Vice President Pence also discussed the Trump Campaign's fake electors with his advisors. Both Jacob and Morgan assured Vice President Pence that there were not dual slates of electors. The electors organized by the Trump Campaign were not valid.[103] Morgan had already written a memo on the topic in December, concluding that the "alternate" electors—that is, fake—lacked a certificate of ascertainment issued by the State.[104] Without such an ascertainment, the Trump Campaign's fake electors had no standing during the joint session. Jacob had also prepared a "flow chart" memo outlining each of the legal provisions implicated in the joint session on January 6th.[105] Jacob advised Vice President Pence that "none of the slates that had been sent in would qualify as an alternate slate within the meaning of the Electoral Count Act."[106] Vice President Pence was still worried that the fake elector issue was sowing confusion, so he wanted his statement on January 6th to be as transparent as possible.[107]
That same day, January 2nd, Marc Short released a brief statement on behalf of the Vice President. "Vice President Pence shares the concerns of millions of Americans about voter fraud and irregularities in the last election," the statement read. "The vice president welcomes the efforts of members of the House and Senate to use the authority they have under the law to raise objections and bring forward evidence before the Congress and the American people on January 6th."[108] Short testified that the statement was consistent with the Vice President's view that he did not have the power to reject electors.[109] Short issued this statement because of the "swirl" regarding the question of "where [Vice President Pence] stood."[110]
Steve Bannon's podcast, War Room: Pandemic, was one of the primary sources of this swirl.
JANUARY 2, 2021: EASTMAN AND BANNON QUESTION THE “COURAGE AND SPINE” OF VICE PRESIDENT PENCE.
Steve Bannon's podcast, War Room: Pandemic, was one of the primary
sources of this swirl. Eastman was a guest on a January 2nd episode of Bannon's show. Much of their conversation focused on Vice President Pence, and the belief that he had the power to overturn the election.
"[W]e are entering into one of the most, um, important constitutional crisis [sic] the country's ever had," Bannon said.[111] Bannon complained that Vice President Pence had "spit the bit," meaning he had given up on efforts to keep President Trump in power.[112] Eastman claimed that the election had been "illegally conducted," and so the certified votes now "devolved back to the [S]tate legislature[s], and the only other place where it devolved back to is to Congress and particularly the Vice President, who will sit in presiding over a Joint Session of Congress beginning on January 6 to count the ballots."[113] Eastman claimed that the Vice President (and Congress) had the
