Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/479

 "But wouldn't it almost be cool to have that power?" Trump asked.

"No," Pence said. "Look, I've read this, and I don't see a way to do it. We've exhausted every option. I've done everything I could and then some to find a way around this. It's simply not possible. My interpretation is: No. . ..

"No, no, no!" Trump shouted. "You don't understand, Mike. You can do this. I don't want to be your friend anymore if you don't do this."

Later that day, Jacob and Short were both present for a call between President Trump and Vice President Pence. Eastman and at least one other lawyer were with President Trump on the call as well.

Eastman recognized that Vice President Pence was not going to change his mind on rejecting electors outright, but he still asked if the Vice President would consider sending the electors back to the States. "I don't see it," Vice President Pence responded, "but my counsel will hear out whatever Mr. Eastman has to say."

Jacob received other calls from Eastman on January 5th. Jacob told the Select Committee that he had a detailed discussion with Eastman concerning the ways his proposal would violate the Electoral Count Act. Eastman resorted to a ridiculous argument—comparing their current situation to the crisis that faced President Abraham Lincoln during the Civil War. Eastman invoked President Lincoln's suspension of the writ of habeas corpus. He also told Jacob to "stay tuned" because "we" were trying to get some letters from State legislators indicating that they were interested in the Vice President sending the electors back to the States.

On the evening of January 5th, The New York Times published an article titled, "Pence Said to Have Told Trump He Lacks Power to Change Election Result." The Times reported on the tension brewing within the White House, citing "people briefed on the conversation" between President Trump and Vice President Pence that had taken place in the Oval Office the previous day. "Vice President Mike Pence told President Trump on Tuesday [January 4th] that he did not believe he had the power to block congressional certification of Joseph R. Biden, Jr.'s victory in the presidential election despite Mr. Trump's baseless insistence that he did," the Times reported.

The Times' report was published at approximately 7:36 that evening. Jason Miller called President Trump to make sure he had seen it. President Trump spoke to Miller at least twice, once at 8:18 p.m. and a second time at 9:22 p.m. Immediately after concluding his second call with Jason