A retired federal judge told the House January 6 Committee that former Vice President Mike Pence had no legal authority to stop Congress from certifying the 2020 presidential election.

J. Michael Luttig House January 6 committee hearing

A former U.S. Court of Appeals judge is about to take the oath of office.

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After the vice president's team reached out to Luttig in the lead-up to January 6 for his opinion on the legality of challenging the vote count, he gave testimony to the House January 6 committee.

In his letter explaining why he would allow Congress to approve the election results, Pence cited the legal analysis of Luttig, who said that he had no legal basis to block Congress from formalizing Biden's win.

President George H.W. Bush appointed him to the Court of Appeals in 1991.

During George H.W. Bush's presidency, Luttig was an assistant counsel at the White House and also worked at the Justice Department.

He was a clerk and special assistant to the Chief Justice of the Supreme Court, Warren Burger, who was appointed by Richard Nixon.

After leaving the Fourth Circuit, he held roles at Boeing and Coca-Cola.

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The declaration of Donald Trump as the next president would have plunged America into a constitutional crisis, which in my opinion would have been the first of its kind in American history.

Surprising Fact

Ted Cruz describes the judge he worked for as a father to him. John Eastman is a Trump attorney who helped Trump try to overturn the 2020 election results. Attempts to legally justify overturn the election were vociferously objected to by Luttig.

Key Background

Lawmakers argued that Trump had the power to overturn the election results even though he knew he had no authority to do so. Trump was told multiple times that he couldn't legally challenge the vote count, but he continued to push the plan anyway, leading to his supporters storming the Capitol building and threatening violence against the vice president. There was no legal justification for the Trump campaign to push the "fake electors" scheme, in which Republicans submitted alternate slates of electors to Congress. The third of at least seven public hearings held by the January 6 committee details how Trump oversaw and coordinated a plan to overturn the election that culminated with the January 6 attack on the Capitol building.

The Republican who Advised the Vice President will testify that Trump had a well-developed plan to overturn the election.

The staffer says that the vice president told Trump that he couldn't overturn the election results.

John Eastman is a person. The attorney is at the center of the strategy. There is a magazine called "Forbes."