It’s not guesswork Eastman laid it out in writing:
this comes from the third paragraph;
3. At the end, he announces that because of the ongoing disputes in the 7 States, there are no electors that can be deemed validly appointed in those States.
1. VP Pence, presiding over the joint session (or Senate Pro Tempore Grassley, if Pence recuses himself), begins to open and count the ballots, starting with Alabama (without conceding that the procedure, specified by the Electoral Count Act, of going through the States alphabetically is required).
2. When he gets to Arizona, he announces that he has multiple slates of electors, and so is going to defer decision on that until finishing the other States. This would be the first break with the procedure set out in the Act.
3. At the end, he announces that because of the ongoing disputes in the 7 States, there are no electors that can be deemed validly appointed in those States. That means the total number of “electors appointed” – the language of the 12th Amendment -- is 454. This reading of the 12th Amendment has also been advanced by Harvard Law Professor Laurence Tribe (here). A “majority of the electors appointed” would therefore be 228. There are at this point 232 votes for Trump, 222 votes for Biden. Pence then gavels President Trump as re-elected.
Not one single black American has their vote counted if the live in Arizona Nevada Michigan Pennsylvania Georgia Wisconsin and New Mexico.
So Biden loses to Trump just like that.
A “majority of the electors appointed” would therefore be 228.
There are at this point 232 votes for Trump, 222 votes for Biden.
“”” PRIVILEGED AND CONFIDENTIAL January 6 scenario 7 states have transmitted dual slates of electors to the President of the Senate.
READ: Trump lawyer's memo on six-step plan for Pence to overturn the election
By: CNN Updated 8:20 AM EDT, Tue September 21, 2021 21SEP21-EASTMANplan-00 TRUMP-Jan6-COUPattempt
John Eastman, a conservative lawyer working with then-President Donald Trump's legal team, outlined in a two-page memo a scheme to try to persuade then-Vice President Mike Pence to subvert the Constitution and throw out the 2020 election results on January 6.