The 1/6 committee is set to plunge into Donald Trump's last-ditch effort to salvage the 2020 election by pressuring Vice President Mike Pence to reject the electoral count — a highly unusual and potentially illegal strategy that was set in motion in the run-up to the US Capitol riot.
With two live witnesses Thursday, the House panel intends to show how Trump's false claims of a fraudulent election left him grasping for alternatives as courts turned back dozens of lawsuits challenging the vote. Trump latched onto conservative law professor John Eastman's obscure plan and launched a public and private pressure campaign on Pence days before the vice president was to preside over the Jan. 6 joint session of Congress to certify Joe Biden's election victory. A federal judge has said it is “more likely than not” Trump committed crimes over the scheme.
"The illegality of the plan was obvious," the Jan. 6 panel said in a court filing against Eastman. The committee will hear from Greg Jacob, the vice president's counsel who fended off Eastman's ideas for Pence to carry out the plan; and retired federal judge Michael Luttig, who called the plan from Eastman, his former law clerk, "incorrect at every turn.”
Thursday's session is also expected to divulge new evidence about the danger Pence faced that day as the mob stormed the Capitol shouting “hang Mike Pence!” with a gallows on the Capitol grounds as the vice president fled with senators into hiding. Nine people died in the riot and its aftermath.
The session is expected to show how Trump's pressure on Pence “directly contributed” to the attack on the Capitol and how the Eastman strategy posed a “grave, grave threat” to democracy, according to a committee aide who insisted on anonymity to discuss the upcoming hearing.
Ahead of the hearing, Pence's former chief of staff, Marc Short, said his boss was determined to stay at the Capitol that night and finish the job, despite the threats.
“He knew his job was to stay at his post,” Short said on CNN on Wednesday. Short said Pence didn't want the world seeing the vice president leaving the Capitol when "a hallmark of democracy” was under siege.
“He thought it was important that he stay there and make sure the work of the American people was completed that night,” said Short, who testified under subpoena to the committee for eight hours, but has not yet appeared as a live witness.
“The panel is reconvening for a third hearing this month after a blockbuster prime-time start last week, followed by logistical setbacks in recent days. Monday's key witness, former Trump campaign manager Bill Stepien, abruptly declined to appear in person because his wife was in labour with their child. Wednesday's scheduled hearing with witnesses from the Justice Department who tried to convince Trump that his claims of voter fraud were just not true was postponed.
Nevertheless, the panel's yearlong investigation is portraying a publicly gripping account of Trump's final weeks in office as the defeated president clung to “the big lie” of a rigged election even as those around him — his family, his top aides, officials at the highest levels of government — were telling him he simply lost the election.
Former Attorney General William Barr, who resigned at the end of 2020 rather than be part of Trump's plans, testified earlier that the president was becoming “detached from reality” if he believed the lies.
He said he told the president his claims of voter fraud were “bull-—.”
With 1,000 interviews and reams of 140,000 documents, the committee is connecting the dots, showing how Trump's false claims of election fraud became a battle cry as he summoned thousands of Americans to Washington for a Jan. 6 rally and then sent them to Capitol Hill to “fight like hell” for his presidency.
More than 800 people have been arrested in the Capitol siege, and the panel is considering whether to send a referral for criminal charges against Trump to the Justice Department.
No president or former president has ever been indicted by the Justice Department, and Attorney General Merrick Garland has said he and his team are following the proceedings in Congress.