According to a deposition from a former White House lawyer, Rudy Giuliani acknowledged in a private phone call just hours before the January 6 riot that Vice President Mike Pence did not have the legal authority to stop the certification of the 2020 election.

Rudy Giuliani Holds News Conference in Washington About Voter Fraud

Rudy Giuliani is speaking during a news conference.

The Washington Post via Getty Images

The morning of January 6th, Herschmann said Giuliani called him out of the blue and asked for his opinion on the plan to block the certification of President Joe Biden.

When Herschmann told Giuliani that he didn't have the power to intervene in the certification, he replied that he was probably right.

At the rally at the Ellipse, Giuliani claimed that it was perfectly legal for the vice president to intervene.

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The effort to overturn the election results was strongly resisted by Herschmann and other Trump White House lawyers. The hearing focused on Trump's failed attempt to get Pence to block the certification of Biden's victory.

You are going to tell 78 million people that you are going to invalidate their votes. Do you believe the election was stolen? Herschmann told him. There will be riots in the streets.