Page:CTRL0000034608 - Deposition of John Eastman, (Dec. 9, 2021).pdf/37

37 would create a rule that invested a single individual with unilateral authority to determine the validity of disputed electoral votes for President of the United States," close quote.

Did Mr. Jacob accurately describe what you said to him on January 5th?

Fifth.

Dr. Eastman, Mr. Jacob then writes that a fallback plan of this lawyer he refers to was that the Vice President could instead stop the electoral vote count and refer it out to the States.

Of this fallback plan, Mr. Jacob writes, quote, "That suggestion violated several provisions of the Electoral Count Act, had no historical analog, and would deprive Congress of its historical and statutory role in vote counting decisions," close quote.

Dr. Eastman, how do you respond to Mr. Jacob's description of the legal advice you gave the President and Vice President of the United States?

Fifth.

Dr. Eastman, at the beginning of the meeting on January 5th, 2021, with Marc Short and Greg Jacob, did you, on behalf of the President of the United States, ask that the Vice President reject electors from contested States on January 6th, 2021?

Fifth.

And just so I understand it, in response to the last question, you're invoking your Fifth Amendment right not to be a witness against yourself?

Yes.

Okay. Do any members have any questions?

Mr. I have a question. I'd like to ask Dr. Eastman about the judicial authority going up to January 6th.

More than 60 Federal and State courts have rejected every claim of electoral fraud and corruption advanced by the Trump campaign.