Their discussion ultimately arrives at singling out of Mike Pence’s important role in their blatant overturn scheme. Put’s the weight of their scheme, all the VP’s shoulders ...
This plot aired 4 days before their Insurrection attempt itself — before an audience of millions.
No wonder the Congress wants to question them ...
Podcast Host Steve Bannon steers guest John Eastman, Attorney for the 2020 Trump Campaign, to deliver his scheme to re-install Donald Trump as the rightful Czar, President, that they clearly imagine him to be.
Bannon let’s slip that Eastman’s “brilliant plan” was discussed in a January 1st phone call the night before — most likely from their "Command Center," along with Rudy Giuliani, and most likely explaining it all to the Big Florida Cheese.
I love how they keep hammering the themes: egregious, violation of laws, illegal vote count, fraud, state legislators, Electoral Count Act, and of course the duty of the V.P. to halt the peaceful transfer of power.
[18:40]
Bannon: We turn now to one of the great thinkers about the Constitution. And also a man of action. He's the president's -- Rudy Giuliani runs the overall -- he's the president’s lawyer, he runs the overall operation over there. But John Eastman is a Constitutional Lawyer that has been putting up these lawsuits.
John, first off this, this argument of what's actually happening at the state basis, and what happened in the Constitution -- that you and I happened to be on a call last night. And you were walking people through it. It was so brilliant.
Could you just walk people through what the framework is for this week, and why you think -- and you've been arguing for it. And putting these briefings and these suits out there. That this is just outrageous that were going down this path?
Eastman: Sure I mean the U.S. Constitution very clearly assigns the power of selecting the manner for choosing Electors, to the legislatures of the state. For many years in our nation's history, the legislatures just picked the Presidential Electors themselves.
But, but, modernly, and for about the last century -- or century and a half in some cases -- ah, the legislatures have said: were going do this by popular vote. But were going to do it in accord with Election Laws, that we pass.
Election Laws requiring signature verification on Absentee Ballots. Election Laws require you to prove Voter ID. All of those things designed to minimize the risk of fraud, in how we conduct the Election.
And in a number of states, in most egregiously in Georgia, and Pennsylvania, and Wisconsin, partisan elected officials -- and in some cases partisan judicial officials -- ignored or altered those legislative commands. And conducted the Election in violation of the manner that the legislature had set out.
That means the Election was illegally conducted.
And you don't even have to get into all the number of Ballots affected. It was illegally conducted.
And I give you I think the most egregious example: in Georgia, they have a provision, that if you have evidence of fraud, or or irregularities -- or evidence that a sufficient number of illegally Ballots have be cast; or legal Ballots not properly counted -- you can bring and Election Contest within 5 days after the conclusion of the Recount.
They did that on December 4th in Georgia. And here we are a month later, and we still don't even have a Judge assigned to hear that case. And yet the Governor went ahead, 3 days after that challenge was brought, and certified the Electors. Completely ignoring the statutory mechanism, set out for resolving Election disputes.
And that means we have a failed Election.
And there's another provision in Federal Law, 3 United States Code Section 2, that says when the state has failed to choose Electors on the date assigned by Congress, the power to choose Electors devolves back to the legislature. Because they have the ultimate Constitutional authority here.
And we've got a lot of legislatures that are afraid to exercise that Constitutional power, because they think that they have to get permission from the Governor, to have their session. Or they've got to get permission from the Courts, to do anything.
No! This is a power the Constitution assigns exclusively to those state legislatures. And they need to act.
Because what we have here is massive evidence that this Election was at least conducted illegally -- ah, you know in violation of the states' statutes. But lots of evidence as well, that as a result of that illegal conduct -- removing checks against fraud, in the Absentee Ballot process -- that we have Absentee fraud. More than enough to effect the outcome of the Election.
Ah, and I think it's the duty of these legislatures to fix this egregious conduct. And make sure that were not putting in the White House -- some guy that didn't get elected.
Bannon: This is what the Constitutional crisis is. I want to be very specific and drill down to this. It's going to be historic, this, we are entering into one of the most ah, important Constitutional crisis the country has ever had.
Your theory of the case, essentially if you've got, if you did, if they give you an expedited hearing; if you went through all this process, and you're filing other suits that are just as powerful -- at the end of day, isn't what the Supreme Court gonna say -- and look I'm not a Constitutional guy -- but aren't they say:
'Hey John great argument, ah were not going to overturn the Biden Electors. Were gonna flip this whole thing back to the state legislatures. And they've got to either reaffirm -- they've gotta stand up.'
Isn't this all get back to the state legislatures? And particularly in these 5 states?
Eastman: There there's 2 places it gets back to: it get back to the state legislatures, because they're process was not followed. And it was deliberately not followed. This was a concerted effort to thwart the checks, the anti-fraud provisions they have put into place. And so it devolved back to the state legislatures
And the only other place it devolves back to, is the Congress. And particularly the Vice President, who will sit in presiding over the Joint-session of Congress, beginning January 6th, to count the Ballots. And they got, they got multiple slates of Ballots, from 7 states.
They got to decide, which, which is the Ballots slate to count. Ah, ah, I think they have that authority to make that determination on their own. But it would certainly be -- help immensely, if the legislatures in the states looked at what happened in their own state; and weigh in, exercising their power under the U.S. Constitution.
And here's the biggest problem: We haven't had this happen -- you'll know there was one minor event in 1960 out of Hawaii -- we haven't had it happen on the scale that we have now -- with multiple slates from multiple states, since 1876.
They don't understand that the power they have to exercise here, is not derived from their State Constitution. It's derived from the Federal Constitution.
So restrictions on that power, like we can only meet with the permissions of the Governor of our state -- restrictions on that power are pre-empted by the Federal Constitution. They have this power directly from the the Federal Constitution.
And it's there for a reason. Because it's much easier to corrupt a single executive official, than it was to corrupt the entire legislature to have an outcome. And they wanted the branch of government, closest to the people, which is the legislatures, to be the one that has the ultimate say about it here.
And these guys need to understand the Constitutional authority, and ah, their Constitutional duty -- to put a stop to this egregious violation of Law that has occurred.
Bannon: The Louie Gomer suit is essentially saying that the Electoral Count Act of 1877 is unconstitutional. You got to go back to the Constitution, and there the president of the Senate, the Vice President of the United States is hard-wired in. And he is actually the decision-maker. He's not ministerial. Is that correct?
Eastman: Right ...
Bannon: And last night the ruling was so important, because the Judge didn't want to touch the merits, right? Once again, you got 'no standing'.
Eastman: Right.
Bannon: Are we to assume that this is gonna be a climactic battle -- that's gonna take place this week -- about the very question of the Constitutionality of the the Electoral Count Act of 1877?
Eastman: Well I think a lot of that depends on the courage and the spine of the individuals involved. But look, ah, I love Representative Gomer. I think he's terrific.
Bannon: Can we ask you to stay through the commercial break -- I know you're swamped --
Eastman: Sure.
Bannon: But here's the reason: you just said 'the courage and the spine' -- we know Louie Gomer has got all the courage -- He's pure honey-badger. Judge Gomer from down Texas-One. That is guy, is tough as Texas Boot-leather, OK? Are you talking on the other side of the football -- would you be, that would be a nice way to say: 'A guy named Mike, Vice President Mike Pence?'
Eastman: Yes.
Bannon: I don't want to put you on the spot like that, John. John you're too good a man. {Laugher ...}
John Eastman, one of the most decent guys I've ever met. So hell, were going to take a short commercial break. We'll return with the President's Constitutional Lawyer, John Eastman.
[26:20]
[Apologies for any errors in the transcription. Significant effort was spent to make it accurate.]
If that wasn’t “instigating an Insurrection” — out in the open, for all to see — well, ah er, were gonna need a bigger Legal Dictionary. And a Constitutional Lawyer or two, of our own …
If you are so inclined, to root out this cancer. At its source.