[20][21] According to a news report in The Washington Post on October 23, 2021, the Willard Hotel was a "command center" for the White House plot, that included Eastman, to overturn the results of the 2020 election.

[15] According to The Guardian, Eastman was part of a legal team at the Willard that Trump called the night before the January 6 attack on the Capitol and asked them to find ways to stop Biden's certification the next day.

The third section referred to "7 states" and outlined various alternatives for Pence to take to overturn Biden's election: Gregory Jacob, chief legal counsel to then-Vice President Pence, wrote a memo on December 8, 2020 to the vice-president regarding the January 6 Process for Elector Vote Count, outlining the constitutional issues at stake in the Twelfth Amendment and the Electoral Count Act of 1887.

[8] Jacob's memo accepted a key legal claim made by Eastman, that there was a precedent set by Jefferson (and possibly Adams) for a vice president to choose which electoral college votes to count.

The claim originated in a series of articles by Bruce Ackerman that then-Vice President Thomas Jefferson had in 1800 counted electoral college votes that he should not have done.

[39] The Trump administration's Attorney General William Barr rejected the legal theory presented in the Eastman memos,[40] submitting his resignation on December 14.

[41] In an interview, Barr stated that Eastman's claim that Pence could change things was "crazy," but that "there's nothing inherently wrong with naming an alternative slate of electors".

[44][45][46][47] In October 2021, serious complaints that could lead to disbarment were officially submitted against Eastman and related attorney Jeffrey Clark regarding their conduct in attempting to overturn the 2020 election.