Page:CTRL0000034608 - Deposition of John Eastman, (Dec. 9, 2021).pdf/31

31 And, again, just so I understand, you're invoking your Fifth Amendment right against self-incrimination in refusing to answer the question of whether you advised the President of the United States that if State legislatures from contested States certified the Trump electors, the Vice President could count those electors and Trump wins.

I'm invoking my Fifth Amendment, which specifically says in its text not to be a witness -- compelled to be a witness against myself.

On the bottom of page 4, did you advise the President of the United States that even if the seven States did not send alternate slates of electors, Vice President Pence, nonetheless, could still refuse to count electors from those States and declare that Trump wins?

Fifth.

And, again, you're invoking your Fifth Amendment right against self-incrimination. Is that correct?

The language of the Fifth Amendment is I shall not be compelled to be a witness against myself, and that's what I'm invoking.

On page 5 of the memo, did you advise the President of the United States that Vice President Pence could refuse to count electors from seven States because of ongoing election disputes and that, therefore, the U.S. House of Representatives would pick the next President, and that under that scenario Trump wins?

Fifth.

On page 5, did you advise the President of the United States that Vice President Pence could adjourn the joint session of Congress and allow State legislatures to convene and certify alternate slates of electors, allowing President Trump to be re-elected?

Fifth.