Mr. Trump's Misuse of Official Power Through the Justice Department

¶As his efforts to directly pressure state officials to discount legitimate votes failed and the fraudulent elector plan unfolded, Mr. Trump also tried another tack: he attempted to wield federal power to perpetuate his fraud claims and retain office. Mr. Trump was frustrated with the Justice

Department because its criminal investigations had identified no evidence of substantial fraud 62 and the Attorney General had publicly acknowledged this fact in an interview on December 1 by

¶saying, among other things, "to date, we have not seen fraud on a scale that could have effected a different outcome in the election."⁶³⁶³ See ECF No. 252 at 158-159 & n.705; SCO-00689680 at 2 (Michael Balsamo, Disputing Trump, Barr says no widespread election fraud, ASSOCIATED PRESS, Dec. 1, 2020). As a result, Mr. Trump considered appointing Co-Conspirator 4-a Justice Department attorney who worked on civil matters-to be the Acting Attorney General, because as described below, Co-Conspirator 4 was willing to use the Justice Department to spread Mr. Trump's lies and pressure targeted states to overturn election results.⁶⁴⁶⁴ SCO-00775937 at 62, 107 (HSC Tr.); SCO-04957448 at 46-51 (SJC Tr.); SCO-11522446 at 23-24 (Int. Rep.); SCO-11511407 at 177-183 (Int. Tr.); SCO-11542142 at 90-98 (Int. Tr.); SCO-115173 80 at 96-99 (Int. Tr.).

¶Throughout the post-election period, Justice Department officials reviewed Mr. Trump's claims of election fraud, found no support for any of them, and informed him of such.⁶⁵⁶⁵ See, e.g., SCO-00775937 at 47-58 (HSC Tr.); SCO-00764172 at 18-19 (HSC Tr.). In one such discussion, when the Acting Attorney General advised Mr. Trump that the Justice Department could not just "snap its fingers" and change the election outcome,⁶⁶⁶⁶ SCO-00775937 at 58 (HSC Tr.); SCO-12263324 at 8 (Handwritten notes 12/27/2020). Mr. Trump told the Acting Attorney General and Acting Deputy Attorney General that they should "just say that the election was corrupt and leave the rest to me and the Republican congressmen."⁶⁷⁶⁷ SCO-00775937 at 58 (HSC Tr.); SCO-12263324 at 9 (Handwritten notes 12/27/2020). In the same call, alluding to replacing Justice Department leadership if they did not do as he directed, Mr. Trump also said, "people tell me [Co-Conspirator 4] is great. I should put him in."⁶⁸⁶⁸ SCO-12264603 at 88 (SJC Tr.); see also SCO-0077593 7 at 62 (HSC Tr.). Mr. Trump knew about Co-Conspirator 4 because he had been introduced to Co-Conspirator 4 by a

¶Member of Congress and had been secretly engaging with Co-Conspirator 4, who was communicating with Mr. Trump in contravention of policies designed to protect the independence of the Justice Department.⁶⁹⁶⁹ SCO-02270007 (Email from Co-Conspirator 4 12/22/2020) (coordinating arrival); SCO-04957448 at 84-86 (SJC Tr.); SCO-12420899, SCO-12420900 (Email with attachment 11/11/2020) (memo regarding White House communications); SCO-00827266 at 54-58 (HSC Tr.); SCO-12941569 (Signal messages between Co-Conspirator 4 and Member of Congress 12/21/20); SCO-12947964 (Signal messages between Co-Conspirator 4 and Member of Congress 12/22/20); SCO-12947874, SCO-12947878 (Signal messages between Co-Conspirator 4 and Member of Congress, with attachment 12/21/20).Show full note

¶On December 28, as his secret communications with Mr. Trump continued, Co-Conspirator 4 emailed the Acting Attorney General and Acting Deputy Attorney General a proposed letter that falsely claimed that the Justice Department had "identified significant concerns that may have impacted the outcome of the election in multiple States" and recommended that those state legislatures convene in special session to reconsider certification

¶° of their electoral votes.⁷⁷ See, e.g., ECF No. 252 at 10; SCO-02244118 at 11-12, 14-19 (Remarks by Mr. Trump at Save America Rally 01/06/2021); SCO-04949418 at 04:15:22-04:31:46 (Video of Save America Rally O1/06/2021); SCO-04976462 at 18:34-19:12 (Video of Speech at White House 12/02/2020); SCO-00455939 (Donald J. Trump Tweet I 1/19/2020); SCO-04976283 at 01:00:43-01:14:24 (Video of Dalton, GA speech 01/04/2021); SCO-04976275 at 22:00-22:40 (Video of Valdosta, GA speech 12/05/2020); SCO-00455041 (Donald J. Trump Tweet O1/02/2021); SCO-00456153 (Donald J. Trump Tweet 11/12/2020); SCO-00456144 (Donald J. Trump Tweet 11/13/2020); SCO-00456102 (Donald J. Trump Tweet I 1/14/2020); SCO-00456066 (Donald J. Trump Tweet 11/15/2020); SCO-00455969 (Donald J. Trump Tweet 11/18/2020); SCO-04976266 at 20:10-37:50 (Video of Thanksgiving Call to Troops 11/26/2020). The Future of the Independent Counsel Act: Hearings before the S. Comm. on Governmental Affairs,Show full note Co-Conspirator 4 proposed to "send it to the Governor, Speaker, and President pro temp of each relevant state to indicate that in light of time urgency and sworn evidence of election irregularities presented to courts and to legislative committees, the legislatures thereof should each assemble and make a decision about elector appointment in light of their deliberations." 71 Within about an hour of receiving the draft letter, the Acting Deputy Attorney General pointedly rejected Co-Conspirator 4's proposal, writing, '"I know of nothing that would support the statement, 'we have identified significant concerns that may have impacted the outcome of the election in multiple states. "'⁷²⁷² SCO-12392895 (Email to Co-Conspirator 4 12/28/2020). He also observed that the Justice Department had no role in states' administration of their own elections, writing, "I cannot imagine a scenario in which the Department would recommend that a State assemble its

legislature to determine whether already-certified election results should somehow be overridden by legislative action."⁷³⁷³ Id. Nonetheless, Mr. Trump continued to circumvent Justice Department leadership and engage directly with Co-Conspirator 4. With Mr. Trump's intervention, Co-Conspirator 4 obtained a highly classified briefing on foreign interference in the 2020 election on January 2, 2021-a briefing that yielded nothing to support the conspirators' allegations, as demonstrated

¶by contemporaneous electronic messages between Co-Conspirator 4 and the same Member of Congress who had introduced Co-Conspirator 4 to Mr. Trump.⁷⁴⁷⁴ SCO-12946533 at 2 (Signal messages between Co-Conspirator 4 and Member of Congress 01/02/2021) ("Bottom line is there is nothing helpful to P."). Yet the following day, Mr. Trump attempted to install Co-Conspirator 4 as the Acting Attorney General. On January 3, after Mr. Trump offered the position to Co-Conspirator 4 and Co-Conspirator 4 informed Justice Department senior leadership that he was accepting it,⁷⁵⁷⁵ SCO-04957448 at 157-159 (SJC Tr.). Mr. Trump, Co-Conspirator 4, and senior officials from the Justice Department and White House Counsel's Office gathered for a hastily scheduled meeting in the Oval Office.⁷⁶⁷⁶ SCO-12264603 at 47-48 (SJC Tr.); SCO-04957448 at 46-48 (SJC Tr.); SCO-11522446 at 23-24 (Int. Rep.); SCO-11542142 at 95 (Int. Tr.). Mr. Trump made clear that he wanted to appoint Co-Conspirator 4 because Co-Conspirator 4 would cause the Justice Department to send to the targeted states the false letter that the Acting Attorney General and the Acting Deputy Attorney General had rejected as inaccurate and improper.⁷⁷⁷⁷ SCO-12264603 at 49, 152-153 (SJC Tr.); SCO-04957448 at 48-52 (SJC Tr.); SCO-11542142 at 97- 100 (Int. Tr.). Mr. Trump ultimately did not do so only because he was informed that if he did, mass resignations within the Justice Department and the

¶White House would result in Co-Conspirator 4 "leading a graveyard."⁷⁸⁷⁸ SCO-00709557 at 159 (SJC Tr.); SCO-11542142 at 99 (Int. Tr.); see also SCO-0077593 7 at 125 (HSC Tr.). Near the end of the meeting, when Co-Conspirator 4 raised the idea of the Justice Department opining on the Vice President's role during the congressional certification, Mr. Trump told all those assembled that no one other than him should be talking to the Vice President.⁷⁹⁷⁹ SCO-11517380 at l 0 1- I04 (Int. Tr.).