We have known that Grassley was prepared to substitute for Pence on 6 January 2021 because of his reluctance to comply with Trump’s demand to provide a bogus pretext for overthrowing the government.
The day before the 1/6 insurrection, Chuck Grassley tweeted that he (rather than Pence) would be supervising the election certification. Commenting that he hadn’t made up his mind seems all the more incongruous.
This Chesebro memo of 13 December 2020 shows how the insurrection plan would unfold and nearly did with plenty of co-conspirators likely to be identified by the Select Committee, as hearings begin soon.
A new memo released today from Trump lawyer Kenneth Chesebro to Rudy Giuliani about how to conduct January 6th.
It was meant to be a coup and it’s set up in the memo. Pence was supposed to “recuse himself,” despite the fact that Gore didn’t recuse himself, Dan Quayle didn’t recuse himself, the Vice President has one duty. Had Pence recused himself, it would’ve been the end of democracy in America. Have no doubt, this is the Republican plan for 2024, too.
To some of us, it is clear that Pence was run out of the Senate chamber at the exact time that Pence decided to do his job, the exact time that Pence began to do his job (Remember the Trump tweet? Pence let us down?) which was the backup plan to this memorandum, where Pence was supposed to step aside willingly. Adam Schiff said that the most chilling words he had heard in the entire investigation were Mike Pence’s words to the Secret Service that he wasn’t getting in the SUV to be whisked away. Pence knew they were trying to get rid of him, get him away from the Capitol so that Grassley would count the Electors and reject those from the contested states.
The memo, authored by attorney Kenneth Chesebro, described what he called the "'President of the Senate' strategy," an effort to convince Mike Pence to assert control of the Jan. 6 count of electoral votes.
Chesebro's memo lays out a day-to-day plan of action beginning Jan. 3 with hearings by Sen. Graham. A Graham spokesman emphasized that no hearings were ever held but declined to address whether Graham was ever approached about this strategy.
Chesebro then argued to let the chips fall. No one could predict what SCOTUS would do and Trump could very well still lose, he said. But he said the effort would be worth it and could even result in an unexpected outcome, like Pence becoming president.
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The document: It’s a Dec. 13, 2020, email from a little-known attorney who had been advising Donald Trump’s legal team, Kenneth Chesebro. He sent it to Rudy Giuliani, sketching out a plan for then-Vice President Mike Pence to halt the certification of Joe Biden’s victory on Jan. 6, 2021. He dubbed it the “‘President of the Senate’ strategy.”
Chesebro's memo became public last week as a little-noticed exhibit in a legal battle between the Jan. 6 select committee and John Eastman, who conferred with Chesebro about that last-ditch strategy to delay or prevent the certification of Biden’s election. U.S. District Court Judge David Carter described the memo in his March ruling as perhaps “the first time members of President Trump’s team transformed a legal interpretation of the Electoral Count Act” — the law that governs the transition of power — into a day-by-day plan of action.” Carter wrote in his opinion that this memo “likely furthered the crimes of obstruction of an official proceeding and conspiracy to defraud the United States.” He ordered it released to the select committee under the "crime-fraud" exception to attorney client privilege.
The strategy: The plan offered by Chesebro depended on the existence of competing slates of presidential electors in a handful of states where Biden won the popular vote. In fact, just a day after Chesebro sent his memo to Giuliani, pro-Trump activists gathered in several state capitals and signed documents falsely claiming to be the true presidential electors from their states.
Then, Chesebro’s strategy required Pence to “firmly take the position that “he, and he alone, is charged with the constitutional responsibility not just to open the votes, but to count them—including making judgments about what to do if there are conflicting votes.”