacob wrote to Eastman that due to his bullshit, we are under siege.

Unbelievably Eastman blamed Pence.

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Questioning now is from staff counsel again.

By the way the photo above of Pence looking at his phone was around 4ish when Trump finally sent an email telling followers he loved them and to go home

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Wow. After the riots. After Capitol secured. Eastman requested of Jacob that due to technical electoral act violations with the delays etc, "I implore you once last time" can the Vice President . . .suspend the joint session, send it back to the states.

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Jacob showed that to Pence 2 days later

Pence said, "That's rubber room stuff."

Jacob said "I understood that to mean "that was certifiably crazy."

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Aguilar asks, "how did your faith guide you on january 6th."

Jacob said his faith sustained him. He read his Bible in the secure location and read Daniel 6.

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Marc Short sent Pence a Bible verse . .

"I've kept the faith."

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We are at that same terrific clip from Herschmann where he recounts phone call with John Eastman. Tells him he's out of his fucking mind and wants only to hear to words from him.

"Orderly transition. Repeat those words to me."

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Eastman asked to be included on the pardon list after January 6. He did not get one. When he testified before the committee, her repeatedly "took the 5th" (asserted Constitutional privilege against self-incrimination). Even though he discussed the conversations in the media

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Damning excerpts from court decision in Eastman v. Thompson (where judge required Eastman to hand over materials to the committee saying they were not shielded under attorney-client privilege due to the crime/fraud exception).

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Aguilar is offering a closing statement. He thanks chair and vice chair.

Donald Trump knows he lost the election, but latched onto a scheme that he knew was illegal. Because VP would not go along with it, he encouraged the mob to attack.

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Cheney is offering a closing statement. Thanks chair, Aguilar and the witnesses.

"Trump knew that his claims of a stolen election were false" and he knew it was illegal for Pence to do what he wanted and pressured him.

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Cheney said future hearings will show more pieces of the plan. Pressures on state legislatures to convene to reverse lawful election results etc.

"A man who loved his country would have conceded this election."

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Chair Thompson is thanking the witnesses for choosing their oath to their country above the demands from Donald Trump, putting our Democracy first.

He lists others like judges, DOJ officials, and state legislators we will hear from at future hearings.

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"Our system nearly failed . . .but for people like you" says Thompson.

Now he asks Luttig about the ongoing threat that country faces.
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He was honored to come to the aid of Mike Pence on January 6. "I prayed that day. . .I prayed that same prayer with my wife this morning before I came into these hearings.

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⚡️"Today, almost two years after that fateful day in January 2021, still Donald Trump and his allies and supporters are a clear and present danger to American Democracy."

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"That's not because of what happened on January 6 . . it's because [they] pledge that in the election of 2024 that the former president or his anointed successor were to lose that election, that they would attempt to overturn that 2024 election . . . but succeed."

Thompson makes a plea to those who have direct knowledge to reach out to the committee and submit information to the tip line.

He displayed link on the screen january6th.house.gov

Gaveled out.

70/70

on Pence by Trump . . .