Topline
Former Trump personal attorney Rudy Giuliani acknowledged in a private phone call just hours before the January 6 riot that Vice President Mike Pence lacked the legal authority to block the certification of the 2020 election, according to a deposition from former White House lawyer Eric Herschmann, but Giuliani continued to publicly claim the effort was “perfectly legal.”
Former New York City Mayor Rudy Giuliani speaks during a news conference on November 19, 2020. … [+]
Key Facts
Herschmann said Giuliani called him “out of the blue” the morning of January 6 to ask for his view on the plan for Pence to block the certification of President Joe Biden’s win.
When Herschmann told Giuliani Pence lacked any power to intervene in the certification, Herschmann said Giuliani responded, “you’re probably right.”
Giuliani appeared just hours later at a rally at the Ellipse alongside right-wing legal scholar John Eastman, where he riled up the crowd of Trump supporters by claiming it was “perfectly legal” for Pence to intervene.
Key Background
Herschmann was among a group of Trump White House lawyers that strongly repelled efforts to overturn the election results, which were pushed by the likes of Eastman and Giuliani. Thursday’s hearing has focused on former President Donald Trump’s unsuccessful push to get Pence to somehow block the certification of Biden’s win.
Crucial Quote
“You’re going to turn around and tell 78+ million people in this country that this is how you’re going to invalidate their votes? Because you think the election was stolen?” Herschmann recalled telling Eastman. “You’re going to cause riots in the streets.”
Source: https://www.forbes.com/sites/nicholasreimann/2022/06/16/jan-6-hearings-giuliani-privately-doubted-plan-to-have-pence-overturn-election-would-work-lawyer-says/