Former Vice President Mike Pence’s attorney, Greg Jacob, testified in the disbarment hearing against John Eastman, the former dean of Chapman University Law School and former representative of ex-President Donald Trump. Jacob’s email to Eastman, which blamed him and Trump for the January 6th Capitol siege, was written moments after he was rushed to safety from the mob. The email exchange between Jacob and Eastman, which occurred on January 6th as Congress was certifying President Joe Biden’s election, became relevant in the federal court battle involving Eastman’s attempt to prevent the congressional committee from accessing his emails from Chapman University.
In the email, Jacob expressed his respect for Eastman’s concerns about Democratic actions and the need for election integrity. However, he criticized Eastman’s legal arguments, describing them as results-oriented and unsupported. He also blamed Eastman for the situation they were in, stating, “Thanks to your bullshit, we are now under siege.” Jacob explained that he had written the email during a hectic day while seeking a cup of coffee and being startled by the sound of glass shattering nearby. He recounted how he and others were ushered into the Senate chambers by Capitol police, but there was a conflict with Secret Service agents trying to evacuate Pence. Eventually, Jacob and Pence reached a secure location.
Jacob believed that the push to delay or stop the certification of Biden’s election attracted the protesters who eventually breached the Capitol. He clarified that Pence’s role was merely to open the envelopes and record the results, lacking the authority to delay the proceedings or reject the electors. Prior to January 6th, Jacob, Pence, and others had met with Trump and Eastman, who argued for a delay in certification to allow for further investigation into election fraud claims.
Jacob emphasized that throughout U.S. history, no vice president had intervened in the electoral vote certification process. He cited examples such as the 1960 election dispute in Hawaii, where then-Vice President Richard Nixon opened envelopes and accepted the slate favoring President John Kennedy without opposition from Congress. Jacob conducted extensive legal and historical research on the issue, including the election of 1800, and concluded that the framers of the constitution would not support Eastman’s position. He also noted that even Supreme Court Justice Clarence Thomas would likely oppose Eastman’s arguments.
Regarding the allegations of voting irregularities, Jacob acknowledged that some conservative activists had successfully challenged certain illegal votes. However, he stated that these cases did not have a significant impact on the overall outcome of Biden’s election. Jacob admitted to considering writing an op-ed about January 6th but decided against it due to concerns about attorney-client privilege and “cancel culture.”
Jacob expressed his offense at the events leading up to January 6th, particularly the impact of social media on the legal profession. He believed that it brought disrepute to their profession. He called for humility from Congress, pointing out that objections to electoral certifications had been raised by Democrats since the disputed 2000 election. He argued that similar objections had been made in Ohio in 2004, despite no evidence of vote fraud.
The disbarment hearing aimed to determine the validity of Eastman’s legal theories, his protection under free speech rights, and his right to petition for redress of grievances under federal and California law, according to his attorney’s opening statement.
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