Trump lawyer John Eastman's employer argues he didn't explicitly ask Pence to overturn the election
![John Eastman](https://cdn.mos.cms.futurecdn.net/SP9X4Bfg2inDFXoTcHaf5Q-415-80.jpg)
The conservative Claremont Institute said Monday that it was breaking from tradition to publicly defend John Eastman, one of its senior fellows, from "a recent combined disinformation, de-platforming, and ostracism campaign" based on legal advice he gave to former President Donald Trump, his client, and former Vice President Mike Pence "at a critical stage during the 2020 elections in December 2020 and January 2021."
What Eastman advised isn't up for debate — you can read the two-page memo and a longer six-page one he wrote about steps Pence could take to not certify President Biden's electoral victory in a Jan. 6 joint session of Congress. But the Claremont Institute asserts that his advice "has since been maliciously misrepresented and distorted" by the media, and that "contrary to almost universally false news accounts, which have done great damage, John did not ask the vice president ... to 'overturn' the election or to decide the validity of electoral votes."
"The defense is among the most carefully worded straw-man arguments in modern political history," Aaron Blake writes at The Washington Post. "Essentially, the statement isn't disputing that Eastman provided a ready-made procedure for Trump and Pence to get the election overturned — he clearly and unambiguously did so — it's that he didn't explicitly say Pence should overturn it himself."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
![https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg](https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516-320-80.jpg)
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
NeverTrump conservative lawyer George Conway was more direct, calling Claremont's statement "a bald-faced, disgraceful lie" and demonstrating that "Pence understood that Trump and Eastman were asking him" to unilaterally "overturn the election." Steve Vladeck, a University of Texas law professor, agreed that Claremont "is attempting to whitewash John Eastman's 'how to coup in six easy steps' memo by blatantly misrepresenting what Eastman actually wrote."
"What the Claremont Institute should really be responding to is whether it's comfortable with its employee explicitly seeking to help overturn an American election based upon claims that were routinely debunked and rejected in court," the Post's Blake advised. Eastman's memos were "a lot like if you knew someone wanted to rob a bank and you gave them the blueprints to that particular bank branch. Did you tell them to rob that bank? Of course not. Did you give them the means to accomplish what you knew they wanted to do? Yes. You were an accessory." Read the memos and Claremont's defense of them for yourself.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Magazine solutions - August 2, 2024
Puzzles and Quizzes Issue - August 2, 2024
By The Week Staff Published
-
Magazine printables - August 2, 2024
Puzzles and Quizzes Issue - August 2, 2024
By The Week Staff Published
-
'In a normal country, their activities wouldn't even be crimes'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
Netanyahu makes controversial address
Speed Reads Israeli Prime Minister Benjamin Netanyahu's speech to Congress denounced Gaza war protestors
By Rafi Schwartz, The Week US Published
-
Why is China stockpiling resources?
The Explainer The superpower has been amassing huge reserves of commodities at great cost despite its economic downturn
By Richard Windsor, The Week UK Published
-
The GOP is Donald Trump Jr.'s party now
In The Spotlight The former president's gun-loving, live-streaming adult son has emerged as more than just his father's namesake — he's become a Republican powerhouse of his own
By Rafi Schwartz, The Week US Published
-
For God and country: is religion in politics making a comeback?
Talking Point There are many MPs of faith in the new Labour government despite it being the most openly secular House of Commons in history
By Chas Newkey-Burden, The Week UK Published
-
The attack on Donald Trump
Opinion We've seen this kind of shooter before
By Susan Caskie Published
-
74 things Donald Trump has said about women
Feature The former president has a long history of controversial remarks about the opposite sex
By Rafi Schwartz, The Week US Published
-
DHS opens review of Trump assassination attempt
Speed Read An independent panel will investigate the Secret Service's handling of the shooting
By Peter Weber, The Week US Published
-
Can Kamala Harris beat Trump?
Today's Big Question Some senior Democrats are unsure the vice-president can win in November even as party closes ranks behind her
By The Week UK Published