Rep. Jim Jordan, Republican of Ohio on Capitol Hill in Washington, DC.
Saul Loeb | Pool via Reuters
Republican MP Jim Jordan conveyed a message to then White House Chief of Staff Mark Meadows arguing that Vice President Mike Pence should reject certain Electoral College votes on Jan. 6 during the confirmation of Joe Biden’s presidential win over Donald Trump.
The text, which NBC News confirmed Wednesday was broadcast from Jordan, was one of several messages to Meadows a House special committee publicly shared this week as it pursued criminal disdain for Trump’s former chief of staff.
The text was written by Joseph Schmitz, a former Pentagon inspector general and former Trump campaign aide, and passed on to Meadows by Jordan, a source told NBC News. Schmitz could not be reached immediately to comment.
The message said that on Jan. 6, Pence was due to “cast all votes which he believed to be unconstitutional as there were no votes at all,” alleging that such an act would be consistent with “judicial precedence” and “guidance from.” Founding father Alexander Hamilton “stand. “
The legally questionable argument that Pence could unilaterally invalidate or deny a state’s votes was rejected by Pence himself, despite Trump urging him to do so.
Read more about CNBC’s political coverage:
Schmitz’s argument, relayed by an incumbent member of Congress to the president’s chief adviser, reveals how Trump’s allies at all levels exchanged ideas about how the outcome of the democratic elections could be changed.
Jordan is a staunch ally of Trump who worked alongside Meadows in the conservative House Freedom Caucus. The Ohio legislature was one of dozen of Republicans in the House of Representatives who voted to challenge election results that favored Biden after the rioters were evacuated from the Capitol.
Jordan spokesmen did not immediately respond to CNBC’s request to comment on the text sent to Meadows.
The special committee is tasked with investigating the facts and causes of the deadly invasion of January 6, when hundreds of Trump supporters forcibly stormed the Capitol and forced Congress to flee their chambers. Many of the rioters were spurred on by Trump’s false claims that the 2020 elections had been “rigged” against him by widespread electoral fraud.
The House of Representatives voted Tuesday night to hold Meadows for disregarding Congress for defying the summons of the selected panel to request dismissal. The committee says Meadows created thousands of pages of records and agreed to answer questions before abruptly pulling back. Meadows has sued the selected panel for invalidating two of his subpoenas, arguing, in part, that Trump exercised executive privilege over his testimony.
The committee this week revealed some of Meadows’ records, including texts he received from Jordan and other lawmakers. They also shared messages sent to Meadows by Donald Trump Jr. and several pro-Trump Fox News presenters, who panicked over the Capitol uprising as it unfolded.
“He must condemn this s — as soon as possible. The Capitol Police’s tweet is not enough, ”Trump Jr. wrote to Meadows on Jan. 6, said Liz Cheney, R-Wyo., Vice chair of the special committee, during a meeting Monday night.
Rep. Adam Schiff, D-Calif., Read part of Jordan’s message to Meadows at the meeting without naming Jordan as the sender.
“On January 6, 2021, Vice President Mike Pence, as President of the Senate, was supposed to call all votes that he deems unconstitutional because there were no votes at all,” reads the text, which was sent to Meadows by a person who only described Schiff as “Legislator”.
An accompanying graphic displayed this quote as a full sentence. Jordan’s office argued to NBC that Schiff misrepresented the message because it omitted some of the language Jordan sent to Meadows.
A select committee spokesman told CNBC that the graphic “accidentally” added a period to the end of the quote Schiff read during the meeting. “The special committee is responsible for the mistake and regrets the mistake,” said the spokesman.
The spokesman sent the full text messaging record “in the interests of transparency” to CNBC.
It states: “On January 6, 2021, Vice President Mike Pence, as President of the Senate, should call all votes that he deems to be unconstitutional, as there are no votes at all – according to the instructions of Founding Father Alexander Hamilton and ‘No legislative act,’ wrote Alexander Hamilton in Federalist No. 78, ‘may be valid against the Constitution.’ The Hubbard v. Lowe affirmed this truth: “That an unconstitutional law is not a law at all is no longer up for discussion.” 226 F. 135, 137 (SDNY 1915), appeal dismissed, 242 US 654 (1916). Because of this, an unconstitutional elector, like an unconstitutional law, is not a voter at all. “