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>> reporter: eastman has recently tried to distance himself from that plan, but cnn uncovered a radio interview just days before the insurrection where eastman claimed pence did have the power to throw out the electoral college votes if he had the spine. >> i think a lot of that depends on the courage and the spine of the individuals involved. >> that would be a nice way to say a guy named vice president mike pence? >> yes. >> reporter: this comes as the "washington post" published a series on the attack revealing that mark milley, the chairman of the can joint chiefs of staff suggested lockin...

Politics is a problem. so both sides need to be doing better. but right now there is only one functioning party that cares about democracy and that's the democratic party. >> well, right on. let's hope, i mean, that's your party. so talk to them, please. listen, congressman, cnn's k-file uncovering an interview from pro-trump lawyer john eastman days before the insurrection and he wanted pence to throw out the electoral college votes. >> a lot of that depends on the courage and spine of the individuals involved. >> that would be a nice way to say a guy named vice president mike pence? >> yes. ...

Eastman, just days after before the insurrection, he wanted pence to throw out the electoral college votes. listen to what he said. >> i think a lot of that depends on the courage and the spiepne the individuals involved. that would be a nice way to say a guy named vice president mike pence? >> yes. >> does that make it clearer than ever that itthis was a premeditated coup attempt? >> well, absolutely. there was -- just because someone is wearing, you know -- you know, chief brooks brothers suit doesn't mean they -- they aren't part of the insurrection. john eastman, rudy giuliani, a couple of...

Four days before if the 6th would be a climatic battle in the fight to keep trump in power shepard i think a lot of that depends on the courage and spine of the individuals involved shepard that would be a nice way to say that a guy named vice president mike pence shepard yes shepard when you add it all up and kudos to "the post" for incredibly depaid reporting about that day. 187 minutes, the president of the united states doing nothing while his inner circle was saying sir, sir, sir, 187 minutes shepard it's remarkable, but also it was remarkable at the moment. we knew a lot of contours of t...

>> are we to assume that this is going to be a climactic battle that's going to take place this week about the very question of the constitutionality of the constitutional act of 1877? >> i think a lot of that depends on the courage and the spine of the individuals involved. >> that would be a nice way to say a guy named vice president mike pence? >> yes. >> the january 6th committee now is expected to subpoena that lawyer mr. eastman by the end of this week. we're joined by former acting u.s. solicitor general neal katyal and an msnbc legal analyst. it's baroque and weird and unhinged, you kn...