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Electoral count act of 1877? >> i think a lot of that depends on the courage and spine of the individuals involved. >> when you said the courage and spine, are you talking on the other side of the football? that would be a nice way to say a guy named vice president mike pence? >> yes. >> that is a more direct statement from eastman than what we had known before about what he wanted pence to do, and we also have learned in the past few days reporting from the "washington post" where e-mails, john eastman had sent to mike pence's lawyer saying that siege is because you and your boss did not do w...

New contingency after a radio interview with former president trump campaign attorney john eastman has resurfaced, telling steve bannon days before the january 6th attack that then vice president mike pence had the power to overthrow the election if he had the courage and the spine to do it. >> are we to assume this is going to be a climactic battle that will take place this week about the very question of the constitutionality of the act of 1877. >> i think a lot of that depends on the courage and the spine of individuals involved. >> when you said to the courage and spine, judge gomer from t...

>> are we to assume that this is going to be a climatic battle that's going to take place this week about the very question of the constitutional right of the electoral count act of 1877? >> i think a lot of that depends on the courage and the spine of the individuals involved. >> are you talking on the other side of the football. >> reporter: that would be a nice way to say a guy named vice president mike pence? >> yes. >> all right. so what else do we know about the words from this former attorney eastman? >> john eastman was an attorney that was advising trump up to january 6th and put toge...

The memo on how the president could throw out state election votes. he has now said the plan wasn't viable. but that's not what he said on bannon's podcast before january 6th. cnn's k file unit dug up the audio. >> are we to assume that this is going to be a climactic battle that's going to take place this week at the very question of the constitutionality? >> i think a lot of that depends on the courage and the spine of the individuals involved. >> when you said the courage and spine, are you talking on the other side of the football, would you be, that would be a nice way to say a guy named,...

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