Jan. 6 committee plans to subpoena the lawyer who advised Trump on how to get Pence to overturn the election

• The Jan. 6 committee chair told The Washington Post a subpoena for John Eastman "will happen."
• Eastman had told Trump's legal team that then-VP Mike Pence could reject votes cast for Biden.

The House January 6 committee plans to subpoena the lawyer who advised then-President Donald Trump on how to get then-Vice President Mike Pence to overturn the 2020 election results, the committee chairman told The Washington Post.

Bennie G. Thompson told the outlet on Tuesday of subpoenaing John Eastman: "It will happen."

Eastman authored two memos that outlined scenarios for how President Joe Biden's election victory could be overturned.

One memo, presented to Trump's legal team days before January 6, said Pence had the right under the US Constitution to unilaterally reject votes cast for President Joe Biden. The memo was obtained by Insider's Charles Davis.

The Post noted that Eastman had been distancing himself from the memos, recently saying that he wrote them because someone on Trump's legal team asked him to.

But the outlet noted that in an October 7 op-ed in the Sacramento Bee, Eastman said he advised Pence to delay counting the electoral votes so that states would have time to look at voting irregularities they said they had found.

Thompson did not say when a subpoena would be issued to Eastman.

Eastman confirmed in text messages to The Post on Tuesday that the January 6 committee had contacted him.

"I returned the call and left a voice message. No further contact," he said.

He also said he had "no comment" when he was asked if he would cooperate with the committee.