John Eastman, the conservative lawyer who wrote several memos arguing that then-Vice President Mike Pence could stop the certification of Joe Biden’s victory on Jan. 6, 2021, isn’t done fighting to block the last election result.
ABC News reported on Monday that Eastman gave a private briefing to the speaker of the Wisconsin legislature in March and reportedly made the case for decertifying Biden’s 2020 victory in the state. A conservative activist named Jefferson Davis, who attended the briefing, told ABC that Eastman pressed Wisconsin Speaker Robin Vos to reclaim Biden’s electors and commit to “either a do over or having a new slate of electors seated that would declare someone else the winner.”
Eastman told ABC News that he wouldn’t comment on the meeting.
Eastman’s closed-door meeting with Wisconsin Republicans wasn’t the first time he fueled the far-right push to throw out the battleground state’s 2020 election results. As Rolling Stone first reported in February, Eastman wrote an eight-page memo for State Rep. Tim Ramthun arguing that the legislature could toss out election results if there was “acknowledged illegality” in the vote count.
Legal experts have said it’s impossible to decertify the last election and pull back the electors won by Biden. As the Wisconsin Legislative Council concluded last year, “There is no mechanism in state or federal law for the Legislature to reverse certified votes cast by the Electoral College and counted by Congress.”
Eastman’s ongoing effort to overturn the 2020 election come as he faces increasing legal scrutiny for his involvement in the Jan. 6 attack on the Capitol. The special committee probing the insurrection subpoenaed Eastman, seeking tens of thousands of emails that potentially pertain to his work to challenge the last election.
Eastman tried to block that subpoena in court, but a federal district-court judge ruled against him — and now Eastman and the committee are fighting over how many emails he plans to provide to the committee.