Page:CTRL0000034608 - Deposition of John Eastman, (Dec. 9, 2021).pdf/44

44 Yes. Mr. Raskin.

Mr. Thank you.

Going back to the short memorandum, after recommending that the electoral votes from six or seven States be returned and rejected by Congress, you wrote in that memorandum, Dr. Eastman, "Pence should do this without asking permission -- either from a vote of the joint session or from the Court." And you concluded, "The fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter."

What was your basis for writing that?

The Fifth.

Mr. You write in the longer 6-page memorandum that, "This election was stolen by a strategic Democrat plan to systematically flout existing election laws for partisan advantage."

What is your basis for having written that?

The Fifth.

Mr. Okay. Your client, President Trump, has said, "The mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?"

Do you agree with that?

The Fifth.

Mr. Because I do not.

Okay. All right. I yield back.

Do any other members have questions?

Okay. Why don't we take just another 5-minute break, and -- oh. Do you have something to ask.

A quick followup. Just a couple questions.

In exhibit 14, which is the shorter memorandum that Mr. Raskin was just