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That one person would have that kind of authority. >> did vice president ever waver his position that he could not delay certification and send it back to the states? >> no, he did not. >> doctor eastman admit in front of the president, that it proposal would violate the electoral count act? >> so, during that meeting on the fourth i think i raised the problem, that both of mr. eastman's proposals would violate several provisions of the electoral count act. mr. eastman acknowledged that that was the case. that even what he viewed as the more political palatable option would violate several pro...

Third and declared him to be a tyrant, there is no way that they would've broke in the hands of one person the authority to determine who was going to be president of the united states. and then we went to history. we examined every single electoral vote. that is happening congress since the beginning of the country. we examines the electoral count act. we examine the practice under the electoral count act. and critically, no vice president in 230 years of history had ever claimed to have that kind of authority. an acclaimed authority to reject electoral votes, and not claimed authority to ret...

Conversation with the vice president about the 12th amendment in the electoral count act was in early december, around december 7th. the vice president called me over to his west wing office and told me that he had been seeing in reading things that suggested that he had a significant role to play on a january 6th. in announcing the outcome of the election. he told me that he had been first elected to congress in 2000, and that one of his earliest memories as a congressman was sitting in on the 2001 certification, and he recalled that al gore has gathered down a number of a dutch objections th...

Understand. >> judge luttig, another risk oversimplifying for the non lawyers who are watching, is it feel fair to say that the 12th amendment basically says that two things happen, the vice president opens the certificate, and the electoral votes are counted, is that straightforward? >> i would not want that to be my testimony before the congress of the united states. the language of the tournament is that sentiment. >> thank you, judge. mr., jacob i have a question for you. i believe that during your deposition before this committee, you said something to the effect of, you read every word w...

United states in joint session. it then says unmistakably not even that the vice president himself shall count the electoral votes. it clearly says merely that the electoral count votes shall then be counted. it was the electoral count act of 1887 that filled in, if you will, the simple words of the