John R. Bolton, Mr. Trump’s former national security adviser, said in an interview that it was troubling that at such a critical juncture, Mr. Trump had pushed aside the Justice Department and White House counsel.
Soon, Mr. Eastman was meeting face to face at Mr. Trump’s urging with the attorney general, William P. Barr, and telling him how Mr. Trump could unilaterally impose limits on birthright citizenship.
A person close to Mr. Pence, who was not authorized to speak publicly about the Oval Office conversation, said that Mr. Eastman acknowledged that the vice president most likely did not have that power, at which point Mr. Pence turned to Mr. Trump and said, “Did you hear that, Mr. President?”
Katyal was referring to testimony at Thursday's hearing about a White House meeting in December 2020, at which Trump reportedly considered firing Rosen and installing DOJ environmental lawyer Jeffrey Clark as acting attorney general.
The scheme put forward by controversial lawyer John Eastman was outlined in a two-page memo obtained by the authors for "Peril," and which was subsequently obtained by CNN. The memo, which has not previously been made public, provides new detail showing how Trump and his team tried to persuade Pence to subvert the Constitution and throw out the election results on January 6.
Giuliani then sent Graham several memos and affidavits claiming fraud. But when Graham's chief Judiciary Committee counsel Lee Holmes went over the claims, he found they were sloppy, overbearing and "added up to nothing," Woodward and Costa write. "Holmes reported to Graham that the data in the memos were a concoction, with a bullying tone and eighth grade writing."
At the same time, Giuliani sent multiple memos to Graham trying to convince him that the claims of election fraud coming from Trump's team were legitimate.
In the memo, Eastman went so far as to suggest Pence should take action without warning.
But while Lee and Graham heard out the cases from Trump's lawyers, they soundly rejected their claims, Woodward and Costa write.
"Lee's head was spinning," the authors write. "No such procedure existed in the Constitution , any law or past practice. Eastman had apparently drawn it out of thin air."
Lee also dismissed the Trump team's arguments that it had a case to overturn the election results in Georgia, saying they had to be made in court.