Prosecuting Mr. Trump Served Multiple Substantial Federal Interests

¶Mr. Trump's prosecution served multiple federal interests, including the federal interest in the integrity of the United States' process for collecting, counting, and certifying presidential elections, and in a peaceful and orderly transition of presidential power; the federal interest in ensuring that every citizen's vote is counted; the federal interest in protecting public officials and government workers from violence; and the federal interest in the fair and even-handed enforcement of the law. All of these federal interests, which are rooted in the law, the Constitution, and our basic democratic values, are substantial and command protection from Mr. Trump's criminal design to subvert them.

The substantial federal interest in protecting the integrity of the electoral process and the peaceful transfer of power was served by Mr. Trump's prosecution. As set forth above, the investigation revealed that Mr. Trump and others conspired to use

¶false claims of election fraud to attempt to disrupt the United States' electoral process and obstruct the congressional certification of the 2020 presidential election results. Prosecution for that conduct thus vindicated abiding federal interests in protecting the electoral process and the previously unbroken tradition-before Mr. Trump's charged conduct-of a peaceful transition of presidential power from one administration to the next. These federal interests are fundamental to our system of government, favoring no particular administration or political party. Indeed, electoral processes like selecting the president are "necessarily structured to maintain the integrity of the democratic system." Burdick, 504 U.S. at 441. "Preserving the integrity of the electoral process" and "preventing corruption ... are interests of the highest importance." First Nat. Bank ofBoston v. Bellotti, 435 U.S. 765, 788-789 (1978).

¶The Office was cognizant of Mr. Trump's free speech rights during the investigation and would not have brought a prosecution if the evidence indicated he had engaged in mere political exaggeration or rough-and-tumble politics. See supra at Section II.D (First Amendment defense discussion); Robert Jackson, The Federal Prosecutor, Address Delivered at the Second Annual Conference of United States Attorneys (April 1, 1940) ("In the enforcement of laws that protect our national integrity and existence, we should prosecute any and every act of violation, but only overt acts, not the expression of opinion, or activities such as the holding of meetings, petitioning of congress, or dissemination of news or opinions.") (emphasis in original). As set forth in the original and superseding indictments, Mr. Trump had "a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud in the election and that he had won." ECF No. 1 at ,r 3; ECF No. 226 at ,r 3. He also had lawful recourse to challenge the election results, including through lawsuits, recounts, and audits. In fact, Mr. Trump and his allies vigorously pursued these methods of contesting the election results, but they were unsuccessful.

¶After election day, Mr. Trump or his Campaign were plaintiffs or intervenors in at least sixteen lawsuits seeking to change the outcome of the election,¹⁹⁴¹⁹⁴ In re Enforcement of Election Laws and Securing Ballots Cast or Received after 7:00 p.m. on Nov. 3, 2020, No. SPCV20-00982 (Chatham County, Ga. Super. Ct.); Donald J Trump for President Inc. v. Boockvar, No. 602-md-2020 (Pa. Commw. Ct.); Aguilera v. Fontes, No. 20-cv-14083 (Maricopa County, Az. Super. Ct.); Donald J. Trump for President Inc. v. Benson, No. 20-000225-MZ (Mich. Ct. Cl.); Donald J Trump for President Inc. v. Philadelphia County Bd. of Elections, No. 20-cv-5533 (E.D. Pa.); Donald J. Trump for President Inc. v. Montgomery County Bd. of Elections, No. 2020-18680 (Montgomery County, Pa. Ct. Com. Pis.); Donald J Trump for President Inc. v. Hobbs, No. 2020-cv-0 I 4248 (Maricopa County Ariz. Super. Ct.); Donald J. Trump for President Inc. v. Boockvar, No. 20-cv-02078 (M.D. Pa.); Donald J. Trump for President Inc. v. Benson, No. 20-cv- l 083 (W.D. Mich.); Trump v. Evers, No. 2020-AP- l 97 l (Wis. Sup. Ct.); Trump v. Wisconsin Election Commission, No. 20-cv-1785 (E.D. Wis.); Trump v. Eiden, No. 2020-cv- 7092, No. 2020-cv-2514 (Cir. Ct. Wis.); Donald J. Trump for President Inc. v. Rajfensperger, No. 2020-cv-343255 (Fulton County, Ga. Super. Ct.); Texas v. Pennsylvania, 141 S. Ct. 1230 (2020); Donald J. Trump for President Inc. v. Toulouse-Oliver, No. 20-cv-0 1289-MV (D.N.M.); Kemp, No. 20-cv-5310 (N.D. Ga.).Show full note and Mr. Trump's supporters filed dozens of other such lawsuits,¹⁹⁵¹⁹⁵ See, e.g., Costantino v. City of Detroit, No. 20-14780 (Wayne County, Mich. Cir. Ct.); Republican Party of Arizona v. Fontes, No. 2020-cv-0 14553 (Maricopa County, Az. Super. Ct.); Law v. Whitmer, 20 OC 00163188 (First Jud. Ct. Carson City, Nev.); Ward v. Jackson, No. 2020-cv-015285 (Maricopa County, Az. Super. Ct.); Pearson v. Kemp, No. 18-cv-04809 (N.D. Ga.); Kingv. Whitmer, No. 20-cv-13134 (E.D. Mich.).Show full note but all of these failed to change the outcome in any state. Mr. Trump pursued recounts in only two states-a statewide machine recount in Georgia and a recount in Wisconsin's Milwaukee and Dane Counties-and both served only to confirm the previously reported result (in Wisconsin, the recount increased Mr. Trump's margin of loss).¹⁹⁶¹⁹⁶ See ECF No. 252 at 28 & n.131, 33-34 & n.167, 41 & n.207; SCO-12847178 (Georgia Secretary of State News Release 12/29/2020); SCO-03656876 (Wisconsin Order for Recount 11/19/2020); SCO-06613715 (Wisconsin Statement of Canvass 11/30/2020); Trump v. Eiden, 394 Wis.2d 629, 633 (Wis. 2020). Following public requests, Secretaries of State in Georgia and Michigan ordered additional audits and recounts-in Georgia, a statewide hand recount and an audit in Cobb County, and in Michigan, a statewide audit and a hand recount in Antrim County, where Mr. Trump seized on claims of a clerk's temporary clerical error-but all merely confirmed previously reported results.¹⁹⁷¹⁹⁷ See ECF No. 252 at 12 & n.39, 28 & n.131, 46 & nn.241-243; SCO-04976281 at 03:22-04:16 (Video of Interview 01/02/2021); SCO-12847178 (Georgia Secretary of State News Release 12/29/2020); SCO-04957382 (Michigan Secretary of State News Release 12/17/2020); SCO-04952782 at 33 (Michigan Bureau of Elections, Audits of the November 3, 2020 General Election 04/21/2021).

¶The conduct of Mr. Trump and co-conspirators, however, went well beyond speaking their minds or contesting the election results though our legal system. Instead, Mr. Trump targeted a key federal government function-the process by which the United States collects, counts, and ce1iifies the results of the presidential election-and sought to obstruct or defeat it through fraud and deceit. He did so using knowingly false claims of election fraud to attempt to induce state officials to reject citizens' votes and instead appoint Mr. Trump's electors; when he deceived his electors and caused them to falsify electoral certificates and submit them to Congress; when he attempted to enlist Mr. Pence with false claims of election fraud and pressure;

¶and when he used, and attempted to leverage, an angry crowd of his supporters-fueled by Mr. Trump's lies-to stop the certification proceeding.

¶Mr. Trump did this in contravention of the Framers' intent to prevent a sitting President from perpetuating himself in power. "In free Governments," Benjamin Franklin explained, "the rulers are the servants, and the people their superiors & sovereigns."²² (Congressional Record 01/06/2021). The Records of the Federal Convention of 1787, at 120 (Max Farrand ed., 1911). Although the Framers recognized "the necessity of an energetic Executive," they justified and checked his power by ensuring that he always retained "a due dependence on the people." THE FEDERALIST No. 70 (A. Hamilton); see Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197, 223-224 (2020). As the Supreme Court noted in Trump, "[t]he President ... plays no direct role in the process [of appointing electors], nor does he have authority to control the state officials who do. And the Framers, wary of 'cabal, intrigue and corruption,' specifically excluded from service as electors 'all those who from situation might be suspected of too great devotion to the president in office."' 603 U.S. at 627-628 (quoting THE FEDERALIST No. 68, at 459 (A. Hamilton) (J. Cooke ed., 1961)). Accordingly, Article II of the U.S. Constitution provides that "no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector." U.S. CONST. art. II, § 1, cl. 2. The considerable federal interest in protecting the integrity of the United States' electoral process weighed in favor of proceeding with Mr. Trump's prosecution.

¶So too did the federal interest m defending from future harm the United States' exceptional tradition of peaceful transitions of presidential power. That tradition was initiated by George Washington when he announced in his September 1796 Farewell Address that he would decline to seek a third term, followed by John Adams when he relinquished the power of the presidency to his political rival Thomas Jefferson after the election of 1800, and continued by every sitting President until 2020-even through the turbulent Civil War and Reconstruction eras. And Congress and the courts have also recognized the federal interest in orderly presidential transitions. See, e.g., Presidential Transition Act of 1963, Pub. L. 88-277,⁷⁸⁷⁸ SCO-00709557 at 159 (SJC Tr.); SCO-11542142 at 99 (Int. Tr.); see also SCO-0077593 7 at 125 (HSC Tr.). Stat. 153, 153-154, § 2 (legislation "to promote the orderly transfer of the executive power" because "[a]ny disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people"); Trump v. Thompson,²⁰²⁰ Electoral Count Act, 3 U.S.C. §§ 5-11. OC00163 IB, Order at 13-24, 28-34 (Nev. Dist. Ct. Dec. 4, 2020), https://electioncases.osu.edu/wp content/uploads/2020/11/Law-v-Gloria-Order-Granting-Motion-to-Dismiss.pdf [https://perma.cc/32U2-BTA6]; ECF No. 262, United States v. Trump, No. 23 Cr. 80101 (S.D. Fla. Jan. 16, 2024). F.4th 10, 16-17 (D.C. Cir. 2021) (recognizing Congress's "unique legislative need" for documents "directly relevant to the ... inquiry into an attack on the Legislative Branch and its constitutional role in the peaceful transfer of power"); United States v. Tarrio, 605 F. Supp. 3d 73,⁷⁸⁷⁸ SCO-00709557 at 159 (SJC Tr.); SCO-11542142 at 99 (Int. Tr.); see also SCO-0077593 7 at 125 (HSC Tr.). (D.D.C. 2022) (when assessing "very serious" nature and circumstances of a January 6-related offense, court observed that "[t]hey involve, among other things, an alleged conspiracy to obstruct the certification of the Electoral College vote and thus to interfere with the peaceful transfer of power, one of our Nation's crown jewels").

¶In his first inaugural address, President Ronald Reagan remarked on the country's tradition of a peaceful transition of presidential power:

To a few of us here today this is a solemn and most momentous occasion, and yet in the history of our nation it is a commonplace occurrence. The orderly transfer of authority as called for in the Constitution routinely takes place, as it has for almost two centuries, and few of us stop to think how unique we really are. In the eyes of many in the world, this every-4-year ceremony we accept as normal is nothing less than a miracle.

¶Inaugural Address (1981 ). In connection with preserving that tradition, Vice Presidents have presided over the certification of their own election losses. In 1961, then-Vice President Richard M. Nixon fulfilled his role as President of the Senate at the January 6 certification proceeding, announcing that John F. Kennedy had won the presidency. In so announcing his own defeat, Nixon stated,

This is the first time in 100 years that a candidate for the Presidency announced the result of an election in which he was defeated and announced the victory of his opponent. I do not think we could have a more striking and eloquent example of the stability of our constitutional system and of the proud tradition of the American people of developing, respecting, and honoring institutions of self government.¹⁰⁷¹⁰⁷ See ECF No. 252 at 78 & n.444; see also, e.g., SCO-11506080 at 01:09:30 (Video of Save America Rally 01/06/2021); SCO-12918852 (Video of March to Capitol 01/06/2021); SCO-12919559 at 01:30-02:52 (Video of March to Capitol 01/06/2021); SCO-066146 I 9 at 21:13-22:07 (Video ofFox News Coverage 01/06/2021). CONG. REC. 291 (Jan. 6, 1961). And in 2001, after a hard-fought legal dispute over the 2000 presidential election, Vice President Albert Gore Jr. similarly presided over the certification of his opponent, George W. Bush, as President-elect. See 147 CONG. REC.¹⁰¹¹⁰¹ See ECF No. 1 at~ 98; SCO-00015613 at 155-156. (Jan. 6, 2001). Protecting the well-established American tradition of a peaceful transfer of power weighed in favor of prosecution.

The substantial federal interest in counting every citizen's vote was served by Mr. Trump's prosecution. Few federal interests are stronger in our representative democracy than that of protecting

¶every eligible citizen's right to vote and to have that vote counted. The evidence establishes that in contravention of that right, Mr. Trump urged state officials to disregard the legitimate majority of votes for Mr. Biden and instead appoint Mr. Trump's electors; pressured and threatened Georgia's Secretary of State to "find" more than 11,000 votes to dilute the legitimate vote count and allow Mr. Trump to be declared the winner of the state; and urged Mr. Pence to discard the legitimate electoral certificates that reflected millions of citizens' votes in the targeted states.¹⁹⁸¹⁹⁸ See ECF No. 252 at 19 & nn.77-82, 29 & n.137, 65 & n.349, 67 & n.364, 71 & nn.392-398, 73-74 & nn.410-411; supra at Section l; see also, e.g., SCO-02295943 at 3 (Presidential Daily Diary 11/22/2020); SCO-00767550 at 9- 12 (HSC Tr.); SCO-12998394 at 12 (Tr. of Georgia Secretary of State Call 01/02/2021). An additional factor meriting Mr. Trump's prosecution therefore was the need to vindicate and protect the voting rights of these and all future voters.

¶The strength of the federal interest in protecting the right to vote is plain from the history of suffrage in America, as chronicled in the Constitution-which has been amended not fewer than five times to extend and protect the franchise for all adult citizens regardless of race, sex, age, and education, see U.S. CONST. amend. XIV, § 2 (providing that if a state failed to ensure all eligible citizens the right to vote, the state's proportional representation would be reduced); amend. XV, § 1 ("The right ... to vote shall not be denied or abridged ... on account of race, color, or previous condition of servitude."); amend. XIX (same "on account of sex"); amend. XXIV, § 1 (same "by reason of failure to pay any poll tax or other tax"); amend. XXVI, § 1 (same for citizens "who are eighteen years of age or older ... on account of age")-and a consistent line of court decisions maintaining that suffrage "can neither be denied outright, nor destroyed by alteration of ballots," Reynolds v. Sims, 377 U.S. 533, 555 (1964) (citations omitted). The strength of the federal interest is further reflected by the history of the Section 241 offense with which Mr. Trump was charged, and, as set forth in Section II.C above, by courts' universal and longstanding recognition of the right protected by that statute. In attempting to disenfranchise voters who did not choose to reelect him, Trump targeted a bedrock fundamental right that the government has a strong interest in protecting.

,.., _). The substantial federal interest in protecting election officials and other government officials from violence was served by Mr. Trump's prosecution. Another federal interest that merited Mr. Trump's prosecution was addressing his resort,

¶throughout the charged criminal conspiracies, to threats and encouragement of violence against his perceived opponents. Consistently, when elected officials refused to take improper actions that Mr. Trump urged, like discarding legitimate votes or appointing fraudulent electors, Mr. Trump attacked them publicly on Twitter, a social media application on which he had more than

¶80 million followers.¹⁹⁹¹⁹⁹ See ECF No. 252 at 18 & nn.73-76, 20 & n.88, 26-27 & nn.123-126, 28 & n.132, 31 & n.146, 40 & n.206; see, e.g., SCO-00456209, SCO-00715415 (Donald J. Trump Tweet 11/11/2020); SCO-00455691, SCO-12858431 (Donald J. Trump Retweet 11/30/2020); SCO-00455690, SCO-12987528 (Donald J. Trump Tweet 11/30/2020); SCO-00455536, SCO-12858636 (Donald J. Trump Retweet 12/06/2020). Inevitably, threats and intimidation to these officials followed.²⁰²⁰ Electoral Count Act, 3 U.S.C. §§ 5-11. OC00163 IB, Order at 13-24, 28-34 (Nev. Dist. Ct. Dec. 4, 2020), https://electioncases.osu.edu/wp content/uploads/2020/11/Law-v-Gloria-Order-Granting-Motion-to-Dismiss.pdf [https://perma.cc/32U2-BTA6]; ECF No. 262, United States v. Trump, No. 23 Cr. 80101 (S.D. Fla. Jan. 16, 2024). ° For instance, after Mr. Trump targeted a Philadelphia City Commissioner in a Tweet criticizing the Commissioner for stating that there was no evidence of widespread election fraud in Philadelphia,²⁰¹²⁰¹ SCO-00456209, SCO-12987659 (Donald J. Trump Tweet 11/11/2020). See ECF No. 252 at 38 & n.194; SCO-11545129 at 87 (Int. Tr.); SCO-04976349 at 02:03: 17-02:04: 10 (Video of threats against the Commissioner grew more targeted, more detailed, and more graphic.²⁰²²⁰² HSC Hearing). See ECF No. 252 at 38 & n.194; SCO-11545129 at 87 (Int. Tr.); SCO-04976349 at 02:03:17-02:04:10 (Video of These threats extended to include highly personal information like the names and ages of the Commissioner's family members, as well as photos or the address of his home.²⁰³²⁰³ HSC Hearing). Fulton County, Georgia, election officials similarly reported receiving threats-including death threats-following Mr. Trump's false public accusations against Fulton County election workers.²⁰⁴²⁰⁴ SCO-11507432 at 46-50, 57-62 (Int. Tr.); SCO-11528118 at 54-62 (Int. Tr.). See ECF No. 252 at 25-26 & nn.119-122; SCO-04976332 at 33:30-01:04:37 (Video of Georgia Senate Judiciary

¶Mr. Trump also targeted private citizens who served as election workers. He took particular aim at a mother and daughter who worked at Atlanta's State Farm Arena counting ballots on election day; he and his co-conspirators spread pernicious false claims that these election workers had committed misconduct.²⁰⁵²⁰⁵ Subcommittee Hearing 12/03/2020); SCO-00455601, SCO-12987506 (Donald J. Trump Tweet 12/03/2020); SCO-04976279 at 0 1:36:58-02:0 l :58 (Video of Georgia House Committee Hearing 12/10/2020). Although the lies were promptly and publicly debunked,²⁰⁶²⁰⁶ SCO-04952956 (Tweet 12/04/2020); SCO-04976277 at 08:44-09:10 (Video of Georgia Secretary of State Press Conference 12/07/2020). Mr. Trump continued to repeat them,²⁰⁷²⁰⁷ See ECF No. 252 at 26 & n.122; SCO-12998394 at 2 (Tr. of Georgia Secretary of State Call 01/02/2021). and the election workers were subjected to vile threats. As one of the women explained, "when someone as powerful as the President of the

¶United States eggs on a mob, that mob will come. They came for us with their cruelty, their threats, their racism, and their hats. They haven't stopped even today."²⁰⁸²⁰⁸ See ECF No. 252 at 25-26 & n. 121; SCO-00783640 at 8 (HSC Tr.). Mr. Trump persisted in publicly spreading false and harmful social media posts about the same election workers into 2023.²⁰⁹²⁰⁹ See ECF No. 252 at 26 & n.122; SCO-04963742 (Donald J. Trump Truth Social Post 01/02/2023); SCO-04963743 (Donald J. Trump Truth Social Post 01/03/2023). ° In 2024, Co-Conspirator 1 conceded in a defamation lawsuit filed by the election workers that his statements about them were "defamatory per se" and "false," and a jury awarded them damages of more than $145 million. 210

¶Mr. Trump took aim at Mr. Pence when Mr. Pence repeatedly informed Mr. Trump that he could not in good conscience do as Mr. Trump asked. On January 6, this included Mr. Trump's retributive targeting of Mr. Pence during his Ellipse speech and the 2:24 p.m. Tweet attacking Mr. Pence that Mr. Trump issued even though he knew that the riot was ongoing at the Capitol. Taken together, these actions resulted in rioters at the Capitol on January 6 singling out Mr. Pence for their ire and chanting, "Where is Pence? Bring Him Out!"²¹¹²¹¹ See ECF No. 1 at ,r 113; see ECF No. 252 at 81 & n.467; SCO-12738318 (Video of Capitol Riot 01/06/2021). and, "Hang Mike Pence!"²¹²²¹² See ECF No. 1 at if 113; see ECF No. 252 at 81 & n.466; SCO-12876211 (Video of Capitol Riot 01/06/2021).

¶In addition to prompting these threats against the targets of Mr. Trump's criticisms, Mr. Trump's words inspired his supporters to commit acts of physical violence. On January 6, Mr. Trump used his Ellipse speech to direct his supporters to "go[] to the Capitol" and "fight like hell."²¹³²¹³ See ECF No. 252 at 77 & nn.437, 440; SCO-02244118 at 22 (Remarks by Mr. Trump at Save America Rally 01/06/2021). rn SCO-04949418 at 02:22:07 (Video of Save America Rally O1/06/2021). He explicitly licensed them, not long after Co-Conspirator 1 had exhorted the crowd to engage in "trial by combat," 214 to operate under "very different rules"²¹⁵²¹⁵ SCO-02244118 at 20 (Remarks by Mr. Trump at Save America Rally Ol /06/2021 ). 216 !d. at 2. See ECF No. 252 at 82 & nn.475-476; SCO-11506096 at 125-126 (Int. Tr.); SCO-11506269 at 38-39 (Int. Tr.); because fraud was allegedly involved. And he told them they were "not going to let it happen," 216 urging them to stop the election certification proceeding that was about to begin.

¶The people who took Mr. Trump at his word formed a massive crowd that broke onto restricted Capitol grounds and into the building, violently attacking law enforcement officers protecting the Capitol and those inside. Officers have described being assaulted by rioters wielding bear spray, metal bats and flag poles, and other improvised weapons.²¹⁷²¹⁷ SCO-12808448 at 127-128 (Int. Tr.); SCO-11520948 at 95-97 (Int. Tr.); SCO-12997436 at 64 ( United States v. Irwin & Richter, No. 21-cr-589, Trial Day I Tr. 01/22/2024). A Metropolitan Police Department (MPD) commander recounted that the scene was "a non-stop barrage of just strikes, with weapons and things being thrown, and pepper spray, and you name it. Everything being hurled at these [officers]. You could hear them yelling. You could hear them, screams and moans, and everything else."²¹⁸²¹⁸ SCO-11529214 at 98 (Int. Tr.). Multiple officers stated that they feared for their lives when among the rioters that day. One MPD officer put that fear at "a hundred percent" from the moment he entered the crowd, and he explained that he thought he might die: "You know, you're getting pushed, kicked, you know, people are throwing metal bats at you and all that stuff. I was like, yeah, this is fucking it."²¹⁹²¹⁹ See ECF No. 252 at 82 & nn.475-476; SCO-11506096 at 126 (Int. Tr.). A U.S. Capitol Police officer similarly recalled thinking, "I think I might die today."²²⁰²²⁰ SCO-12 807 683 at 106-107 (Int. Tr.). And in one instance, an MPD officer recounted that rioters dragged him into the crowd, where they beat and tased him while yelling things like, "I got one!" and, "Kill him with his gun!"²²¹²²¹ SCO-12919375 at 0 1:12:28-01:13:50 (Video of Interview from HBO's Four Hours at the Capitol, 10/20/2021).

¶The January 6 rioters assaulted at least 140 law enforcement officers that day, and at least 123 defendants have been charged with using a deadly or dangerous weapon or causing serious bodily injury to law enforcement.²²²²²² Press Release, U.S. Attorney's Office for the District of Columbia, Three Years Since the Jan. 6 Attack on the Capitol (Jan. 5, 2024), https://www.justice.gov/usao-dc/36-months-jan-6-attack-capitol-O. This violence took a lasting toll. In addition to the significant physical injuries inflicted that day,²²³²²³ SCO-1 l 506096 at 96-99, 134-135 (Int. Tr.) (MPD officer recounting knee injury and concussion from defending against rioters on January 6); SCO-12875808 at 228-230 ( United States v. McCaughey, No. 2 l-cr-40, Trial Day l Tr. 08/29/2022) (MPD sergeant describing being "bruised, abrased," and "covered in chemical munitions" from January 6); id. at 229 (50 percent of sergeant's 30-person platoon injured); SCO-12997205 at l 0 l ( United States v. Sparks, No. 2 l-cr-87, Trial Tr. 02/29/2024) (Capitol Police officer describing concern on January 6 for fellow officers he saw "still irritated from the tear gas, people still coughing, people limping, battered, bruised, bloody," and learning that a fellow officer "had passed away"); SCO-12997436 at 63-64 ( United States v. Irwin & Richter, No. 2 l-cr-589, Trial Day 1 Tr. 01/22/2024) (Capitol Police Deputy Chief listing officers' injuries from rioters, including a "serious concussion" and a "near-career-ending leg injury"); SCO-12807683 at 124-125 (Int. Tr.) (Capitol Police officer describing jaw injury and concussion from rioter assault); id. at 135 (Capitol Police officer detailing lingering effects of Capitol siege injuries, including persistent migraines, fainting, and imbalance). m SCO-12876218 at 08:53-09:45 (Video of Impact Statement) (MPD officer recounting that "there [were] a lot of unseen injuries," that MPD "has put a lot of effort and resources into getting these officers the help that they need for some of these emotional injuries," and that the events of January 6 had "definitely taken a toll on a lot of the officers over there that day"); SCO-11529214 at 116 (Int. Tr.) (MPD officer stating there were "some people that went through, like, you know, some depression and, like, really some soul-searching"); SCO-12807683 at 16 (Int. Tr.) (Capitol Police officer describing "survivor's guilt" and engaging in officer peer support program); id. at 143 (describing officer reactions to January 6, including "shell-shock" and inability to move on from that day); SCO-12919375 at 01:28:00-01:28:20 (Video of MPD Officer's Interview from HBO's Four Hours at the Capitol, 10/20/2021) (MPD officer describing that he had a mild heart attack and traumatic brain injury from rioter assaultsShow full note officers suffered "unseen injuries," including depression and other forms of psychological trauma. 224

¶Officers at the Capitol understood that if the rioters reached the lawmakers and other staff inside the building violence would have been done to them as well.²²⁵²²⁵ SCO-11506096 at l 07-108 (Int. Tr.) (MPD officer describing effort to keep rioters from entering the Capitol because, for staff inside, that would mean "possible death. People are getting killed, maimed," and adding that while officers "have gear on" and weapons, "someone who just showed up this morning to go to work, who was like a clerk or something, walked in their office ... they're not ready for that, you know? And if one of these [rioters] get their hands on them, it's over with."); SCO-11529214 at 78-80 (Int. Tr.) (MPD officer describing seeing rioters "trying to beat [officers] up with such ferocity," and wondering, "What are they going to do to somebody else that's in here, that's maybe a staff or a congressman or somebody with the press? How are-what are they going to do to them? You know, like, we can take the beating. And I don't know if these other people can take the beating, too.''); SCO-11544684 at 7 (Int. Rep.) (Capitol Police officer recalling that the rioters turned on Vice President Pence and being concerned for Pence's safety inside the Capitol if rioters breached the police line); see also SCO-12738295 (Video of Capitol Riot 01/06/2021) (rioters inside the Capitol yelling, "Where are the fucking traitors? Drag 'em out by their fucking hair!" and "Who's first?"); SCO-12738313 (Video of Capitol Riot 01/06/2021) (rioter yelling, "Bring Mitch out! Bring Pelosi out! Bring Schumer out!"); SCO-127383 I 7 (Video of Capitol Riot O1/06/2021) (rioters chanting, "Pence is a traitor!" and, "Traitor Pence! Traitor Pence!"); SCO-12738306 (Video of Capitol Riot 01/06/2021) (rioter yelling, "We're coming for you, Nancy!"); SCO-12738312 at 00:59-0 I :40 (Video of Capitol Riot 01/06/2021) (rioter inside the Capitol yelling, "Nancy Pelosi! Where you at, Nancy?" and, "Nancy! Where are you, Nancy? We're looking for you!").Show full note Only through the heroism of the law enforcement officers who defended the Capitol were lawmakers and their staff protected from harm.²²⁶²²⁶ See 167 CONG. RECORD S5686 (daily ed. Aug. 3, 2021) (statement of Sen. Klobuchar) ("The insurrection at the Capitol was more than an assault on democracy. . . . [I]t was also an actual life-or-death situation for the many brave law enforcement officers who show up here to do their work every day."); id. at S5687 (statement of Sen. Blunt) ("I am incredibly grateful for the heroic actions we saw that day [January 6] from the Capitol Police, from the Metropolitan Police, who ... were here within 10 or 12 minutes of being called."); 167 CONG. RECORD H2790 (June I5, 2021) (statement of Rep. McHenry) ("[T]he brave men and women who stood and faced danger on January 6 deserve to be recognized for their actions. Without their courageous work and their dedication, many of us here today could have been seriously injured or worse.").Show full note Many Members of Congress feared for their lives. Once the rioters breached the Capitol building, "elected representatives, congressional staff, and members of the press hid in terror from the mob" in barricaded offices or unmarked rooms as rioters roamed the hallways. United States v. Chrestman, 525 F. Supp. 3d 14,¹⁹¹⁹ ECF No. I at if 9; ECF No. 226 at ,r 10; see ECF No. 252 at 4; About the Electors, NATIONAL ARCHIVES, https://www.archives.gov/electoral-college/electors; see also Chiafalo v. Washington, 591 U.S. 578, 581, 584-85 & n. l (2020). (D.D.C. 2021 ).²²⁷²²⁷ See also SCO-12919375 at 29:44-30:52, 41:45-43:15 (Video of Interview from HBO's Four Hours at the Capitol, I 0/20/2021) (Congressional staffer describing hiding under a table from rioters who had breached the Capitol building, hearing rioters banging on the door to the room in which she was barricaded, and fearing she would die that day). For instance, in detailing his efforts to evacuate a U.S. Senator and her staff from an unmarked hiding spot, one on January 6, but what he "most struggle[s] with is, you know, kind of, some of the emotional after-effects, or psychological trauma" of that day).

¶U.S. Capitol Police officer described the Senator as "afraid for her life," "shaking," and "very, very-she was scared."²²⁸²²⁸ SCO-11520948 at 150-152 (Int. Tr.). He added that the Senator later relayed to him that what the rioters did on January 6 had "scared and frightened everybody" and had "put a lot of people's lives in danger."²²⁹²²⁹ Id at 151.

¶The violence of January 6 was foreseeable to Mr. Trump, who had remarked just the evening before that his supporters were "angry"²³⁰²³⁰ See ECF No. 1 at i! 98; SCO-00015613 at 155-156. and who-to cheers of, "Invade the Capitol building!" and, "Take the Capitol!"²³¹²³¹ See ECF No. 252 at 77-78 & n.443; SCO-12876144 at 00:28-00:43 (Rallygoer video 01/06/2021). -had told those supporters during his Ellipse speech to "show strength" and to "be strong."²³²²³² See ECF No. 252 at 77-78 & n.442; SCO-02244118 at 6 (Remarks by Mr. Trump at Save America Rally 01/06/2021). When he told them "we're not going to let it happen," the crowd chanted, "Fight for Trump!"²³³²³³ See ECF No. 252 at 77 & nn.438-439; SCO-02244118 at 2 (Remarks by Mr. Trump at Save America Rally 01/06/2021). And when he warned his gathered supporters that "if you don't fight like hell, you're not going to have a country anymore,"²³⁴²³⁴ SCO-02244118 at 22 (Remarks by Mr. Trump at Save America Rally Ol /06/2021 ). the crowd marched to the Capitol in response. Indeed, officials and advisors close to Mr. Trump recognized and voiced their concerns over this high potential for election-related violence. On January 4, a Senior Advisor explicitly warned Co-Conspirator 2 that if Mr. Pence unilaterally rejected legitimate electoral votes, it would cause "riots in the streets."²³⁵²³⁵ See ECF No. 252 at 66 & n.356; SCO-00006256 at 130-133; SCO-11522446 at 6 (Int. Rep.); SCO-00790949 at Co-Conspirator 2 replied that there had previously been points in the nation's history where violence was necessary to protect the republic.²³⁶²³⁶ See SCO-00006256 at 133; SCO-11522446 at 6 (Int. Rep.); SCO-00790949 at 26 (HSC Tr.). On January 5, after Mr. Trump told Mr. Pence that he would have to publicly criticize him, Mr. Pence's Chief of Staff was sufficiently concerned for Mr. Pence's safety that he alerted the head of the Vice President's protective detail.²³⁷²³⁷ SCO-11545613 at 165-171 (Int. Tr.). And a Counsel to the Vice President issued a prescient warning to Co-Conspirator 2 the same day, when he warned that the conspirators' plan would result in a "disastrous situation" where the election might "have to be decided in the streets."²³⁸²³⁸ See ECF No. 252 at 69-70 & n.385; SCO-04976350 at 01:26:01-01:26:32 (Video ofHSC Testimony). Indeed, as the riot at the Capitol unfolded on January 6, the Vice President's Counsel chided Co-Conspirator 2 that "whipping large numbers of people into a frenzy over something with no chance of ever attaining legal force through actual process of law, has led us to where we are."²³⁹²³⁹ SCO-00256421 at 2 (Email to Co-Conspirator 201/06/2021 ).

¶There is unquestionably a public interest in ensuring that elected officials and election workers can carry out their duties without fear of threats and retaliation. See, e.g., Memorandum from Lisa Monaco, Deputy Attorney General, Guidance Regarding Threats Against Election Workers (June 25, 2021) ("The right to vote is the cornerstone of our democracy, the right from which all other rights ultimately flow. For this vital right to be effective, election officials must be permitted to do their jobs free from improper partisan influence, physical threats, or any other conduct designed to intimidate."). Accordingly, the need to promote this federal interest weighed in favor of proceeding against Mr. Trump.

The substantial federal interest in the evenhanded administration of the law was served by Mr. Trump's prosecution. There is a substantial federal interest in ensuring the evenhanded administration of the

¶law with respect to accountability for the events of January 6, 2021, and the Office determined that interest would not be satisfied absent Mr. Trump's prosecution for his role. Multiple district court judges have recognized Mr. Trump's role in the events of January 6. See United States v. Laios, No. 21-cr-242, ECF No. 37 at 55-56 (D.D.C. Nov. 19, 2021) (Transcript of Sentencing) (Court stating that Jan.⁶⁶ See ECF No. I; ECF No. 226. Mr. Trump's conduct with Co-Conspirator 4 was charged in the original indictment, ECF No. I, but not in the superseding indictment, ECF No. 226, because the Supreme Court held in the interim that Mr. Trump's conduct regarding the Department of Justice was immunized. Trump, 603 U.S. at 597. Letter from Chairman Jim Jordan to Jeffrey Ragsdale, DOJ OPR (Dec. 4, 2024) https://www.scribd.com/document/800789357/Judiciary-to DOJ?secret_password=vphCtDdh3lHj7mTM5Ib8.Show full note defendant was "called to Washington, D.C. by an election official; he was prompted to walk to the Capitol by an elected official" and telling defendant, "I think you were a pawn, you were a pawn in a game that was played and directed by people who should have known better"); United States v. Peterson, No. 21-cr-309, ECF No. 32 at 23 (D.D.C. Dec. 1, 2021) (Transcript of Sentencing) (Court stating that "incendiary" statements at the Ellipse rally "absolutely, quite clearly and deliberately, stoked the flames of fear and discontent and explicitly encouraged those at the rally to go to the Capitol and fight for one reason and one reason only, to make sure the certification did not happen"); United States v. Barnard, No. 21-cr-235, ECF No. 53 at 28 (D.D.C. Feb. 24, 2022) (Transcript of Sentencing) ("The events of January 6th involved a rather unprecedented confluence of events spurred by then President Trump and a number of his prominent allies who bear much responsibility for what occurred on that date."). To date, more than 1,500 people have been criminally charged for their roles in the January 6 attack on the United States Capitol. With that in mind, Mr. Trump's relative culpability weighed heavily in favor of charging him, as the individual most responsible for what occurred at the Capitol on January 6. See Justice Manual § 9-27.230.4 (requiring prosecutors to assess the "degree of the person's culpability in connection with the offense, both in the abstract and in comparison with any others involved in the offense").

¶Rioters have cited Mr. Trump as the reason they traveled to Washington, D.C., and went to the Capitol that day. In the weeks before January 6, Mr. Trump issued several Tweets calling his supporters to Washington, D.C., for his rally at the Ellipse, and they answered the call. In the days after Mr. Trump's December 19 Tweet promising that the rally would be "wild," for instance, Kelly Meggs-a member of the Oath Keepers group who was later convicted of seditious conspiracy among other charges-messaged associates that "[i]t's going to be wild. [Trump] wants us to make it wild. That's what he's saying." United States v. Rhodes, No. 22-cr-15, ECF No. 815 at 61 (D.D.C. Feb. 21, 2024) (Motion Hearing Tr.). Meggs added, "He called us all to the Capitol, ... and he wants us to make it wild." Id. at 61-62. Rioter David Kuntz-a member of the Three Percenters militia group who would later plead guilty to charges related to breaching the Capitol building-planned travel to Washington, D.C., on January 6 in direct response to the December 19 Tweet. United States v. Wilson, No. 23-cr-427, ECF No. 47 at 6-7 (D.D.C. Apr. 17, 2024) (Superseding Indictment). Kuntz later shared Trump's December 27 Tweet, which told supporters, "See you in Washington DC, on January 6th. Don't miss it. Information to follow!" Kuntz commented, "He is asking us to be there," and, "Good he does need us im [sic] going armed period." Id. at 11; see also Wilson, No. 23-cr-427, ECF No. 95 at 8 (D.D.C. Dec. 2, 2024) (Statement of Offense).

¶In his Ellipse speech, Mr. Trump explicitly directed his supporters to march on the Capitol. At one point, in reply to a line in his speech that "[w]e will not let them silence your voices; we're not going to let it happen," a portion of the rally crowd chanted, "Fight for Trump! Fight for Trump!"²⁴⁰²⁴⁰ See ECF No. 252 at 77 & nn.438-439; SCO-02244118 at 2 (Remarks by Mr. Trump at Save America Rally 01/06/2021); SCO-00747921 at 03:18-03:47 (Rallygoer video 01/06/202 I). When he repeatedly exhorted his supporters to "walk down"²⁴¹²⁴¹ See ECF No. 252 at 77 & n.440; SCO-02244 I 18 at 6, 22 (Remarks by Mr. Trump at Save America Rally 01/06/2021). to the U.S. Capitol to help prevent Congress's planned certification, they listened. Law enforcement witnesses at and near the Capitol on January 6 describe large crowds descending upon Capitol grounds from the direction of the Ellipse rally.²⁴²²⁴² SCO-11506096 at 59-62 (Int. Tr.); SCO-11520948 at 71-74 (Int. Tr.). And video and photographic evidence shows that hundreds of individuals in attendance at the Ellipse rally were later participants in the Capitol siege and in some cases were among the most violent of the rioters.²⁴³²⁴³ See, e.g., SCO-12919600 at 27:22-27:26 (Video of Rioter 1 at the Save America Rally 01/06/2021); SCO-12919284 at 03:17-03:18 (Video of Rioter 1 at the Save America Rally O1/06/2021); SCO-12807276 at 03:08- 03:14 (Video of Rioter I on Capitol Grounds 01/06/2021); SCO-12919212 at 03:17-03:21 (Video of Rioter 1 on Capitol Grounds 01/06/2021); SCO-12919384 at 08:20-08:34 (Video of Rioter 2 in the Capitol Rotunda 01/06/2021); SCO-12919401 at 04:06-04:14 (Video of Rioter 2 walking down Pennsylvania Avenue from the Save America Rally 01/06/2021); SCO-12918732 at 04:29-04:31 (Photograph of Rioter 2 in the Capitol Rotunda 01/06/2021); SCO-12918900 at 00:01-00:07 (Video of Rioter 2 inside the Capitol 01/06/2021); SCO-12919421 at 00:00-00:02 (Video of Rioter 3 in the crowd at the Save America Rally O1/06/202 I); SCO-12807145 (Photograph of Rioter 3 on Capitol Grounds 01/06/2021); SCO-12919066 at 02:07-02:10 (Video of Rioter 3 at the Save America Rally 01/06/2021); SCO-12919977 at 23:06-23:10 (Video of Rioter 4 at the Save America Rally 01/06/2021); SCO-12918777 (Photograph of Rioter 4 on Capitol Grounds 01/06/2021); SCO-12807279 at 01:09:28-01:09:55, 01:10:05-01:10:37, 01:10:40-01:11:09 (Video of Rioter 4 on Capitol Grounds 01/06/2021); SCO-12919375 at 01:13:17-01:13:22 (Video of Rioter 4 on Capitol Grounds from HBO's Four Hours at the Capitol 01/06/2021); SCO-12916307 at 24:16-25:50 (Video of Rioter 4 inside Capitol Tunnel 01/06/2021); SCO-12918918 at 00:11- 00:12 (Video of Rioter 5 at the Save America Rally O1/06/2021); SCO-12919079 (Photograph of Rioter 5 on Capitol Grounds 01/06/2021); SCO-12919419 at 00:33-00:38 (Video of Rioter 5 on Capitol Grounds); SCO-12738292 at 00:24-00:32 (Video of Rioter 5 at the Capitol); SCO-12733719 at 35:17-35:22 (Video of Rioter 5 at the Capitol); SCO-12807327 at 00:00-00:01 (Video of Rioter 6 at the Save America Rally O1/06/2021); SCO-12807375 at 00:49- 00:51 (Photograph of Rioter 6 at the Capitol O1/06/2021); SCO-12916338 at 03:00:21-03:00:55 (Video of Rioter 6 at the Capitol O1/06/2021). 244 SCO-1273 8326 at 00:03-00:18 (Video of Capitol Riot O1/06/2021).Show full note

¶During the siege, Mr. Trump's supporters continued to heed his words. Video evidence from that afternoon shows rioters, in real time, crediting Mr. Trump for their presence and conduct at the Capitol. For example, as the crowd sought to push past officers protecting the Capitol's East Front, one rioter shouted: "We were invited here! We were invited by the President of the United States!" 244 Inside, another rioter yelled at officers to "stand down. You're outnumbered. There's a fucking million of us out there. And we're listening to Trumpyour boss."²⁴⁵²⁴⁵ SCO-12876131 at 02:26-02:33 (Video of Capitol Riot 01/06/2021). United States v. Harris, No. 21-cr-189, ECF No. 84 at 5 (D.D.C. Oct. 20, 2023). That rioter was later convicted of obstruction and of assaulting an officer, among other violations. Id. at 11. As the day wore on, rioters continued to obey Mr. Trump's commands. At 4:25 p.m.-just eight minutes after Mr. Trump's video Tweet telling supporters that they were "very special" but should "go home now"-rioter Edward Vallejo, a member of the Oath Keepers, posted to a group Signal chat that "our commander in chief has just ordered us to go home." Rhodes, ECF No. 822 at 55 (Sentencing Hearing Tr.). Another rioter, Jacob Chansley, played that video Tweet to a crowd at the Capitol and announced that "Donald Trump has asked everybody to go home."²⁴⁶²⁴⁶ SCO-12918754 at 24:47-27:22 (Video of Capitol Riot 01/06/2021); id at 28:00-28:08 (rioter announcing that he was "going to do as Donald Trump has asked and [he was] going to go home"); SCO-12919861 at 01:55:29- 01:55:45 (Video of Capitol Riot 01/06/2021); id at 0 l :57:20-01:57:34 (rioter announcing that "Donald Trump asked everybody to go home. So what are we gonna do? We're going to obey our President; we're gonna do as he asked; and we're gonna go home."); SCO-12876155 (Video outside Capitol 01/06/2021). (1944) (Jackson, J., dissenting). The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution. Orders the Navy's Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune. Trump, 603 U.S. at 684-685 (Sotomayor, J., dissenting).Show full note Chansley left the Capitol at that point-having earlier breached the Senate chamber, taken a seat at the dais, and declared Vice President Pence to be "a fucking traitor." United States v. Chansley, No. 21-cr-3, ECF No. 81 at 10-11 (D.D.C. Nov. 9, 2021) (Gov't Sentencing Memorandum).²⁴⁷²⁴⁷ See also SCO-12916465 (Video of Senate Chamber 01/06/2021).

¶After January 6, when rioters began to face accountability for their unlawful acts at the Capitol, many pointed to Mr. Trump in an attempt to excuse or mitigate their conduct. For example, following his arrest on charges stemming from the Capitol siege, rioter Alex Harkrider sought release from pretrial detention by arguing that "[l]ike thousands of others [at the Capitol], Mr. Harkrider was responding to the entreaties of the then Commander-in-Chief, former President Donald Trump." United States v. Harkrider, No. 21-cr-117, ECF No. 16 at 14 (D.D.C. Apr. 1, 2021) (Def.'s Motion to Revoke Order of Detention); see also, e.g., United States v. Hale-Cusanelli, No. 21-cr-37, ECF No. 13 at 17 (D.D.C. Mar. 2, 2021) (Def.'s Motion for Modification of Bond) (requesting pretrial release in part because defendant "was responding to the entreaties of the then commander in chief, President Trump"); Chansley, No. 21-cr-3, ECF No. 12 at 10 (D.D.C. Feb. 23, 2021) (Motion of Def. for Pretrial Release) (arguing that Chansley was "incited" by Mr. Trump and noting his unsuccessful request for a presidential pardon). In closing argument at trial on seditious conspiracy and other charges related to January 6, defense counsel unsuccessfully asked the jury to acquit Proud Boys leader Enrique Tarrio because, in part, "[i]t was [Mr. Trump's] anger that caused what occurred on January 6th" and "[i]t was not Enrique Tarrio." United States v. Nordean et al., No. 21-cr-175, Trial Tr. at 19991 (D.D.C. Apr. 25, 2023). And, at sentencing in January 6 cases, many rioter defendants-whether expressing remorse or not-have sought leniency by blaming Mr. Trump both for their presence at the Capitol and their underlying belief "that the [2020 presidential] election was fraudulent and that they must take action to stop the transition of the presidency." United States v. Palmer, No. 21-cr-328, ECF No. 31 at 8 (D.D.C. Dec. 13, 2021) (Sentencing Memorandum and Motion for Downward Variance); see also, e.g., United States v. lvfcCaughey,²² (Congressional Record 01/06/2021). l-cr-40, ECF No. 528 at 2 (D.D.C. Feb. 17, 2023) (Def. David Mehaffie's Sentencing Statement); United States v. Gruppo, No. 21-cr-391, ECF No. 28-2 at 2 (D.D.C. Oct. 19, 2021) (Def.'s Letter) (citing language of Ellipse rally speech and stating, "I trusted the President and that was a big mistake").

Mr. Trump Was Not Subject to Effective Prosecution in Another Jurisdiction

¶The next consideration, under the Principles of Federal Prosecution, is whether Mr. Trump was subject to effective prosecution in another jurisdiction. The Office concluded that a prosecution carried out by a single local authority could not effectively hold him accountable for his efforts targeting the only election for national office. Although Mr. Trump was theoretically subject to state criminal charges for his conduct, based on the scope and magnitude of Mr. Trump's alleged crimes, no local prosecution could effectively hold Mr. Trump accountable for his attempts to overturn the valid results of the election, obstruct the congressional certification, and disenfranchise millions of voters. Indeed, all citizens, not just the citizens in the seven contested states that he targeted with his criminal plan, suffered the impact of Mr. Trump's crimes, warranting a federal prosecution accounting for all his conduct and the federal interests it implicated.

¶In addition, when the Office was making its charging decision in the summer of 2023, no other jurisdiction had initiated charges against Mr. Trump or co-conspirators. After the grand jury returned the original indictment against Mr. Trump in this case, however, he subsequently was also charged with a racketeering conspiracy in Georgia, Georgia v. Trump, 23sc 18894 7, Indictment (Fulton County, Ga. Super. Ct. Aug. 14, 2023) (19-defendant case pending since August 2023 in Fulton County Superior Court). Although the forty-count indictment in Fulton County encompasses some of the same core conduct for which Mr. Trump was charged federally in the District of Columbia, its focus is on a conspiracy to commit fraud-that is, to change the outcome of the election-including through false statements to Georgia state legislators and other high-ranking state officials. See id. at 16-17. It does not fully address Mr. Trump's alleged criminal conduct in furtherance of a conspiracy to obstruct the January 6 certification proceeding or a conspiracy against voters' rights. As described above, there are strong federal interests in protecting the integrity of the certification proceeding and the right to vote and have one's vote counted.