Former Vice President Mike Pence’s attorney provided testimony at the disbarment hearing of former Chapman University Law School Dean John Eastman, who represented former President Donald Trump. In his testimony, Pence’s attorney revealed that he had sent an email to Eastman blaming him and Trump for the January 6th Capitol siege moments after seeking safety from the mob. The email exchange, which took place during the certification of President Joe Biden’s election victory, became a focal point in the court battle featuring Eastman. Eastman had sued a congressional committee investigating the insurrection to prevent them from obtaining his emails from Chapman University.
The email from Pence’s attorney expressed his concerns about the Democrats and the need for election integrity. However, he concluded that Eastman’s position was unfounded and created an atmosphere of unrest, which ultimately led to the siege. Pence’s attorney explained that he wrote the email while seeking refuge after hearing the chaos unfold. He described how protesters had breached the Capitol and recounted his experience of being ushered into the Senate chambers for safety.
Pence’s attorney emphasized that Pence’s role in the certification process was merely ministerial. He had no authority to delay or reject electors supporting Biden. Prior to the events of January 6th, Pence, Eastman, and others met to discuss the possibility of delaying the certification to investigate election fraud claims. However, in a subsequent meeting, Eastman surprised Pence’s attorney by pushing for a rejection of the electors.
Pence’s attorney highlighted historical examples to support his arguments. He noted that no vice president had ever intervened in the electoral vote certification process. He also referenced the 1960 election dispute in Hawaii, where then-Vice President Richard Nixon accepted the electors favoring President John Kennedy without opposition from Congress. Additionally, Pence’s attorney discussed examples of voting irregularities and conservative activists successfully challenging some illegally accepted votes, although they did not impact the overall outcome of the election.
Pence’s attorney mentioned that he had contemplated writing an op-ed about the events of January 6th but decided against it due to concerns over attorney-client privilege and “cancel culture.” He believed that rushing to judgment without a proper defense could have severe consequences for individuals. Nonetheless, he expressed his offense on behalf of the legal profession and called for humility from Congress, highlighting the history of objections raised during past certification processes.
During the disbarment hearing, Eastman’s attorney argued that the case revolved around the viability of his client’s legal theories, the application of free speech rights, and the right to petition for redress of grievances under federal and California law.
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