If Trump was truly acting
in his role as Head of the Executive branch,
he simply could have told Pence what to do,
to return the electoral votes to the states. Trump would not have needed someone like John Eastman to try to convince Pence it was legal for him to return the electoral votes to the states. It would have been an Executive Branch duty that Trump could have ordered. This alone proves that Trump was not acting as the Head of the Executive Branch directing Pence, and had NO AUTHORITY to tell Pence what to do. Therefore, none of Trump's browbeating of Pence--trying to get Pence to break the law and send the electoral votes back--were OFFICIAL ACTS.