Before, During and After January 6, 2021

MCLE Credits: 1.5
Ethics Credits Included: 0.0

Saturday, July 23, 10:45 a.m. - 12:15 p.m. ET
  • Webcast
MCLE Credit: 1.5 (Ethics: 0.0)
Live-Interactive Credit: 0.0 for Webcast Live Interactive MCLE Credit Symbol
PLEASE NOTE: The Webcast will NOT offer
an opportunity for live Q&A and thus will
NOT carry live-interactive credit.
Registration Fee: $150



  • What is the Electoral Count Act and why was it passed?
  • What is the Eastman Memo, and how was it used in the attempt to influence Vice President Pence?
  • The input received by Vice President Pence that informed his January 6, 2021 letter to Congress relative to counting the votes.
  • The events of January 6 from the perspective of those on the Capitol grounds that day, and more broadly of Americans throughout the country.
  • The work and findings of the congressional investigation of the events of January 6.
  • What was going on in the White House and with other national leaders in both parties?
  • Efforts to reform our electoral process to ensure that events like January 6 are never repeated.
  • What customary Congressional practices have been altered since January 6, and what does this portend for bipartisanship?

A CLE presented at the 132nd Summer Meeting of The Virginia Bar Association in Hot Springs, Virginia, and offered via Webcast by Virginia CLE®

SPONSORS: VBA Committee on Special Issues of National and State Importance, VBA Criminal Law Section, and Virginia CLE®

The events of January 6, 2021, are seared into the collective memories of all who witnessed the images at the United States Capitol on that historic day. This presentation will explore the events leading up to the breach of the Capitol, the events of January 6 itself, and the consequences for American democracy of this memorable day in U.S history. The events leading up to passage of the Electoral Count Act of 1887, codified at 3 U.S.C. §§ 5–6, 15–18 (“ECA”) will be discussed, as will the ECA and its application to the 2020 election, and possible reforms of the ECA in the wake of January 6, 2021. The panel will discuss the changes in our democratic order that are needed to ensure that there will never be another January 6 like that in 2021.

PLEASE NOTE: This seminar is not eligible for Virginia CLE® discounts, and Virginia CLE® Online+ Bundle credits and Unlimited Online Passes may NOT be used to register for this program.

Live-on-Site Attendance: If you are interested in attending the 132nd Virginia Bar Association Summer Meeting at The Omni Homestead Resort in Hot Springs, Virginia, please visit for more details. All persons attending the 132nd Virginia Bar Association Summer Meeting do NOT have to register separately to attend this CLE. The session is included in your meeting registration.


Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

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COURSE SCHEDULE (July 23) (Eastern Time)

10:45 Before, During and After January 6, 2021
12:15 Adjourn



Hon. William C. Mims, a former Justice of the Supreme Court of Virginia, will serve as moderator of the panel discussion. Justice Mims is also a former member of the Virginia General Assembly and Attorney General of Virginia. He is only the second person in Virginia history to serve in these three offices.


The panelists include:

The Hon. J. Michael Luttig, a former Judge of the U.S. Court of Appeals for the Fourth Circuit. Vice President Mike Pence relied upon Judge Luttig’s advice and timely legal analysis of the Vice President’s powers under the Twelfth Amendment and the Electoral Count Act in accepting and counting the Electoral College votes as they had been cast by the states rather than attempting to overturn the presidential election results, as he was urged by former President Trump to do. Judge Luttig has written extensively about the constitutionality of the ECA and of possible reforms of the ECA to prevent another January 6.

Congressman Jamie Raskin, D-MD, serves on the House Select Committee to Investigate the January 6 attack on the U.S. Capitol. He also serves on the House Judiciary Committee, the Committee on Oversight and Reform, and the Committee on House Administration. He will offer his perspective on the events of January 6 based upon his presence in the Capitol and as a leading member of the congressional committees investigating the events of and surrounding January 6.

Timothy J. Heaphy, Chief Investigative Counsel to the Select Committee investigating the January 6 events, will report on the committee’s work and findings.

Betsy Woodruff Swan, a national political reporter at Politico and a contributor to MSNBC in Washington, D.C., will add her insights based upon her reporting of the lead-up to January 6 events, as well as her extensive reporting about the ongoing investigation and related issues.

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