During Thursday's Jan. 6 committee hearing, Judge Michael Luttig made a clear, decisive statement that he would have given his own life to ensure that the 2020 election was certified by former Vice President Mike Pence.
"I had foreshadowed this answer in my earlier testimony to Congresswoman [Liz] Cheney (R-WI)," began Luttig about his former clerk John Eastman. "Mr. Eastman, from the beginning, said to the president that there was both legal as well as historical precedent for the vice president to overturn the election. And what we've heard today, I believe, what happened within the White House and elsewhere as all the players, led by Mr. Eastman, got wrapped around the axle by the historical evidence claim by Mr. Eastman."
He explained that he'd told Pence that if any vice president, whether Richard Nixon, Thomas Jefferson or John Adams, did what Donald Trump wanted, "I would have laid my body across the road before I would have let the vice president over turn the 2020 election on the basis of that historical precedent."
He went on to explain that the United States "needs to know that that was the centerpiece of the plan to overturn the 2020 election."
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"Scholars before 2020 would have used that historical precedent to argue not that Vice President Pence could overturn the 2020 election by accepting noncertified state electoral votes, but they would have made arguments as to some substantive, not merely procedural, authority possessed by the vice president of the United States on the statutorily prescribed day for counting the electoral college votes. This is constitutional mischief," he concluded.
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