eastman? mr. eastman kills the national review quote, anybody who thinks that the viable strategy is crazy. [laughs] why would you believe that, why would you even try, that strategy is crazy. anybody who thinks that's a viable strategy is crazy. anybody who thinks pence had the power to do that, crazy. it's just not true. we would believe that. he's talking about his own work. now, i highlighted that interview by john eastman with a national review here on the show on friday night, basically as a form of good news. never do that maddow. but the reason i said that was good news i hope was clear, at least i hope to make it clear. people do terrible things all-time, people get caught doing their buildings all the time. but if you do a terrible thing, and you get caught doing it, trying to disavow what you did, trying to pretend that wasn't you, that ali shows that the thing you know you did was wrong. it was bad. you are embarrassed to be associated with your bad behavior that you got caught for. yo

"john eastman versus the eastman memo." he spoke to the national review for nearly an hour total about the memos he drafted and his private meeting in the white house on january 4th with pencev legal counsel and pence's chief of staff. eastman now says the eastman memo does not accurately represent his own views or his legal advice to pence or trump. two-page memo proposed that pence reject certified electoral college votes. and then either declare trump the winner or invalidate enough votes to send the vote to the house of representatives, where republicans controlled the majority, and they would presumably hand the election to trump. quote, but eastman now tells the national review that the strategy of having pence reject electoral votes was not, quote, viable.ut and it would have been, quote, crazy to pursue that. yeah. whose hot dog car is that? who drove the hot dog car into the building? who just shot president lincoln? we better go get that guy. definitely wasn't me. "the national review" asked john eastman about his

and this is from the eastman memo. pence announces that because of the ongoing disputes in the seven states there are no electors that can be deemed validly appointed in those states. at this point there are 2 2 votes for trump, 222 for biden. pence then gavels, president trump is reelected. house democrats say 270 votes are required. pence says fine, nobody has achieved the necessary majority, that sends the matter to the house, republicans currently control 26 of the state delegations, trump is reelected there as well. the essential flaw of this seems to be there was no fraud, there wasn't a disputed result in the seven states. what does eastman say about that now? >> eastman appears to have acknowledged that there were no alternative slates out there in the states. and that's a fact. there were not. people may have been claiming on social media at the time and state legislatures may have aspired in republican states to have alternative slates of electors, but there were no alternate slates of electors. so the entire

which would obviously imply more than just this memo and more than just eastman. >> eastman's memo is the sort of legalistic version of what we heard those people chanting in the capitol. hang mike pence. eastman is saying mike pence can and should do this under the constitution. that's what it says in the memo. that's what eastman tried to walk back. eastman tried to talk to the national review and tell them, no, i was sort of spinning hypotheticals. that's not what the memo says and that's not what we heard eastman say in that tape. eastman very much meant exactly the words he put on paper which were mike pence has the power to do this, which he does not, and that mike pence essentially should be blamed if he declines to do this, as thankfully he did. >> elie, can you help me understand and maybe some of our viewers share this frustration, or lack of understanding here. you have eastman on tape saying this. you have former president trump taped on a phone call saying find me the votes. in georgia, in effect audio and video evidence of potential crimes, in the offing. why these many

how is eastman responding to this? >> so eastman says that the only reason he wrote that email on january 6th was because of the response from mr. jacob, vice president's chief counsel who is going to respect a member of the republican bar. and mr. jacob wrote pretty detailed draft op-ed saying that mr. eastman and others should face potential bar disciplining, you know, should be in trouble for what they did. he said because they repeatedly, in his mind, knowingly misled the president of the united states. mr. eastman continues to say the election was rigged. he has not -- he's not changed his course on that and said that nothing that he did in the days leading up to the election was wrong. and he took no contrition for the emails he sent on the 6th. ju . >> thanks for your reporting from "the washington post." we appreciate it. >> thanks for having me. >>> cnn has uncovered audio of john eastman four days before the capitol attack, putting pressure and a potential bull's-eye on pence. cnn's k team has this exchange b

eastman.ber of different meetings or events that we know are instrumental to the attack that took place on january 6th. he's in the war room. he's in the oval office meeting with the president and the vice president. he shows up at the rally and delivers a speech. so there are all kinds of very de detailed facts. what sort of assignments may he have been given. all sorts of things. >> would eastman have any legal grounds to fight a subpoena if the subpoena comes forward? >> i don't think so. but remember that this is an individual who is associated with the former president who, for whom is doesn't matter if there's a viable or plausible legal basis to make an argument whether it's a privilege or anything else related to the election. that said, i think the main baseoise which steve bannon and others have said they don't want to testify is executive privilege. this individual john eastman was not part of the executive branch, not in the government at the time. i don't think that flies. i suppo

then last week we saw eastman suddenly disavow his em moe. in an interview with the "national review" the architect of the coup memo said having pence reject the notes was not viable and would have been crazy to pursue, however, eastman is under cut his little charade by candidly revealing that he was fully committed to the ideas expressed in his memo. and he says it would have succeeded, too, had it not been for the pesky mike pence. he willingly admits this in a series of undercover videos filmed on saturday by lauren windsor at an event for the claremont institute, the right wing think thank. windsor identified herself as a trump supporter who had taken part in the insurrection and here is what he said in a portion of her video that we've edited down. >> i read your memo and thought it was solid in the single arguments and i was floored that the mike pence didn't do anything. i mean, why didn't he act on it because you gave him the legal reasoning to do that. >> i know. i know. >> all your legal reasoning is totally solid. >> no question.

here's eastman with a democratic activist who was posing as an eastman supporter and fan of donald trumpget him to talk. >> i mean, like, you know, supported and supporter. like, what do you think that mike pence didn't do it? >> well, because mike pence is an establishment guy at the end of the day. it's all of the establishment republicans in d.c. bought into this very myopic view that trump was destroying the republican party. and what trump was doing is destroying the inside the beltway republican party and reviving the republican party, right, what they all consider the deplorable flyover country. >> video emerging as cnn has confirmed the january 6th select committee is preparing to subpoena john eastman. and just days after eastman told the national review that the legal strategy outlined in that memo was not viable is what he told them then. and would have been crazy to pursue. outfront now, elie honig, cnn senior legal analyst. elie, what do you think the select committee can get from eastman? >> i'd have a lot of questions for john eastman, kate. most fundamentally, he wrote th

on january 4, president trump has eastman in the oval office and says-- eastman and trump standing there." this is not some "law review" article being passed among aides. this is directly president to v.p. >> stephen: we have to take a quick break. but don't go anywhere, because when we come back, i want to ask bob and robert about accountability. what happens to the people who perpetrated this lie? stick around. ( cheers and applause ) ( band playing ) ♪ ♪ you don't become a runner, who breaks eight world records... after age 65, without a serious support system. kathy martin has one in medicare from blue cross blue shield. she won't go a day without the right card. because she can't go a day without running. this is the benefit of blue. find your local blue cross and blue shield plan at benefitofblue.com [knocking on door] ♪ ♪ so many bottles of champagne ♪ ♪ s s face ♪ so many bottles of champagne ♪ “ready and action!” ♪ oh, i feel like scorsese ♪ ♪ ♪ yeah, this sure is like a movie ♪ ♪ (yeah, yeah, yeah, yeah) ♪ ♪ whoa, we're 'bout to make a movie, ♪ ♪ woo ♪ ♪ ♪ roll out the red carp

eastman once again called out pence.tee looking into the events of january 6th say they want to know more about the kind of pressure that pence was facing from eastman and others. interestingly, last night we got a new video of eastman talking about how he felt about pence rejecting his big plan. let's get a listen. >> like why do you think that mike pence didn't do it? >> because mike pence is an establishment at the end of the day. all establishment republicans in d.c. bought into this very myopic view that trump was just throwing the republican party. >> that video was made by democratic activist laura windsor. she posed as a serpt of trump's and eastman's to get him to talk. but it's significant because just last week eastman told the national review that any plan to have pence overturn the election was, quote, crazy and not viable. you see there in that video, when he thinks he's talking to someone sympathetic, he has a completely different story. we've reached out to mr. eastman about the potential subpoena and vid

but eastman was caught on camera defending his plan. and blaming mike pence in a series of undercover videos shot by a liberal activist name lauren windsor. she approached him at an event on her own, not on behalf of nbc news, saying she was at the rally on one six, and that she was one of his supporters. >> i read your memo and i thought that it was solid and all of his legal arguments. >> yes. >> i was just floored that mike pence didn't do anything, i mean why didn't he act on. it because you gave him the legal reasoning to do that. >> i know. i know. >> but i mean, you know from supported to support, or why do you think mike pence did it? >> nbc news reached out to eastman and he had no comment. today winds herself posted more of the video from her conversation with eastman who described trump's plan to walk down to the capitol after that speech he cave on january six. >> yeah i don't know, because the breaking of the window had already started before his speech was over. and if he got down there then all of that would've been blame

what is your understanding of its status and eastman's relationship to it?ink it was the driving political and legislative and constitutional strategy of the political coup on january the 6th. and if you look at eastman's interview with steve bannon on the 6th, clearly steve bannon had bought into it and it was the organizing principle of what they were doing. the whole point was to inflate the vice president's role to the side of the goodyear blimp and say for the first time in american history the vice president could himself repudiate and reject electoral college votes from arizona, georgia and p.a. denying biden a majority in the electoral college and kicking the whole thing into the house for a contingent election where we know the state-by-state voting would have favored trump. and so politically it was a great strategy for them. constitutionally it was utterly fraudulent, as eastman himself seemed to recognize a couple of days ago when he said it was crazy, facing disbarment charges, he decided to say it was crazy. but then in that interview, i suppos

john eastman.ic who worked for the think tank the clairmont institute. he is probably best known for aligning himself with donald trump's attempts to overturn the 2020 election. you may remember him as the man behind this memo, a step-by-step guide for vice president mike pence to murder american democracy by ignore the will of voters an handing the election to donald trump. he's been presented his coup blueprint. john eastman tried to pressure pencing into doing it at that january 6th rally where trump inkrigted the insurrection. the. >> he can decide on the validity of these crooked ballots or he can send it back to legislatures. if we're right, a lot of them will go to jail. so let's have trial by combat. >> all we're demanding of vice president pence is this afternoon at 1:00 he let the legislatures of the state look into this so we get to the bottom of it and the american people know whether we have control of the direction of our government or not. >> declare, eastman is saying athat pence sh

but john eastman. when you keep the company of bernie karrick and rudy giuliani and boris e., you may be those things jackie said you are. you may be someone smarter than those guys, but you become them. who is john eastman in the coup plot. one way to think about this, nicole is if you look at what's been happening in this country for several years and frankly look at what happens in other countries where you have a democratic roleback, what you have is people who independent confuse the weak spot in a democracy that can be exploited. no democracy is ironclad protected against human beings who are willing to put their own interests ahead of the democracy's interest. eastman to me is that person who is smart enough to try to find what are the vulnerabilities in the american democracy? and the reality is, i think aspects the republican party had been doing this quite well for a number of years. what are the vulnerabilities, what are the vuler in nlts in terms of how we can create districting maps which

take this lawyer, john eastman. he's revving up the crowds here at the president's stop the steal rally just before those crowds stormed the capitol. eastman was not well known at the time, but we've recently learned that he was the author of a memo for president trump that detailed exactly how trump could use the january 6th election certification process to overturn joe biden's win and remain in power. and trump and his allies were following eastman's instruction manual right up until januaryth when vice president mike pence refused to carry out his part of the plot. so trump and eastman riled up the crowd which went and stormed the capitol instead. "the new york times" this weekend did a deep dive on john eastman, telling the story of how donald trump discovered him in 2019, seeing him on fox news, of course. and how eastman became trump's source for all kinds of hair-raising legal theories that would allow trump to do things he wasn't actually allowed to do, right up to and including the instruction manual for t

eastman apparently blaming pence for the violence.hang mike pence from the capitol. eastman claimed that pence's refusal to block the election caused the attack and pushed pence to act even after the riot ended. eastman confirmed the content of the e-mails but denies he was blaming mike pence. bringing in legal analyst showing new extent of the pressure put on former vice president mike pence. what do you make of these details? >> i make that this is completely irresponsible and beyond unfortunate. there are people in special positions of authority. like a doctor during a covid-19 pandemic. you rely on what people say. you want to know. is it safe to take, should i be doing it? drawing that analogy to law, you are at the highest levels of government. it is quite shocking. the person at the time in charge buying into it and believing it. the shot you were showing there as it related to what it really amounted to. because of these theories, you have people who believe this. you have an insurrection. we need to do better. the bar has a r

as far as john eastman, i think a subpoena on him is inevitable. he tried last week to say he didn't believe his own memo. like he forgot who told him to even write it. that was part of his story. i've had hundreds of cases. you never forget who tells you to write a memo on something. if your task is to write a legal memo to justify a coup and overthrow an election, i think you remember who told you to write that memo. >> yes. go ahead. >> and then things got worse for him today, there's three john eastmans. one is the guy who wrote the memo, one is the guy who disclaimed it, and the new guy who disagrees and says i'm all in on the coup, it's solid, and there's no legal argument against the memo. it's incomprehensible. i called him a trumpian legal scholar, but it's not legal and he's not a scholar. >> jon karl, what does this committee need to do to impress on the american people how important 1/6 was? what endgame was supposed to be on 1/6? the democrats have routinely been charlie browned by the republicans for the past five years. >> the purpos

no matter how eastman wants to spend it. rebecca, it's illegal at this, is for a manhattan law school, and she joins me now. >> rebecca roiphe, i wanted to talk to you because i know you do some of your academic work in legal ethics. and the strikes me as a pretty important test case for the legal profession. a question of what is sort of permissible debate about legal documents, we can advance what you do is in, the law and i would point did you cross over to do fundamentally violates and this rudiments of what's the code is of a lawyer in the rule of law. what do you think? >> you know, i think it's a really great question. and i think these complaints are excellent because they have been worded in such a careful way. and they've gone over the fact with such a careful way. and sometimes you and i we are rushed. and we have to say something quickly. they were very careful about going through the facts. and i think it's important and of course to decide whether or not eastman stepped over the line. he is certainly, as you sa

that is pressure eastman continued to put up to and even after the insurrection. and we did learn this past week that the house committee is planning to subpoena or interested in subpoenaing john eastman to hear his side of the story and to learn more about what happened on those days. >> all right. thank you so much. >>> still ahead, news that will make this halloween weekend even sweeter for kids and parents. what we know about when and where 5 to 11-year-olds will be able to get a coronavirus vaccine. >>> and look at these live pictures from rome ahead of tonight's cultural program which will get under way in about an hour. we are live in the "cnn newsroom." you could fret about that email you just sent. ...with a typo. aaaand most of the info is totally outdated. orrrr... you could use slack. and edit your message after it's sent. [sigh of relief.] slack. where the future works. [humming] ♪ i'm paying them no mind ♪ ♪ hands to the sky, all mine and pardon when i shine ♪ ♪ hands to the sky, all mine ♪ ♪ woah, woah no ceiling woah woah good feeling woah woah ♪ ♪

it must be a different john eastman. also today, in wisconsin, more progress. you know how republicans all over the country are pursuing these reviews of the 2020 election results. arizona, pennsylvania, texas, wisconsin, they're pursuing these reviews which where they're calling audits, or forensic audits. they want to make it seem like they're running some rigorous process, and investigating some kind of known crime scene all these things are nonsense, they are designed simply to muddy the waters around the clear election results. trying to make election administration seem controversial or rigs, or somehow partisan. they're trying to reunify these raid assertions of fraud. so republican voters will be condition to not accept election results in the future when republicans lose elections. they're using the sort of reviews and audits to sort of justify perverting electric administration systems. so partisan figures can mess with and throw out inconvenient results in the future, they are toxic inevitably change russ. we they've actually had to audits on the way

coming up, a new radio interview that appears to prove trump attorney-y john eastman wanted then vice president mike pence to overturn the election results. he'll soon be compelled to explain himself in front of the january 6th investigating committee as they get set to subpoena him any day. now >> later in the hour, -- the supreme court. the fate of roe v. wade on the line in front of a conservative dominated bench. what to watch for. evaporate into thin air. which leaves us to wonder, where does it go? does it get tangled up in knots? or fall victim to gravity? or maybe it winds up somewhere over the bermuda triangle. perhaps you'll come up with your own theory of where the stress goes. behind the wheel of a lincoln is a mighty fine place to start. at t-mobile for business, unconventional thinking means we see things differently, so you can focus on what matters most. whether it's ensuring food arrives as fresh as when it departs... keeping crews connected as they help build communities... or providing patients the care they need, even at home. we are the leader in 5g and a partner

nbc news has reached out to eastman but has not heard back yet. >> it's disturbing.s incredibly disturbing. julie tsirkin, thank you. >>> coming up in our next hour, everybody. new jersey congresswoman bonnie watson coleman is going to join me with whether there's room for negotiation when it comes to the reconciliation bill. and we're going to talk about the reporting of "the washington post" and the subpoena for eastman. you don't want to miss that conversation. >>> right now in virginia, the candidates, they are -- for governor are using this last weekend before election day to reach as many voters as possible. you got democrats outpacing republicans in early votes. but it's a tight race. and election day could change everything as it often does. chris jansing is in virginia. it's great to talk to you. you've been talking to voters today, watching the last-minute push for votes. tell us what's happening. >> reporter: the intensity, yasmin, has ramped up in the final weekend. we're seeing both of the candidates out there in force. i think we have some pictures we c

john eastman is the one who laid out the memo for how the january 6th attack on the u.s. capitol, which did stop the counting process for some time, he laid out the memo for how the attack on the capitol that day could work, particularly if pence went along with it, this is how it could work. well, today, bizarrely, that lawyer, john eastman, the guy who wrote out this quasi legal theory of the case which they used to justify republican members of congress objecting to the electoral count which they used to try to get mike pence to go along with the scheme, today in "national review" john eastman sort of walked it all back. he didn't say he changed his mind. he said that was never what he meant in the first place. he tried to pretend he didn't write what he wrote in his memo, he is denying he meant it. he now says it was a draft, and, of course, if anybody had gone along with any of this, that would be crazy, which is insane but also in its own way is progress, right? it would be a worse scenario if the people who tried to layout this quasi legal theory for how trump coul

whom president trump urged to listen to eastman. he says it's legal, he says you can do it. ultimately, the vice president decides based on the legal advice he is getting that no, he couldn't just throw out the votes. meanwhile, i believe it was senator lee who had come have taken it on himself to call the election officials in some of the states and learned that none of the states was going to toss out its electors anyhow. but bob woodward, talk a bit about pence and how you came to view him after your reporting. was he resolute throughout this crisis? was he tempted perhaps to see what he could do to satisfy the president he had served so loyally four years? and how should we end up seeing him based on what you guys find out? >> it's complicated and multidimensional. pence wanted to accommodate trump because pence knew that if something could be worked out here he might be able to stay as vice president. it was so obvious, i mean, there are the scenes where, with which we can report for the first time where trump and pence are in the oval office and trump is saying to him,

eastman denies he was blaming pence for the violence.rified this email but i want to read you part of ha what it says. eastman allegedly wrote the siege is because you and your boss did not do what was necessary to allow this to be aired in a public way so that the american can see for themselves what happened. according to false election claims eastman at the top there is set to be subpoenaed by the january 6th committee by midweek next week, a sort familiar telling nbc news it's because of eastman's previous memo that he outlined, basically unconstitutional pathway for the vice president, former vice president pence, to be able to overturn the election and basically prove the voter election fraud claims of the former president asked him to do and block the election certification process. as we head into next week we'll wait for the subpoena from the committee. we reached out to them this morning. i should add on this new reporting and emails we have not heard back yet, guys. >> julie, thank you for that. she mentioned we have cynthiaox

he says at one point to eastman, do you think i have that power?cording to our sources, eastman essentially admitted that he didn't. and then, pence turned to former-president trump and said did you hear that, mr. president? he was trying make his case for why he didn't have that power and eastman was going too far. but it was really more vivid detail than we have had about this key meeting where they were trying to press pence to do something that pence was very clear with them, he believed exceeded his authority. and we saw what happened next. >> and is eastman still in the former president's orbit? >> the orbit is sort of loosely defined. he certainly has talked to the former president a few times. you know, i think he would like to be more involved. he made that very clear. i don't think he is that deeply involved right now. but anderson, as you know, as well as i do, the cast of characters around trump is -- is shifting sands and so he could end up coming back in some fashion. right now, he's not that deeply involved. >> seems like-yo you can

one of the people central to this question is john eastman, this lawyer. he wrote about a proposal for mike pence not to certify the electoral college vote. here's what he was saying. >> are we to assume this is going to be a climactic battle to take place this week about the very question of the constitution alternate route act of 1877? >> a lot depends on the courage and spine of individuals involved. >> are you talking on the other side of the football, that would be a nice way to say a guy, vice president mike pence? >> yes. >> that was what the k file uncovered four days before. also this weekend, new reporting from "the washington post" that on january 6th itself as the capitol was being overrun, eastman was emailing a lawyer for mike pence, blaming him for the riot, saying he should have done more. >> just incredible stuff. goes to show you how integral eastman was to scheming going on behind the scenes to overturn election results. thank you for that update. appreciate it. i am joined by foreign homeland security secretary under president george w.

eastman said he told mr.o speak publicly about the oval office conversation, said that mr. eastman acknowledged that the vice president most likely did not have that power, at which point mr. pence turned to mr. trump -- eastman went on with that, did he not? >> mr. eastman went on the ellipse that the president was at and called for the delay and called for pence to issue the delay. that is what that mob ended up doing when they stormed the capitol, they delayed it, delayed it, albeit, for several hours, not any longer than that, but there was success for a short period of time in delaying it. and i think what is so shocking about this is the success that this person had in penetrating the president's orbit, his inner circle and being a person who was helping him in his attempts to remain in power. >> it's an incredible piece of reporting. i'm sure we'll be hearing more about mr. eastman. thank you for spending some time with us to talk about it. a quick break for us. we'll be right back. k break fors we'll

your paper reported an an email exchange between john eastman and an aide in which eastman wrote, quotee siege is because you and your boss did not do what was necessary. to allow this to be aired in a public way so that the american people can see for themselves what happened and that's referring to trump's claims of voter fraud, and again, this was happening during the siege. i find it so interesting that maybe it wasn't just a peaceful march and maybe it wasn't just as andrew clyde called it just normal tourist day at the capitol. it was a siege in terms of john eastman and what he described. that said, what does this tell us about the pressure that mike pence was under to overturn this election? >> that email exchange reported by "the washington post" was between greg jacob, pence's lawyer and john eastman. that was not just an isolated exchange. as our reporting shows, john eastman circulates his memo which we recovered, and what many people are calling a blueprint for a cue coup de tas. many people come into the oval office and meet with pence and trump, and he said, listen to joh

eastman crossed the line.igate and the facts are set forth in our complaint. >> i mean, he's one piece, a big piece of what appears to be a larger plot here. we're nine months out from january 6th. and you have a number that folks are storming the capitol have legal consequences but not the ring leaders, right? i wonder are we exposing here that the system is not up to the task of policing this? by the way, meanwhile, donald trump is, again, the punitive nominee for the republican party in 2024. >> well, jim, to make sure that the system is up to the task of protecting our elections and protecting our democracy in a bipartisan way, as you see with me and richard, that's why we came together in this states united democracy center that organized and filed this bar complaint against eastman and all across the country. we're working to shore up by pushing back on sham audits, by litigating against these terrible voter hijack bills that are in the states, jim. our states united democracy center working together, co

month institute senior fellow john eastman, acting as counsel to the president of the united statesuary 2021 offered legal advice that has since been maliciously misrepresented and distorted. he did not ask the vice president who was presiding over the joint election. he advised the vice president to accede, request state legislators to pause the proceedings for stoechb ten days to give time for the state legislators to assess whether the acknowledged legal conduct had affected the results of the election. okay. but the "washington post" writes, the defense is among the most carefully worded straw man arguments in modern american history. essentially the statement isn't disputing eastman provided a ready-made procedure for trump and pence to get it overturned. he clearly and unam big usually did so. he didn't say he should overturn it himself. joining me now betsy woodruff swan. welcome to the show. what's the reaction been -- this has come to light in the last couple of weeks, some really good reporting about eastman's plan. what have you been hearing in terms of a reaction to east

eastman is one of those lawyers. this is especially dangerous for two reasons.ide a baseless legal theory as eastman did in this case to essentially overturn the election, his idea was that mike pence could basically throw out the electoral count act, which he cannot do, and override the constitution, which he cannot do, when lawyers present a baseless legal theory like that, they're giving legal cover and permission for other people to follow along. secondly, they're weaponizing the lawyer against the principles it's meant to protect. we've seen this before, for example, with the torture memos by the former head of legal council. these are dangerous for our democracy. i think the legal profession has a reckoning on what to do with these lawyers who are violating their legal professional responsibility to uphold the rule of law and misusing their skills and credentials and authority. >> dana, we've learned from the leaked facebook documents that when people in positions of authority like john eastman, particularly politics, say misinformation and crazy things th

. >> that man, john eastman, pretty worked up there. he's the lawyer who wrote the now infamous memo detailing step-by-step how to overturn the democratic election, the country had just undergone. and install the loser over the winner. well, he is now facing a subpoena from the house committee investigating january six. the chairman of that committee, congressman benny thompson, as told the washington post that is subpoena of johnny's mean will happen. meanwhile eastman has been attempting to distance himself, from culpability, he did these long telephone interviews, telling the memo does not reflect his own views are legal advice. of trump events, business we are because he wrote the memo. but then he was recently caught on camera, defending his member. he was approached at an event by a progressive activist, who pretended to be a trump supporter, who surreptitiously reported and recorded this conversation. >> i was floored that mike pence didn't do anything. why didn't he act on it? you gave him the legal reasoning to do that. >> i kn

john eastman was there too. he's the author of the infamous memo that sought to convince vice president mike pence to stop the steal, as they call it, by taking control of the electoral counting process that, process that was underway on january 6th when the attack on the capitol happened. what happened at the willard hotel and what the team was planning at the command center in the weeks leading up to january 6th is now of great interest to that january 6th select committee. the twice impeached president's supporter had their own command center. sourced from documents provided by the whistle-blower frances haugen detail how facebook played a hand in the leadup to the deadly january 6th insurrection. one internal report, quote, concluded that in the weeks after the election, facebook did not act forcefully enough against the stop the steal movement that was published by -- or that was pushed by trump's political allies, even as its presence exploded across the platform, meaning facebook. joining me now is the au

washington post reporting the house select committee expected to subpoena one john eastman, he is the pro trump lawyer who outlined scenarios for overturning the election results, in trump's favor. the post reports quote, it will happen chair bennie thompson said in an interview tuesday of a subpoena for eastman. who played a key role in a legal operation that was run out of a command center at the willard hotel, in washington, in the days and hours leading up to the january six. house investigators are also focusing on getting more witnesses to cooperate, earlier today the committee chairman said some of those witnesses have been coming in without being asked, without being subpoenaed even. earlier this evening, one committee member was a bit more forthcoming about their focus. we >> have had dozens of interviews with individuals -- every day, we are reaching out, we are pulling these threads to find out what transpired. and those interviews and those discussions are leading to more discussions. within the past department of homeland security, we want to know about the intelligence i

the committee is expected to subpoena eastman. >>> joining us now, my good friend, elise jordan.nk they're going to have to figure out what that horrible background music strumming at this clair month institute gala first, but, you know, jon, eastman has sure enough gotten himself a subpoena in front of the select committee. and i guess what eastman tells national review when he's trying to be, you know, a straightforward establishment conservative lawyer is very different from what he says after hanging out in some gilded ballroom with conservative donors. so you see what he did there. maybe they were casual comments with someone he thought was a fellow supporter, but at the same time, it's probably what he truly believes. and a glimpse into ton guarded moment. and truth and honesty perhaps. >> elise, we have not scuttled plans to have background music here on "way too early" during all interviews. we read from this op-ed being pushed by former president trump, this is your former party t gop, that still seems very much in the grip of trump, and it's a loyalty test now, whether

first the january 6th committee is expected to subpoena john eastman sometime next week.ald trump. he's speaking here at the podium. he crafted a two-page memo outlining ways to overturn the election. and on thursday we'll hear trump's case signing to block congress from getting records on that day. earlier they denied donald trump's right to executive privilege. joining me right now is terrance rosen krantz, founder of the firm new blue interactive. also joe walsh, former republican congressman who's the host of white flag with joe walsh. good morning and thereins for being with us. you know, taryn, this case is uncharted territory as regards to exertion of executive privilege. what are we going to see this week? >> i think we're going to see different things. one thing we've seen every time when it comes to trump and his ability to try to keep things secret if you will is he's ready for a fight. i think you're going the hear him be quite vocal this week and from his team, quite vocal about once again the injust tense of him not being able to execute executive privilege

>> yes. >> and jim, this really does make eastman a key person for the house. know about him, he is someone that the house has indicated they want to talk to. >> all right, thank you so much. very important developments in the january 6th investigation and joining me now to talk about this is john dean, the former white house counsel president nixon, coawe -author. is it obvious why trump doesn't want these documents getting out? it sounds as though there's a lot of very important information in there that the public has a right to know about. >> it will certainly help in establishing what degree of culpability donald trump might have. he doesn't want things linked up, he doesn't want schedules, he doesn't want phone records. not to mention notes that have been made with con verversation with aides. i don't think he has a strong argument under the executive precedence. it's a reach for him to include that and think he's going to succeed in court. he's slowing the process down right now. >> and john, because you were involved in watergate during the nixon admini

eastman has remained a high priority for the january 6th committee which was expected to subpoena himutor and co-author of several major books including "a very stable genius" and "i alone can fix it. donald trump's catastrophic final year." this is the upside down pineapple cake to blame, but it started them. it was still on january 6th. they were sort of saying, hey, if you had done what you were supposed to do mike pence and overturn the election like we told you to, none of this rioting, protest, deadly storming of the capitol would have happened. >> you are absolutely right about that, ali, about the upside down nature and remember how beautifully you began by setting the scene. there are people pouring into windows and doors of the capitol. they are carrying weapons and calling for mike pence's head. they are calling for his execution. he is in hiding and he receives or rather i should say, his counsel who is alongside him, receives an email from the president's lawyer, john eastman saying this is you and your boss' fault for failing to let the public and i'm paraphrasing here,

john eastman. a conservative lawyer who worked with trump's legal team.d overturn the election results. eastman later brushed off his scheme outlined in a two-page memo as not being serious. but in a recent event, a woman told eastman he thought his arguments were solid. listen to how he reacts. >> when i read your memo, i thought it was solid in all of its legal arguments. >> yeah. >> i was floored that mike pence didn't do anything. why didn't he act on it? you gave him the legal reasoning to do that. >> i know. i know. and now, he's in "the atlantic" two days ago. they're already anticipating trump winning in 2024, and they're using my arguments from that memo that they said had no credibility to argue that kamala harris can block trump's electoral votes. it's like -- come on, people. >> basically everyone will say you're being proven right. >> exactly. exactly. except they're not saying that. >> but that's what they mean. >> exactly. >> all your legal reasoning is totally solid. >> yeah. yeah. there's no question. >> i mean, like, you know, supporter

that is what mattered to lee as he evaluated the eastman memo.esn't sign on to the presidents push. host: again, this is robert costa joining us. he is the co-author of peril with bob woodward. mr. costa, you also write a little bit about the relationship in your book between the former president and the former speaker of the house, paul ryan a particular over a series of events. can you recount some of those? host: he features in the -- guest: paul ryan is an interesting story as you tell the trump story, because he is in effect the leader of the republican party in congress when trump is elected in 2016. he is the speaker of the house. so much power. and he has to figure out how to deal with this new outsider president, and he sees in some ways that he is someone he can have a transactional bond with, someone who can help him to announcer: enact republican policies, at the same time he found trump odd and almost hard to connect with on a personal basis and on a political basis. and what we discovered in our reporting is that we discovered in ou

putting aside the legal case of what it means for eastman did. delay that starts from eastman and trump saying it to pence and pushing and pressuring for that. eastman stands apart than the sidney powell and rudy giuliani is that this was someone who conservative lawyers were seen as someone they respected and looked towards. that was someone that could come up with in trying to find things in the constitution of history where he thought he could rationalize it with the president. he was more able than other lawyers to help trump get to the places that trump wanted to get to. there was not anything in history unless he wanted to tear a page in jefferson davis' play book. >> this is sheer treason. if you believe that elections still matter in this country. >> kind of amazing how fox news becomes the executive search recruitment agency for the white house. >> but, mike, there is been reporting that for a period of after the election, trump seemed resigned to the notion that he had not won. he seems to accept it and rudy giuliani got into his ears,

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