Mr. Trump's Fraudulent Elector Plan

¶As December 14-the date the ECA required each state's electors to vote and send their certificates of vote to Congress-approached, Mr. Trump and co-conspirators launched another plan. Under this plan, they would organize the people who would have served as Mr. Trump's electors, had he won the popular vote, in seven states that Mr. Trump had lost-Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin-and cause them to sign and send to Washington false certifications claiming to be the legitimate electors.³⁹³⁹ See ECF No. 252 at 48, 56 & n.301; SCO-02341381 (Fraudulent "Arizona's Electoral Votes for President and Vice President"); SCO-02341386 (Fraudulent "Georgia's Electoral Votes for President and Vice President"); SCO-02341398 (Fraudulent "Michigan's Electoral Votes for President and Vice President"); SCO-02341415 (Fraudulent "Nevada's Electoral Votes for President and Vice President"); SCO-02341409 (Fraudulent "New Mexico's Electoral Votes for President and Vice President"); SCO-02341435 (Fraudulent "Pennsylvania's Electoral Votes for President and Vice President"); SCO-02341449 (Fraudulent "Wisconsin's Electoral Votes for President and Vice President").Show full note Ultimately, as explained below, Mr. Trump and co-conspirators used the fraudulent certificates to try to obstruct the congressional certification proceeding. The fraudulent elector plan's arc is reflected in a series of memoranda drafted in late November and early December by Co-Conspirator 5, who initially portrayed it as a contingency to preserve the possibility that Mr. Trump's electors' votes would be counted on January 6 if he prevailed in ongoing election litigation.⁴⁰⁴⁰ See ECF No. 252 at 48-49 & nn.250-253; SCO-00310619 (Co-Conspirator 5 memo 11/18/2020); SCO-00310626 (Co-Conspirator 5 memo 12/06/2020); SCO-00039311 (Co-Conspirator 5 memo 12/09/2020). But as described below, the plan quickly transformed into a corrupt strategy to obstruct the certification proceeding and overturn the valid election results.⁴¹⁴¹ See ECF No. 252 at 48-49 & nn.250-253; SCO-00310626 (Co-Conspirator 5 memo 12/06/2020); SCO-00039311 (Co-Conspirator 5 memo 12/09/2020); SCO-00039408 (Email from Co-Conspirator 5 12/08/2020).

¶Mr. Trump set the fraudulent elector plan into motion in early December, ensured that it was carried out by co-conspirators and Campaign agents in the targeted states, and monitored its progress. On December 6, for instance, Mr. Trump and Co-Conspirator 2 called the Chairwoman of the Republican National Committee and told her that it was important for the RNC to help organize Mr. Trump's elector nominees in the targeted states.⁴²⁴² See ECF No. 252 at 50 & nn.258-260; SCO-00009955 at 8-1 0; SCO-00806514 at 7-10 (HSC Tr.). During the call, Co-Conspirator 2 told a lie that the co-conspirators would use to induce the cooperation of many of the fraudulent electors: that Mr. Trump's electors' votes would be used only if ongoing litigation in their state proved successful for Mr. Trump.⁴³⁴³ See ECF No. 252 at 50 & nn.258-260; SCO-00009955 at 10; SCO-00806514 at 9-10 (HSC Tr.). From that point on, Mr. Trump communicated with Co-Conspirators 1 and 2 about the plan, and they in turn communicated with Co-Conspirators 5 and 6.⁴⁴⁴⁴ See ECF No. 252 at 50-51 & nn.266-267, 64 & nn.344-345, 65 & n.353; SCO-00245354 (Email among Campaign staff 12/14/2020); SCO-11572270 (Email from Co-Conspirator 6 12/09/2020); SCO-04858082 (Text messages between Campaign staff and Senior Advisor 12/13/2020); SCO-03661463 (Email from Co-Conspirator 5 12/11/2020); SCO-00039102 (Email from Co-Conspirator 6 to Co-Conspirator 5 12/10/2020); SCO-00039461 (Email from Co-Conspirator 5 to Co-Conspirator 6 and others 12/11/2020); SCO-00309939 (Email fromShow full note At Co-Conspirator 1's direction, Co-Conspirator 5 generated and sent directions to the Trump electors in each targeted state on how best to mimic the manner in which the state required valid electors to gather and vote,⁴⁵⁴⁵ See ECF No. 252 at 51-52 & n.274; SCO-000393 I l (Co-Conspirator 5 memo 12/09/2020); SCO-03660671 (Email from Co-Conspirator 6 to Co-Conspirator 5 12/11/2020); SCO-03661463 (Email from Co-Conspirator 5 12/11/2020); SCO-00039412 (Email from Co-Conspirator 5 to others, including Co-Conspirator l and Co-Conspirator 6 12/10/2020); SCO-00310094 (Email from Co-Conspirator 5 to Co-Conspirator l 12/10/2020); SCO-00039381 (Email from Co-Conspirator 5 12/10/2020); SCO-03660648 (Email from Co-Conspirator 5 12/10/2020); SCO-03660731 (Email from Co-Conspirator 5 12/10/2020); SCO-00039442 (Email from Co-Conspirator 5 12/10/2020); SCO-05396682 (Text message from Co-Conspirator 6 12/13/2020); SCO-05389962-SCO-05389971 (Text messages between Campaign staffer and Co-Conspirator 5 12/13/2020).Show full note and Campaign staff and agents helped carry out Co-Conspirator 5 's plans.⁴⁶⁴⁶ See ECF No. 252 at 51 & n.268; SCO-00310140 (Email from Co-Conspirator 6 12/09/2020); SCO-03660557 (Email from Co-Conspirator 6 to others, including Co-Conspirator l and Co-Conspirator 5 12/10/2020); SCO-00039412 (Email from Co-Conspirator 5 to others, including Co-Conspirator 1 and Co-Conspirator 6 12/10/2020); SCO-0539013l-SCO-05390136 (Text messages between Co-Conspirator 6, Co-Conspirator 5, and Campaign staffer 12/11/2020); SCO-00430180 (Text messages between Co-Conspirator 6 and Campaign staffer 12/11/2020); SCO-00309359 (Email to Co-Conspirator 1 and Co-Conspirator 6 12/14/2020); SCO-00405057 (Email among Campaign staff 12/15/2020); SCO-06452193 (Email among Campaign staff 12/12/2020); SCO-00312444 (Text messages among Co-Conspirator 1, Co-Conspirator 6, and others 12/12/2020); SCO-12185268 (Email from Co-Conspirator 6 to Co-Conspirator l and others 12/13/2020); SCO-03656456 (Email from Co-Conspirator 5 to Campaign staffer 01/05/2021); SCO-00039215 (Email to Co-Conspirator 5 01/05/2021); SCO-04022107 (Email to Co-Conspirator 5 01/05/2021); SCO-04022176 (Text messages from Co-Conspirator 5 01/05/2021); SCO-12804411 (Text messages from Co-Conspirator 5 0 l /06/2021 ); SCO-12804414 (Text messages between Co-Conspirator 5 and Campaign staffer 01/05/2021); SCO-03666178 (Email from Co-Conspirator 5 01/05/2021); SCO-00038522, SCO-00038523, SCO-00038527 (Email with attachments 01/07/2021).Show full note

¶For the most part, the co-conspirators deceived Mr. Trump's elector nominees in the targeted states by falsely claiming that their electoral votes would be used only if ongoing litigation were resolved in Mr. Trump's favor.⁴⁷⁴⁷ See, e.g., ECF No. 252 at 53 & n.282; see, e.g., SCO-12949797 at 82-83 (Int. Tr.); SCO-11547433 at 4, 6 (Int. Rep.); SCO-00009540 at 15-16; SCO-00017495 at 42-45; SCO-11551879 at 51-55 (Int. Tr.); SCO-00017100 at 53- 55; SCO-11548772 at 75-85 (Int. Tr.); SCO-11568208 at 107-109; SCO-11514688 at 6-7 (Int. Tr.); SCO-12832045 at 75-78 (Int. Tr.); SCO-12808771 at 24-30, 40-41 (Int. Tr.); SCO-11523905 at 153-154 (Int. Tr.); SCO-12741405 (Email from Co-Conspirator 5 12/14/2020); see also SCO-00310647 (Email to Co-Conspirator 1, Co-Conspirator 5, Co-Conspirator 6, and others 12/11/2020).Show full note Indeed, the co-conspirators deliberately

¶Co-Conspirator 5 to Co-Conspirator 1 12/13/2020); SCO-02296764 (Presidential Daily Diary 12/23/2020); SCO-02296763 at 7 (Presidential Daily Diary, Flight Manifest 12/23/2020); SCO-11618747 at 115, 156-158, 166- 169 (Text messages including Co-Conspirator 6); SCO-0230 l 0 15 at 4 (Presidential Daily Diary 01/04/2021).

¶withheld from the elector nommees information showing otherwise.⁴⁸⁴⁸ See ECF No. 252 at 53 & n.282; SCO-03660393 (Email from Co-Conspirator 5 to Campaign staff 12/10/2020); SCO-03660734 (Co-Conspirator 5 streamlined memo 12/10/2020); SCO-11509937 at 257-260 (Int. Tr.). This deception was crucial to the conspiracy, as many who participated as fraudulent electors would not have done so had they known the true extent of the co-conspirators' plans.⁴⁹⁴⁹ See, e.g., SCO-12949797 at 121 (Int. Tr.) (Trump Elector: "Nobody-nobody suggested, hey, you know what, let's just get this signed because we're gonna put pressure on ... Pence on the 6th. Cause if I had known that was the plan, I wouldn't have signed a contingent on it."); SCO-00017495 at 57-58; SCO-11551879 at 89-90 (Int. Tr.) ("Q: [W]ould you have agreed to this plan if you knew that the forms you were signing might be used to delay or prevent the certification of the election on January 6, [2021]? Trump Elector: Nobody told me, and I don't remember anything, so no. And I would not agree for-if somebody else use this ... for some other reasons. Q: And ... did anyone ever inform you that the documents you were signing on December 14, 2020 might be used as a reason not to count Georgia's electoral votes during the certification of the election on January 6, 2021? A: No, nobody told me. Q: Would you have agreed to that? Trump Elector: No."); SCO-00017100 at 54-55; SCO-11548772 at 79 (Int. Tr.) (Trump Elector: "[M]y expectation was that the electoral votes that were cast were, were in the event that President Trump won New Mexico ... and not to be used for any other purpose."); SCO-11568208 at 108; SCO-12832045 at 75 (Int. Tr.) ("Q: [W]ould you have wanted to know, before you cast that vote, if somebody else intended to use your vote to delay the certification, regardless of the outcome of the certification? Trump Elector: I never thought about that. Q: Is that something that would've mattered to you when you were deciding whether or not to cast the vote if, if they were gonna use it that way? Trump Elector: Yes, it would've mattered. . . . Because that's unethical. Q: Okay. And would it have mattered to you if somebody was going to try to convince Vice President Pence that he could just pick between these things, regardless of litigation? Would you have wanted to know that before you cast your vote? Trump Elector: ... I hadn't thought of something that high up, quite frankly. But my vote was not cast to be used for anything that was unethical, illegal, immoral, or not justified."); SCO-12808771 at 29, 40 (Int. Tr.) (Q: "[The certificates] were only to be used in the case that ... something actually changed the outcome of the election in New Mexico? Trump Elector: That's correct. Q: And that was important to you? Trump Elector: Yes. . . . Q: And were you surprised by [how the certificates were used on January 6th]? Trump Elector: Extremely surprised.").Show full note Not all of Mr. Trump's elector nominees were persuaded, forcing the co-conspirators to recruit substitutes in some of the targeted states. 5° For example, one Trump elector nominee in Pennsylvania recognized the plan as "illegal" and an attempt "to overthrow the Government," and he declined to participate.⁵¹⁵¹ SC0-11531008 at 10, 79 (Int. Tr.). Conversely, a select few of Mr. Trump's agents and elector nominees had insight into the

ultimate plan to use the fraudulent elector certificates to disrupt the congressional certification on January 6 and willingly assisted.⁵²⁵² See ECF No. 252 at 53 & n.283; SCO- I 2876963 at 03:15-05:09 (Audio of Interview 12/ I 6/2020); SCO-1 I 572270 (Email from Co-Conspirator 6 12/09/2020). On December 9, after a phone call with Co-Conspirator 5,

¶one of the Campaign's agents wrote in an email that Co-Conspirator S's plan for the electors to "send[] in 'fake' electoral votes to Pence" was "[k]ind ofwild/creative."⁵³⁵³ SCO- I 1572270 at 2 (Email to Co-Conspirator 6 12/08/2020). Two and a half hours later, he replied to his own email and, as cover, wrote that "'alternative' votes is probably a better term than 'fake' votes" and that he agreed with a suggestion "to keep [the plan] under wraps until Congress counts the vote on Jan. 6th."⁵⁴⁵⁴ Id. at 1. (HSC Tr.). See ECF No. 252 at 38 & n.193; SCO-12876770 at 02:20-04:13 (Video of Interview with CNN 11/11/2020); In each of the targeted states, Mr. Trump and his co conspirators successfully organized enough elector nominees and substitutes to gather on December 14, cast fraudulent electoral votes on his behalf, and send them to Washington, D.C., for the congressional certification 55-a fact that the RNC Chairwoman relayed to Mr. Trump on the evening of December 14.⁵⁶⁵⁶ See ECF No. 252 at 57-58 & nn.308-310; SCO-00009955 at 64-66; SCO-00806514 at 18 (HSC Tr.); SCO-02270392 (Emails between RNC Chairwoman and Trump Executive Assistant 12/14/2020).

¶At the same time that Mr. Trump's elector nominees in the targeted states were preparing to gather and cast fraudulent votes, his co-conspirators were planning to use them to overturn the election results at the January 6 certification. On December 13, Co-Conspirator 5 sent Co-Conspirator 1 a memorandum that envisioned a scenario in which the Vice President would use the fraudulent slates to claim that there were dueling slates of electors from the targeted states and negotiate a solution for Mr. Trump to seize power.⁵⁷⁵⁷ See ECF No. 252 at 58 & n.312; SCO-05390160 (Text message from Co-Conspirator 6 to Co-Conspirator 5 and Campaign staffer 12/12/2020); SCO-00309946 (Email from Co-Conspirator 5 to Co-Conspirator 1 12/13/2020). And on December 16, Co-Conspirator 5 traveled to Washington with a group of private attorneys who had done work for Mr. Trump's Campaign in Wisconsin for a meet-and-greet with Mr. Trump in the Oval Office;⁵⁸⁵⁸ See ECF No. 252 at 58 & n.315; SCO-00039255 (Email to Co-Conspirator 5 and others 12/15/2020); SCO-02337874, SCO-02337893, SCO-02337993 (Photographs of Oval Office Meeting 12/16/2020); SCO-02297155 at 2 (Presidential Daily Diary 12/16/2020); SCO-02297163 at 12-13 (Presidential Daily Diary 12/16/2020); SCO-115 I 0314 at 86-90 (Int. Tr.). as the group left, Co-Conspirator 5 had a direct, private conversation with Mr. Trump.⁵⁹⁵⁹ See ECF No. 252 at 59 & n.317; SCO-11621981 at 48-52 (Int. Tr.).

¶Days later, on December 19, Mr. Trump publicly posted a Tweet demonstrating his own focus on the certification proceeding and directing his supporters to gather in Washington, D.C., to oppose it. At 1:42 a.m., he posted a copy of a report falsely alleging outcome-determinative election fraud and wrote, "Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!"⁶⁰⁶⁰ See ECF No. 252 at 60 & n.319, 136 & n.632; SCO-00455253, SCO-12987427 (Donald J. Trump Tweet 12/19/2020). That same day, Co-Conspirator 5 notified another attendee of the December 16 Oval Office meeting of Mr. Trump's Tweet, and he indicated that Mr. Trump had privately foreshadowed his plans for January 6, writing, "Wow. Based on 3 days ago, I think we have unique understanding of this."⁶¹⁶¹ See ECF No. 252 at 60 & n.320; SCO-12982941 at 2 (Text messages from Co-Conspirator 5 12/19/2020).