Chair and Honorable Rep.

Thompon
and the Select Committee to Investigate
the January 6th Attack on the U.S. Capitol
Longworth House Office Building
Washington, DC 20515

April 19, 2022

Dear Chair and Honorable Rep.Thompson and Members of the Select Committee,

The Colorado Ethics Institute (CEI) ​is a nonprofit working to​ensure public officials comply with
ethics codes, transparency rules, and their oaths of office. CEI is also committed to protecting
the democratic process through transparency around elections and election administration.

As part of that work we filed Colorado Open Records Act (CORA) requests for documentation of
John Eastman’s expenses and reimbursements1 as well as certain email communications2 while
employed by the University of Colorado-Boulder’s Benson Center for the Study of Western
Civilization from August of 2020 until May of 2021.

Eastman’s employment at CU-Boulder during the critical months of the 2020 election made him
a person of interest in Colorado, but the public conversation around his involvement with the
Trump campaign seems to revolve mostly around his faculty position with Chapman University.
It appears from Eastman’s Dec. 2021 deposition that you are aware of his “Gmail” and
“Chapman University” email accounts (p. 10, lines 20-23), but you may not be aware that he
used a University of Colorado email account to communicate about the 2020 election as well.

Attached you will find:

● More than a dozen documents containing email communications between Eastman and
state Rep. Russ Diamond, R-Pa., in which Eastman offers edits to legislative resolutions,
reviews communications, and suggests tactics Pennsylvania lawmakers could take to
seat an alternate set of electors. [CU-CORA-001067, CU-CORA-001073,
CU-CORA-001075, CU-CORA-001079, CU-CORA-001082, CU-CORA-001086,
CU-CORA-001102, CU-CORA-001106, CU-CORA-001498, CU-CORA-001506,
CU-CORA-001508, CU-CORA-001835, CU-CORA-001841]
● An email in which Rep. Diamond introduces Republican House Majority Leader Kerry
Benninghoff to Eastman with the following: "Kerry, Dr. Eastman is responsible for

1
”Records of all expenditures by and reimbursements to Eastman from Jan. 28, 2020 to present.”
2
Emails sent or received by john.eastman@cu.edu between 11/01/2020 and 1/31/2021 that include any of the
following: “Philadelphia,” OR "Penn," OR "January 6," OR "scenario," OR "Pence" OR "Trump," OR "Elect*” OR
"Rudy" OR "Powell" OR "Bruce Marks" OR "Four Seasons" OR "Willard".
 opening my eyes to our ability to exercise our plenary authority to decertify
presidential electors (without ANY ‘evidence’ of retail ‘voter fraud’) …”
[CU-CORA-002328]
● A record in which the stated purpose for a November 2020 Philadelphia trip was for
Eastman to participate in "The American National Character (ANC) Project” symposium
put on by the Benson Center and the Ryan Foundation. [CU-CORA-000908] (Asked in
his Dec. 9 deposition if he traveled to “Philadelphia in connection with your participation
in a panel on federalism and separation of powers at the Federalist Society National
Lawyers Conference that took place in November 2020?” Eastman pleaded the Fifth [It
should be noted that the conference, according to its website, was held virtually.])
● A spreadsheet from CU-Boulder showing Eastman requested nearly $500 in
reimbursements for the November 2020 Philadelphia trip. [pages 8-10 of the attached]
● A reimbursement request, later rejected by CU-Boulder, for in-flight Wi-Fi for the
November 2020 Philadelphia trip. Eastman’s expressed business purpose for the
request: “I do a lot of media, particularly following the election the day before the trip. So
I need access to my email and to other internet-based resources even while traveling.
…” [CU-CORA-000908 and CU-CORA-001198]
● A Dec. 3 email in which Eastman says he “got called yesterday to provide testimony this
afternoon before the Georgia Senate Subcommittee on the Election…” It is not clear who
called and asked him to testify [CU-CORA-001030]
● A Dec. 9, email from Eastman (using his Chapman account) to Benson Center Director
Dan Jacobson in which he advises: “President Trump asked me to represent him in filing
a motion to intervene in the pending litigation at the Supreme Court. Nothing on the
pleading mentions Univ. of Colorado, but I wanted to give you a heads up anyway. It was
just filed a few moments ago.” [CU-CORA-001286]
● Dec. 2020 emails in which, citing Eastman’s work for Trump, he and Benson Center
Director Dan Jacobson were asked whether they were aware of CU-Boulder’s “‘1/6th
rule’ in terms of consulting while holding a position at CU.” [CU-CORA-001336,
CU-CORA-001950, CU-CORA-001952]
● Jan. 2021 emails in which Eastman, former CU Regent Steve Bosley, and Earl L. Wright,
Chairman of the Board of Directors of AMG National Trust Bank and a board member of
the Colorado-based Common Sense Institute, arrange a zoom call to discuss “Hillary,
Bribes and election steeling” (sic) forwarded by former Overstock CEO Patrick M. Byrne.
[CU-CORA-002755 and CU-CORA-002795]
● A Jan. 2019 letter to Eastman [491742206-Eastman-offer-letter, pages 4-7 of the
attached] confirming dates of employment at CU-Boulder as an at-will employee;
advising he will be issued a university computer; and informing him of laws that
employees “must affirm in writing that they will support the constitutions of the United
States and of Colorado.”
● An email in which Eastman is asked by CU alum and Steamboat Institute emerging
leader Carter Mateer about his claim of receiving “a grant to pursue post election
litigation.” [CU-CORA-000007]

Colorado Ethics Institute I PO Box 100741, Denver, CO, 80250 I coloradoethicsinstitute.org

The scope of records we’ve come across to date is limited, as the reimbursements for
Eastman’s Philadelphia trip prompted a narrowly focused CORA request that produced the
documents included in this communication. An Oct. 2, 2021, article in the New York Times
indicated Eastman’s work in Philadelphia was not solely reserved for the symposium.

Mr. Eastman’s role in Mr. Trump’s efforts to remain in power began the weekend after
the election in Philadelphia, where Mr. Eastman had traveled for an academic
conference. At a nearby hotel, Mr. Trump’s closest aides, including Corey Lewandowski,
were putting together a legal brief to challenge the results in Pennsylvania. …

Now, confronting election results that showed Mr. Trump lost, one of Mr. Trump’s aides
reached out to Mr. Eastman to see whether he could come over to the hotel to help Mr.
Trump’s team.

Mr. Eastman said he was only in the room for 15 minutes before being ushered out —
but it was long enough, he said, for him to catch Covid-19 there, and he became ill for
several weeks. By the time he felt better, it was the beginning of December — when Mr.
Trump called to see whether Mr. Eastman could help bring legal action directly before
the Supreme Court. In the days that followed, Mr. Eastman filed two briefs with the
Supreme Court on Mr. Trump’s behalf, but those efforts quickly failed.

As you know, a federal judge earlier this year declared efforts to overturn the election by
Eastman and Trump as, “a coup in search of a legal theory.” Greg Jacobs, former chief counsel
to Vice President Mike Pence, has said that Eastman admitted that his plan wouldn’t stand up to
scrutiny by the Supreme Court and would likely lose 9-0 (Jan. 2021 deposition of Jacobs, p.110,
Lines 13-25). And yet, to this day Eastman seems unmoved. In March, he urged Wisconsin
lawmakers to decertify Joe Biden’s victory (ABC News, April 11, 2022), and his efforts to shield
37,000 pages of emails sent using the Chapman University account (Politico, April 18, 2022) are
ongoing.

To the best of my knowledge, these communications from Eastman’s CU-Boulder email account
have not been previously disclosed to the Select Committee. In order to compile the most
complete record of his activities possible, you would be well-advised to thoroughly review the
attached, to request and review all communications sent to and from Eastman during his tenure
at CU-Boulder, and to review the contents of his university-issued computer.

Please feel free to contact me at curtis@coloradoethicsinstitute.org if you have questions.

Sincerely,

Curtis Hubbard
Colorado Ethics Institute

Colorado Ethics Institute I PO Box 100741, Denver, CO, 80250 I coloradoethicsinstitute.org

Employee Division Employee Report Name Sent for Payment Date
Boulder Eastman, John CharlesEastman CWCV September 2020 Oct 5, 2020 12:00:00 AM
Boulder Eastman, John CharlesEastman MCH March 2021 ###############
Boulder Eastman, John CharlesEastman Philadelphia Nov 2020 Dec 8, 2020 12:00:00 AM
Boulder Eastman, John CharlesEastman Philadelphia Nov 2020 Dec 8, 2020 12:00:00 AM
Boulder Eastman, John CharlesEastman Philadelphia Nov 2020 Dec 8, 2020 12:00:00 AM
Boulder Eastman, John CharlesEastman Philadelphia Nov 2020 1-Dec-20
Expense Type Account CodePayment Type Merchant
Peripherals < $5000 (501400) 501400 Cash / Out of Pocket
Registration Fees-Conference/Event (553000) 553000 Cash / Out of Pocket
Fixed Meals 700200 Cash / Out of Pocket
Personal Travel Allowance (enter negative amount)700200 Cash / Out of Pocket
Transportation 700200 Cash / Out of Pocket
Internet Airfare Reimbursement Cash / Out of Pocket
Merchant City/LocationEntry Approved Amount
108.83
65
98.5
-4.75
152.61
246.36
Message
From: Carter Mateer
Sent: 11/2/2020 6:26:16 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Thank you again and election litigation

Dear John,

Thank you again for having Paula and I over at your house on Friday. We really enjoyed spending time with
you all. I remember you mentioned that night about having a grant to pursue post election litigation.

I'm interested in learning more and see if there is any way I could support your efforts. How can I help?

Best,

Carter Mateer

CU-CORA-000007
Message
From: John Eastman [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=192D43D8DB2949C9ADFA27C5CBFD02A1-JOEA4895]
Sent: 12/1/2020 1:19:40 PM
To: Lily T Welch [lily.welch@colorado.edu]
Subject: RE: Eastman travel reimbursement

I do a lot of media, particularly following the election the day before the trip. So I need access to my email
and to other internet-based resources even while traveling.

From: Lily T Welch <lily.welch@colorado.edu>

Sent: Tuesday, December 1, 2020 1:15 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: FW: Eastman travel reimbursement

Hi John,

Can you please send a quick statement on why internet was needed for both flights? It doesn't have to be
complicated. Thank you.

Lily Welch
Program Manager
Benson Center for the Study of Western Civilization
University of Colorado Boulder
Boulder, Colorado 80309
T 303 492-0330
lily.welch(dlrnlmado.edu

From: Hannah Flatten <Hannah,Flatten@Colorado.EDU>

Date: Tuesday, December 1, 2020 at 1:13 PM
To: Lily Welch <lily.welch@colorado.edu>
Subject: RE: Eastman travel reimbursement

Hi Lily,

Can you get a statement from Dr. Eastman as to why internet access was needed on both flights/how it pertained to
University business?

Thanks,
Hannah

From: Lily T Welch <lily.wekh(pJcolorado.edu>

Sent: Monday, November 30, 2020 1:45 PM
To: Hannah Flatten <l·fannah.Flatten(rvColorado.EDU>
Subject: Eastman travel reimbursement

CU-CORA-000908
Hi Hannah,

Attached please find a travel reimbursement form and receipts for John Eastman. He and Elizabeth traveled for a
conference earlier this month after receiving the necessary approvals in Concur.

The full business purpose is below.

The conference is part of a multi-year endeavor called "The American National Character (ANC) Project." The first phase
of this important work, launched in Philadelphia in 2017 in a colloquium focused on investigating the sources of
fragmentation among the American people and seeking to articulate the principles and practices that can reunite them
as one people. The project originated from a historical foundation in George Washington's repeated observation at the
Founding that "we have a national character to develop."
Among other efforts, Dr. Allen and 2019-20 Benson Center Visiting Scholar in Conservative Thought and Policy Dr.
Colleen Sheehan spearheaded a Benson Center--Ryan Foundation collaboration in 2019-20 to engage nationally
recognized participants (among them, Diana Schaub, Robert Zimmer, Stephen Cam bone, Danielle Allen) to deliver a
series of well-regarded free, public lectures and faculty seminars on the CU Boulder campus.
The Fall 2020 conference in Philadelphia is the culmination of the ANC project.

Thank you.

Lily Welch
Program Manager
Benson Center for the Study of Western Civilization
University of Colorado Boulder
Boulder, Colorado 80309
T 303 492-0330
lilv,welch(wcolorado,edu

CU-CORA-000909
Message
From: John Eastman [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=192D43D8DB2949C9ADFA27C5CBFD02A1-JOEA4895]
Sent: 12/3/2020 9:13:56 PM
To: Daniel Jacobson [Daniel.Jacobson@colorado.edu]
Subject: RE: Testimony in Georgia today

Here's the link to my testimony. Begins at 4:54:00

https://livestream.com/accounts/26021522/events/8730585/videos/214364915

John

From: Daniel Jacobson <Daniel.Jacobson@colorado.edu>

Sent: Thursday, December 3, 2020 1:23 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Re: Testimony in Georgia today

No apologies necessary. Good luck with the committee, I hope it goes well.

- D.

On Dec 3, 2020, at 12:54 PM, John Eastman <John.Eastman@colorado.edu> wrote:

Thank you. And apologies in advance for what I expect may be a lot of incoming. But these
issues are too important, and my expertise on the particular questions too well know, for me to
take a pass.

John

From: Daniel Jacobson <Daniel.Jacobson@colorado.edu>

Sent: Thursday, December 3, 2020 10:46 AM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Re: Testimony in Georgia today

Thanks for keeping me posted, John - but that is your current position, you are in good standing, and
you should be able to use it. Your opinions are your own, of course, but that is stated explicitly. (Which
shouldn't be necessary but is a good precaution to take these days.)

Best,
Dan

On Dec 3, 2020, at 12:15 PM, John Eastman <John.Eastman@colorado.edu> wrote:

Dan,

CU-CORA-001030
I got called yesterday to provide testimony this afternoon before the Georgia
Senate Subcommittee on the Election, given my expertise on the
subject. (Similar to testimony I provided before the Florida Legislature back in
2000).

I normally include my institutional affiliations (with an appropriate disclaimer} on

my testimony. Given the sensitivity of all things Eastman this year, I thought I
would run it by you to get your thoughts.

Below is what the cover page would look like.

Let me know your thoughts as soon as possible, as I believe I am scheduled to go

on about 2 pm Mountain time.

John

The Constitutional Authority of State Legislatures To Choose Electors

Testimony of
Dr. John C. Eastmanill
Henry Salvatori Professor of Law & Community Service and former Dean
Chapman University's Dale E. Fowler School of Law
2020-21 Visiting Scholar of Conservative Thought and Policy
The Benson Center for the Study of Western Civilization
University of Colorado Boulder
Founding Director, The Claremont Institute's
Center for Constitutional Jurisprudence

before the
Georgia Senate Judiciary Committee
Subcommittee on State Elections Processes

Hearing to Assess Elections Improprieties and to Evaluate the Election Process

to Ensure the Integrity of Georgia's Voting System.

December 3, 2020

m Dr. Eastman has an M.A. and Ph.D. in Government from the Claremont
Graduate School, a J.D. from the University of Chicago Law School, and a B.A.
in Politics and Economics from the University of Dallas. Institutional affiliations
listed for identification purposes only. The views presented by Dr. Eastman are
his own, and do not necessarily reflect the views of the Institutions with which he
is affiliated.

CU-CORA-001031
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/4/2020 6:13:49 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Your Georgia testimony

Professor Eastman-

I found your testimony before the Georgia Senate to be compelling. Here in Pennsylvania, numerous other
frustrated colleagues and I are searching for legislative solutions to our current national predicament.

Forgive me, as I am not an attorney, but my takeaway from your testimony was the following. Please
review and let me know if it is an accurate assessment of what you said during your presentation and the
Q & A portion.

Because the US Constitution vests the authority to create election law in the state legislatures, and because
Pennsylvania's judicial and executive branches issued decisions and guidance which contravene the election
law the Pennsylvania state legislature created, resulting in an unlawful election, the state legislature can exercise
its plenary authority to appoint presidential electors, regardless of restraints existing within Pennsylvania's
constitution and statutes, because of the supremacy clause of the US Constitution and because the act of
appointing presidential electors is a function of the US Constitution.

I am working on a legislative instrument based on this premise, after reading through McPherson v. Blacker.
If make takeaway is inaccurate or not precise enough, I would greatly appreciate your input.

Further, it was my understanding that you stated that the FL legislature during Bush v. Gore in 2000 was
based on matching simple resolutions in the FL House and Senate, as opposed to a joint resolution or a
concurrent resolution. Is that accurate?

Thank you so very much for your time and consideration. I can be reached at 717.383.3025 if you believe
a verbal discussion would be better suited to review these questions I have.

Respectfully,

Representative Russ Diamond

102nd Legislative District

rdiamond@pahousegop.com
www. Rep Diamond .com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. If you received this information in error, please contact the sender and delete the message and material from all computers.

CU-CORA-001067
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/4/2020 7:51:53 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Re: Your Georgia testimony
Attachments: Plenary Authority Resolution.docx

Thank you so much, sir!

Attached is a resolution I drafted to reflect that premise. If you would kindly review and provide constructive
criticism, it would be greatly appreciated as I am not formally schooled in the law.

RD

From: John Eastman <John.Eastman@colorado.edu>

Sent: Friday, December 4, 2020 9:22:09 PM
To: Russ Diamond <rdiamond@pahousegop.com>
Subject: RE: Your Georgia testimony

You're summary is spot on.

I have not been able to locate the old resolutions from Florida, which I helped draft. But here's a NY Times
article about them. https://www.nytlmes.com/2000/12/12/us/contesting-vote-leglslature-commlttees-
approve-resolutlons-allowlng-florlda.html

It appears that they were done as a joint resolution-Le., a legislative resolution requiring approval by each
house of the legislature but not the signature of the Governor. I believe that is consistent with the plenary
authority provided by Article 11, and also consistent with the role the legislature plays (alone, without the
governor) in deciding whether or not to ratify a U.S. Constitutional amendment.

What happened in Florida is that both the House and Senate had drafted identical resolutions, and those had
passed out of committee on a party-line vote. Floor votes in both chambers were scheduled for the Tuesday
and Wednesday following, but the Supreme Court's decision in Bush v. Gore mooted the issue.

Hope that helps. Feel free to send any follow-up questions you have, or call me at 714-943-9983.

John

P.S. I do not think the letter to members of your state congressional delegation was helpful. Our side can
object to the slate of electors all they want. An objection, signed in writing by at least 1 member of the House
and 1 member of the Senate, results in the two houses breaking into their separate chambers to resolve the
objection. ONLY IF both houses then agree to the objection is the slate deemed invalid. If the House doesn't
agree to the objection, as is almost certain (the vote here being by majority rather than by state), then the
objection is not sustained and the slate is counted. See 3 U.S.C. § 15. So don't let your colleagues rest on that
letter.

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Friday, December 4, 2020 6:14 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Your Georgia testimony

CU-CORA-001073
Professor Eastman-

I found your testimony before the Georgia Senate to be compelling. Here in Pennsylvania, numerous other
frustrated colleagues and I are searching for legislative solutions to our current national predicament.

Forgive me, as I am not an attorney, but my takeaway from your testimony was the following. Please
review and let me know if it is an accurate assessment of what you said during your presentation and the
Q & A portion.

Because the US Constitution vests the authority to create election law in the state legislatures, and because
Pennsylvania's judicial and executive branches issued decisions and guidance which contravene the election
law the Pennsylvania state legislature created, resulting in an unlawful election, the state legislature can exercise
its plenary authority to appoint presidential electors, regardless of restraints existing within Pennsylvania's
constitution and statutes, because of the supremacy clause of the US Constitution and because the act of
appointing presidential electors is a function of the US Constitution.

I am working on a legislative instrument based on this premise, after reading through McPherson v. Blacker.
If make takeaway is inaccurate or not precise enough, I would greatly appreciate your input.

Further, it was my understanding that you stated that the FL legislature during Bush v. Gore in 2000 was
based on matching simple resolutions in the FL House and Senate, as opposed to a joint resolution or a
concurrent resolution. Is that accurate?

Thank you so very much for your time and consideration. I can be reached at 717.383.3025 if you believe
a verbal discussion would be better suited to review these questions I have.

Respectfully,

Representative Russ Diamond

102nd Legislative District

rdiamond(a)pahousegop.com
'Nww. Rep Diamond .com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. Ifyou received this information in error, please contact the sender and delete the message and material from all computers.

77w information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. Ifyou received this information in error, please contact the sender and delete the message and material from all computers.

CU-CORA-00107 4
A RESOLUTION

Declaring and affirming plenary authority in appointing presidential electors.

WHEREAS, Article I, Section 4, Clause 1 of the United States Constitution empowers state legislatures,
including the General Assembly of the Commonwealth of Pennsylvania, to prescribe the "Times, Places,
and Manner" of conducting elections; and

WHEREAS, Article 11, Section 1, Clause 2 of the United States Constitution empowers state legislatures,
including the General Assembly of the Commonwealth of Pennsylvania, to direct the manner of
appointing electors for President and Vice President of the United States; and

WHEREAS, the General Assembly of the Commonwealth of Pennsylvania has exercised its authority to
establish election administration procedures for the Commonwealth, known as the Pennsylvania
Election Code; and

WHEREAS, the Pennsylvania Election Code requires all mail-in ballots to be received by eight o'clock
P.M. on the day of the election; and

WHEREAS, the Pennsylvania Election Code requires election officials at polling places to authenticate the
signatures of in-person voters; and

WHEREAS, the Pennsylvania Election Code requires that county boards of elections shall not meet to
conduct a pre-canvass of all absentee and mail-in ballots until seven o'clock A.M. on Election Day, during
which time defects on mail-in ballots would be identified; and

WHEREAS, the Pennsylvania Election Code prohibits the counting of defective absentee or mail-in
ballots; and

WHEREAS, the Pennsylvania Election Code authorizes "watchers," selected by candidates and political
parties, to observe the process of canvassing absentee and mail-in ballots; and

CU-CORA-001075
WHEREAS, the Commonwealth conducted an election on November 3, 2020 for federal offices, including
selecting electors for President and Vice President of the United States; and

WHEREAS, on September 17, 2020, less than seven weeks before the November 3, 2020 election, the
Supreme Court of the Commonwealth of Pennsylvania unlawfully and unilaterally extended the deadline
for mail-in ballots to be received, mandated that ballots mailed without a postmark would be presumed
to be received timely, and could be accepted without a verified voter signature; and

WHEREAS, on October 23, 2020, less than two weeks before the November 3, 2020 election and upon a
petition from the Secretary of the Commonwealth, the Supreme Court of the Commonwealth of
Pennsylvania ruled that county Boards of Election need not authenticate signatures for mail-in ballots,
thereby treating in-person and mail-in voters dissimilarly and eliminating a critical safeguard against
potential election crime; and

WHEREAS, on November 2, 2020, the night before the November 3, 2020 election and prior to the
prescribed time for pre-canvassing mail-in ballots, the office of the Secretary of the Commonwealth
encouraged certain counties to notify party and candidate representatives of mail-in voters whose
ballots contained defects; and

WHEREAS, heavily Democrat counties permitted mail-in voters to cure ballot defects while heavily
Republican counties followed the law and invalidated defective ballots; and

WHEREAS, in certain counties in the Commonwealth, watchers were not permitted to meaningfully
observe the pre-canvassing and canvassing activities relating to absentee and mail-in ballots; and

WHEREAS, officials in the Executive and Judicial branches of the Commonwealth infringed upon the
General Assembly's authority under the United States Constitution by issuing decisions and providing
guidance which contravened, frustrated and substantially modified the express provisions of the
Pennsylvania Election Code; and

WHEREAS, election officials in certain counties of the Commonwealth acted upon the unlawful decisions
and guidance of the Executive and Judicial branches of the Commonwealth; and

WHEREAS, election officials in certain counties of the Commonwealth took further actions in
contravention of the Pennsylvania Election Code; and

CU-CORA-001076
WHEREAS, in McPherson v. Blacker 146 U.S. 1 (1892), the Supreme Court of United States examined
Article 11, Section 1, Clause 2 of the United States Constitution and held "that from the formation of the
government until now the practical construction of the clause has conceded plenary power to the state
legislatures in the matter of the appointment of electors;" and

WHEREAS, in McPherson v. Blacker the Supreme Court of United States also held "that from the
formation of the government until now the practical construction of the clause has conceded plenary
power to the state legislatures in the matter of the appointment of electors;" and

WHEREAS, in McPherson v. Blacker the Supreme Court of United States further held that "The
appointment of these electors is thus placed absolutely and wholly with the legislatures of the several
States. They may be chosen by the legislature, or the legislature may provide that they shall be elected
by the people of the State at large, or in districts, as are members of Congress, which was the case
formerly in many States; and it is, no doubt, competent for the legislature to authorize the governor, or
the Supreme Court of the State, or any other agent of its will, to appoint these electors. This power is
conferred upon the legislatures of the States by the Constitution of the United States, and cannot be
taken from them or modified by their State constitutions any more than can their power to elect
Senators of the United States. Whatever provisions may be made by statute, or by the state
constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume
the power at any time, for it can neither be taken away nor abdicated. (Senate Rep. 1st Sess. 43 Cong.
No. 395)"; and

WHEREAS, Article VI, Section 2, Clause 2 of the United States Constitution states "This Constitution, and
the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the
Contrary notwithstanding;"

WHEREAS, 3 U.S.C. §2. states "Whenever any State has held an election for the purpose of choosing
electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed
on a subsequent day in such a manner as the legislature of such State may direct;" and

THEREFORE, be it RESOLVED that the Pennsylvania General Assembly -

1. Declares the aforementioned to be findings of fact; and

2. Condemns all unlawful infringement on the General Assembly's authority pursuant to the United
States Constitution to regulate the "Times, Places, and Manner" of conducting elections; and

CU-CORA-001077
3. Declares the November 3, 2020 election of presidential electors to be unlawful, and the results
thereof null and void; and

4. Declares that the Commonwealth of Pennsylvania has failed to make a choice on the day prescribed
by law; and

5. Declares its intent to exercise plenary authority in appointing presidential electors as provided by
Article 11, Section 1, Clause 2 of the United States Constitution ; and

6. Declares the right to pursue the aforementioned under the authority and protection of Article VI,
Section 2, Clause 2 of the United States.

CU-CORA-001078
Message
From: John Eastman [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=192D43D8DB2949C9ADFA27C5CBFD02A1-JOEA4895]
Sent: 12/4/2020 9:25:56 PM
To: Russ Diamond [rdiamond@pahousegop.com]
Subject: RE: Your Georgia testimony
Attachments: Plenary Authority Resolution - JCE.docx

Nice job. I've made a few suggestions in the attached redline.

One big question, though. Do you want to only go half way, and require another resolution to actual choose a
slate of electors? Or should you do it all in one resolution? I don't know the dynamic of your Legislature, so
can't answer that. But my intuition is that it would be better to do what you need to do in one fell swoop.

I did not watch the hearings that were held, but I suspect they contained ample evidence of sufficient
anomalies and illegal votes to have turned the election from Trump to Biden. If that is the case, you could add
another section of factual findings based on the evidence presented at that hearing, and then adopt a
resolution that has the Legislature simply affirming what appears to have been the result of the popular vote
untainted by the illegal votes.

For example, depending on how many ballots were counted that were received after the statutory deadline
(say 10,000 for example's purpose), those 10,000 votes need to be discarded, and you can take the absentee
ballot ratio for each candidate in the counties were late-received ballots were illegally counted and deduct the
pro-rated amount from each candidate's total.

For the signature verification violation (and perhaps the banning of observers), you could take the difference
between the 4% historical rejection rate and the .34% rejection rate done under the illegal procedures, and
similarly discount each candidates' totals by a prorated amount based on the absentee percentage those
candidates otherwise received.

Then, having done that math, you'd be left with a significant Trump lead that would bolster the argument for
the Legislature adopting a slate of Trump electors - perfectly within your authority to do anyway, but now
bolstered by the untainted popular vote. That would help provide some cover.

I would also include after paragraph 3 a specific legislative determination that the slate of electors certified by
the governor under the illegally-conducted election are also null and void.

Hope this helps.

John

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Friday, December 4, 2020 7:52 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Re: Your Georgia testimony

Thank you so much, sir!

Attached is a resolution I drafted to reflect that premise. If you would kindly review and provide constructive
criticism, it would be greatly appreciated as I am not formally schooled in the law.

CU-CORA-001079
RD

From: John Eastman <.lnhn.Eastrnan@colorado,edu>

Sent: Friday, December 4, 2020 9:22:09 PM
To: Russ Diamond <rdi2mond@p2housegop.com>
Subject: RE: Your Georgia testimony

You're summary is spot on.

I have not been able to locate the old resolutions from Florida, which I helped draft. But here's a NY Times
article about them. httt2s://www.nytlmes.com/2000/12/12/us/contest1ng-vote-leglslature-commlttees-
approve-resolut1ons-allowlng-florlda.html

It appears that they were done as a joint resolution-Le., a legislative resolution requiring approval by each
house of the legislature but not the signature of the Governor. I believe that is consistent with the plenary
authority provided by Article 11, and also consistent with the role the legislature plays (alone, without the
governor) in deciding whether or not to ratify a U.S. Constitutional amendment.

What happened in Florida is that both the House and Senate had drafted identical resolutions, and those had
passed out of committee on a party-line vote. Floor votes in both chambers were scheduled for the Tuesday
and Wednesday following, but the Supreme Court's decision in Bush v. Gore mooted the issue.

Hope that helps. Feel free to send any follow-up questions you have, or call me at 714-943-9983.

John

P.S. I do not think the letter to members of your state congressional delegation was helpful. Our side can
object to the slate of electors all they want. An objection, signed in writing by at least 1 member of the House
and 1 member of the Senate, results in the two houses breaking into their separate chambers to resolve the
objection. ONLY IF both houses then agree to the objection is the slate deemed invalid. If the House doesn't
agree to the objection, as is almost certain (the vote here being by majority rather than by state), then the
objection is not sustained and the slate is counted. See 3 U.S.C. § 15. So don't let your colleagues rest on that
letter.

From: Russ Diamond <rdiamond@p2house~QP,.mm.>

Sent: Friday, December 4, 2020 6:14 PM
To: John Eastman <John.E2stm2n(wcolorado.edu>
Subject: Your Georgia testimony

Professor Eastman-

I found your testimony before the Georgia Senate to be compelling. Here in Pennsylvania, numerous other
frustrated colleagues and I are searching for legislative solutions to our current national predicament.

Forgive me, as I am not an attorney, but my takeaway from your testimony was the following. Please
review and let me know if it is an accurate assessment of what you said during your presentation and the
Q & A portion.

Because the US Constitution vests the authority to create election law in the state legislatures, and because
Pennsylvania's judicial and executive branches issued decisions and guidance which contravene the election

CU-CORA-001080
law the Pennsylvania state legislature created, resulting in an unlawful election, the state legislature can exercise
its plenary authority to appoint presidential electors, regardless of restraints existing within Pennsylvania's
constitution and statutes, because of the supremacy clause of the US Constitution and because the act of
appointing presidential electors is a function of the US Constitution.

I am working on a legislative instrument based on this premise, after reading through McPherson v. Blacker.
If make takeaway is inaccurate or not precise enough, I would greatly appreciate your input.

Further, it was my understanding that you stated that the FL legislature during Bush v. Gore in 2000 was
based on matching simple resolutions in the FL House and Senate, as opposed to a joint resolution or a
concurrent resolution. Is that accurate?

Thank you so very much for your time and consideration. I can be reached at 717.383.3025 if you believe
a verbal discussion would be better suited to review these questions I have.

Respectfully,

Representative Russ Diamond

102nd Legislative District

rdiarnond(d)pahousegop.corn
www, Rep Diamond .com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.

77w information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. I/you received this information in error, please contact the sender and delete the message and material from all computers.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. Ifyou received this information in error, please contact the sender and delete the message and materialfrom all computers.

CU-CORA-001081
A RESOLUTION

Declaring and affirming plenary authority in appointing presidential electors.

WHEREAS, Article I, Section 4, Clause 1 of the United States Constitution empowers state legislatures,
including the General Assembly of the Commonwealth of Pennsylvania, to prescribe the "Times, Places,
and Manner" of conducting elections; and

WHEREAS, Article II, Section 1, Clause 2 of the United States Constitution empowers state legislatures,
including the General Assembly of the Commonwealth of Pennsylvania, to direct the manner of
appointing electors for President and Vice President of the United States; and

WHEREAS, the General Assembly of the Commonwealth of Pennsylvania has exercised its authority to
establish election administration procedures for the Commonwealth, known as the Pennsylvania
Election Code; and

WHEREAS, the Pennsylvania Election Code requires all mail-in ballots to be received by eight o'clock
P.M. on the day of the election; and

WHEREAS, the Pennsylvania Election Code requires election officials at polling places to authenticate the
signatures of in-person voters; and

WHEREAS, the Pennsylvania Election Code requires that county boards of elections shall not meet to
conduct a pre-canvass of all absentee and mail-in ballots until seven o'clock A.M. on Election Day, during
which time defects on mail-in ballots would be identified; and

WHEREAS, the Pennsylvania Election Code prohibits the counting of defective absentee or mail-in
ballots; and

WHEREAS, the Pennsylvania Election Code authorizes "watchers," selected by candidates and political
parties, to observe the process of canvassing absentee and mail-in ballots; and

CU-CORA-001082
WHEREAS, the Commonwealth conducted an election on November 3, 2020 for federal offices, including
selecting electors for President and Vice President of the United States; and

WHEREAS, on September 17, 2020, less than seven weeks before the November 3, 2020 election, the
Supreme Court of the Commonwealth of Pennsylvania unlawfully and unilaterally extended the deadline
for mail-in ballots to be received, mandated that ballots mailed without a postmark would be presumed
to be received timely, and could be accepted without a verified voter signature; and

WHEREAS, on October 23, 2020, less than two weeks before the November 3, 2020 election and upon a
petition from the Secretary of the Commonwealth, the Supreme Court of the Commonwealth of
Pennsylvania ruled that county Boards of Election need not authenticate signatures for mail-in ballots,
thereby treating in-person and mail-in voters dissimilarly and eliminating a critical safeguard against
potential election crime; and

WHEREAS, on November 2, 2020, the night before the November 3, 2020 election and prior to the
prescribed time for pre-canvassing mail-in ballots, the office of the Secretary of the Commonwealth
encouraged certain counties to notify party and candidate representatives of mail-in voters whose
ballots contained defects; and

WHEREAS, heavily Democrat counties permitted mail-in voters to cure ballot defects while heavily
Republican counties followed the law and invalidated defective ballots; and

WHEREAS, in certain counties in the Commonwealth, watchers were not permitted to meaningfully
observe the pre-canvassing and canvassing activities relating to absentee and mail-in ballots; and

WHEREAS, officials in the Executive and Judicial branches of the Commonwealth infringed upon the
General Assembly's authority under the United States Constitution by issuing decisions and providing
guidance which contravened, frustrated and substantially modified the express provisions of the
Pennsylvania Election Code; and

WHEREAS, election officials in certain counties of the Commonwealth acted upon the unlawful decisions
and guidance of the Executive and Judicial branches of the Commonwealth; and

WHEREAS, election officials in certain counties of the Commonwealth took further actions in
contravention of the Pennsylvania Election Code; and

CU-CORA-001083
WHEREAS, in McPherson v. Blacker 146 U.S. 1 (1892), the Supreme Court of United States examined
Article II, Section 1, Clause 2 of the United States Constitution and held "that from the formation of the
government until now the practical construction of the clause has conceded plenary power to the state
legislatures in the matter of the appointment of electors;" and

'NHtRL'\S, 'n A4cA'ie:son v. S!eckc: the Suprene Court of United States also held "that korn t'le
fo,rn-ati-or.-ohhe-gove-r-nrnent-unt+i--A-ih¥•tiw-prn£tkal--Eon5-tnidion--of.-the--r-h'lu.se--i1as-0onrnded--ole-r.ary
rrnwer· to the state legislatures in the matter· d the Jl}IJOintrnent of e!eetcrs;" a'l,l

WHEREAS, in McPherson v. Blacker the Supreme Court of United States further held that "The
appointment of these electors is thus placed absolutely and wholly with the legislatures of the several
States. They may be chosen by the legislature, or the legislature may provide that they shall be elected
by the people of the State at large, or in districts, as are members of Congress, which was the case
formerly in many States; and it is, no doubt, competent for the legislature to authorize the governor, or
the Supreme Court of the State, or any other agent of its will, to appoint these electors. This power is
conferred upon the legislatures of the States by the Constitution of the United States, and cannot be
taken from them or modified by their State constitutions any more than can their power to elect
Senators of the United States. Whatever provisions may be made by statute, or by the state
constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume
the power at any time, for it can neither be taken away nor abdicated. (Senate Rep. 1st Sess. 43 Cong.
No. 395)"; and

WHEREAS, Article VI, Section 2, Clause 2 of the United States Constitution states "This Constitution, and
the laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be the supreme law of the land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or laws of any State to the
Contrary notwithstanding;"

WHEREAS, in Bush v. Gore the Supreme Court of the United States held that "vVhen the stale
kcgislature vests the right tn vnle for Presidelll in its people. the right ln vote ,asthe leghhlfl_t!J, ··! Formatted: Font Italic
has prescribed is fundamental." Bush v. Gore. 531 U.S. 98,104 (2000) (emphasis added): and,
/ ..
j /
)=-----------------~
f F d F I r _ _ _ _ _ _ _ _ _ _ __
L~o_r_rn_a_tt_e_:_o_n_t:_t_a_,c

WHEREAS, 3 U .S.C. §2. states "Whenever any State has held an election for the purpose of choosing
electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed
on a sub.sequent day in such a manner as the legislature of such State may direct;" and

THEREFORE, be it RESOLVED that the Pennsylvania General Assembly -

1. Declares the aforementioned to be findings of fact; and

2. Condemns all unlawful infringement on the General Assembly's authority pursuant to the United
States Constitution to regulate the "Times, Places, and Manner" of conducting elections and the
"rnanne,· of appointing e!ectors tor President and Vice President of the United States"; and

CU-CORA-001084
3. Declares the November 3, 2020 election of presidential electors to be unlawful, and the results
thereof null and void; and

4. Declares that the Commonwealth of Pennsylvania has failed to make a choice on the day prescribed
by law; and

5. Declares its intent to exercise plenary authority in appointing presidential electors as provided by
Article II, Section 1, Clause 2 of the United States Constitution; and

6. Declares the right to pursue the aforementioned under the authority and protection of Article VI,
Section 2, Clause 2 of the United States.

CU-CORA-001085
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/4/2020 9:46:19 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Re: Your Georgia testimony

Thanks so much.

Honestly, the Trump legal team was not exactly stellar at PA's hearing, failed to provide the affidavits of their
witnesses, and made a glaring error by purporting that more ballots had been returned than mailed out.

It is for this reason that I so latched onto your comments that actual fraud is irrelevant when the election itself is
unlawful.

I will take a look at this in the morning. Thank you so very much!

RD

From: John Eastman <John.Eastman@colorado.edu>

Sent: Friday, December 4, 2020 11:25:56 PM
To: Russ Diamond <rdiamond@pahousegop.com>
Subject: RE: Your Georgia testimony

Nice job. I've made a few suggestions in the attached redline.

One big question, though. Do you want to only go half way, and require another resolution to actual choose a
slate of electors? Or should you do it all in one resolution? I don't know the dynamic of your Legislature, so
can't answer that. But my intuition is that it would be better to do what you need to do in one fell swoop.

I did not watch the hearings that were held, but I suspect they contained ample evidence of sufficient
anomalies and illegal votes to have turned the election from Trump to Biden. If that is the case, you could add
another section of factual findings based on the evidence presented at that hearing, and then adopt a
resolution that has the Legislature simply affirming what appears to have been the result of the popular vote
untainted by the illegal votes.

For example, depending on how many ballots were counted that were received after the statutory deadline
(say 10,000 for example's purpose), those 10,000 votes need to be discarded, and you can take the absentee
ballot ratio for each candidate in the counties were late-received ballots were illegally counted and deduct the
pro-rated amount from each candidate's total.

For the signature verification violation (and perhaps the banning of observers), you could take the difference
between the 4% historical rejection rate and the .34% rejection rate done under the illegal procedures, and
similarly discount each candidates' totals by a prorated amount based on the absentee percentage those
candidates otherwise received.

Then, having done that math, you'd be left with a significant Trump lead that would bolster the argument for
the Legislature adopting a slate of Trump electors - perfectly within your authority to do anyway, but now
bolstered by the untainted popular vote. That would help provide some cover.

CU-CORA-001086
I would also include after paragraph 3 a specific legislative determination that the slate of electors certified by
the governor under the illegally-conducted election are also null and void.

Hope this helps.

John

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Friday, December 4, 2020 7:52 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Re: Your Georgia testimony

Thank you so much, sir!

Attached is a resolution I drafted to reflect that premise. If you would kindly review and provide constructive
criticism, it would be greatly appreciated as I am not formally schooled in the law.

RD

From: John Eastman <John.Eastman@colorado.edu>

Sent: Friday, December 4, 2020 9:22:09 PM
To: Russ Diamond <rdiamond(·ilpahousegop.com>
Subject: RE: Your Georgia testimony

You're summary is spot on.

I have not been able to locate the old resolutions from Florida, which I helped draft. But here's a NY Times
article about them. https;//www.nytlmes.com/2000/12/12/us/contestlng-vote-leglslature-commlttees-
approve-resolutlons-allowing-florlda.html

It appears that they were done as a joint resolution-Le., a legislative resolution requiring approval by each
house of the legislature but not the signature of the Governor. I believe that is consistent with the plenary
authority provided by Article 11, and also consistent with the role the legislature plays (alone, without the
governor) in deciding whether or not to ratify a U.S. Constitutional amendment.

What happened in Florida is that both the House and Senate had drafted identical resolutions, and those had
passed out of committee on a party-line vote. Floor votes in both chambers were scheduled for the Tuesday
and Wednesday following, but the Supreme Court's decision in Bush v. Gore mooted the issue.

Hope that helps. Feel free to send any follow-up questions you have, or call me at 714-943-9983.

John

P.S. I do not think the letter to members of your state congressional delegation was helpful. Our side can
object to the slate of electors all they want. An objection, signed in writing by at least 1 member of the House
and 1 member of the Senate, results in the two houses breaking into their separate chambers to resolve the
objection. ONLY IF both houses then agree to the objection is the slate deemed invalid. If the House doesn't
agree to the objection, as is almost certain (the vote here being by majority rather than by state), then the

CU-CORA-001087
objection is not sustained and the slate is counted. See 3 U.S.C. § 15. So don't let your colleagues rest on that
letter.

From: Russ Diamond <rdiarnond(@pahnusegoru:om>

Sent: Friday, December 4, 2020 6:14 PM
To: John Eastman <.lohn.Eastrnan@rnlmado.edu>
Subject: Your Georgia testimony

Professor Eastman-

I found your testimony before the Georgia Senate to be compelling. Here in Pennsylvania, numerous other
frustrated colleagues and I are searching for legislative solutions to our current national predicament.

Forgive me, as I am not an attorney, but my takeaway from your testimony was the following. Please
review and let me know if it is an accurate assessment of what you said during your presentation and the
Q & A portion.

Because the US Constitution vests the authority to create election law in the state legislatures, and because
Pennsylvania's judicial and executive branches issued decisions and guidance which contravene the election
law the Pennsylvania state legislature created, resulting in an unlawful election, the state legislature can exercise
its plenary authority to appoint presidential electors, regardless ofrestraints existing within Pennsylvania's
constitution and statutes, because of the supremacy clause of the US Constitution and because the act of
appointing presidential electors is a function of the US Constitution.

I am working on a legislative instrument based on this premise, after reading through McPherson v. Blacker.
If make takeaway is inaccurate or not precise enough, I would greatly appreciate your input.

Further, it was my understanding that you stated that the FL legislature during Bush v. Gore in 2000 was
based on matching simple resolutions in the FL House and Senate, as opposed to a joint resolution or a
concurrent resolution. Is that accurate?

Thank you so very much for your time and consideration. I can be reached at 717.383.3025 if you believe
a verbal discussion would be better suited to review these questions I have.

Respectfully,

Representative Russ Diamond

102nd Legislative District

rdiarnond(d)pahousegop.corn
www, Rep Diamond ,com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.

77w information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. I/you received this information in error, please contact the sender and delete the message and material from all computers.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. If you received this information in error, please contact the sender and delete the message and material from all computers.

CU-CORA-001088
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. ff you received this information in error, please contact the sender and delete the message and mate1ialfrom all computers.

CU-CORA-001089
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/5/2020 7:41:31 AM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Re: Your Georgia testimony
Attachments: Plenary Authority - Edited12.05.20.docx

Professor Eastman-

I have taken your suggestion of including a clause to appoint the electors. Not sure if the form or
placement is appropriate or not.

I ran this by another group of constitutional attorneys who believe that while the case law citations from
McPherson v. Blacker and Bush v. Gore are important, it would be preferable to omit them from this
legislative instrument so we are not bound to them, or anything else in those cases. Your thoughts?

Also, the highlighted portions within the attached are optional, as I am not so sure if we should declare a
"failure" to appoint electors until after Dec 15. Would appreciate your thoughts on that as well.

Thank you so much.

Representative Russ Diamond

102nd Legislative District

rdiamond@pahousegop.com
www. Rep Diamond .com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.

From: John Eastman <John.Eastman@colorado.edu>

Sent: Friday, December 4, 2020 11:25 PM
To: Russ Diamond <rdiamond@pahousegop.com>
Subject: RE: Your Georgia testimony

Nice job. I've made a few suggestions in the attached redline.

One big question, though. Do you want to only go half way, and require another resolution to actual choose a
slate of electors? Or should you do it all in one resolution? I don't know the dynamic of your Legislature, so
can't answer that. But my intuition is that it would be better to do what you need to do in one fell swoop.

I did not watch the hearings that were held, but I suspect they contained ample evidence of sufficient
anomalies and illegal votes to have turned the election from Trump to Biden. If that is the case, you could add
another section of factual findings based on the evidence presented at that hearing, and then adopt a
resolution that has the Legislature simply affirming what appears to have been the result of the popular vote
untainted by the illegal votes.

For example, depending on how many ballots were counted that were received after the statutory deadline
(say 10,000 for example's purpose), those 10,000 votes need to be discarded, and you can take the absentee

CU-CORA-001102
ballot ratio for each candidate in the counties were late-received ballots were illegally counted and deduct the
pro-rated amount from each candidate's total.

For the signature verification violation (and perhaps the banning of observers), you could take the difference
between the 4% historical rejection rate and the .34% rejection rate done under the illegal procedures, and
similarly discount each candidates' totals by a prorated amount based on the absentee percentage those
candidates otherwise received.

Then, having done that math, you'd be left with a significant Trump lead that would bolster the argument for
the Legislature adopting a slate of Trump electors- perfectly within your authority to do anyway, but now
bolstered by the untainted popular vote. That would help provide some cover.

I would also include after paragraph 3 a specific legislative determination that the slate of electors certified by
the governor under the illegally-conducted election are also null and void.

Hope this helps.

John

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Friday, December 4, 2020 7:52 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Re: Your Georgia testimony

Thank you so much, sir!

Attached is a resolution I drafted to reflect that premise. If you would kindly review and provide constructive
criticism, it would be greatly appreciated as I am not formally schooled in the law.

RD

From: John Eastman <John.Eastman@colorado.edu>

Sent: Friday, December 4, 2020 9:22:09 PM
To: Russ Diamond <rdiamond@pahousegop.com>
Subject: RE: Your Georgia testimony

You're summary is spot on.

I have not been able to locate the old resolutions from Florida, which I helped draft. But here's a NY Times
article about them. https://www.nytimes.com/2000/12/12/us/contesting-vote-legislature-committees-
approve-resolutions-allowing-florida.html

It appears that they were done as a joint resolution-Le., a legislative resolution requiring approval by each
house of the legislature but not the signature of the Governor. I believe that is consistent with the plenary
authority provided by Article 11, and also consistent with the role the legislature plays (alone, without the
governor) in deciding whether or not to ratify a U.S. Constitutional amendment.

CU-CORA-001103
What happened in Florida is that both the House and Senate had drafted identical resolutions, and those had
passed out of committee on a party-line vote. Floor votes in both chambers were scheduled for the Tuesday
and Wednesday following, but the Supreme Court's decision in Bush v. Gore mooted the issue.

Hope that helps. Feel free to send any follow-up questions you have, or call me at 714-943-9983.

John

P.S. I do not think the letter to members of your state congressional delegation was helpful. Our side can
object to the slate of electors all they want. An objection, signed in writing by at least 1 member of the House
and 1 member of the Senate, results in the two houses breaking into their separate chambers to resolve the
objection. ONLY IF both houses then agree to the objection is the slate deemed invalid. If the House doesn't
agree to the objection, as is almost certain (the vote here being by majority rather than by state), then the
objection is not sustained and the slate is counted. See 3 U.S.C. § 15. So don't let your colleagues rest on that
letter.

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Friday, December 4, 2020 6:14 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Your Georgia testimony

Professor Eastman-

I found your testimony before the Georgia Senate to be compelling. Here in Pennsylvania, numerous other
frustrated colleagues and I are searching for legislative solutions to our current national predicament.

Forgive me, as I am not an attorney, but my takeaway from your testimony was the following. Please
review and let me know if it is an accurate assessment of what you said during your presentation and the
Q & A portion.

Because the US Constitution vests the authority to create election law in the state legislatures, and because
Pennsylvania's judicial and executive branches issued decisions and guidance which contravene the election
law the Pennsylvania state legislature created, resulting in an unlawful election, the state legislature can exercise
its plenary authority to appoint presidential electors, regardless ofrestraints existing within Pennsylvania's
constitution and statutes, because of the supremacy clause of the US Constitution and because the act of
appointing presidential electors is a function of the US Constitution.

I am working on a legislative instrument based on this premise, after reading through McPherson v. Blacker.
If make takeaway is inaccurate or not precise enough, I would greatly appreciate your input.

Further, it was my understanding that you stated that the FL legislature during Bush v. Gore in 2000 was
based on matching simple resolutions in the FL House and Senate, as opposed to a joint resolution or a
concurrent resolution. Is that accurate?

Thank you so very much for your time and consideration. I can be reached at 717.383.3025 if you believe
a verbal discussion would be better suited to review these questions I have.

Respectfully,

Representative Russ Diamond

102nd Legislative District

rdiamond@pahousegop.com

CU-CORA-001104
www. Rep Dia rnond .corn
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
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The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. Ifyou received this information in error, please contact the sender and delete the message and material from all computers.
77w information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. I/you received this information in error, please contact the sender and delete the message and material from all computers.
The information transmitted is intended onZv for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
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prohibited. Ifyou received this information in error, please contact the sender and delete the message and material fimn all computers.

CU-CORA-001105
A RESOLUTION

Declaring, affirming, and exercising the plenary power of the legislature of the Commonwealth of
Pennsylvania in appointing presidential electors, in response to significant evidence of unlawful activities
taking place in the November 3, 2020 Pennsylvania General Election.

WHEREAS, Article I, Section 4, Clause 1 of the United States Constitution empowers state legislatures,
including the General Assembly of the Commonwealth of Pennsylvania, to prescribe the "Times, Places,
and Manner" of conducting elections; and

WHEREAS, Article 11, Section 1, Clause 2 of the United States Constitution empowers state legislatures,
including the General Assembly of the Commonwealth of Pennsylvania, to direct the manner of
appointing electors for President and Vice President of the United States; and

WHEREAS, the General Assembly of the Commonwealth of Pennsylvania has exercised its authority to
establish election administration procedures for the Commonwealth, known as the Pennsylvania
Election Code; and

WHEREAS, the Pennsylvania Election Code requires all mail-in ballots to be received by eight o'clock
P.M. on the day of the election; and

WHEREAS, the Pennsylvania Election Code requires election officials at polling places to authenticate the
signatures of in-person voters; and

WHEREAS, the Pennsylvania Election Code requires that county boards of elections shall not meet to
conduct a pre-canvass of all absentee and mail-in ballots until seven o'clock A.M. on Election Day, during
which time defects on mail-in ballots would be identified; and

WHEREAS, the Pennsylvania Election Code prohibits the counting of defective absentee or mail-in
ballots; and

WHEREAS, the Pennsylvania Election Code authorizes "watchers," selected by candidates and political
parties, to observe the process of canvassing absentee and mail-in ballots; and

CU-CORA-001106
WHEREAS, the Commonwealth conducted an election on November 3, 2020 for federal offices, including
selecting electors for President and Vice President of the United States; and

WHEREAS, on September 17, 2020, less than seven weeks before the November 3, 2020 election, the
Supreme Court of the Commonwealth of Pennsylvania unlawfully and unilaterally extended the deadline
for mail-in ballots to be received, mandated that ballots mailed without a postmark would be presumed
to be received timely, and could be accepted without a verified voter signature; and

WHEREAS, on October 23, 2020, less than two weeks before the November 3, 2020 election and upon a
petition from the Secretary of the Commonwealth, the Supreme Court of the Commonwealth of
Pennsylvania ruled that county Boards of Election need not authenticate signatures for mail-in ballots,
thereby treating in-person and mail-in voters dissimilarly and eliminating a critical safeguard against
potential election crime; and

WHEREAS, on November 2, 2020, the night before the November 3, 2020 election and prior to the
prescribed time for pre-canvassing mail-in ballots, the office of the Secretary of the Commonwealth
encouraged certain counties to notify party and candidate representatives of mail-in voters whose
ballots contained defects; and

WHEREAS, heavily Democrat counties permitted mail-in voters to cure ballot defects while heavily
Republican counties followed the law and invalidated defective ballots; and

WHEREAS, in certain counties in the Commonwealth, watchers were not permitted to meaningfully
observe the pre-canvassing and canvassing activities relating to absentee and mail-in ballots; and

WHEREAS, officials in the Executive and Judicial branches of the Commonwealth infringed upon the
General Assembly's authority under the United States Constitution by issuing decisions and providing
guidance which contravened, frustrated and substantially modified the express provisions of the
Pennsylvania Election Code; and

WHEREAS, election officials in certain counties of the Commonwealth acted upon the unlawful decisions
and guidance of the Executive and Judicial branches of the Commonwealth; and

WHEREAS, election officials in certain counties of the Commonwealth took further actions in
contravention of the Pennsylvania Election Code; and

CU-CORA-001107
 WHEREAS, Article VI, Section 2, Clause 2 of the United States Constitution states "This Constitution, and
the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the
Contrary notwithstanding;"

WHEREAS, 3 U.S.C. §2. states "Whenever any State has held an election for the purpose of choosing
electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed
on a subsequent day in such a manner as the legislature of such State may direct;" and

WHEREAS, due to unlawful events in the process itself of electing the Electors on the day prescribed by
law;

THEREFORE, be it RESOLVED that the Pennsylvania General Assembly -

1. Declares the aforementioned to be findings of fact; and

2. Condemns all unlawful infringement on the General Assembly's authority pursuant to the United
States Constitution to regulate the "Times, Places, and Manner" of conducting elections; and

3. Declares the November 3, 2020 election of presidential electors to be unlawful, and the results
thereof null and void; and

4. Declares that the Commonwealth of Pennsylvania has failed to make a choice on the day prescribed
by law; and

5. Exercises plenary authority in appointing presidential electors as provided by Article 11, Section 1,
Clause 2 of the United States Constitution, in accordance with 3 U.S.C. §2 the electors shall be
appointed by the legislature of the Commonwealth of Pennsylvania; and

6. Appoints the following qualified individuals as the presidential electors for the Commonwealth of
Pennsylvania:

a) Elector 1

b) Elector 2

c) Elector 3

d) Elector 4

e) Elector 5

f) Elector 6

g) Elector 7

CU-CORA-001108
 h) Elector 8

i) Elector 9

j) Elector 10

k) Elector 11

I) Elector 12

m) Elector 13

n) Elector 14

o) Elector 15

p) Elector 16

q) Elector 17

r) Elector 18

s) Elector 19

t) Elector 20; and

7. Declares the right to pursue the aforementioned under the authority and protection of Article VI,
Section 2, Clause 2 of the United States.

CU-CORA-001109
Message
From: John Eastman [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=192D43D8DB2949C9ADFA27C5CBFD02A1-JOEA4895]
Sent: 12/7/2020 12:28:24 PM
To: Lily T Welch [lily.welch@colorado.edu]
Subject: RE: Eastman travel reimbursement

No problem. Thanks.

From: Lily T Welch <lily.welch@colorado.edu>

Sent: Monday, December 7, 2020 12:24 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: FW: Eastman travel reimbursement

Hi John,

I wanted to give you a heads up that the FSC is not going to reimburse the internet charge but you should see something
from them in the near future about the rest being reimbursed.

Thanks.

Lily Welch
Program Manager
Benson Center for the Study of Western Civilization
University of Colorado Boulder
Boulder, Colorado 80309
T 303 492-0330
lily.welch(@colorado,edu

From: Hannah Flatten <Hannah.Flatten@Colorado.EDU>

Date: Tuesday, December 1, 2020 at 2:33 PM
To: Lily Welch <illy.welch@colorado,edu>
Subject: RE: Eastman travel reimbursement

Hi Uly,

Unfortunately this would be considered a personal expense and is not reimbursable.

Best,
Hannah

From: Lily T Welch <Uly.welch@Jcolorado.edu>

Sent: Tuesday, December 1, 2020 1:20 PM
To: Hannah Flatten <Hannah.Hatten(wColoradoJ:DU>
Subject: Re: Eastman travel reimbursement

CU-CORA-001198
From John Eastman, "I do a lot of media, particularly following the election the day before the trip. So I need
access to my email and to other internet-based resources even while traveling. "

Lily Welch
Program Manager
Benson Center for the Study of Western Civilization
University of Colorado Boulder
Boulder, Colorado 80309
T 303 492-0330
lily,welch(dlrnlmado,edu

From: Hannah Flatten <Hannah,Flatten@Colorado.EDU>

Date: Tuesday, December 1, 2020 at 1:13 PM
To: Lily Welch <lily.welch@colorado,edu>
Subject: RE: Eastman travel reimbursement

Hi Lily,

Can you get a statement from Dr. Eastman as to why internet access was needed on both flights/how it pertained to
University business?

Thanks,
Hannah

From: Lily T Welch <lily,wekh(pJcolorado,edu>

Sent: Monday, November 30, 2020 1:45 PM
To: Hannah Flatten <l··lannah.Flatten(rvColorado.EDU>
Subject: Eastman travel reimbursement

Hi Hannah,

Attached please find a travel reimbursement form and receipts for John Eastman. He and Elizabeth traveled for a
conference earlier this month after receiving the necessary approvals in Concur.

The full business purpose is below.

The conference is part of a multi-year endeavor called "The American National Character (ANC) Project." The first phase
of this important work, launched in Philadelphia in 2017 in a colloquium focused on investigating the sources of
fragmentation among the American people and seeking to articulate the principles and practices that can reunite them
as one people. The project originated from a historical foundation in George Washington's repeated observation at the
Founding that "we have a national character to develop."
Among other efforts, Dr. Allen and 2019-20 Benson Center Visiting Scholar in Conservative Thought and Policy Dr.
Colleen Sheehan spearheaded a Benson Center--Ryan Foundation collaboration in 2019-20 to engage nationally

CU-CORA-001199
recognized participants (among them, Diana Schaub, Robert Zimmer, Stephen Cam bone, Danielle Allen) to deliver a
series of well-regarded free, public lectures and faculty seminars on the CU Boulder campus.
The Fall 2020 conference in Philadelphia is the culmination of the ANC project.

Thank you.

Lily Welch
Program Manager
Benson Center for the Study of Western Civilization
University of Colorado Boulder
Boulder, Colorado 80309
T 303 492-0330
lily.welch(dlrnlmado,edu

CU-CORA-001200
Message
From: Daniel Jacobson [Daniel.Jacobson@colorado.edu]
Sent: 12/9/2020 2:03:44 PM
To: Eastman, John [jeastman@chapman.edu]
Subject: Re: Heads up

External Message

Thanks, John. I watched your testimony the other day. Hope to chat with you about this sometime over a glass
of wine. Good luck!

-D.

On Dec 9, 2020, at 4:01 PM, Eastman, John <jeastman(a)chapman.edu> wrote:

Dan,

President Trump asked me to represent him in filing a motion to intervene in the pending
litigation at the Supreme Court. Nothing on the pleading mentions Univ. of Colorado, but I
wanted to give you a heads up anyway. It was just filed a few moments ago.

John

the sender and know content is safe.

CU-CORA-001286
Message
From: Betty A Kilsdonk [Betty.Kilsdonk@Colorado.EDU]
Sent: 12/10/2020 2:35:48 PM
To: John Eastman [John.Eastman@colorado.edu]
CC: Daniel Jacobson [Daniel.Jacobson@colorado.edu]
Subject: FW: consulting

Hi John - this is the request I referred to in our phone call.

The link below is the same one I provided earlier. Please review and complete as necessary to be in
compliance with university consulting policy.
Thank you
Betty

From: David S Brown <david.s.brown(al,colorado.edu>

Subject: consulting
Date: December 10, 2020 at 4:05: 16 PM EST
To: Daniel Jacobson <Dan1el.Jacobson(a>colorado.edu>
Cc: James White <James.White@colorado.edu>

Hi Daniel. I don't believe we've met, I didn't get the chance to interview you, but I help Associate Dean
Hernandez with the Benson Center. I noticed that Professor Eastman has signed on as lead counsel for
Donald Trump and just wanted to make sure that you and he were aware of the '1/6th rule' in terms of
consulting while holding a position at CU.

I'm still learning the many rules and regulations and just wanted to make sure that you were getting the
proper information to keep the folks at the Benson Center informed. I'm pasting the link to the
appropriate web page for your examination. Please let me know if you have any questions.

https://www.colorado.edu/facultyaffairs/sites/default/files/attached-files/one-sixth-rule.pdf

Hope all is well-

db

David S. Brown
Divisional Dean of Social Sciences
College of Arts & Sciences
University of Colorado Boulder

CU-CORA-001336
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/13/2020 12:22:48 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Electoral College

Dr. Eastman-

Some activists believe it would be helpful and wise to send the letter below to the Governor and the
Secretary of the Commonwealth before the electors meet tomorrow. Pis review and let me know your
thoughts ASAP.

********
TO: Wolf, Boockvar
CC: The Electoral College, US Congress, VP Pence, Archivist of the United States

This Official Notice shall serve as Official Objection by members Pennsylvania General Assembly to the purported slate of
electors of President and Vice President of the United States, resulting from an unprecedented failed election held in the
Commonwealth of Pennsylvania on November 3, 2020, in violation of constitutional requirements and the Pennsylvania
Election Code.

Article 11, § 1, Clause 4, of the U.S. Constitution grants Congress authority to determine the Date on which the electors
vote, and 3 USC§ 7 sets that date for December 14, 2020. Therefore, we hereby Demand that the purported slate of
electors, which we deem to be unlawful and disqualified, NOT be seated at the scheduled Electoral College meeting to
be held on Monday, December 14, 2020.

We will interpret your seating of unlawful and disqualified electors as an act in defiance of this Demand Notice, and an
intentional arbitrary act on your part to advance Pennsylvania's failed election results from the state level to the federal
level.

Article 11, Section 1, Clause 2 of the US Constitution empowers state legislatures to direct the manner of appointing
electors for President and Vice President of the United States. The General Assembly has done so via the Pennsylvania
Election Code.

Pennsylvania's judicial and executive branches issued decisions and guidance that contravene the Pennsylvania Election
Code prior to the 2020 General Election. Election officials in certain PA counties acted upon those decisions and
guidance, and took further actions that contravene the Election Code, during the 2020 General Election process.

As such, the 2020 General Election process, which purports to have selected and/or appointed presidential electors, was
unlawful, void ab initio, and the results thereof invalid, and Pennsylvania has failed to appoint presidential electors on
the day prescribed by law in 3 U.S. Code § 1.

3 U.S. Code§ 2 states "Whenever any State has held an election for the purpose of choosing electors, and has failed to
make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as
the legislature of such State may direct." When acting under 3 U.S. Code§ 2 to appoint presidential electors after such a
failure, the General Assembly has plenary authority under Article 11, § 1, Clause 2 of the Constitution of the United
States. This plenary authority is a federal, not state, authority.

We hereby claim the plenary power of the General Assembly to appoint a lawful slate of electors for the 2020 election at
our earliest possible opportunity in accordance with the Constitution of the United States, the 12 th Amendment, and
federal law.

CU-CORA-001498
Therefore, we hereby Demand that you immediately Cease and Desist all efforts to seat unlawful electors of President
and Vice President of the United States on Monday, December 14, 2020.

Respectfully,

GA Member signatures

********
Thank you,

Representative Russ Diamond

102nd Legislative District

rdiamond@pahousegop.com
www. Rep Diamond .com
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.
The information transmitted is intended onZv for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. ff you received this information in error, please contact the sender and delete the message and material fimn all computers.

CU-CORA-001499
Message
From: John Eastman [/O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=192D43D8DB2949C9ADFA27C5CBFD02A1-JOEA4895]
Sent: 12/13/2020 1:26:44 PM
To: Russ Diamond [rdiamond@pahousegop.com]
Subject: RE: Electoral College

I think the veiled threat is probably over the top, and since there is no way that the Gov is going to oblige, why
take that tack? Why not just assert the right to appoint an alternate slate of electors and have them meet and
vote on Monday as well.

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Sunday, December 13, 2020 12:23 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Electoral College

Dr. Eastman-

Some activists believe it would be helpful and wise to send the letter below to the Governor and the
Secretary of the Commonwealth before the electors meet tomorrow. Pis review and let me know your
thoughts ASAP. 717.383.3025

********
TO: Wolf, Boockvar
CC: The Electoral College, US Congress, VP Pence, Archivist of the United States

This Official Notice shall serve as Official Objection by members Pennsylvania General Assembly to the purported slate of
electors of President and Vice President of the United States, resulting from an unprecedented failed election held in the
Commonwealth of Pennsylvania on November 3, 2020, in violation of constitutional requirements and the Pennsylvania
Election Code.

Article 11, § 1, Clause 4, of the U.S. Constitution grants Congress authority to determine the Date on which the electors
vote, and 3 USC§ 7 sets that date for December 14, 2020. Therefore, we hereby Demand that the purported slate of
electors, which we deem to be unlawful and disqualified, NOT be seated at the scheduled Electoral College meeting to
be held on Monday, December 14, 2020.

We will interpret your seating of unlawful and disqualified electors as an act in defiance of this Demand Notice, and an
intentional arbitrary act on your part to advance Pennsylvania's failed election results from the state level to the federal
level.

Article 11, Section 1, Clause 2 of the US Constitution empowers state legislatures to direct the manner of appointing
electors for President and Vice President of the United States. The General Assembly has done so via the Pennsylvania
Election Code.

Pennsylvania's judicial and executive branches issued decisions and guidance that contravene the Pennsylvania Election
Code prior to the 2020 General Election. Election officials in certain PA counties acted upon those decisions and
guidance, and took further actions that contravene the Election Code, during the 2020 General Election process.

CU-CORA-001506
As such, the 2020 General Election process, which purports to have selected and/or appointed presidential electors, was
unlawful, void ab initio, and the results thereof invalid, and Pennsylvania has failed to appoint presidential electors on
the day prescribed by law in 3 U.S. Code § 1.

3 U.S. Code§ 2 states "Whenever any State has held an election for the purpose of choosing electors, and has failed to
make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as
the legislature of such State may direct." When acting under 3 U.S. Code§ 2 to appoint presidential electors after such a
failure, the General Assembly has plenary authority under Article 11, § 1, Clause 2 of the Constitution of the United
States. This plenary authority is a federal, not state, authority.

We hereby claim the plenary power of the General Assembly to appoint a lawful slate of electors for the 2020 election at
our earliest possible opportunity in accordance with the Constitution of the United States, the 12 th Amendment, and
federal law.

Therefore, we hereby Demand that you immediately Cease and Desist all efforts to seat unlawful electors of President
and Vice President of the United States on Monday, December 14, 2020.

Respectfully,

GA Member signatures

********

Thank you,

Representative Russ Diamond

102nd Legislative District

rdiarnond(d)pahousegop,corn
W'NW, Rep Diamond ,com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.

77w information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. I/you received this information in error, please contact the sender and delete the message and material from all computers.

CU-CORA-001507
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/13/2020 1:35:04 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Re: Electoral College

That was my thought as well. We will not gain a majority to do so, but I understand the R electors may be
meeting tomorrow. Are you saying such a letter could serve to assert that right instead?

RD

From: John Eastman <John.Eastman@colorado.edu>

Sent: Sunday, December 13, 2020 3:26:44 PM
To: Russ Diamond <rdiamond@pahousegop.com>
Subject: RE: Electoral College

I think the veiled threat is probably over the top, and since there is no way that the Gov is going to oblige, why
take that tack? Why not just assert the right to appoint an alternate slate of electors and have them meet and
vote on Monday as well.

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Sunday, December 13, 2020 12:23 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Electoral College

Dr. Eastman-

Some activists believe it would be helpful and wise to send the letter below to the Governor and the
Secretary of the Commonwealth before the electors meet tomorrow. Pis review and let me know your
thoughts ASAP. 717.383.3025

********

TO: Wolf, Boockvar

CC: The Electoral College, US Congress, VP Pence, Archivist of the United States

This Official Notice shall serve as Official Objection by members Pennsylvania General Assembly to the purported slate of
electors of President and Vice President of the United States, resulting from an unprecedented failed election held in the
Commonwealth of Pennsylvania on November 3, 2020, in violation of constitutional requirements and the Pennsylvania
Election Code.

Article 11, § 1, Clause 4, of the U.S. Constitution grants Congress authority to determine the Date on which the electors
vote, and 3 USC§ 7 sets that date for December 14, 2020. Therefore, we hereby Demand that the purported slate of
electors, which we deem to be unlawful and disqualified, NOT be seated at the scheduled Electoral College meeting to
be held on Monday, December 14, 2020.

We will interpret your seating of unlawful and disqualified electors as an act in defiance of this Demand Notice, and an
intentional arbitrary act on your part to advance Pennsylvania's failed election results from the state level to the federal
level.

CU-CORA-001508
Article 11, Section 1, Clause 2 of the US Constitution empowers state legislatures to direct the manner of appointing
electors for President and Vice President of the United States. The General Assembly has done so via the Pennsylvania
Election Code.

Pennsylvania's judicial and executive branches issued decisions and guidance that contravene the Pennsylvania Election
Code prior to the 2020 General Election. Election officials in certain PA counties acted upon those decisions and
guidance, and took further actions that contravene the Election Code, during the 2020 General Election process.

As such, the 2020 General Election process, which purports to have selected and/or appointed presidential electors, was
unlawful, void ab initio, and the results thereof invalid, and Pennsylvania has failed to appoint presidential electors on
the day prescribed by law in 3 U.S. Code § 1.

3 U.S. Code§ 2 states "Whenever any State has held an election for the purpose of choosing electors, and has failed to
make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as
the legislature of such State may direct." When acting under 3 U.S. Code§ 2 to appoint presidential electors after such a
failure, the General Assembly has plenary authority under Article 11, § 1, Clause 2 of the Constitution of the United
States. This plenary authority is a federal, not state, authority.

We hereby claim the plenary power of the General Assembly to appoint a lawful slate of electors for the 2020 election at
our earliest possible opportunity in accordance with the Constitution of the United States, the 12 th Amendment, and
federal law.

Therefore, we hereby Demand that you immediately Cease and Desist all efforts to seat unlawful electors of President
and Vice President of the United States on Monday, December 14, 2020.

Respectfully,

GA Member signatures

********
Thank you,

Representative Russ Diamond

102nd Legislative District

rdiamond(a)pahouseqop.com
www, Rep Diamond .com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. Ifyou received this information in error, please contact the sender and delete the message and materialfrom all computers.

77w information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. Ifyou received this information in error, please contact the sender and delete the message and material from all computers.

CU-CORA-001509
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/20/2020 6:34:33 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Trump v. Boockvar

Just wanted to thank you for your work on this case. Fits well with our efforts here.

Respectfully,

Representative Russ Diamond

102nd Legislative District

rdiamond@pahousegop.com
www. Rep Diamond .com

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the
intended recipient is prohibited. If you received this information in error, please contact the sender and delete the message and material from all
computers.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is
prohibited. ff you received this information in error, please contact the sender and delete the message and mate1ialfrom all computers.

CU-CORA-001835
Message
From: Russ Diamond [rdiamond@pahousegop.com]
Sent: 12/20/2020 8:57:39 PM
To: John Eastman [John.Eastman@colorado.edu]
Subject: Re: Trump v. Boockvar

God willing!

RD

From: John Eastman <John.Eastman@colorado.edu>

Sent: Sunday, December 20, 2020 8:51:11 PM
To: Russ Diamond <rdiamond@pahousegop.com>
Subject: RE: Trump v. Boockvar

Thank you. I hope that there is enough in there to shore up the spines of your colleagues, even if the Supreme
Court does not act on it.

From: Russ Diamond <rdiamond@pahousegop.com>

Sent: Sunday, December 20, 2020 6:35 PM
To: John Eastman <John.Eastman@colorado.edu>
Subject: Trump v. Boockvar

Just wanted to thank you for your work on this case. Fits well with our efforts here.

Respectfully,

Representative Russ Diamond

102nd Legislative District

rdiamond(a)pahouseqop.com
www, Rep Diamond .com

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