John Eastman, a lawyer working for former President Donald Trump‘s legal team, said in a radio show interview that former Vice President Mike Pence had the power to throw the 2020 presidential election to the House of Representatives.

On a radio show hosted by former Trump adviser Steve Bannon on Jan, 2, four days before the Jan, 6, insurrection, Eastman said that if Pence had the “courage and spine” he would overturn the election results. The Jan. 6 committee has said it will subpoena Eastman if he does not cooperate.

In a controversial memo, Eastman said that Pence could overthrow the election by disregarding several states’ electoral college votes – ensuring that neither candidate would get the required 270 votes.

The election would then be turned over to the U.S. House where the GOP had 26 state delegations under its control which would have made Trump the winner. In an interview with CNN, Eastman said he could not recall what he meant by the Vice President’s power being “very compelling.” He said believed the vice president could delay the election but throwing it to the House was the weaker choice.

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