Before, During and After January 6, 2021 (On Demand Seminar)

MCLE Credits: 1.5
Ethics Credits Included: 0.0

MCLE Credit: 1.5 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $119 (Includes a downloadable audio version.)
Viewable Through: 08/30/2025


A pre-recorded streaming VIDEO replay of the July 2022 webcast, Before, During and After January 6, 2021, originally 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®.


  • 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?

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 explores 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”) are discussed, as are the ECA and its application to the 2020 election, and possible reforms of the ECA in the wake of January 6, 2021. The panel discusses the changes in our democratic order that are needed to ensure that there will never be another January 6 like that in 2021.

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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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