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Politics: Trump Attorney Who Wrote Memo About Overturning Biden Win Now Calls Idea 'Crazy'

Garland seems to disavow DOJ press release when asked why terror division involved in policing parents

  Garland seems to disavow DOJ press release when asked why terror division involved in policing parents Attorney General Merrick Garland dismissed a press release issued by his own department when asked why he put the Department of Justice’s National Security Division on the case of protesting parents if he didn't consider them "domestic terrorists."Garland's confusing spin came during a House Judiciary Committee hearing on Thursday when he was asked about a controversial memo he issued Oct. 4. The DOJ press release announced a task force that includes the FBI to help address an alleged threat posed by parents angry about progressive public school curricula.

Conservative attorney John Eastman said that the strategy outlined in a now-infamous memo about how to overturn President Joe Biden's Electoral College victory on January 6 was "crazy," suggesting it was not a "viable" option.

Pro-Trump rioters gather in front of the U.S. Capitol Building on January 6 in Washington, D.C. © Brent Stirton/Getty Images Pro-Trump rioters gather in front of the U.S. Capitol Building on January 6 in Washington, D.C.

Eastman, who represented former President Donald Trump before the Supreme Court after the 2020 election, wrote a memo (which was first reported in the book Peril by Washington Post journalists) outlining strategies to prevent Biden's win from being formally certified by Congress. The lawyer met with the former president and former Vice President Mike Pence to discuss the document just days before the pro-Trump attack on the U.S. Capitol.

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  2016 Presidential Election Investigation Fast Facts Read CNN's 2016 Presidential Election Investigation Fast Facts for information about probes into Russian meddling during the 2016 presidential race.Here's a look at investigations into Russian meddling during the 2016 presidential race between Donald Trump and Hillary Clinton.

In an interview with National Review published on Friday, Eastman said he didn't believe the strategy would work but had been asked to outline options being discussed by Trump's legal team. In his memo, the lawyer wrote that "if the Republicans in the State Delegations stand firm," Trump would be reelected by the House.

Eastman told the publication that he told the former president, "Look, I don't think they would hold firm on this." He added: "Anybody who thinks that that's a viable strategy is crazy."

"The memo was not being provided to Trump or Pence as my advice," the attorney insisted to National Review. "The memo was designed to outline every single possible scenario that had been floated, so that we could talk about it."

Garland faces relentless GOP pressure after issuing memo on school board threats

  Garland faces relentless GOP pressure after issuing memo on school board threats A Justice Department memo that has put Attorney General Merrick Garland in the center of the roiling political controversy over masks and history lessons in schools continues to fuel Republican fire towards the department. © Greg Nash/Pool/Getty Images Congressional Republicans have been unrelenting in their criticisms of the October 4 memo, which laid out how the department would work with state and local authorities to respond to threats of violence and harassment against school board officials.

The memo also suggested that Pence could reject the Electoral College votes from states, declaring them invalid. At the beginning of October, The New York Times published an article including interview remarks from Eastman, in which he said Pence asked him in a meeting with Trump, "Do you think I have such power?"

According to The Times, Eastman told the then vice president that it would be "foolish" to attempt to do so unless states had already selected a new slate of electors favorable to Trump. Pence ultimately rejected the idea that he could overturn Biden's victory, angering Trump and his supporters.

"It is my considered judgment that my oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not," Pence said in a January 6 statement.

Shortly later, Trump publicly urged Pence to disregard the Constitution at a "Stop the Steal" rally held at the Ellipse near the White House. "So I hope Mike has the courage to do what he has to do," he said.

House GOP calls on Garland to withdraw DOJ schools memo after NSBA apologized for 'domestic terrorism' letter

  House GOP calls on Garland to withdraw DOJ schools memo after NSBA apologized for 'domestic terrorism' letter House Republicans called on Attorney General Merrick Garland to withdraw his controversial memo involving the FBI in policing school board meetings after the group whose letter prompted the memo withdrew it and apologized for likening parent protesters to “domestic terrorists."Garland revealed last week that the Justice Department and White House communicated about the National School Boards Association letter before Garland issued his memo, and new emails from the NSBA itself showed it was in touch with the White House about its letter prior to publishing.

Hundreds of angry pro-Trump rioters then proceeded to march to the Capitol, attacking the legislative branch of government. Many expressed a desire to harm or kill Mike Pence as well as other lawmakers. "Hang Mike Pence" was a popular slogan among the mob, as a gallows was erected in front of the Capitol.

Although Eastman is distancing himself from supporting the idea outlined in the memo he wrote, he continues to back baseless claims that the 2020 election was rife with fraud. The pro-Trump lawyer told The Times that he continues to investigate allegations of fraud and is in the process of writing a book on the topic. Trump and many of his right-wing allies continue to promote the groundless claims as well.

More than 60 election challenge lawsuits filed by Trump and his allies have failed in state and federal courts. Even judges appointed by Trump and other Republicans rejected the allegations or dismissed the lawsuits for lacking merit. Meanwhile, audits and recounts in key battleground states—including in areas where the election was overseen by pro-Trump Republicans—have reaffirmed Biden's win.

John Eastman, Trump Lawyer Behind Pence Memo, Faces 1/6 Subpoena

  John Eastman, Trump Lawyer Behind Pence Memo, Faces 1/6 Subpoena The House select committee investigating the January 6 insurrection is reportedly seeking testimony from a law professor who wrote a memo outlining strategies to keep Donald Trump in power.Rep. Bennie Thompson, the panel's chairman, told The Washington Post on Tuesday that "it will happen," but did not provide a timeline for when the subpoena would be issued.

Newsweek reached out to Trump's press office for comment.

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Byron York's Daily Memo: Note to Democrats: It's not 2020 anymore .
Welcome to Byron York's Daily Memo newsletter.NOTE TO DEMOCRATS: IT'S NOT 2020 ANYMORE. There's been a lot of attention paid to President Joe Biden's falling job approval rating. And it is indeed going down, down, down. But along with confidence in the president, the public is also losing faith in the Democratic Party's ability to handle the issues that most concern voters today. It's been a long fall for both Biden and his party since they narrowly won control in Washington one year ago this week.

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