Page:CTRL0000034608 - Deposition of John Eastman, (Dec. 9, 2021).pdf/9

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wrote regarding the role of the Vice President in counting the electoral college votes on January 6th, and you said, quote, "Although I did have a client in this, the client, the President, the former President of the United States, has authorized me to talk about these things. I want to make that clear upfront," close quote.

Did President Trump authorize you to talk publicly about the memoranda that you wrote?

Mr. Burnham. I beg the committee's indulgence.

The Witness. On the advice of counsel, I hereby assert my Fifth Amendment right against being compelled to be a witness against myself. And with the committee's permission, I will invoke this right as necessary in response to further questions by simply stating "The Fifth."

BY  

Q So is it your position that you can discuss those memoranda in public settings, but will not discuss those memoranda with the committee pursuant to a subpoena?

A Fifth.

Q On May 5th, 2021, in an interview with—of the "Peter Boyle Show," you said, "I met with the President and the Vice President on January 4th in the Oval Office and the President had been advised, based on law review articles that were done after the 2000 election, that, in fact, maybe the Vice President had unilateral authority to determine the validity of contested electoral votes."

You said later in the interview that, quote, "I would normally not talk about a private conversation I had with a client, but I have express authorization from my client, the President of the United States, at that time to describe what occurred, to truthfully describe what occurred in that conversation," close quote.