The former vice-president was put under severe pressure from Donald Trump in the lead up to the events on January 6.
Some aides appealed to Mr Trump not to put his unflinchingly loyal vice-president in such a precarious position.
Mr Trump continued to push in an Oval Office meeting the next day, where he again urged Mr Pence to use powers the vice-president did not possess to overturn the will of voters.That day, Mr Jacob sent a memo putting in writing his conclusion that if Mr Pence followed Mr Eastman's proposal, he would likely lose in court, at best, or spark a constitutional crisis, Politico first reported.
"All Mike Pence has to do is send them back to the States, AND WE WIN," he wrote later that morning. "Do it Mike, this is a time for extreme courage!" During the call in the 11 o'clock hour, Mr Trump berated Mr Pence, chastising him for not being tough enough to go along with the scheme, according to Mr Kellogg's testimony to the committee.Mr Pence then headed to the Capitol to oversee the counting of the Electoral College votes that would formalise Mr Trump's defeat.