Epshteyn, Boris

Fifteen months after they tried and failed to overturn the 2020 election, the same group of lawyers and associates is continuing efforts to “decertify” the vote, feeding a false narrative.A group of President Donald J. Trump’s allies and associates spent months trying to overturn the 2020 election based on his lie that he was the true winner.Now, some of the same confidants who tried and failed to invalidate the results based on a set of bogus legal theories are pushing an even wilder sequel: that by “decertifying” the 2020 vote in key states, the outcome can still be reversed.In statehouses and courtrooms across the country, as well as on right-wing news outlets, allies of Mr. Trump — including the lawyer John Eastman — are pressing for states to pass resolutions rescinding Electoral College votes for President Biden and to bring lawsuits that seek to prove baseless claims of large-scale voter fraud. Some of those allies are casting their work as a precursor to reinstating the former president.The efforts have failed to change any statewide outcomes or uncover mass election fraud. Legal experts dismiss them as preposterous, noting that there is no plausible scenario under the Constitution for returning Mr. Trump to office.But just as Mr. Eastman’s original plan to use Congress’s final count of electoral votes on Jan. 6, 2021, to overturn the election was seen as far-fetched in the run-up to the deadly Capitol riot, the continued efforts are fueling a false narrative that has resonated with Mr. Trump’s supporters and stoked their grievances. They are keeping alive the same combustible stew of conspiracy theory and misinformation that threatens to undermine faith in democracy by nurturing the lie that the election was corrupt.The efforts have fed a cottage industry of podcasts and television appearances centered around not only false claims of widespread election fraud in 2020, but the notion that the results can still be altered after the fact — and Mr. Trump returned to power, an idea that he continues to push privately as he looks toward a probable re-election run in 2024.Democrats and some Republicans have raised deep concerns about the impact of the decertification efforts. They warn of unintended consequences, including the potential to incite violence of the sort that erupted on Jan. 6, when a mob of Mr. Trump’s supporters — convinced that he could still be declared the winner of the 2020 election — stormed the Capitol. Legal experts worry that the focus on decertifying the last election could pave the way for more aggressive — and earlier — legislative intervention the next time around.“At the moment, there is no other way to say it: This is the clearest and most present danger to our democracy,” said J. Michael Luttig, a leading conservative lawyer and former appeals court judge, for whom Mr. Eastman clerked and whom President George W. Bush considered as a nominee to be the chief justice of the United States. “Trump and his supporters in Congress and in the states are preparing now to lay the groundwork to overturn the election in 2024 were Trump, or his designee, to lose the vote for the presidency.”Most of Mr. Trump’s aides would like him to stop talking about 2020 — or, if he must, to focus on changes to voting laws across the country rather than his own fate. But like he did in 2020, when many officials declined to help him upend the election results, Mr. Trump has found a group of outside allies willing to take up an outlandish argument they know he wants to see made.The efforts have been led or loudly championed by Mike Lindell, the chief executive of MyPillow; Michael T. Flynn, Mr. Trump’s first national security adviser; Stephen K. Bannon, the former White House chief strategist; and Boris Epshteyn, an aide and associate of Mr. Trump’s.Another key player has been Mr. Eastman, the right-wing lawyer who persuaded Mr. Trump shortly after the election that Vice President Mike Pence could reject certified electoral votes for Mr. Biden when he presided over the congressional count and declare Mr. Trump the victor instead.Mr. Eastman wrote a memo and Mr. Epshteyn sent an email late last year to the main legislator pushing a decertification bill in Wisconsin, laying out a legal theory to justify the action. Mr. Eastman met last month with Robin Vos, the speaker of the State Assembly, and activists working across the country, a meeting that was reported earlier by The Milwaukee Journal Sentinel.Jefferson Davis, an activist from Wisconsin, said he had asked Mr. Eastman to join the meeting after hearing about his work on behalf of Mr. Trump following the election.“If it was good enough for the president of the United States,” Mr. Davis said in an interview, “then his expertise was good enough to meet with Speaker Vos in Wisconsin on election fraud and what do we do to fix it.”Mr. Vos has maintained that the Legislature has no pathway to decertification, in line with the guidance of its own lawyers.John Eastman, left, has made clear that he has no intention of dropping his fight to show that the election was stolen.Jim Bourg/Reuters“There is no mechanism in state or federal law for the Legislature to reverse certified votes cast by the Electoral College and counted by Congress,” the lawyers wrote, adding that impeachment was the only way to remove a sitting president other than in the case of incapacity.But Mr. Eastman has made clear that he has no intention of dropping his fight to prove that the election was stolen. The House committee investigating the Jan. 6 attack has said his legal efforts to invalidate the results most likely violated the law by trying to defraud the American people. A federal judge recently agreed, calling Mr. Eastman’s actions “a coup in search of a legal theory.”Legal experts say his continued efforts could increase his criminal exposure; but if Mr. Eastman were ever to be charged with fraud, he could also point to his recent work as evidence that he truly believed the election was stolen.“There are a lot of things still percolating,” Mr. Eastman said in an interview with The New York Times last fall. He claimed that states had illegally given people the ability to cast votes in ways that should have been forbidden, corrupting the results. And he pointed to a widely debunked video from State Farm Arena in Atlanta, which he claimed showed that tabulation ballots were run through counting machines multiple times during the election.Charles Burnham, Mr. Eastman’s lawyer, said in a statement that he “was recently invited to lend his expertise to legislators and citizens in Wisconsin confronting significant evidence of election fraud and illegality. He did so in his role as a constitutional scholar and not on behalf of any client.”The fringe legal theory that Mr. Eastman and Mr. Epshteyn are promoting — which has been widely dismissed — holds that state lawmakers have the power to choose how electors are selected, and they can change them long after the Electoral College has certified votes if they find fraud and illegality sufficiently altered the outcome. The theory has surfaced in multiple states, including several that are political battlegrounds.As in Wisconsin, state legislators in Arizona drafted resolutions calling for the decertification of the 2020 election. In Georgia, a lawsuit sought to decertify the victories of the Democratic senators Jon Ossoff and Raphael Warnock. And Robert Regan, a Republican favored to win a seat in the Michigan House, has said he wants to decertify the 2020 election either through a ballot petition or the courts.Mr. Bannon, Mr. Lindell and Mr. Epshteyn have repeatedly promoted decertification at the state level on Mr. Bannon’s podcast, “War Room,” since last summer, pushing it as a steady drumbeat and at times claiming that it could lead to Mr. Trump being put back into office. They have described the so-called audit movement that began in Arizona and spread to other states as part of a larger effort to decertify electoral votes.“We are on a full, full freight train to decertify,” Mr. Epshteyn said on the program in January. “That’s what we’re going to get. Everyone knows. Everyone knows this election was stolen.”Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Debating a criminal referral. More