ken chesebro e s q
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INDICT GA
primary pled guilty GA, agreed to cooperate, wisc grn bay sweep
MERRI OK
SEE WOD4
see other node
j6 pardons?!
see fake elector slate grn bay sweep, HE WAS MAIN DRIVER WITH EASTMAN
see troupis RON JOHNSON WI
claremont or just eastman?
officially cheese buroh 8 23 new trump j6 indict
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AN 6 26
Three alleged planners of Donald Trump’s 2020 fake elector scheme pleaded not guilty Tuesday to eleven forgery-related criminal charges in a Wisconsin’s County court — but they might be walking into a toothy maw of legal pain.
The Milwaukee Journal Constitution reports “Jim Troupis, a former Wisconsin campaign attorney for President Donald Trump, Michael Roman, a former Trump aide, and Kenneth Chesebro, a Wisconsin-born former Trump attorney, appeared in Dane County Circuit Court for arraignment on 11 counts of felony charges related to the so-called fake elector scheme.”
Most federal criminal cases against Trump henchmen for their efforts to overturn the 2020 election have collapsed or been dismissed after voters returned Trump to the White House in 2024. Votebeat Wisconsin reports Georgia’s election interference case got dismissed just as the prosecution nabbed guilty pleas from Trump’s allies. Michigan’s false elector case also got dismissed, and Arizona’s own investigation is stalling after a major setback for the prosecution. Nevada prosecutors resumed their own investigation after the state Supreme Court revived charges that a lower court threw out, reports Votebeat.
But the Wisconsin case is laced with pratfalls for Trump’s people. Firstly, 10 false electors from 2020 settled a civil lawsuit in Wisconsin by acknowledging that Biden won the 2020 election. But Chesebro and Troupis not only reached a settlement in that case but also turned over a trove of damning documents outlining their role in trying to overturn a legitimate U.S. election.
The office of Wisconsin Attorney General Josh Kaul claims Troupis, Chesebro and Roman “lied to the Wisconsin Republicans who signed paperwork falsely claiming to be electors for Trump in the lead-up to the Jan. 6, 2021, joint session of Congress to certify the 2020 election for Biden,” the Sentinel reports.
“The 10 Republicans who signed paperwork claiming to be electors have not been charged criminally related to the fake documents,” reports the Sentinel, but other state Republicans, like former Republican Party of Wisconsin chairman Andrew Hitt, who was one of the 10 Republicans who participated in Wisconsin, said in 2024 he felt "tricked" by the Trump campaign to sign the paperwork.
And while other state prosecutions have been sidelines by Trump’s return to the White House or Republican judges and legislatures, the state of Wisconsin has a court system which has been streaking toward the left since Trump’s election, with the GOP not even bothering to run candidates in some court races.
Additionally, public opinion polls in this state that supported Trump’s reelection have collapsed as voters turn on Trump and his beholden Republican Party.
Worse for Trump’s henchmen, however, is the fact that if a state jury does find the three guilty, Trump will be unable to rescue them with a pardon because the charges are coming down in state, rather than federal courts. In fact, Trump already pardoned Troupis on the federal level last November, not that it helped.
The Sentinel reports Dane County Circuit Court Judge Mario White is overseeing the case.
===
AN 6 26
As three alleged planners of Wisconsin’s fake elector scheme prepare to be arraigned this week in Dane County court, the criminal charges against them are moving forward in a national legal and political landscape that looks dramatically different from the one in which they were filed.
*This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.
When Wisconsin Attorney General Josh Kaul filed the charges in June 2024, Joe Biden was president, Donald Trump was battling a criminal case brought by the U.S. Department of Justice over his efforts to overturn the 2020 election, and state prosecutors in Georgia, Arizona, Michigan, and Nevada were bringing criminal cases tied to the fake elector scheme.
That scheme arose in the aftermath of the 2020 election, when Trump allies tried to keep him in power despite his loss. Those allies, who became known as fake or false electors, attempted to cast electoral votes for Trump in multiple states he lost and submit those certificates to Congress.
Now, as the three defendants in the Wisconsin case await arraignment on 11 felony forgery charges on June 16, Trump has regained the presidency, and he and his allies are undertaking extensive efforts to rewrite what happened in the 2020 election.
Since returning to office, Trump has issued a federal pardon to those involved in the 2020 scheme, and his administration has sent the FBI to investigate the 2020 election in Wisconsin and elsewhere.
The federal criminal case against Trump over his efforts to overturn the 2020 election has been dismissed. And, until recently, his administration had plans to allocate $1.8 billion to compensate people it claimed had been unfairly prosecuted by the federal government, raising questions about whether participants in the Jan. 6, 2021, Capitol riot and those involved in the fake elector schemes could receive taxpayer funds.
Other state cases have also faltered. Georgia’s election interference case has been dismissed, though not before the prosecution secured some guilty pleas from Trump’s allies. Michigan’s false elector case has also been dismissed. Arizona’s remains unresolved after a major setback for the prosecution, and Nevada’s just resumed after its Supreme Court revived charges that a lower court had thrown out.
Kaul faced criticism for filing his charges so late — it was the last criminal case to be filed regarding the fake electors. But two years later, that timing has left Wisconsin’s as one of the last cases standing in the broader, mostly failed effort to prosecute Trump and his allies for their attempt to overturn the 2020 election.
“The direction of activity has completely flipped, from prosecuting the people who were disrupting the election or inhibiting the normal flow of events to now going after Trump’s adversaries,” said Barry Burden, a UW-Madison political science professor who founded the Elections Research Center.
The Trump administration’s new investigation into the 2020 election in Wisconsin and elsewhere, Burden said, “seems to be a targeted effort at people who were mostly upholding the law and trying to administer an election in a very difficult environment.”
Amid the federal government’s current activity, and nearly six years removed from the 2020 election, Burden said any guilty finding in the Wisconsin fake elector case would likely have a muted effect.
“If we wanted the public to believe that there were ramifications for that kind of unlawful behavior, it would have to happen quickly and publicly, and feel like it was an immediate response to what people had done after the 2020 election,” he said. “But that’s not where we are six years later.”
‘Shocking’ if there are no ramifications in Wisconsin
The Wisconsin criminal case is still in its preliminary stages. Although it was filed two years ago, a number of motions and an appeal have set the case back significantly.
The defendants — former Dane County Judge Jim Troupis, who was Trump’s Wisconsin campaign attorney in 2020; attorney Kenneth Chesebro, who advised Trump on legal matters; and former Trump aide Mike Roman — are scheduled to be arraigned on June 16.
Each faces 11 felony charges for his part in allegedly guiding Wisconsin’s 10 fake electors to send documents to the U.S. Capitol falsely stating that Trump had won Wisconsin in the 2020 election.
The 10 false electors from 2020 aren’t defendants in the current case, but they separately settled a civil lawsuit in Wisconsin by acknowledging that Biden won the 2020 election and pledging not to violate election laws in the future.
Chesebro and Troupis separately reached a settlement in that case, turning over a trove of documents outlining their role in 2020 and agreeing not to participate in similar schemes in future elections.
Text messages and emails show that Chesebro was a primary architect behind the 2020 plan to have Wisconsin’s GOP electors attest that Trump won the state while Trump’s court challenges seeking to overturn the election were still ongoing. Troupis discussed that plan with the Trump campaign, and Roman helped craft the language of the documents Republicans planned to send to the Capitol from states that Biden won.
Troupis has since asked the federal government to reimburse him $3.2 million from the proposed $1.8 billion fund, saying his life has been a “nightmare” since he stepped up to represent Trump.
“My experience is a poster-child for what weaponization can do,” he wrote in a letter to Acting Attorney General Todd Blanche, adding that “the entire legal system is at risk if compensation is not paid.”
Attorneys for Chesebro and Roman didn’t respond to requests for comment, and Troupis’ attorney declined to comment.
Burden said it is striking that the case is still ongoing nearly six years after the election, but he said the conduct at issue remains extraordinary.
“These were among the most serious challenges to elections we’ve seen in modern times,” Burden said.
“To think that there might be no ramifications of that really would be shocking,” he said, “and, I think, at odds with how the American criminal justice system has typically operated.”
*Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander atashur@votebeat.org.
Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.
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===
FANNI ga DEAD, AND TRUMP IS GOING AFTER RECORDS FOR bs REVIS? CONTEXT
AN 12 25
When Donald Trump won the 2024 GOP presidential nomination, he was facing four criminal indictments — two of them pertaining to his efforts to overturn Joe Biden's victory in the 2020 election. One was a federal case prosecuted by then-special counsel Jack Smith for the U.S. Department of Justice (DOJ); the other was a Georgia case prosecuted by Fulton County District Attorney Fani Willis.
After Trump won the 2024 election, Smith cited DOJ's policy against prosecuting a sitting president. And in late November, Fulton Superior Judge Scott McAfee ruled that the Georgia case was officially "dismissed in its entirety."
But that doesn't necessarily mean that allies of Trump cannot face election interference-related charges.
In a decision on Monday, December 15, Dane County, Wisconsin Circuit Judge John Hyland ruled that there was probable cause to move forward with 11 felony charges against two Trump allies in that state: Jim Troupis (Trump's 2020 campaign attorney for Wisconsin) and Mike Roman (director of Trump's 2020 Election Day operations). Troupis and Roman are facing charges for their role in the fake elector scheme of 2020.
According to Associated Press reporter Scott Bauer, "The charges relate to attempts by the former aides to present a slate of Republican electors to Congress falsely claiming that Trump had won Wisconsin that year even though he lost to Democrat Joe Biden. The Wisconsin case is moving forward even as others in the battleground states of Michigan and Georgia have faltered. A special prosecutor last year dropped a federal case claiming Trump conspired to overturn the 2020 election. Another case in Nevada is still alive."
Hyland, Bauer notes, "said communication from the defendants showed their intent to present as legitimate a certificate awarding Wisconsin's 10 electoral votes to Trump, not a document to be accepted only if a court ruled that Trump won the state."
"The preliminary hearing of a third person charged, former Trump attorney Ken Chesebro, was postponed amid questions about what statements the man made to prosecutors that could be admitted in court," Bauer reports. "The judge said he wanted to hold a separate hearing on whether comments Chesebro made in an agreement with Wisconsin investigators were allowed to be admitted at trial."
*Read the full Associated Press article at this link.
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rww
06/26/2025
by
- Ian Millhiser @ Vox: The Supreme Court’s disastrous new abortion decision, explained
The Republican justices just nuked much of federal Medicaid law, in order to spite Planned Parenthood.
- Edith Olmstead @ The New Republic: Pete Hegseth Uses Iran Strike Presser to Complain Media Is Mean to Him
Defense Secretary Pete Hegseth attempted to bully journalists for covering the leaked Iran strikes report.
- Alex Bollinger @ LGBTQ Nation: Christians warned marriage equality would end civilization. 10 years in, we’re still standing.
Perhaps the most dire prediction right-wingers made in the first 15 years of this century was that legalizing marriage between two people of the same sex would end civilization. No less than the pope warned that humankind was in peril because of countries legalizing marriage.
- David Edwards @ Raw Story: Trump 2020 fake electors architect disbarred in New York
Kenneth Chesebro, an attorney who plotted to use fake electors to overturn the 2020 presidential election on behalf of President Donald Trump, was disbarred in the state of New York this week.
- Angry White Men: Laura Loomer: Zohran Mamdani Will ‘Stand With’ People Who Firebomb Churches And Synagogues
Once it became apparent that New York state Rep. Zohran Mamdani was the presumptive winner of New York City’s mayoral primary, right-wing figures went into full-blown hysterics. But few could top the meltdown from self-proclaimed “proud Islamophobe” Laura Loomer, who claimed that Mamdani will support firebombing synagogues and murdering the rich — including President Trump.
- Jennifer Bendery @ HuffPost: Trump Court Pick Emil Bove Can’t Say Joe Biden Won In 2020
The U.S. appeals court nominee claimed it is “political” to say Biden got the majority of votes and Electoral College votes to become president.
===
an 6 24
alternet-no lnx
Why this Trump ally is 'most important person charged' in Wisconsin scheme: legal expert
Maya BoddieJune 04, 2024
Attorney Kenneth Chesebro was one of three former President Donald Trump allies charged by the state of Wisconsin Tuesday in connection to the 2020 fake elector's scheme led by the ex-president's campaign in efforts to overturn the election.
The fake elector ploy architect was indicted alongside Wisconsin lawyer James Troupis and former Trump campaign official Michael Roman — each on one count of forgery. CBS News reports, "The three are set to make their initial appearances in Dane County Circuit Court on Sept. 19, court records show. The charge carries a sentence of up to six years in prison and a fine of up to $10,000."
MSNBC legal correspondent Lisa Rubin explained to host Katy Tur how the Wisconsin charges differ from 2020 election fake elector charges in Georgia and Arizona, and why Chesebro is the "most important person charged in this document today."
READ MORE:Kenneth Chesebro among Trump allies hit with new fake elector indictments in Wisconsin
Rubin explained, "There are five suits now with respect to these fake elector schemes. Ken Chesebro is charged only in two of them. He was charged in Georgia, where he pled guilty and, now today, he's charged in Wisconsin. I want to tell you what makes this different, because Ken Chesebro's involvement in Wisconsin is qualitatively different. First of all, Wisconsin is where it all began. This is the state for which he wrote the original memo about fake electors in early December of 2020."
The legal expert continued, "Secondly, he attended the meeting of fake electors in Wisconsin. He basically crashed it, even though he had no right to be there."
Tur asked, "Isn't the argument in Georgia that he never went to Georgia and he couldn't be involved in the conspiracy because he never stepped in the state?"
Rubin replied, "It may have been one of his arguments before he pled guilty, but now having pled guilty, whether or not he stepped into the state of Georgia is irrelevant."
READ MORE:Watch: Trump lawyer Kenneth Chesebro strikes last-minute plea deal with Georgia prosecutors
"But here, he was in Wisconsin?" Tur added.
Rubin emphasized, "But here he was in Wisconsin, definitely involved in the meeting itself, then with the Wisconsin documents don't reach Washington, DC, and aren't received by members of congress, the Wisconsin republican party has a part-time aide fly them out there, who is there to receive them from her? None other than Ken Chesebro. And finally, while he did conduct an interview with wisconsin investigators, they discovered that he lied to them about his Twitter account, something that Michigan investigators also discovered. So, unlike in other states where he is theoretically a cooperator and an unindicted co-conspirator, here, he's probably the most important person charged in this document today.
Watch the video below or at this link.
Why Kenneth Chesebro is 'most important person charged' in Wisconsin: legal expert
youtu.be
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JUNE 6 2024
Dem AG Josh Kaul this morning filed felony charges against attorneys Jim Troupis and Kenneth Chesebro, as well as former Donald Trump campaign aide Michael Roman, stemming from the false electors scheme in Wisconsin.
Kaul filed a class H felony against each of the three this morning in Dane County Circuit Court, according to online records. Each has an initial appearance scheduled for Sept. 19.
Kaul, who has faced criticism for the pace of his investigation into the scheme, scheduled a noon news conference today to discuss the development.
Troupis, of Cross Plains, and Chesebro, who lists a San Juan address in court records, were part of the legal team that advised Wisconsin’s 10 GOP electors to meet and cast their votes for Trump even though Joe Biden won the state in 2020. Republicans have argued that move was to preserve Trump’s legal options as he challenged the results.
Roman was indicted alongside Trump in the Georgia election interference case and has been connected to probes into other states where similar schemes were carried out.
See more in today’s PM Update.
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AM PROSPECT
6 24
On Tuesday, Wisconsin became the fifth state to file criminal charges stemming from the plot by Republicans to overturn the 2020 election by submitting forged electoral certificates falsely claiming that Donald Trump had won the vote.
Wisconsin Attorney General Josh Kaul announced a felony indictment on June 4 against two attorneys, Kenneth Chesebro and Jim Troupis, and campaign aide Mike Roman, all of whom helped orchestrate the scheme to submit false paperwork claiming to represent that state’s electoral votes. The group was charged with conspiracy to commit forgery.
The indictments are another small step toward establishing the official record of the stunning and destabilizing events of the 2020 election, even in the face of a continuing barrage of disinformation from the Republican Party, and despite the plodding pace and laxity of law enforcement in one of the most important criminal cases in the country’s history.
A former adviser and assistant to then-President Trump, Peter Navarro, recently reported to prison to serve a sentence for contempt of Congress, after defying a subpoena to testify about the plot. Rudy Giuliani, another former adviser and Trump lawyer, was served with an indictment for his participation in the scheme in Arizona, after disclosing his location at a birthday party in a social media post that mocked law enforcement officials for being unable to locate him. And Trump himself was convicted last week for falsifying records in an effort to cheat in theprevious presidential election, in 2016. And that’s just since March.
Meanwhile, Republicans remain uniformly unbothered by the unprecedented, multipronged assaults on our democracy, and by Trump’s personal role. And they’ve continued to push false narratives about the former president being politically targeted, along with a need to protect against allegedly widespread voter fraud.
Still, the verdicts thus far, the plea deals, pending prosecutions, and indictments, as well as the public evidence, tell a different story. Taken together, they make it clear that there was an illegal scheme, involving the core of the Republican leadership, to overturn a legitimate election by fraud and by force—and that those efforts to disenfranchise voters were targeted against Black and Latino people specifically.
The broader scheme that resulted in the recent charges in Wisconsin, for example, didn’t question ballots across the state. It sought to disqualify votes only in Milwaukee and Dane Counties, where a supermajority of nonwhite Wisconsinites live. (Milwaukee County includes the city of Milwaukee, and Dane includes college town and liberal bastion Madison.)
That observation wasn’t lost on a Wisconsin Supreme Court justice, who told Troupis in 2020 that Trump’s lawsuit asking the courts to scrap hundreds of thousands of absentee ballots solely in those counties “smacks of racism.”
The same goes for just about every other county and city whose voters were portrayed by Trump and his allies as potential criminals and somehow “illegitimate,” like Maricopa County, Arizona, which includes Phoenix; Clark County, Nevada, which includes Las Vegas; and Atlanta, Philadelphia, and Detroit.
If you’ll recall, the dog whistles being used at that time were often pitched at the tone of an emergency siren; the underlying racism was fairly obvious to many other observers.
Bob Bauer, then a senior legal adviser to President Joe Biden’s campaign, told NPR in November 2020 that there was nothing subtle about Trump’s “targeting of the African American community.”
“It’s quite remarkable how brazen it is,” Bauer said. “This is straight out, discriminatory behavior.”
The illegal plot to overturn the election is overwhelmingly a racist plot to return Black voters and other voters of color to second-class citizenship, stripped of their voting rights.
And here’s how Nevada’s attorney general, Aaron Ford, put it when I interviewed him that same month: “I can say, as succinctly as possible: These are Jim Crow-era efforts to disenfranchise voters.”
The “fake elector” scheme was a central component of Trump and his allies’ scattershot strategy to subvert the election result, according to the separate indictments and ongoing prosecutions brought by the Justice Department against the many co-conspirators.
The latest indictments in Wisconsin are the first in the state, which was where the plot actually originated before being attempted elsewhere.
The charging documents lay out the three defendants’ role in promoting the theory behind the unlawful scheme, and how they coordinated to transmit forged electoral certificates to a
as their bagman, ultimately delivering the fraudulent paperwork to Chesebro in Washington, D.C. The young woman received a selfie from Chesebro so that she could identify him, and later text-messaged the co-conspirators saying, “5 mins until I make the drop,” adding, “I feel like a drug dealer.”
The forged documents were delivered to a staffer for an unnamed Pennsylvania congressman; and the plan was supposed to culminate with then-Vice President Pence simply rejecting his legal duty to open the envelopes containing the electoral vote certificates, or reading out the results from the fake certificates instead, according to the indictments.
At this point, the Wisconsin case seems pretty airtight. Ten people who actually stood in as “alternate” (i.e., fake) electors have accepted a settlement in a different, civil lawsuit brought by two (real) Wisconsin electors and a voter. The Wisconsin fake electors even formally repudiated their false claims as part of the settlement, including admitting that they “were not the duly elected presidential electors,” and that their actions were “part of an attempt to improperly overturn the 2020 presidential elections.” One of the false electors, who is also a former chairman of the Wisconsin Republican Party, has said they were “tricked by the Trump campaign” into signing a document claiming Trump won the state.
Chesebro and Roman have also been charged along with Trump in a racketeering indictment in Georgia; Chesebro has pleaded guilty in that case and agreed to provide evidence. (The case was temporarily put on hold Wednesday while the court reviews a conflict-of-interest allegation against the prosecutor, which likely pushes out that trial beyond the presidential election.)
The indictments in other states also shore up the allegations about the conspiracy, and they show the involvement of Republican Party leadership around the country.
State authorities in Georgia, Nevada, Michigan, and Arizona have also brought charges stemming from the plot. The former chairs of the Michigan Republican Party and the Georgia Republican Party have been charged for helping submit electoral certificates. And the indictments against Chesebro and others implicate the Republican National Committee as well.
The latest charging documents point out that “Trump, Michael Pence, and the Trump campaign filed lawsuits in Dane County Circuit Court and Milwaukee County Circuit Court, ‘seeking to invalidate a sufficient number of Wisconsin ballots to change Wisconsin’s certified election results.’”
The two cities are Wisconsin’s most diverse. The city of Milwaukee, for example, is majority-minority, with Black and Latino people accounting for about 59 percent of its population.
Those patterns hold in virtually all of the places targeted by the Trump campaign and Republican Party’s efforts. Both Maricopa County and Clark County, for example, are about 32 percent Latino, and Atlanta, Philadelphia, and Detroit are all plurality- or majority-Black.
Of course, the specter of massive voter fraud in those counties and cities was and is a myth, based on nothing more than racist tropes, and barely hidden by racially coded language.
Trump and his allies routinely invoke race, almost always to marginalize and degrade nonwhite people, but often without actually using explicitly racist or racial language. The illegal plot to overturn the election, in other words, is overwhelmingly a racist plot to return Black voters and other voters of color to second-class citizenship, stripped of their voting rights.
As part of the scheme, Trump and other defendants spread knowingly false claims of election fraud, including lies about two specific, Black Atlanta election workers, Ruby Freeman and her daughter Shaye Moss—facts that are a part of the federal and Georgia indictments.
Trump, for example, falsely claimed that Freeman, a temp worker in her sixties, was actually a “professional vote scammer” and “hustler.” He mentioned Freeman by name 18 different times in his now-infamous call in which he pressured and at times threatened Georgia officials to alter the election results.
While trying to overturn the election in 2020, Trump baldly asserted that Detroit and Philadelphia are “two of the most corrupt political places anywhere in our country, easily.” He has previously singled out Oakland and Baltimore, saying living in those cities is “like living in hell.” And the former president has also described Atlanta as “crime-infested” and a “Murder and Violent Crime War Zone.”
Trump’s lawyer, Giuliani, falsely claimed that there was video footage of Freeman and Moss acting suspiciously during the voting process, and compared them to drug dealers “passing out dope.”
Freeman and Moss have since faced horrific, racist death threats, as they explained during emotional congressional testimony in June 2022. Because of this, they sued Giuliani and were awarded $148 million in damages for defamation.
Giuliani also held a press conference in the midst of the unfolding scheme, where he claimed that people are still using the names of dead Black Philadelphians—mentioning Joe Frazier and Will Smith’s late father, specifically—to vote long after they are deceased.
Legal scholars Catherine Powell and Camille Gear Rich explained in a 2020 paper how Trump’s language in the Georgia phone call effectively remobilized the old racist trope of a political trickster known as the “welfare queen,” transforming her from a welfare-and-benefits fraudster into a voter fraudster, “still Brown, female, and poor, but now out to steal American democracy.”
Despite all the evidence—including public admissions of the conspiracy, if not all the details—we are still quite far from official legal accountability and consequences for what was a serious, internal attack on our democratic institutions. Still, the public record is clear enough, even today, as a matter of history, and the enforcement actions by officials in Wisconsin and elsewhere will continue to flesh out the details of the crimes.
POLITICS REPUBLICANS DONALD TRUMP ELECTION 2020 RACE & ETHNICITY ELECTORAL COLLEGE VOTING RIGHTS DEMOCRACY WISCONSIN GEORGIA
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AN 6 24
Chesebro among Trump allies hit with new fake elector indictments in Wisconsin
===}:
3 24
Attorney Kenneth Chesebro, a co-defendant in Fulton County, Georgia District Attorney Fani Willis' election interference/RICO case against former President Donald Trump, dodged a possible prison sentence when he reached a plea agreement with her office.
As part of the plea deal, Chesebro must fully cooperate with Willis' team — and that includes being forthcoming about his role in the fake electors scheme and efforts to overturn President Joe Biden's victory in Georgia.
But Georgia wasn't the only state where Chesebro wanted Trump to receive electoral votes that Biden won.
READ MORE:'Moral cowardice': Mitch McConnell slammed for 'pathetic' endorsement of 'vicious autocrat' Trump
On March 5, the Associated Press reported that as part of a civil lawsuit settlement in Wisconsin, Chesebro and former judge Jim Troupis "turned over more than 1400 pages of documents, e-mails and text messages, along with photos and video, offering a detailed account of the scheme's origins in Wisconsin."
In an opinion column published the following day, MSNBC's Hayes Brown points to this settlement as a troubling illustration of how dangerous the fake electors scheme was.
"Wisconsin was one of several key swing states, including Michigan and Georgia, where Trump's allegations of fraud quickly ran into the reality of the courtroom," Brown explains. "But, as he would hash out in his messages with former judge Jim Troupis, Chesebro found it better to think of the lawsuits challenging Biden's win as a convenient pretext for a more novel, underhanded strategy."
Brown continues, "Ongoing litigation would leave the election’s outcome in question when the Electoral College was required to meet on December 8, 2020; Republican electors in several states where Trump lost would also cast their votes that day — a supposed precaution should the campaign's lawsuits eventually win out. But, as Chesebro suggested early on, those fraudulent votes would allow Republican-controlled state legislatures to demand Congress count the 'alternate slates,' rather than those cast for Biden."
:{READ MORE:'High-level decision': Trump lawyer details plot to fly fake elector papers to DC in new recordings
The MSNBC journalist stresses that Chesebro's actions went way beyond being a mere political "stunt."
"A 'stunt' is meant for show," Brown writes. "It seems, though, that the Trump campaign was hoping its plan would be consequential; in other words, it lacked the presumption of failure…. Even once the Supreme Court made it clear that it wouldn't step in to save Trump's doomed legal challenges, it wasn't the end of Chesebro's scheme."
Brown continues, "Instead, it simply merged with that of lawyer John Eastman, who argued in his own set of memos that Vice President Mike Pence should use the alternate slates that Chesebro had fostered to either throw the election for Trump or kick the matter back to GOP-controlled state legislatures."
READ MORE:'Lifestyles of the rich and famous?' Fox host scoffs at argument to disqualify Fani Willis
*:{Read Hayes Brown's full MSNBC op-ed at this link.
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an 2 24 tpm
as he moves closer and closer to the 2024 GOP presidential nomination, Donald Trump continues to face four criminal prosecutions and a variety of civil lawsuits. Two of the criminal prosecutions — one by special counsel Jack Smith for the U.S. Department of Justice (DOJ), the other by Fulton County, Georgia District Attorney Fani Willis for the State of Georgia — involve Trump's efforts to overturn the 2020 election results.
In Willis' case, some of the co-defendants are attorneys who joined him in falsely claiming that the 2020 election was stolen from him — including Rudy Giuliani, Kenneth Chesebro, Jenna Ellis and Sidney Powell.
In an article published on February 12, Talking Points Memo's Josh Kovensky reports that newly uncovered documents illustrate the role that attorneys played in Trump's plan to stay in the White House despite losing the 2020 election to now-President Joe Biden.
READ MORE:'High-level decision': Trump lawyer details plot to fly fake elector papers to DC in new recordings
"In late 2020, a group of conservative movement attorneys set out to build a legal pathway by which Donald Trump could stay in power, having lost the election," Kovensky explains. "We've known about the outcome of their work for three years now: how it led to the violence of January 6, and fed the dream of Trump's supporters that he might continue to serve after January 20, 2021. But TPM can now reveal the ways in which their theorizing, in early stages, went even further than previously known, imagining a January 6 that lasted for not hours but days, an intervention by Supreme Court justices that they presumed to be loyal to President Trump, and a vice president who upended his constitutional duties, allowing the U.S. to descend into chaos.
A "trove of documents" that TPM has obtained, according to Kovensky, "details many of the conversations among Trump campaign lawyers, and, in particular, the theories offered by Kenneth Chesebro, an attorney who worked with the campaign in the months leading up to January 6."
Chesebro, like Ellis and Powell, has flipped on Trump and agreed to fully cooperate with the Fulton County DA's Office in order to avoid prison. But in 2020, he was determined to help keep Trump in the White House.
"Chesebro, an appellate lawyer, provided a legal framework in which, he contended, Trump could still win — or at least cause enough confusion and chaos that the conservative Supreme Court would have to get involved in picking the president," Kovensky reports. "His plan envisioned several gambits which have now become familiar building blocks of the legal portion of the coup attempt, and the basis for criminal charges across the country: creating slates of fake electors, having Mike Pence refuse to count Biden's electoral votes on January 6, and ultimately tossing the whole issue to the High Court."
READ MORE:Watch: Trump lawyer Kenneth Chesebro strikes last-minute plea deal with Georgia prosecutors
Kovensky notes that "TPM obtained the trove of documents after Ken Chesebro supplied e-mails, texts, and memos from his time with the Trump campaign to Michigan prosecutors in Attorney General Dana Nessel (D)’s office, which has been investigating the fake electors scheme."
The reporter adds, however, that "the thousands of e-mails, memos and texts only represent what Chesebro experienced directly and what he chose to share."
In other words, Trump lawyers' efforts to overturn the election results went way beyond the documents TPM has obtained.
"The records are not comprehensive of the Trump campaign's entire effort to reverse the President’s loss," Kovensky points out. "They reflect what Chesebro provided as he sought to avoid further prosecution, and what reached TPM."
READ MORE:[Fani Willis admits to relationship with Nathan Wade but dismisses 'irrelevant allegations
*Read the full Talking Points Memo report at this link.
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an 12 23
as part of his plea deal with Fulton County, Georgia District Attorney Fani Willis, former Donald Trump attorney Kenneth Chesebro must come clean about his role in efforts to overturn the 2020 election results — including the fake electors scheme.
According to CNN, a newly released batch of leaked recordings shows the extremes that Trump went to in order to get fake Electoral College documents to Washington, D.C. before Congress' certification of the electoral vote count on January 6, 2021. Former federal prosecutor Tim Heaphy discussed this development during a
, including the possible implications for special counsel Jack Smith's case.
Trump's efforts to stay in office despite losing the election to now-President Joe Biden are the focus of a case being prosecuted by Willis and a separate federal case being prosecuted by Jack Smith.
Heaphy, who was the lead investigator for the January 6 Select Committee,
, "My guess is that Chesebro's information, which is new…. will factor into the special counsel's investigation. The fake elector plot is part of the evidence that will be presented by the special counsel that bears directly upon the president's — former president's — intent to disrupt the joint session."
Heaphy added that Chesebro likely "has information that will be useful to the special counsel."
The former federal prosecutor told Berman, "We knew the core story that the RNC, the Trump campaign, were together generating the submission of the fake electors — and this was part of an orchestrated multi-state plan to submit them to the joint session and to have them be considered by the vice president and the members on the floor. There's some new details; this is new sort of meat on the bones."
Heaphy continued, "Chesebro's account of the sort of frenetic scramble to get them to the Capitol on January 6 is new, but we knew that the RNC and the Trump campaign were coordinating it. And we knew that Vice President Pence ultimately refused to accept them."
READ MORE:'High-level decision': Trump lawyer details plot to fly fake elector papers to DC in new recordings
On December 28, CNN's Marshall Cohen said of the newly revealed recordings, "We've known bits and pieces of this story, but now, we're getting the full picture. And it comes from Ken Chesebro, who, in many ways, was the architect of the fake electors' plot."
During his conversation with Berman the following day, Heaphy explained how the January 6 Select Committee's work is relevant to Smith's case and noted, "We made the same determination — the Select Committee did — that the president's actions, not just on January 6, but leading up to it, incited insurrection."
READ MORE:'He's got Trump's number': Ex-federal prosecutor explains 'strategy' of Jack Smith’s newest motion
*Watch the full video below or at this link.
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an 12 23
in leaked recordings from conversations with prosecutors in Michigan, former Trump attorney Kenneth Chesebro explained how he sold former President Donald Trump false hope about overturning the 2020 presidential election.
CNN published the audio on Wednesday. Chesebro can be heard talking about an Oval Office photo op with then-lame duck President Trump. During his interactions with Trump, Chesebro apparently defied instructions from fellow attorney Jim Troupis — who tried and failed to challenge election results in the battleground state of Wisconsin — to not say anything to the outgoing president to get his hopes up about overturning the election.
"I ended up explaining that Arizona was still hypothetically possible — because the alternate electors had voted," Chesebro said in one of the recordings. "Justice [Ruth Bader] Ginsburg and [Harvard law professor emeritus] Laurence Tribe had both written that January 6 was the real deadline."
"So it was, I think clear in a way that maybe it hadn't been before that we had until January 6 to win," Chesebro said, while clarifying his comments emphasizing the importance of the January 6 deadline.
According to CNN, Chesebro was chastised after his interaction with Trump by former White House Chief of Staff (and former Republican National Committee chairman) Reince Priebus, who was reportedly "visibly angry" following Chesebro's conversation.
READ MORE:Former Trump lawyer and GA co-defendant now cooperating in 2 new 'fake elector' investigations
"Right after that meeting, Troupis said Reince Priebus was extremely concerned with what I told the president about Arizona and about the real deadline being January 6, and that he was going to do damage control," Chesebro is heard saying. "Reince was going to follow up and was going to try to mitigate whatever optimism I had created."
Chesebro, along with other Trump attorneys like John Eastman and Jeffrey Clark, was a primary architect of the so-called "fake electors" plot. That plot involved GOP activists from swing states Joe Biden narrowly won presenting themselves as members of that state's electoral college, whereupon they would cast their electoral votes for Donald Trump in defiance of their state's voters.
After entering his guilty plea in Fulton County District Court in Georgia in late October, Chesebro has since cooperated with investigators in four other states: Arizona, Michigan, Nevada and Wisconsin. While cooperation won't guarantee that Chesebro avoids jail time altogether, it could result in lesser sentences.
READ MORE:Watch: Trump lawyer Kenneth Chesebro strikes last-minute plea deal with Georgia prosecutors
To listen to the recordings, scroll up or click this link.
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oct now fully co op?
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an 10 23
an Atlanta, jury selection will soon be underway in the criminal trials of two co-defendants in Fulton County District Attorney's criminal indictment of former President Donald Trump: Sidney Powell and Kenneth Chesebro, both lawyers who represented Trump after the 2020 election.
In a report published on October 17, the Daily Beast's Jose Pagliery describes the efforts of MAGA lawyers to "pollute the jury" in those trials.
"Friday marks the start of what promises to be an arduous and protracted jury selection, one that could take weeks because prosecutors and defense lawyers are trying to settle a fundamental question: How do you agree on a dozen fair-minded jurors when the Fulton County district attorney claims that every Georgian was victimized by a plot to deny their vote?" Pagliery explains. "A pre-trial hearing on Monday showed just how difficult it'll be — and how defense lawyers drafting a questionnaire for all potential jurors are already explicitly asking the judge to break the rules."
Pagliery adds, "In a case already denounced by Trump loyalists as nothing more than partisan politics, Powell and Chesebro's lawyers want to conduct what the judge deemed a highly irregular 'Gallup poll' to gauge how jurors 'feel' about everyone who took part in the attempt to flip the 2020 election results. Stranger still, the defense team wants to ask — point blank — reactions to statements that elicit deeply sectarian biases, such as: MAGA Republicans are radicals and white supremacists, and Trump tried to steal the election and take away my vote."

Fulton Superior Court Judge Scott McAfee, according to Pagliery, "reminded everyone that there are longstanding rules that prohibit — for obvious reasons — essentially asking a juror how they'll judge a case before they even hear any of the evidence."
"McAfee seemed particularly uncomfortable with the way the defense lawyers want to list potential witnesses and all 19 defendants in the case — everyone ranging from the former president to a relatively unknown U.S. Marine who's involved with Black Voices for Trump — and ask prospective jurors how they feel about these people," Pagliery notes. "The options apparently ranged from 'very unfavorable' to 'very favorable,' prompting the judge to deride it as a 'Gallup poll.'"
READ MORE:Fani Willis fires back after Kenneth Chesebro asks court to suppress fake elector docs
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an 8 23
Revealed: One-time 'liberal' Dem is the 'brains' behind Trump’s 'fake electors'
Brandon Gage August 16, 2023
United States Justice Department special counsel Jack Smith, Fulton County, Georgia District Attorney Fani Willis, and Michigan Attorney General Dana Nessel have all filed criminal indictments against individuals involved with a scheme to send slates of fraudulent electors to Washington as part of the alleged conspiracy to keep former President Donald Trump in power after he lost the 2020 election to President Joe Biden. On Wednesday, The Washington Post's Isaac Stanley-Becker revealed that the "brains" behind the clandestine operation, attorney Kenneth Chesebro, "a Harvard-trained lawyer once keen on liberal causes" who "registered as a Democrat as recently as 2016."
While Chesebro "may be the least well known of the small set of figures key to both indictments," Stanley-Becker writes, "his retreat from public" following the January 6th, 2021 insurrection "has deepened the mystery for former classmates and colleagues puzzling over how he became a central player in plans to reverse the outcome of a democratic election."
Having studied under renowned Harvard University Professor Emeritus Laurence Tribe — whom he cited in his recently-publicized memo outlining the fake electors gambit — Chesebro's descent into right-wing politics has left his contemporaries baffled, Stanley-Becker notes. That includes Tribe himself.
Chesebro "was not making good-faith legal arguments for his client," Tribe said. "He was inventing legal fiction that paid no attention to the law and creating a pretext for a conspiracy to steal an election." He added that "I had the impression that Ken really cared about the underdog, about people who were screwed by the system."
Lawyer Jonathan Massey recalled that Chesebro, who worked on then-Vice President Al Gore's legal challenge to the Supreme Court's decision to award George W. Bush the presidency in 2000— was "a pretty standard liberal" who "idolized Larry Tribe."
But Chesebro's pro-Trump argument that "any state can submit new electors at any time," Tribe said, was a gross distortion of their work more than two decades ago and "the birth pangs of Trump's plot, as I see it."
Stanley-Becker recalls that Chesebro's partisan affiliations began to shift after he invested a "low six-figure sum" in cryptocurrencies that purportedly netted him a return of "several million dollars."
READ MORE: 'Cliffs Notes' versus 'encyclopedic': Report contrasts Smith’s and Willis’ Trump election indictments
In 2016, Stanley-Becker continues, Chesebro aligned himself with the Claremont Institute, a right-wing think tank, where he would meet attorney John Eastman, who also now finds himself indicted along with Trump, Chesebro, and other accused co-conspirators in Georgia. On November 8th, 2020, Chesebro "urged Trump electors to meet and vote in Wisconsin because of the ongoing recount in that state," Stanley-Becker explains. On December 6th, Chesebro proposed "that Trump electors should convene not just in Wisconsin but in six 'contested States' as a way to 'prevent Biden from amassing 270 electoral votes.'"
That was the crux of the effort to have ex-Vice President Mike Pence "not just open but count the sham votes, creating uncertainty about the election's true victor. In a memo three days later, federal prosecutors charge, Chesebro provided 'instructions on how fraudulent electors could mimic legitimate electors,'" Stanley-Becker adds.
Then, on December 13th, Chesebro "emailed Trump lawyer Rudy Giuliani to argue that Pence could choose from among 'conflicting votes' presented to Congress, according to documents released by House investigators and cited in the Georgia indictment," Stanley-Becker states. "Chesebro went on to distribute instructions and draft certificates to the sham electors in the various states, prosecutors allege."
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Chesebro, Tribe stressed to Stanley-Becker, was "the brains" and "if the pressure campaign on Pence had worked," he and Eastman "would have generated a successful coup."
READ MORE: 'Hammered by his old friend, RICO': Columnist analyzes Giuliani’s 'bewildering' fall from grace
View Stanley-Becker's analysis at this link (subscription required).
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https://www.atlantanewsfirst.com/2023/08/15/here-are-19-people-named-sweeping-indictments-against-donald-trump/
no lnx
Here are the 19 people named in the sweeping indictment against Donald Trump
Here is a list of who is named in Fani Willis’ sweeping indictment of the nation’s 45th president and his allies.
By Tim Darnell, Atlanta News First staff and The Associated Press
Published: Aug. 14, 2023 at 8:32 PM PDT|Updated: 6 minutes ago
ATLANTA, Ga. (Atlanta News First) - Fulton County DA Fani Willis’ sweeping indictment from her investigation into alleged attempts by former President Donald Trump to overturn Georgia’s 2020 election includes some of the most prominent figures in the Republican Party.
It comes just two weeks after the Justice Department special counsel charged him in a vast conspiracy to overturn the election, underscoring how prosecutors after lengthy investigations that followed the Jan. 6, 2021 riot at the U.S. Capitol have now, two-and-a-half years later, taken steps to hold Trump to account for an assault on the underpinnings of American democracy.
Though the indictment is centered on Trump’s efforts to subvert election results in just one state, its sprawling web of defendants stands apart from the more tightly-targeted case brought by special counsel Jack Smith, which so far only names Trump as a defendant. The Georgia case also stands out because, unlike the two federal prosecutions he faces, Trump would not have the opportunity to try to pardon himself if elected president.
FULL COVERAGE: Timeline, history and key players of historic indictment in Georgia
“Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined conspiracy to unlawfully change the outcome of the election in favor of Trump,” says the indictment issued Monday night by the office of Fulton County District Attorney Fani Willis.
The indictment charges Trump with making false statements and writings for a series of claims he made to Georgia Secretary of State Brad Raffensperger and other state election officials on Jan. 2, 2021, including that up to 300,000 ballots “were dropped mysteriously into the rolls” in the 2020 election, that more than 4,500 people voted who weren’t on registration lists and that a Fulton County election worker, Ruby Freeman, was a “professional vote scammer.”
Here are the 19 people named in the indictment:
- DONALD TRUMP: Then-President Donald Trump fixated on Georgia after the 2020 general election, refusing to accept his narrow loss in the state and making unfounded assertions of widespread election fraud there. He also called top state officials, including Gov. Brian Kemp, to urge them to find a way to reverse his loss in the state. In a Jan. 2, 2021, phone call with Georgia Secretary of State Brad Raffensperger, Trump suggested the state’s top elections official could help “find” the votes needed for him to win the state. Fulton County District Attorney Fani Willis opened an investigation into possible illegal attempts to influence the election shortly after a recording of that call was made public.
- RUDY GIULIANI: During several legislative hearings at the Georgia Capitol in December 2020, the former New York mayor and Trump attorney promoted unsupported allegations of widespread election fraud in Georgia. Prosecutors have said Rudy Giuliani was also involved a plan to have 16 Georgia Republicans serve as fake electors, falsely swearing that Trump had won the 2020 presidential election and declaring themselves the state’s “duly elected and qualified” electors.
- JOHN EASTMAN: A former dean of Chapman University law school in Southern California, John Eastman, one of Trump’s lawyers, was deeply involved in some of his efforts to remain in power after the 2020 election. He wrote a memo arguing that Trump could remain in power if then-Vice President Mike Pence overturned the results of the election during a joint session of Congress where electoral votes would be counted. That plan included putting in place a slate of “alternate” electors in seven battleground states, including Georgia, who would falsely certify that Trump had won their states.
- MARK MEADOWS: Trump’s chief of staff visited Cobb County, in the Atlanta suburbs, while state investigators were conducting an audit of the signatures on absentee ballot envelopes in December 2020. Mark Meadows obtained the phone number of the chief investigator for the secretary of state’s office, Frances Watson, and passed it along to Trump, who called her. He also participated in the Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger.
- SIDNEY POWELL: A lawyer and staunch Trump ally, Sidney Powell was part of a group who met at the South Carolina home of conservative attorney Lin Wood in November 2020 “for the purpose of exploring options to influence the results of the November 2020 elections in Georgia and elsewhere,” prosecutors have said. Wood, who’s licensed in Georgia, said Powell asked him to help find Georgia residents to serve as plaintiffs in lawsuits contesting the state’s election results. Additionally, emails and documents obtained through subpoenas in an unrelated lawsuit have shown that Powell was involved in arranging for a computer forensics team to travel to rural Coffee County, about 200 miles southeast of Atlanta, to copy data and software from elections equipment there in January 2021.
- KENNETH CHESEBRO:Prosecutors have said Kenneth Chesebro, an attorney, worked with Georgia Republicans in the weeks after the November 2020 election at the direction of Trump’s campaign. Chesebro worked on the coordination and execution of a plan to have 16 Georgia Republicans sign a certificate declaring falsely that Trump won and declaring themselves the state’s “duly elected and qualified” electors.
- JEFFREY CLARK: A U.S. Justice Department official who championed Trump’s false claims of election fraud, Jeffrey Clark presented colleagues with a draft letter pushing Georgia officials to convene a special legislative session on the election results, according to testimony before the U.S. House committee that investigated the Jan. 6, 2021, Capitol riot. Clark wanted the letter sent, but Justice Department superiors refused.
- JENNA ELLIS: The lawyer appeared with Rudy Giuliani at a Dec. 3, 2020, hearing hosted by state Republican lawmakers at the Georgia Capitol during which false allegations of election fraud were made. Jenna Ellis also wrote at least two legal memos to Trump and his attorneys advising that Pence should “disregard certified electoral college votes from Georgia and other purportedly ‘contested’ states” when Congress met to certify the election results on Jan. 6, 2021, prosecutors have said.
- RAY SMITH: A Georgia-based lawyer, Ray Smith was involved in multiple lawsuits challenging the results of the 2020 election in Georgia. He also gathered witnesses to provide testimony before Georgia legislative subcommittee hearings held in December 2020 on alleged issues with the state’s election.
- ROBERT CHEELEY: A Georgia lawyer, Robert Cheeley presented video clips to legislators of election workers at the State Farm Arena in Atlanta and alleged the workers were counting votes twice or sometimes three times. He spoke to the lawmakers after Giuliani.
- MICHAEL ROMAN: A former White House aide who served as the director of Trump’s election day operations, Michael Roman was involved in efforts to put forth a set of fake electors after the 2020 election.
- DAVID SHAFER: The chairman of the Georgia GOP, Shafer was one of 16 state Republicans who met at the state Capitol on Dec. 14, 2020, to sign a certificate declaring falsely that Trump had won and also declaring themselves the state’s “duly elected and qualified” electors. He also joined Trump in a lawsuit challenging the certification of the 2020 election in Georgia.
- SHAWN STILL: He was one of 16 Georgia Republicans who signed a certificate falsely stating that Trump had won the state and declaring themselves the state’s “duly elected and qualified” electors. Shawn Still was the finance chairman for the state GOP in 2020 and served as a Georgia delegate to the Republican National Convention that year. He was elected to the Georgia state Senate in November 2022 and represents a district in Atlanta’s suburbs.
- STEPHEN CLIFFGARD LEE: Prosecutors say Stephen Cliffgard Lee, a pastor, worked with others to try to pressure Georgia election worker Ruby Freeman and her daughter after Trump and his allies falsely accused them of pulling fraudulent ballots from a suitcase during the vote count. Lee allegedly knocked on Freeman’s door, frightening her and causing her to call 911 three times, prosecutors said in a court filing last year.
- HARRISON WILLIAM PRESCOTT FLOYD: Also known as Willie Lewis Floyd III, he served as director of Black Voices for Trump, and is accused of recruiting Lee to arrange a meeting with Freeman and Chicago-based publicist Trevian Kutti.
- TREVIAN C. KUTTI: Prosecutors allege publicist Trevian C. Kutti claimed to have high level law enforcement connections. They say Freeman met with Kutti at a police precinct, where she brought Floyd into the conversation on a speakerphone. Prosecutors say Kutti presented herself as someone who could help Freeman but then pressured her to falsely confess to election fraud.
- CATHY LATHAM: One of 16 Georgia Republicans who signed a certificate falsely stating that Trump had won the state and declaring themselves the state’s “duly elected and qualified” electors, Cathy Latham was also chair of the Coffee County Republican Party. She was at the county elections office for much of the day on Jan. 7, 2021, and welcomed a computer forensics team that arrived to copy software and data from the county’s election equipment in what the secretary of state’s office has said was “unauthorized access” to the machines.
- SCOTT GRAHAM HALL: An Atlanta-area bail bondsman, Scott Graham Hall was allegedly involved in commandeering voting information that was the property of Dominion Voting Systems from Coffee County, a small south Georgia jurisdiction. Also charged in the scheme were Powell, Latham and former county elections supervisor Misty Hampton.
- MISTY HAMPTON: She was the elections director in Coffee County. Misty Hampton was present in the county elections office on Jan. 7, 2021, when a computer forensics team copied software and data from the county’s election equipment. She also allowed two other men who had been active in efforts to question the 2020 election results to access the elections office later that month and to spend hours inside with the equipment.
Willis’ indictments come after months of speculation into whether the first-term Fulton County district attorney would bring charges against the nation’s 45th president. Among the former president’s mounting legal troubles, Willis’ indictments mark the second time Trump has been linked to any alleged attempt to overturn the 2020 presidential election. Those charges include allegedly pressuring Georgia election officials to change the election’s results, including his now-famous phone call to Secretary of State Brad Raffensperger on Jan. 2, 2021.
In February 2021, Willis opened a criminal investigation “into attempts to influence the administration of the 2020 Georgia General Election,” a contest that saw Joe Biden become the first Democrat to win Georgia since Bill Clinton in 1992 by less than one percent of the state’s overall vote.
A special grand jury with subpoena power was seated later that May at her request. In court filings, she alleged “a multi-state, coordinated plan by the Trump Campaign to influence the results of the November 2020 election in Georgia and elsewhere.” Willis’ investigation also examined an alleged plot involving 16 Republicans who served as fake electors, one of whom was allegedly then-state Sen. Burt Jones, now Georgia’s lieutenant governor.
Willis’ special grand jury investigation heard from 75 witnesses. Some of the more notable figures were Gov. Brian Kemp; Georgia Attorney General Chris Carr; Raffensperger; Duncan; former White House official Mark Meadows; former U.S. House speaker and Georgia congressman Newt Gingrich; and Republican South Carolina U.S. Sen. Lindsey Graham.
Last year, Raffensperger told a congressional committee investigating the Jan. 6, 2021, attack on the U.S. Capitol that Trump’s claims of 2020 election fraud “were false.”
Raffensperger, along with Gabriel Sterling, the office’s chief operating officer, appeared before the Democrat-led House Select Committee’s nationally televised public hearings. Raffensperger told the committee that the 2020 election went “remarkably smooth,” with average ballot-casting wait times between two to three minutes statewide. “I felt we had a successful election,” he said.
Trump has accused Willis of conducting a “strictly political witch hunt.” In a September 2022 statement, he also took aim at Atlanta as “number 1 in the country in murders and heinous crimes, especially on a per capita basis - even worse than now-fabled Chicago.”
“Yet the District Attorney there is spending almost all of her waking hours, which aren’t many, on attempting to prosecute a very popular president, Donald J. Trump, who got more votes in 2020 than any sitting president in the history of the United States,” Trump said at that time.
Timeline of Donald Trump/Georgia investigation
Trump timeline
Trump announced his 2024 White House candidacy last November.
Earlier this year, Willis notified Fulton County deputies she would announce charges from her investigation sometime between July 11 and Sept. 1. She also notified Fulton County Superior Court Judge Ural Glanville her office planned to work remotely during the first three weeks of August and asked no trials be scheduled during that time.
Willis’ indictments are the latest in a series of legal troubles for the nation’s 45th president. Back in April, Manhattan District Attorney Alvin Bragg indicted Trump on 34 felony counts of falsifying business records. With Bragg’s indictment, Trump became the first former president in history to be criminally indicted at any level.
In early May, Trump lost a civil battery and defamation case against him in New York in a case brought against him by E. Jean Carroll. The writer claimed Trump assaulted her in a New York department store back in the 1990s. A Manhattan federal jury has ordered Trump to pay Carroll $5 million, which the former president is appealing.
Then, on June 13, Trump was arraigned at a federal courthouse in Miami on a single federal indictment that included more than 30 charges of mishandling classified documents after he left the White House in January 2021. Trump became the first ex-president ever to face criminal charges from the federal government he once oversaw.
Special Counsel Jack Smith, who is overseeing that federal investigation, was also responsible for overseeing the criminal investigation involving Trump’s alleged role in the U.S. Capitol attack on January 6, 2021, an investigation that yielded, earlier this month, the four-count felony indictment.
The Fulton County Sheriff’s Office sent deputies to both New York and Miami to observe how local law enforcement prepared for any demonstrations or possible unrest in the wake of Trump’s indictments.
In late July, security barriers were seen being set up around the Fulton County courthouse. Fulton County Sheriff Pat Labat said in early August his department would be ready for any demonstrations or civil unrest that may result from Willis’ indictments.
FULL COVERAGE OF DONALD TRUMP/GEORGIA INVESTIGATION
Trump Investigation
He also said the former president, if indicted, would be booked, photographed and processed at the county jail on Rice Street, a facility that has come under intense scrutiny over the last several months because of its allegedly deplorable conditions, and which is also the target of a U.S. Department of Justice civil investigation.
link
https://www.atlantanewsfirst.com/2023/08/15/10-indictments-approved-fulton-countys-2020-georgia-election-interference-investigation/
...The charges include:
- Violation of the Georgia RICO Act
- Perjury
- Solicitation of violation of oath by a public officer
- False statements and writings
- Impersonating a public officer
- Conspiracy to commit impersonating a public officer
- Forgery in the first degree
- Conspiracy to commit forgery in the first degree
- Conspiracy to commit false statements
- Filing false statements
- Influencing witnesses
- Conspiracy to commit election fraud
- Conspiracy to commit computer theft
- Conspiracy to commit computer trespass
- Conspiracy to commit computer invasion of privacy
- Conspiracy to defraud the state
- Criminal attempt to commit filing false documents
...In total, there are 41 counts listed in the indictment. Trump is named in 13 of the counts.
Everyone named in the indictment is facing a violation of the Georgia RICO Act charge.
Willis said at a Monday night press conference that those named in the indictment are alleged to have engaged in a “criminal racketeering enterprise to overturn Georgia’s presidential election results.”
Willis said as is “the normal process in Georgia law,” the grand jury has also issued arrest warrants for those charged in the indictment. Willis said she is giving them until noon on Friday, Aug. 25 to voluntarily surrender.
==
1 VIOLATION OF THE GEORGIA RICO
(RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS) ACT O.C.G.A. 16144(c)
2 SOLICITATION OF VIOLATION OF OATH
BY PUBLIC OFFICER O.C.G.A. §§ 164-7 1640-1
3 FALSE STATEMENTS AND WRITINGS O.C.G.A. 16-10-20
4 FALSE STATEMENTS AND WRITINGS O.C.G.A. 1610-20
5 SOLICITATION OF VIOLATION OF OATH
BY PUBLIC OFFICER O.C.G.A. §§ 16-47 16101
6 SOLICITATION OF VIOLATION OF OATH
BY PUBLIC OFFICER O.C.G.A. §§ 164-7 1610-1
7 FALSE STATEMENTS AND WRITINGS O.C.G.A. 16102'0
8 IMPERSONATING PUBLIC OFFICER O.C.G.A. 16-1023
9 CONSPIRACY TO COMMIT INIPERSONATIN PUBLIC OFFICER O.C.G.A. §§ 164-8 16-10-23
10 FORGERY IN THE FIRST DEGREE O.C.G.A. 169-1(b)
11 CONSPIRACY To COMMIT FORGERY 1N THE FIRST DEGREE
12 FALSE STATEMENTS AND WRITINGS
13 CONSPIRACY TO COMmIT FALSE STATEMENTS AND WRITINGS O.C.G.A. §§
14 CRiminAL ATTEMPT To COMMIT filing FALSE DOCUMENTS O.C.G.A. §§ 1641 16102o.1(b)(1)
15 CONSPIRACY TO COMMIT FALSE DOCUMENTS
16 FORGERY IN THE FIRST DEGREE O.C.G.A. 16-9-1(b)
17 CONSPIRACY TO COMMIT FORGERY THE FIRST DEGREE
18 FALSE STATEMENTS AND WRITINGS
19 CONSPIRACY TO COMlVIIT FALSE STATEMENTS AND WRITINGS O.C.G.A. §§ 16-4-8 16-10-20
20 CRIMINAL ATTEMPT TO COMMIT INFLUENCING WITNESSES O.C.G.A. §§ 16-41 161093(b)(1)(A)
21 CRIMINAL ATTEMPT TO COMMIT INFLUENCUYG WITNESSES O.C.G.A. §§ 16-4-1& 16-10-93(b)(1)(A)
22 CRIMINAL ATTEMPT TO COMMIT FALSE STATEMENTS AND writings O.C.G.A. §§ 16-41 161020
23 SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER O.C.G.A. §§ 16-47 16-10-1
24 FALSE STATENIENTS AND WRITINGS O.C.G.A. 16-1020
25 FALSE STATEMENTS AND WRITINGS O.C.G.A. 161020
26 FALSE STATEMENTS AND WRITINGS O.C.G.A. 16-10-20
27 FILING FALSE DOCUMENTS O.C.G.A. 16-1020.1(b)(1)
28 SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER O.C.G.A. §§ 164-7 16-10-1
29 FALSE STATEMENTS AND WRITINGS O.C.G.A. 16-10-20
30 CONSPIRACY TO COMlVIIT SOLICITATION OF FALSE STATEMENTS AND WRITINGS O.C.G.A. §§ 16-4-8, 16-4-7 16-10-20
31 INFLUENcing WITNESSES O.C.G.A. 161093(b)(1)(A)
32 CONSPIRACY TO COMMIT ELECTION FRAUD
O.C.G.A. §§ 21-2603 21-2-566
33 CONSPIRACY TO CONIMIT ELECTION FRAUD
O.C.G.A. §§ 21-2-603 21-2-574
34 CONSPIRACY To COMMIT COMPUTER THEFT O.C.G.A. §§ 1648 16993(a)
35 CONSPIRACY TO COMlVIIT COMPUTER TRESPASS O.C.G.A. §§ 16-4-8 16-9-93(b)
36 CONSPIRACY TO COMIVIIT COMPUTER INVASION OF PRIVACY O.C.G.A. §§ 16-4-8 169-93(c)
37 CONSPIRACY TO DEFRAUD TIE STATE O.C.G.A. 16-1021
39 SOLICITATION OF VIOLATION OF OATH
BY PUBLIC OFFICER O.C.G.A. §§ 16-47 16101
39 FALSE STATEMENTS AND WRITINGS O.C.G.A. 16-1020
40 FALSE STATEMENTS and writings
41 perjury
---
THE STATE OF GEORGIA
V. DONALD JOHN TRUMP
Counts 1,5, 9, 11, 13, 15, 17, 19, 2729, 38-39
RUDOLPH WILLIAM LOUIS GIULIANI Counts 1-3, 6-7, 9,11,13,15,17,19, 23-24
JOHN ChaRLES EASTMAN
Counts 1-2, 9, 11,13, 15, 17, 19, 27
MARK RANDALL MEADOWS
Counts 1, 28
KENNETH JOHN CHESEBRO
Counts 1, 9,11,13,15,17,19
JEFFREY BOSSERT CLARK
Counts 1, 22
JENNA LYNN ELLIS
Counts 12 RAY STALLINGS SNIITH III Counts 1-2, 4, 6, 9, 11, 13,15, 17,19, 23, 25
ROBERT DAVID CHEELEY
Counts 1, 9,11,13, 15, 17,19, 23, 26, 41
MICHAEL A. ROMAN
Counts 1, 9, 11,13,15,17, 19
DAVID JAMES SHAFER
Counts 1, 8,10,12,14,16,18, 40
SHAWN MCAH TRESHER STILL
Counts 1, 8, 10, 12, 14, 16, 18
O.C.G.A. 16-1020
STEPHEN CLIFFGARD LEE
Counts 1, 20-21, 30-31
HARRISON WILLIAM PRESCOTT
FLOYD
Counts 1, 3031 Emma
TREVIAN C. KUTTI Counts 1,
SIDNEY KATHERINE POWELL Counts 1, 32-37
CATHLEEN ALSTON LATHAM
Counts 1, 8, 10, 12, 14, 32-37
SCOTT GRAHAM HALL
Counts 1, 32-37
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no lnx
Constitutional law scholar breaks down how Trump lawyer 'completely misused' his work in coup memo
Elizabeth Preza August 10, 2023
Legal scholar and Harvard University Professor Emeritus Laurence Tribe on Tuesday detailed how a lawyer for Donald Trump “completely misused” and “grossly [misrepresented]” his work in a memorandum purporting to proved a legal framework for the former president’s efforts to overturn the results of the 2020 presidential election.
:{:{}:
}:
Trump last week was indicted on four felony counts related to those efforts.
:{:{}:
}:
Tribe’s breakdown of the Nov. 18, 2020 Memorandum, written by attorneyKenneth Chesebro (or “co-conspirator 5,” according to special counsel Jack Smith), was published in Just Security one day before the New York Times revealed the existence of a Dec. 6, 2020 internal campaign memo that Department of Justice prosecutors “are portraying as a crucial link in how the Trump team’s efforts evolved into a criminal conspiracy.”
READ MORE: 'Veil of legitimacy': Ex-prosecutor shows why this Trump lawyer will likely face charges
The Nov. 18 memo, entitled “The Real Deadline for Settling a State’s Electoral Votes,” is the first in a series of documents that the special counsel laid out in his indictment of Trump, and, Tribe claims, “ relied on a gross misrepresentation” of the constitutional scholar’s work.
“As the title of the November 18 Memorandum indicates, Chesebro focuses on what he considers the ‘real deadline’ under the federal scheme for presidential election,” Tribe wrote. “In the body of the Memorandum, [Chesebro] quotes me completely out of context.”
The constitutional law professor claims Chesebro’s memo “grossly misrepresents what I wrote in my constitutional law treatise on the power of one Congress, through legislation, to bind a future Congress’s ability to pass new legislation,” accusing the Trump lawyer of flipping his conclusion “on its head” and “citing [his] work in support of the very opposite conclusion.”
READ MORE: 'We fear for their union': Dutch MEP blasts US gerontocracy — and warns 'Trump is a serious threat'
Per Tribe:
Specifically, in an apparent effort to get around the obviously binding force of the Electoral Count Act … Chesebro completely misused part of the latest edition of my constitutional law treatise.
…
In those passages I explained my view as to why “the power of Congress legislatively to bind subsequent Congresses is limited, for any statute that purported to direct or to forbid subsequent Congresses to do certain things or to follow certain procedures could be repealed, as could any other law, by another duly enacted statute.” Despite the clearly limited nature of that modest proposition, Chesebro cites my writing as though it stands for the radical claim that it would be wrong “to view the Electoral Count Act as tying the Senate’s hands, unless amended." That is, he averred that the Electoral Count Act could be flouted without a subsequent amendment or revocation by Congress.
What’s worse, as a result of this misrepresentation, Chesebro put me in the (outlandish) camp of those suggesting that the Electoral Count Act can be disregarded – for example, by a unilateral vice presidential decision to deem it “unconstitutional.”
Noting that Chesebro helped him as a research assistant in the “the very parts of [Tribe's] treatise” that the Trump lawyer then “misused,” Tribe argues his “dissection of the November 18 Memorandum shows not only a gross misrepresentation of legal authorities, but more importantly Chesebro’s pivotal role in laying the groundwork for ‘a coup in search of a legal theory.’”
Tribe then unequivocally refuted the very scheme Chesebro sought to enact to help Trump remain in power.
READ MORE: GOP congressional candidate 'wildly plagiarized' and 'entirely made up' portions of his honors thesis: report
“In future elections, removing the guardrails of the Electoral Count Act as Chesebro sought to do could grievously endanger our entire system of self-government under law,” Tribe wrote.
Read Tribe's full analysis at Just Security.
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Inside Trump’s six-person team of alleged co-conspirators and their effort to overturn Election 2020 ›
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ref badash 11/22
https://www.thenewcivilrightsmovement.com/2022/11/they-had-an-insider-on-scotus-legal-experts-stunned-by-bombshell-clarence-thomas-was-seen-as-key-by-trump-lawyers/
Washington Post bombshell revealing Trump attorneys saw Justice Clarence Thomas as the key to getting the U.S. Supreme Court to overturn the 2020 election is leaving several legal experts stunned.
The Post reports eight emails “ordered released by U.S. District Judge David O. Carter of California, include correspondence between Trump lawyers Kenneth Chesebro, John Eastman and others discussing various legal strategies to convince Republican members of Congress to object to the official certification of electoral votes in a joint session of Congress on Jan. 6, 2021.”
In one email “from Chesebro to Eastman and several others sent onDec. 31, 2020, Chesebro argued that [U.S. Supreme Court Justice Clarence] Thomas would ‘end up being key’ to asking the high court to overturn then-President-elect Joe Biden’s win in contested states.”
The Post states the email also says, “they should ‘frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt.'”
Politico’s Kyle Cheney sums up the scheme.
“Chesebro made the plan explicit: Get any remotely favorable ruling from a federal judge — not to win outright but to embolden GOP state legislatures, Congress or Pence to reverse the results.”
Politico‘s reporting includes copies of the redacted emails, and adds: “Chesebro contended that Thomas would be ‘our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.'”
“I think I agree with this,” Eastman replied.
“Eastman,” Politico notes, “an architect of Trump’s last-ditch bid to subvert the 2020 election, once clerked for Thomas and had corresponded with his wife, Virginia, in the weeks before Jan. 6.”
READ MORE: Ginni Thomas Attempts to Influence Overturn of Election Even Wider Than Previously Known
“[I]f we can just get this case pending before the Supreme Court by Jan. 5,” Chesebro wrote in one email, “ideally with something positive written by a judge or justice, hopefully Thomas, I think it’s our best shot at holding up the count of a state in Congress.”
Richard Signorelli, a former Asst. U.S. Attorney for the Southern District of New York (SDNY) blasted both the Supreme Court Justice and his far right wing activist wife, Ginni Thomas.
“They had a damn insider on SCOTUS who they thought would help them overthrow our democracy,” Signorelli tweeted. “He’s married to a deranged MAGA cult member. He won’t even recuse himself.”
Former Harvard Constitutional Law professor Laurence Tribe blasted Chesebro.
“We now learn that Ken Chesebro saw Justice Thomas as Trump’s ‘only chance’ to stop the 2020 election from being duly certified. Such abhorrent abuse of an attorney’s license to practice law should be strictly disciplined and perhaps criminally prosecuted,” he tweeted.
Attorney and writer Rachel Solar, pointing to the Politico article asks: “When is it enough???? His wife is an insurrectionist He refuses to recuse He’s the Trump election-denial go-to? Come on.”
Journalist Helen Kennedy goes one step further.
“Hey look! It wasn’t just critics of the Supreme Court who thought Clarence Thomas was corrupted – Trump’s lawyers said so too in secret emails just revealed.”
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cut off
https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/html-submitted/ch3.html
j6 report ch 3
As discussed further in Chapter 5, that email contained Eastman’s 2-page memo proposing a strategy for January 6th based on the incorrect legal theory that Vice President Pence could assert some authority as President of the Senate to prevent or delay the election of former Vice President Biden during the joint session. Eastman’s memo relied on the fake votes, which the memo featured in the very first line: “7 states have transmitted dual slates of electors.” 120 When Eastman submitted his memo toEpshteyn, he also copied Chesebro, who had edited the memo and called it “[r]eally awesome.” 121
:{By that point, :{Chesebro and Eastman}: were coordinating their arguments about the fake-elector votes and how they should be used:{. On January 1, 2021, Chesebro sent an email to Eastman and Epshteyn that recommended that Vice President Pence derail the joint session of Congress. In it, he raised the idea of Vice President Pence declaring “that there are two competing slates of electoral votes” in several States, and taking the position that only he, or possibly Congress, could “resolve any disputes concerning them.” 122}:
}:
Two days later, Eastman completed his second major memo advising President Trump and his team on strategies for January 6th, again arguing that there were “dual slates of electors from 7 states,” and calling for Vice President Pence to assert power to act “[a]s the ultimate arbiter” to take steps that could overturn the election, either by sending the election back to State legislatures to reassess or by rejecting Biden’s certified electoral votes from States in which there were also fake Trump electors.123
By early January, most of the fake elector votes had arrived in Washington, except those from Michigan and Wisconsin.124 Undeterred, the Trump team arranged to fly them to Washington and hand deliver them to Congress for the Vice President himself. “Freaking trump idiots want someone to fly original elector papers to the senate President . . .” Wisconsin Republican Party official Mark Jefferson wrote to Party Chairman Hitt on January 4th.125 Hitt responded, “Ok I see I have a missed call from [Mike] Roman and a text from someone else. Did you talk to them already? This is just nuts. . . .” 126
The next day, Trump Campaign Deputy Director for Election Day Operations G. Michael Brown sent a text message to other campaign staff suggesting that he was the person who delivered the fake votes to Congress.127 After sending the group a photo of his face with the Capitol in the background, Brown said, “This has got to be the cover a book I write one day” and “I should probably buy [Mike] [R]oman a tie or something for sending me on this one. Hasn’t been done since 1876 and it was only 3 states that did it.” 128 The reference to 1876 alludes to a controversy during that election about certain States’ electoral college votes.129
President Trump and his Campaign apparently had assistance from allies on Capitol Hill for this effort, including Senator Ron Johnson, his chief of staff, and the chief of staff to Representative Mike Kelly, although Senator Johnson has said that “[his] involvement in that attempt to deliver” fake elector paperwork “spanned the course of a couple seconds.” 130 On the morning of January 6th, Representative Kelly’s then-chief of staff texted anaide to the Vice President, Chris Hodgson, about hand-delivering the fake elector votes to the Vice President’s team before the joint session, a message that Hodgson ignored: “Just following up-any chance you or someone from your team can meet to take the Michigan and Wisconsin packets.” 131
According to the office of Senator Ron Johnson, Representative Kelly’s chief of staff then had a phone call with Senator Johnson’s chief of staff at 11:58 a.m. “about how Kelly’s office could get us the electors [sic] because they had it.” 132 Shortly after 11:30 a.m., the Trump Campaign’s lead attorney in Wisconsin had texted Senator Johnson expressing a “[n]eed to get a document on Wisconsin electors to you [for] the VP immediately. Is there a staff person I can talk to immediately.” 133 Senator Johnson then put his chief of staff in touch with the campaign to handle the issue.134
Shortly afterwards, Senator Johnson’s chief of staff texted Hodgson: “[Sen.] Johnson needs to hand something to VPOTUS please advise.” 135 When Hodgson asked what it was, the response he got was, “Alternate slate of electors for MI and WI because archivist didn’t receive them.” 136 Hodgson did not mince words: “Do not give that to him [the Vice President]. He’s about to walk over to preside over the joint session, those were supposed to come in through the mail.” 137
Those fake electoral votes, which the Trump team tried for weeks to manufacture and deliver, never made it to the Vice President. But they would have been invalid even if they did arrive on time. The Trump team’s activities were based on the false pretense that these fake electoral votes had a decisive role to play at the joint session of Congress. And yet any such role that they could have played would have helped unlawfully obstruct an official proceeding that determines how our Nation carries out the peaceful transfer of power between Presidents.
Indeed, as the joint session approached, Senator Mike Lee had expressed grave concerns about the fake elector effort in a series of text messages to one of the Trump team’s senior legal advisors. Although Senator Lee had spent a month encouraging the idea of having State legislatures endorse competing electors for Trump, he grew alarmed as it became clear that the Trump team wanted the fake electors’ votes to be considered on January 6th
...
On December 30th, Senator Lee texted Trump advisor Cleta Mitchell that January 6th was “a dangerous idea,” including “for the republic itself.” 139 He explained that, “I don’t think we have any valid basis for objecting to the electors” because “it cannot be true that we can object to any state’s presidential electors simply because we don’t think they handled their election well or suspect illegal activity.” 140 Senator Lee even questioned her about the plan’s dangerous long-term consequences: “[w]ill you please explain to me how this doesn’t create a slippery slope problem for all future presidential elections?” 141
ENDNOTES
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j6 ch 5
...Kenneth Chesebro Articulated a “President of the Senate” Strategy in Early December, When the Trump Campaign was Convening “Alternate” Electors in Key States President Trump Lost.
On December 13, 2020, Kenneth Chesebro, a pro-Trump lawyer, sent a memo to Rudolph Giuliani, the President’s lead outside counsel, upon request from Trump Campaign official Boris Epshteyn.21 Chesebro laid out a “‘President of the Senate’ strategy,” arguing that the “President of the Senate” (“he, and he alone”) is charged with “making judgments about what to do if there are conflicting votes.” 22 Chesebro argued that when the joint session met on January 6th, the President of the Senate should not count Arizona’s electoral college votes for former Vice President Biden, “[b]ecause there are two slates of votes.” 23 Of course, there were not two legitimate “slates of votes” from Arizona. There were the official electors, certified by the State, and a group of fake electors convened by the Trump campaign.
Chesebro’s memo set President Trump’s pressure campaign on a course to target the Vice President on January 6.24 Judge Carter found that the “draft memo pushed a strategy that knowingly violated the Electoral Count Act” and “is both intimately related to and clearly advanced the plan to obstruct the Joint Session of Congress on January 6, 2021.” 25 That plan was also advanced by John Eastman.26
On December 23, John Eastman Drafted the First of His Two “January 6th Scenario” Memos, Articulating the Argument that Under the Constitution the Vice President is the “Ultimate Arbiter.”
On December 23, 2020, Eastman wrote a two-page memo summarizing ways to ensure that “President Trump is re-elected.” 27 Eastman suggested that Vice President Pence could refuse to count the electoral college votes from seven States: Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. According to Eastman, Vice President Pence could simply reject these States’ electoral college votes. At that point, President Trump would have 232 electoral college votes compared to former Vice President Biden’s 222. This was sufficient, in Eastman’s view, to guarantee President Trump’s victory, because he would have a majority of the electoral college votes. “Pence then gavels President Trump as re-elected,” Eastman wrote.
Eastman considered the possibility that Democrats in Congress would object, stating the plain truth that 270 electoral college votes are necessary to win. In that event, according to Eastman, the election could be sent to the House of Representatives.28 The Republican-majority of delegations in the House would then re-elect Trump as president. Eastman concluded: “The main thing here is that Pence should do this without asking for permission—either from a vote of the joint session or from the Court. . . . The fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter. We should take all of our actions with that in mind.” 29
From the start, President Trump was looped in on Eastman’s proposal. The same day Eastman started preparing the memo, he sent an email to President Trump’s assistant Molly Michael, at 1:32 p.m.: “Is the President available for a very quick call today at some point? Just want to update him on our overall strategic thinking.” 30 Only five minutes later, Eastman received a call from the White House switchboard; according to his phone records, the conversation lasted for almost 23 minutes.31
Eastman Changed His Evaluation of the 12th Amendment, and the Role of the Vice President, After President Trump Lost the Election.
...
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cut off
https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/html-submitted/ch3.html
j6 report ch 3
As discussed further in Chapter 5, that email contained Eastman’s 2-page memo proposing a strategy for January 6th based on the incorrect legal theory that Vice President Pence could assert some authority as President of the Senate to prevent or delay the election of former Vice President Biden during the joint session. Eastman’s memo relied on the fake votes, which the memo featured in the very first line: “7 states have transmitted dual slates of electors.” 120 When Eastman submitted his memo toEpshteyn, he also copied Chesebro, who had edited the memo and called it “[r]eally awesome.” 121
:{By that point, :{Chesebro and Eastman}: were coordinating their arguments about the fake-elector votes and how they should be used:{. On January 1, 2021, Chesebro sent an email to Eastman and Epshteyn that recommended that Vice President Pence derail the joint session of Congress. In it, he raised the idea of Vice President Pence declaring “that there are two competing slates of electoral votes” in several States, and taking the position that only he, or possibly Congress, could “resolve any disputes concerning them.” 122}:
}:
Two days later, Eastman completed his second major memo advising President Trump and his team on strategies for January 6th, again arguing that there were “dual slates of electors from 7 states,” and calling for Vice President Pence to assert power to act “[a]s the ultimate arbiter” to take steps that could overturn the election, either by sending the election back to State legislatures to reassess or by rejecting Biden’s certified electoral votes from States in which there were also fake Trump electors.123
By early January, most of the fake elector votes had arrived in Washington, except those from Michigan and Wisconsin.124 Undeterred, the Trump team arranged to fly them to Washington and hand deliver them to Congress for the Vice President himself. “Freaking trump idiots want someone to fly original elector papers to the senate President . . .” Wisconsin Republican Party official Mark Jefferson wrote to Party Chairman Hitt on January 4th.125 Hitt responded, “Ok I see I have a missed call from [Mike] Roman and a text from someone else. Did you talk to them already? This is just nuts. . . .” 126
The next day, Trump Campaign Deputy Director for Election Day Operations G. Michael Brown sent a text message to other campaign staff suggesting that he was the person who delivered the fake votes to Congress.127 After sending the group a photo of his face with the Capitol in the background, Brown said, “This has got to be the cover a book I write one day” and “I should probably buy [Mike] [R]oman a tie or something for sending me on this one. Hasn’t been done since 1876 and it was only 3 states that did it.” 128 The reference to 1876 alludes to a controversy during that election about certain States’ electoral college votes.129
President Trump and his Campaign apparently had assistance from allies on Capitol Hill for this effort, including Senator Ron Johnson, his chief of staff, and the chief of staff to Representative Mike Kelly, although Senator Johnson has said that “[his] involvement in that attempt to deliver” fake elector paperwork “spanned the course of a couple seconds.” 130 On the morning of January 6th, Representative Kelly’s then-chief of staff texted anaide to the Vice President, Chris Hodgson, about hand-delivering the fake elector votes to the Vice President’s team before the joint session, a message that Hodgson ignored: “Just following up-any chance you or someone from your team can meet to take the Michigan and Wisconsin packets.” 131
According to the office of Senator Ron Johnson, Representative Kelly’s chief of staff then had a phone call with Senator Johnson’s chief of staff at 11:58 a.m. “about how Kelly’s office could get us the electors [sic] because they had it.” 132 Shortly after 11:30 a.m., the Trump Campaign’s lead attorney in Wisconsin had texted Senator Johnson expressing a “[n]eed to get a document on Wisconsin electors to you [for] the VP immediately. Is there a staff person I can talk to immediately.” 133 Senator Johnson then put his chief of staff in touch with the campaign to handle the issue.134
Shortly afterwards, Senator Johnson’s chief of staff texted Hodgson: “[Sen.] Johnson needs to hand something to VPOTUS please advise.” 135 When Hodgson asked what it was, the response he got was, “Alternate slate of electors for MI and WI because archivist didn’t receive them.” 136 Hodgson did not mince words: “Do not give that to him [the Vice President]. He’s about to walk over to preside over the joint session, those were supposed to come in through the mail.” 137
Those fake electoral votes, which the Trump team tried for weeks to manufacture and deliver, never made it to the Vice President. But they would have been invalid even if they did arrive on time. The Trump team’s activities were based on the false pretense that these fake electoral votes had a decisive role to play at the joint session of Congress. And yet any such role that they could have played would have helped unlawfully obstruct an official proceeding that determines how our Nation carries out the peaceful transfer of power between Presidents.
Indeed, as the joint session approached, Senator Mike Lee had expressed grave concerns about the fake elector effort in a series of text messages to one of the Trump team’s senior legal advisors. Although Senator Lee had spent a month encouraging the idea of having State legislatures endorse competing electors for Trump, he grew alarmed as it became clear that the Trump team wanted the fake electors’ votes to be considered on January 6th
...
On December 30th, Senator Lee texted Trump advisor Cleta Mitchell that January 6th was “a dangerous idea,” including “for the republic itself.” 139 He explained that, “I don’t think we have any valid basis for objecting to the electors” because “it cannot be true that we can object to any state’s presidential electors simply because we don’t think they handled their election well or suspect illegal activity.” 140 Senator Lee even questioned her about the plan’s dangerous long-term consequences: “[w]ill you please explain to me how this doesn’t create a slippery slope problem for all future presidential elections?” 141
ENDNOTES
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philly inq
https://www.mcall.com/news/pennsylvania/mc-nws-pa-republicans-jan-6-help-trump-20221222-ccq7ly5w2rfergjbcnwdatya3a-story.html
hundreds of pages of deposition transcripts released Wednesday by the congressional committee investigating the Jan. 6 attack offered new insights into the roles Pennsylvania Republicans played in aiding President Donald Trump’s efforts to overturn the 2020 election.
The committee is expected to issue the full report on its investigation on Thursday. But the newly released transcripts were filled with new details including that Mike Roman, a Philadelphia native and one of Trump’s top election advisers, helped spearhead the effort to send pro-Trump electors to Washington as Congress met to certify the election results that day.
They also revealed a previously undisclosed attempt by state Sen. Doug Mastriano to access certain voting machines days before Jan. 6 as well as references to a plan floated by the White House to sue Pennsylvania directly in the U.S. Supreme Court over its administration of the 2020 vote. The documents also shed new light on the role a congressional staffer for U.S. Rep. Mike Kelly played behind the scenes.
Here are some of the highlights from the committee’s interviews:
Mike Roman: A key Trump campaign operative’s role in the false electors scheme
Roman, a longtime Philadelphia Republican political operative, appeared to play a key role in organizing false electors in swing states such as Pennsylvania as part of a plot to overturn the election.
A former Philadelphia ward leader and senior adviser to the Trump campaign, Roman was designated by Trump lawyer Rudy Giuliani as “the lead for executing the voting” by the fake electors Dec. 14, 2020, according to an email the committee cited in an interview transcript released Wednesday.
The interview transcript suggests the pro-Trump electors in Pennsylvania were concerned about possible legal exposure if they signed official certificates purporting to be the legitimate electors.
In the interview, investigators referenced a Dec. 12, 2020, email sent to Roman from Trump campaign lawyer Kenneth Chesebro.
“Mike, here is my suggested language for dealing with the concern raised in the PA conference call about electors possibly facing legal exposure, parenthesis, at the hands of a partisan AG, close parenthesis, if they seem to certify that they are currently the valid electors,” the transcript says.
Investigators also asked Roman whether he knew if Mastriano, the state senator who ran as the GOP’s candidate for Pennsylvania governor this year, had expressed concerns about the elector plan. Roman pleaded the Fifth.
The transcript suggests Roman also played a role in organizing the delivery of Wisconsin Republicans’ fake elector certificate to Congress on Jan. 6. A person investigators identified as Michael Brown texted associates that he “should probably buy Roman a tie for sending me on this one. Hasn’t been done since 1876 ... ”
That’s an apparent reference to the disputed presidential election that year.
Roman refused to say whether he’d instructed Brown to deliver the document, the transcript says.
The interview transcript also references a briefing of Pennsylvania lawmakers in November 2020 about purported election fraud. On Nov. 8, 2020, Roman shared with an associate a screenshot of a message he’d obtained that said: “Maybe the Trump campaign should get some actual evidence of fraud and file in court. They’ve been horrible in their court filings. We just got a report from their legal team. They told us on caucus they have zero evidence.”
Roman declined to tell investigators who sent him the message or to discuss the briefing of Pennsylvania lawmakers, apparently delivered by Kentucky’s secretary of state.
U.S. Rep. Mike Kelly: Staffer’s behind-the-scenes involvement in false electors effort
Committee investigators repeatedly asked Roman during his deposition what he knew about behind-the-scenes efforts to undermine the election by a longtime top aide to U.S. Rep. Mike Kelly, a Butler County Republican and a top Trump ally in the House.
Between Nov. 21 and Dec. 4, 2020, Roman exchanged 25 messages with Kelly’s then-chief-of-staff, Matt Stroia, according to questioning in the deposition transcripts. Those included exchanges that suggested Stroia may have played a more active and earlier role in the efforts by Trump and his allies than was previously known.
His name had previously surfaced in the committee’s work in connection with efforts to deliver the slates of pro-Trump electors to Pence on Jan. 6.
Wisconsin Sen. Ron Johnson has said his office passed along the lists to Pence but that it was Kelly’s office that provided it to him. And while Kelly initially denied Johnson’s claims as “patently false,” the congressman’s office later acknowledged an “internal investigation” found Stroia had been in contact with Johnson’s staff.
But Roman’s deposition before the Jan. 6 Committee suggests Stroia may also have played a role in organizing a raucous Nov. 25 state Senate hearing in Gettysburg, during which Mastriano and Trump lawyer Rudy Giuliani and Jenna Ellis pushed unfounded claims of fraud in the Pennsylvania election. Trump called in from Washington to voice his support.
“I hope it turns out like we envisioned,” Stroia wrote to Roman three days before the hearing in a message quoted in the deposition transcripts.
During his interview with the Jan. 6 Committee, Roman pleaded the Fifth and refused to answer questions about it or discuss whether he or Stroia had any involvement in organizing the Gettysburg hearing.
But other messages cited in Roman’s deposition show Stroia was in direct contact with Giuliani, who spearheaded Trump’s election challenges in the state. In one exchange with Roman, Stroia said he’d directed the president’s lawyer to talk to Roman instead.
“Do you know why Mr. Giuliani would have been calling Mike Kelly’s chief of staff ... about presidential election issues rather than you, who was acting as director of election day operations for the campaign?” committee staffers asked. He added: “I told him that you will know everything I do.”
Asked to explain, Roman again pleaded the Fifth.
Doug Mastriano and Jenna Ellis: The state senator and Trump lawyer sought access to Pennsylvania voting machines
The committee’s interview with Trump lawyer Jenna Ellis also shed light on Mastriano’s postelection activities.
“We made good headway convincing [hopefully] two counties with Dominion machines in Pennsylvania,” Mastriano wrote in a Dec. 28 email to Ellis, according to the transcript.
In another email, Mastriano makes reference to efforts to gain access to “ballot images.” Ellis declined to tell investigators why Mastriano was interested in that.
In a Dec. 29 email, Mastriano told Ellis that he’d emailed Trump himself with a letter related to “securing voluntary access for Dominion forensics.”
Fulton County later gave a third-party firm access to its Dominion voting machines, facilitated by Mastriano and state Sen. Judy Ward, R-Blair, for a supposed “audit” of the votes. That prompted the state to decertify those voting machines and force the county to obtain new ones. It wasn’t immediately clear which other counties Mastriano and other Trump allies sought to hand over access to voting machines.
Elliswas also questioned about her contacts with Pennsylvania House Speaker Bryan Cutler and Jake Corman and Kim Ward, the GOP leaders of the State Senate. She declined to answer questions, however, on any efforts she and Giuliani had made to pressure them to set aside the state’s election results.
Cutler previously told the committee that Giuliani and Ellis called him daily during the run-up to Congress’ certification of the election, looking to push a baseless theory that state legislatures could set aside election results based on unsupported suspicions of fraud and appoint a new slate of Electoral College delegates instead.
Cutler said he largely avoided those calls, thinking they were inappropriate and had his attorneys respond, asking Giuliani and Ellis to stop contacting him.
Jeffrey Clark: A White House plan to sue Pennsylvania in the U.S. Supreme Court
In December 2020, Trump had White House lawyers draft a complaint to sue Pennsylvania in the U.S. Supreme Court over the administration of its election, according to committee questioning in the deposition of former Justice Department attorney Jeffrey Clark.
Clark, a Philadelphia native, has emerged as a central focus for the committee due to his role in a drama in which Trump briefly considered appointing him attorney general in the waning days of his administration.
Clark had been introduced to the president by U.S. Rep. Scott Perry, a York County Republican and key ally of the president in Congress. And according to earlier testimony before the committee, Clark expressed a willingness to use the Justice Department to pressure state legislatures in battleground states to overturn their election results despite no evidence of significant fraud.
On Monday, the Jan. 6 Committee referred him to the Justice Department for potential criminal prosecution.
During two contentious deposition interviews with the committee in November 2021 and February 2022, Clark refused to answer almost any questions about his relationship to Perry, his conversations with Trump, or the ideas he floated on how the Justice Department could help contest the election. He repeatedly invoked executive privilege — the doctrine that allows presidents and their staff to resist some legislative oversight — as well as his Fifth Amendmentright against self-incrimination.
He also balked at answering questions about the draft complaint that a White House assistant sent to top officials at the Justice Department on Dec. 29, 2020, for a suit against Pennsylvania. Correspondence referenced in the deposition of Ellis, the Trump lawyer, also referenced a Trump campaign plan to ask the Supreme Court to order new elections in as many as eight states to “ensure electoral integrity.” Those suits were never filed.
Instead, the Trump campaign filed a brief in support of a long-shot lawsuit filed at the Supreme Court by Texas Attorney General Ken Paxton, seeking to overturn Pennsylvania’s election. The justices declined to hear the case.
For his part, Clark during his deposition — in one of his only substantive exchanges with committee members — lamented the current partisan state of politics in Washington, recalling his own upbringing in a primarily white, working-class neighborhood near the foot of the Tacony-Palmyra Bridge.
“My dad was a truck driver who never graduated from high school,” he said. “He was a lifelong Democrat and a Catholic. My mom was a lifelong Republican and a Protestant. I wound up as a blend of the two, a Catholic conservative Republican.”
His lawyer Harry MacDougald was more acerbic. He called the Jan. 6 committee’s questioning “railroading” and accused members of indulging in a “paranoid fantasy.”
“It is not enough in Washington to merely disagree with someone about policy questions,” he said. “Instead, they must be destroyed. Those who disagree with Mr. Clark seek his destruction by any means available.”
The QAnon Hummer Duo: Coordination among right-wing extremist groups
Deposition transcripts were also released Wednesday for two Virginia men who made headlines in Philadelphia when they showed up outside the 2020 vote count at the Pennsylvania Convention Center in a Hummer filled with guns and emblazoned with QAnon stickers.
But the transcripts show neither Joshua Macias, president of the organization Veterans for Trump, nor his bodyguard, Antonio LaMotta, were forthcoming in their interviews with committee investigators. Both men asserted their Fifth Amendmentrights again and again, citing their ongoing prosecution in Philadelphia for weapons violations and attempted election interference.
(They were both later convicted on the weapons counts in October, but acquitted on the election related charges. LaMotta has since been federally charged with illegally entering the Capitol on Jan. 6.)
The committee’s investigators attempted to quiz both men on their contacts with other right-wing extremist groups like the Proud Boys, the Oath Keepers and the Three Percenters — the leaders of which Macias and LaMotta were shown in videos to have interacted with Jan. 5.
One video played during an earlier committee hearing showed Macias meeting with Enrique Tarrio, then-president of the Proud Boys, and Stewart Rhodes, head of the Oath Keepers, in a Washington parking garage the day before the Capitol attack. Committee members have previously cited the video to suggest some coordination among extremist groups in the run-up to Jan. 6.
But when asked in his deposition how he came to be in the garage, Macias remained tight lipped.
“I walked,” he responded.
Investigators asked him why. “I was asked to,” he said.
By whom? “Someone said, ‘Hey come here,” Macias replied.
He refused to say what they discussed in that meeting.
As for whether he considered himself a QAnon adherent, Macias responded: “I do not ascribe to people’s beliefs. I have my own belief system.”
Philadelphia Inquirer staff writers Jonathan Lai and Jonathan Tamari contributed to this article.
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https://www.politico.com/news/2022/07/15/jan-6-trump-operative-false-electors-00046175
Trump campaign operative who delivered Jan. 6 false elector lists is identified
Mike Roman passed the names to a House GOP aide in a bid to get them to then-Vice President Mike Pence, people familiar with the episode told POLITICO.
By KYLE CHENEY and NICHOLAS WU
07/15/2022
A little-known Donald Trump campaign operative delivered lists of false electors to Capitol Hill in a bid to get them to Vice President Mike Pence on Jan. 6, 2021, according to two people familiar with the episode.
Mike Roman, then Trump’s 2020 director of Election Day operations, delivered those false elector certificates — signed by pro-Trump activists in Michigan and Wisconsin — to Rep. Mike Kelly’s (R-Pa.) chief of staff at the time, both people told POLITICO. Kelly was a Trump ally in the effort to overturn the 2020 election, and his then-top aide received the documents from Roman before deputizing a colleague to disseminate copies on Capitol Hill, according to both people.
Roman’s role in the effort to deliver those slates of electors directly to Pence has not previously been reported. The onetime Trump White House researcher [bad code] ...
The origin of the false elector lists, which never got to Pence before he presided over certification of Joe Biden’s victory on Jan. 6, has become an enduring subplot in the select panel’s investigation of the Capitol attack designed to disrupt that day. After the committee revealed the role of a top aide to Sen. Ron Johnson (R-Wis.) in the episode during a hearing last month, Johnson said the false elector lists came from Kelly — who has repeatedly denied any involvement by his office in their distribution.[vid?]
"They have changed their story, from denying their involvement outright to now not denying their former chief of staff’s involvement,” said Alexa Henning, a Johnson spokesperson. “Congressman Kelly should be issuing Senator Johnson an apology for participating in the perpetration of false stories regarding Senator Johnson’s minimal involvement in this matter.”
Kelly has recently touted the results of an “internal investigation” that identified Matt Stroia, his chief of staff at the time, as the intermediary for the lists. That inquiry found that the lists were never passed from Stroia, now a Pfizer lobbyist, to Johnson’s office. Kelly’s office, in response to a request for comment,said Stroia had a previous relationship with members of the Trump team and got contacted by someone linked to that team on Jan. 6.
“Matthew got the information,” Kelly’s current chief of staff, Tim Butler, said in an interview. “There was another staffer here in the office who was asked to physically walk it over. And it’s just those two individuals that were involved.”
Neither of those two individuals worked in Kelly’s office any longer, Butler said. Kelly’s office declined to identify the other staffer involved.
Neither Roman nor Stroia returned requests for comment for this story.
Both people who confirmed Roman’s involvement in the transmission of the elector lists spoke on condition of anonymity amid the select panel’s ongoing investigation into the runup to the attack and Trump’s role in it.
‘His own choices’: Select panel says Trump — not his advisers — set Jan. 6 in motion
BY KYLE CHENEY AND NICHOLAS WU
The Jan. 6 committee’s mention of his office’s role put Johnson, facing a tough reelection race this fall, on the back foot. He later told a home-state radio host: “My office’s entire involvement in this thing lasted 70 minutes. My involvement was probably seconds, maybe a minute or two.”
Roman’s involvement, however, clarifies another piece of the puzzle behind Trump’s effort to seize a second term he didn’t win. Trump, relying on a band of fringe attorneys, spent much of December 2020 leaning on Republican state legislatures in a handful of states to ignore the results and deliver pro-Trump electors to Congress.
Under Trump’s plan, Pence — required by the Constitution to preside over the counting of electoral votes on Jan. 6, 2021 — would cite the “alternate” and illegitimate electors to block Biden’s victory or delay the count altogether. Ultimately, no state legislature agreed to Trump’s plan, but the former president’s campaign still assembled activists to sign false documents claiming to be genuine presidential electors and delivered them to Congress.
The plan fell apart when Pence refused to go along, contending that doing so would violate multiple provisions of federal law and insisting he had no power to do anything other than introduce certified electoral votes. Pence, who had huddled with advisers and the Senate parliamentarian to flesh out his position, had decided well before Jan. 6 that he would not attempt to overturn Biden’s victory.
But that didn’t stop the Trump campaign from attempting to place some of the false slates directly into Pence’s hands on Jan. 6.
The Justice Department is in talks with the select committee about evidence specifically related to the false electors effort, Jan. 6 panel chair Rep. Bennie Thompson (D-Miss.) said this week.
DOJ has in recent weeks subpoenaed a slew of Trump allies who acted as false electors, including several state GOP chairs. It has also subpoenaed state-level operatives working on Trump’s campaign.
In addition, FBI agents recently seized the phone of attorney John Eastman, a top strategist for Trump’s effort who worked closely on the plan to appoint false electors. Eastman is fighting in a New Mexico federal court to get his phone back but was dealt a setback Friday evening when a judge denied his motion for a restraining order.
When subpoenaing Roman, who is from Pennsylvania, the select committee cited records reflecting his push to convince Republican state legislatures to appoint pro-Trump slates of presidential electors as part of a strategy to boost the losing campaign.
“[T]he Select Committee is in possession of communications reflecting your involvement in a coordinated strategy to contact Republican members of state legislatures in certain states that former President Trump had lost and urge them to “reclaim” their authority by sending an alternate slate of electors that would support former President Trump,” Thompson wrote in a letter accompanying the subpoena.
Burgess Everett contributed to this report.
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https://www.alternet.org/unequal-justice-crime-and-punishment/
j6 comm good at narr]
...
Trump’s prosecution, at least at the federal level (he’s also under serious investigation in the states of Georgia and New York), now rests in the hands of the Justice Department and special counsel Jack Smith. The DOJ has received criminal referrals from the committee for four overlapping federal felonies committed by the former President:
- Obstruction of an official proceeding, referring to the joint session of Congress convened on January 6, 2021, to confirm the election of Joe Biden, and the effort to pressure Vice President Mike Pence to refuse to certify Biden’s victory;
- Conspiracy to defraud the United States, referring to the former president’s multi-phase scheme to overturn the election;
- Conspiracy to make a false statement, referring to the plan to submit false slates of electors to Congress and the National Archives; and
- Inciting, assisting, or giving aid and comfort to an insurrection, referring to Trump’s incendiary speech immediately prior to the riot at the Capitol and his behavior during the riot.
The committee has also referred five of Trump’s former aides and associates to the Justice Department: John Eastman, Mark Meadows, Rudy Giuliani, Kenneth Cheseboro and Jeffrey Clark. Trump, however, is the only member of the crew who has been referred for insurrection. The report singles out the ex-commander-in-chief on the insurrection charge, stating “the central cause of January 6th was one man, former President Donald Trump.”
Although the referrals are non-binding, Smith is already in the thick of investigating the insurrection and the plot to overturn the 2020 election, presenting evidence to at least two grand juries. The special counsel is also leading the investigation into Trump’s removal of top-secret government documents to his Mar-a-Lago resort in Florida.
Convicting Trump will not be easy, especially on charges related to January 6. Each of the felonies referred to the Department of Justice requires proof of criminal intent. The government will have to establish beyond a reasonable doubt that Trump knew he had lost the election and was acting with a “corrupt purpose” to obstruct the work of the joint session of Congress or, on the conspiracy referral, that he had an intent to defraud the nation with the submission of fake slates of electors.
It will be particularly challenging to prove that Trump incited or assisted the insurrection as Trump would likely mount a First Amendment defense. In its landmark 1969 decision in Brandenburg v. Ohio, the Supreme Court articulated a two-part test for punishing incendiary speech, holding that the First Amendment protects advocating the use of force or lawbreaking “except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action” (emphasis added).
Still, it’s easy to understand why the committee chose to cite Trump for insurrection. Trump knew that members of the crowd who had gathered to hear him talk were armed when he urged them to march to the Capitol to “fight like hell.” And amid the ensuing melee, he accused Pence of cowardice for not using his authority as Vice President to change the outcome of the election, seething in a Tweet, “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution…USA demands the truth!” Almost immediately after the Tweet was posted, the report notes, “the crowd around the Capitol surged, and more individuals joined the effort to confront police and break further into the building.”
Should Trump be tried and convicted of insurrection, he would face a prison sentence of up to ten years. He would also be barred from holding federal office for life.
So, what are the odds that Trump is finally held to account? Will Jack Smith prove to be Trump’s Porfiry Petrovich, the police investigator who brought Raskolnikov to justice, or will he turn out to be another Robert Mueller? We may have the answer in a matter of months.
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an 11 22
Another batch of emails obtained from John Eastman shows Donald Trump's lawyers were counting on U.S. Supreme Court Justice Clarence Thomas to help them disrupt Joe Biden's election win, and their certainty raises new questions about his wife's role in the scheme.
Trump attorney Kenneth Chesebro wrote Dec. 31, 2020, that Thomas would be "our only chance to get a favorable judicial opinion by Jan. 6" on a challenge to election results in Georgia, whose circuit court he oversees, and Washington Post reporter Jacqueline Alemany wondered on MSNBC's "Morning Joe" why he and Eastman felt so confident about the justice's willingness to assist.
"The fringy lawyers that were surrounding Trump and helping him in his efforts to overturn the results of the election in the last few months of his presidency had reason to believe, at least publicly, that justice Clarence Thomas was going to be sympathetic to their cause. Remember in December of 2020, Thomas along with [Justice Samuel] Alito issued a brief statement after the audacious Texas lawsuit was filed, calling to ultimately throw out the results of the 2020 election in four battleground states. The majority dismissed it, but Alito and Thomas expressed a statement that was sympathetic to the lawsuit, and said that the majority threw it out too quickly."
"Now the question is, I think, privately, what reasons did John Eastman and Kenneth Chesebro have to believe that Thomas would be sympathetic to them if he got a lawsuit in front of them?" she added.v
Ginni Thomas was corresponding with Eastman during that same period, along with White House chief of staff Mark Meadows and Republican legislatures in key states won by Biden, and Alemany said the newly revealed emails place her under additional scrutiny.
"It's a very small world here," Alemany said. "There was no indication in the correspondence that either of the Thomases were [copied] on the e-mails, but you can clearly see why John Eastman was fighting hard to prevent the release of these e-mails."
Host Joe Scarborough said the revelations were scandalous.
"It's shocking, the behavior between John Eastman, Ginni Thomas, and the efforts to overthrow, throw out democratic election for the presidency," Scarborough said. "Also, their misreading of what Clarence Thomas and Alito did when they went along with an opinion in a Pennsylvania case, the only time the court wrote anything of substance on the election challenges, they said about the Pennsylvania case, which involved the court in Pennsylvania overruling the state legislature. That race is a constitutional question, and I think they rightly said, this race has questions we probably should address now, but even if we did address them now, it wouldn't change the outcome of the election, so there you have even the two most conservative justices saying even if we take this question up, which we think we should, there aren't going to be enough votes to change the fact that Joe Biden's the next president of the United States."
Watch the video below or at this link.
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an 11 22
badash
A Washington Post bombshell revealing Trump attorneys saw Justice Clarence Thomas as the key to getting the U.S. Supreme Court to overturn the 2020 election is leaving several legal experts stunned.
The Post reports eight emails “ordered released by U.S. District Judge David O. Carter of California, include correspondence between Trump lawyers Kenneth Chesebro, John Eastman and others discussing various legal strategies to convince Republican members of Congress to object to the official certification of electoral votes in a joint session of Congress on Jan. 6, 2021.”
In one email “from Chesebro to Eastman and several others sent on Dec. 31, 2020, Chesebro argued that [U.S. Supreme Court Justice Clarence] Thomas would ‘end up being key’ to asking the high court to overturn then-President-elect Joe Biden’s win in contested states.”
The Post states the email also says, “they should ‘frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt.'”
Politico’s Kyle Cheney sums up the scheme.
“Chesebro made the plan explicit: Get any remotely favorable ruling from a federal judge — not to win outright but to embolden GOP state legislatures, Congress or Pence to reverse the results.”
Politico‘s reporting includes copies of the redacted emails, and adds: “Chesebro contended that Thomas would be ‘our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.'”
“I think I agree with this,” Eastman replied.
“Eastman,” Politico notes, “an architect of Trump’s last-ditch bid to subvert the 2020 election, once clerked for Thomas and had corresponded with his wife, Virginia, in the weeks before Jan. 6.”
READ MORE: Ginni Thomas Attempts to Influence Overturn of Election Even Wider Than Previously Known
“[I]f we can just get this case pending before the Supreme Court by Jan. 5,” Chesebro wrote in one email, “ideally with something positive written by a judge or justice, hopefully Thomas, I think it’s our best shot at holding up the count of a state in Congress.”
Richard Signorelli, a former Asst. U.S. Attorney for the Southern District of New York (SDNY) blasted both the Supreme Court Justice and his far right-wing activist wife, Ginni Thomas.
“They had a damn insider on SCOTUS who they thought would help them overthrow our democracy,” Signorelli tweeted. “He’s married to a deranged MAGA cult member. He won’t even recuse himself.”
Former Harvard Constitutional Law professor Laurence Tribe blasted Chesebro.
“We now learn that Ken Chesebro saw Justice Thomas as Trump’s ‘only chance’ to stop the 2020 election from being duly certified. Such abhorrent abuse of an attorney’s license to practice law should be strictly disciplined and perhaps criminally prosecuted,” he tweeted.
Attorney and writer Rachel Solar, pointing to the Politico article asks: “When is it enough???? His wife is an insurrectionist He refuses to recuse He’s the Trump election-denial go-to? Come on.”
Journalist Helen Kennedy goes one step further.
“Hey look! It wasn’t just critics of the Supreme Court who thought Clarence Thomas was corrupted – Trump’s lawyers said so too in secret emails just revealed.”
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https://theintercept.com/2022/08/23/ron-johnson-january-6-fake-electors/
no lnx twt vid
Playing Dumb: Sen. Ron Johnson’s Role in Jan. 6 Plot Is Hiding in Plain Sight
The Republican senator from Wisconsin won’t say why he agreed to hand fake slates of electors to then-Vice President Mike Pence on January 6, 2021.
Robert Mackey
August 23 2022,ON THE CAMPAIGN TRAIL in Wisconsin last week, Sen. Ron Johnson, the Republican incumbent, acknowledged but attempted to downplay his role in a plot to overthrow American democracy on January 6, 2021.
Asked by Matt Smith of WISN-TV Milwaukee if he would be willing to testify to the House committee investigating the attack on the Capitol, Johnson argued that he had spent only “a couple seconds” that day furthering a scheme to keep the defeated president, Donald Trump, in office by falsifying Electoral College results.
As he struggled to minimize his role in the plot by Republican operatives in Wisconsin to submit a slate of electors who would ignore Trump’s defeat at the ballot box, Johnson appeared to contradict himself multiple times in the interview. Moments after telling Smith that he “had nothing to do with the alternate slate,” the senator admitted that he had, in fact, sent text messages on January 6 to connect his chief of staff with a lawyer for the Trump campaign in Wisconsin who wanted Johnson to hand-deliver fabricated electoral votes for Trump to then-Vice President Mike Pence.
As text messages released by the January 6 committee in June showed, the scheme quickly fizzled because an aide to Pence told Johnson’s chief of staff that the vice president would not accept the fake electoral votes from the senator. Since then, whenever he has been asked why he agreed to facilitate the plot, Johnson has drawn attention to how quickly it failed, as if that somehow exonerated him.
WASHINGTON, DC - JUNE 21: A text exchange between a staffer for Sen. Ron Johnson and an aide to former U.S. Vice President Mike Pence appears on a video screen during the fourth hearing on the January 6th investigation in the Cannon House Office Building on June 21, 2022 in Washington, DC. The bipartisan committee, which has been gathering evidence for almost a year related to the January 6 attack at the U.S. Capitol, is presenting its findings in a series of televised hearings. On January 6, 2021, supporters of former President Donald Trump attacked the U.S. Capitol Building during an attempt to disrupt a congressional vote to confirm the electoral college win for President Joe Biden. (Photo by Kevin Dietsch/Getty Images)A Jan. 6, 2021, text exchange between Sen. Ron Johnson’s chief of staff and an aide to then-Vice President Mike Pence is revealed by the House January 6 committee at a hearing in June. Photo: Kevin Dietsch/Getty Images]
“My involvement in that attempt to deliver spanned the course of a couple seconds. I got — I think I fielded three texts and sent two,” Johnson told Smith. “I had virtually no involvement. Literally, my involvement lasted seconds.”
[MOST READ The Origin of Student Debt: Reagan Adviser Warned Free College Would Create a Dangerous “Educated Proletariat”
Jon Schwarz]
Johnson refused to explain why he had agreed to act as a go-between with Pence for Jim Troupis, the Trump campaign lawyer in Wisconsin who wanted the fake electors for Trump from Wisconsin and Michigan to be counted instead of those for Biden, who had been elected by the popular vote in those two states.
Johnson’s frequently hapless efforts to evade direct questions about his role in the plot began with outright falsehoods in June, when the text exchange between his chief of staff and the Pence aide on January 6 was projected on a big screen during a hearing of the House select committee.
Pressed by reporters that day to explain what his role had been, Johnson tried to dodge questions by pretending to be on the phone and then falsely said that he had no idea who had passed the fake slates of electors on to his office.
Later the same day, the senator again lied to reporters by saying that “interns” were to blame for accepting the slates of fabricated electors and that he “had no idea” who had delivered them to his aides.
Two days later, Johnson himself revealed that he knew all along that Troupis was the source of the fabricated electoral votes by providing more text messages to the conservative activist and columnist John Solomon. The texts published by Solomon, embedded in a column that accused the January 6 committee of making too much of the senator’s role in the plot, also showed that the senator had put Trump’s lawyer in touch with his chief of staff, Sean Riley, just six minutes after being asked to pass on the fake electoral votes.
A screenshot of a Jan. 6, 2021, text message to Sen. Ron Johnson from Jim Troupis, a lawyer for the Trump campaign in Wisconsin. The text was obtained by John Solomon, a conservative activist and columnist.]
A screenshot of Jan. 6, 2021, text messages sent by Sen. Ron Johnson to Jim Troupis and Johnson’s chief of staff, Sean Riley. The texts were obtained by John Solomon.
Solomon also obtained and published a longer version of the text exchange between Riley and the Pence aide, Chris Hodgson — which was apparently copied from Riley’s phone.
A screenshot of a Jan. 6, 2021, text exchange between Sean Riley and Chris Hodgson, an aide to then-Vice President Mike Pence. The texts were obtained by John Solomon.]
The longer version of the exchange shows that Pence’s aide explained that the fake Electoral College votes “were supposed to come in through the mail.” That text suggests that the vice president’s office was not taken by surprise by the effort to submit false electoral votes and was perhaps just sticking more rigorously to the letter of the law governing presidential elections, which states that the results of the Electoral College votes in each state are supposed to be sent to the vice president by registered mail, not hand-delivered.
In an interview with a sympathetic right-wing radio host in Wisconsin two days after the committee pointed to his role, Johnson stressed that the text messages showed that his documented role in the plot lasted just over an hour. “My office’s entire involvement in this thing lasted 70 minutes,” Johnson told radio host Vicki McKenna. “My involvement was probably seconds, maybe a minute or two,” he said.
By focusing so intently, in interview after interview, on the time stamps of the text messages about the fake electors plot he sent and received on January 6, Johnson seems to be drawing attention away from the question of why he instantly agreed to help Trump’s lawyer, Troupis, push the plot forward.
And when Johnson claims, as he did to the right-wing Wisconsin radio host, that he barely knew Troupis at the time, he is banking on listeners in McKenna’s ultraconservative audience not knowing that Troupis was a central figure in the effort to undermine the certification of the electoral vote and that Johnson had given Troupis a public platform to push his lies about election fraud just three weeks before January 6.
On December 16, 2020, Johnson chaired a hearing of the Senate Homeland Security and Governmental Affairs Committee dedicated to “Examining Irregularities in the 2020 Election,” which featured testimony from Troupis and Jesse Binnall, another Trump lawyer who had unsuccessfully filed suit to overturn the results of the presidential election in Nevada.
A week later, Johnson used his official Twitter feed to share false claims of electoral fraud in Wisconsin that Troupis had made at the hearing.
Just one week before that hearing, on December 9, 2020, Troupis had received detailed written instructions about how to create a fake slate of electors for Trump from another lawyer working with the Trump campaign, Kenneth Chesebro, an ally of John Eastman, whose plan for halting congressional certification of the Electoral College results on January 6, 2021, had been embraced by Trump. As the New York Times reported last month, Troupis also wrote to a Trump adviser on December 7, 2020, that submitting alternate slates of electors in swing states was part of a plot to give Pence a reason to delay congressional certification of the Electoral College results on January 6.
some lnx solomon: https://justthenews.com/government/jan-6-panels-ron-johnson-narrative-exposes-ills-one-sided-hearing
...just one week before that hearing, on December 9, 2020, Troupis had received detailed written instructions about how to create a fake slate of electors for Trump from another lawyer working with the Trump campaign, Kenneth Chesebro, an ally of John Eastman, whose plan for halting congressional certification of the Electoral College results on January 6, 2021, had been embraced by Trump. As the New York Times reported last month,Troupis also wrote to a Trump adviser on December 7, 2020, that submitting alternate slates of electors in swing states was part of a plot to give Pence a reason to delay congressional certification of the Electoral College results on January 6.
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https://www.washingtonpost.com/national-security/2022/07/25/fann-townsend-subpoenas-arizona-trump/
no lnx Democracy Dies in Darkness
Arizona fake-electors subpoenas show breadth of DOJ Jan. 6 probe
Requests for information from two state lawmakers were released under a state public records law
By Devlin Barrett and Yvonne Wingett Sanchez
July 25, 2022
Arizona state Sen. Kelly Townsend, pictured in 2019, and state Senate President Karen Fann received subpoenas seeking communications “relating to any effort, plan, or attempt to serve as an Elector” for Donald Trump after the 2020 election. (Bob Christie/AP)[
Grand jury subpoenas issued last month to two Arizona state lawmakers show the breadth of the criminal investigation by the U.S. attorney’s office in Washington into efforts by supporters of Donald Trump to use “false electors” to try to undo Joe Biden’s 2020 election victory.
Copies of two subpoenas issued to Republican state senators from Arizona were released Monday via a public-records request, confirming what has been previously reported about the June demands for records related “to the signing or mailing of any document purporting to be a Certificate certifying Elector votes in favor of Donald J. Trump and/or Michael R. Pence.”
The subpoenas issued to Karen Fann, president of the Arizona Senate, and Sen. Kelly Townsend also seek communications “relating to any effort, plan, or attempt to serve as an Elector” in favor of the then-president and then-vice president.
A subpoena is not an accusation but rather a demand for information that investigators believe may help them solve a crime. The documents released Monday cast a wide net for any communications that Fann and Townsend may have had with any member of the executive or legislative branch of the federal government; any representative or agent of Trump or his campaign; or Trump boosters Jenna Ellis, Bernard Kerik, Rudy Giuliani, Boris Epshteyn, James Troupis, Joe DiGenova, John Eastman, Joshua Findlay,Justin Clark, Kenneth Chesebro, Mike Roman or Victoria Toensing.....
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https://www.npr.org/2022/07/05/1109871416/grand-jury-subpoena-giuliani-eastman-graham
no lnx
Georgia grand jury subpoenas top Trump allies, including Giuliani and Eastman
July 5, 2022
Heard on All Things Considered
STEPHEN FOWLER
John Eastman, attorney for former President Donald Trump, stands at left as Rudy Giuliani speaks in Washington at a rally in support of Trump.
A special grand jury in Georgia has issued subpoenas to some of the key figures associated with former President Donald Trump's failed efforts to reverse his narrow defeat, as a wide-ranging investigation into possible criminal interference ratchets up.
Those summoned by the seven subpoenas approved Tuesday include Rudy Giuliani, Trump's personal attorney; John Eastman, the former Trump lawyer who told Georgia lawmakers they had a "duty" to submit alternate electors; Cleta Mitchell, who was on the infamous 2021 call with Georgia's Secretary of State where Trump wanted to "find" votes; and others who guided attempts to subvert election results.
South Carolina Sen. Lindsey Graham has also been subpoenaed in relation to phone calls he made with Secretary of State Brad Raffensperger regarding absentee ballot rejections, according to the filings.
A 23-person special grand jury has been meeting since May to determine what, if any, state laws were broken in the months-long attempt to undo President Joe Biden's roughly 12,000-vote victory over then-President Trump, including potential crimes like "the solicitation of election fraud, making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office" and other disruptions to the election.
Recent witness testimony includes Raffensperger, Democratic attorney general nominee and state Sen. Jen Jordan and Democratic secretary of state nominee Rep. Bee Nguyen.
Tuesday's court filings shed light on the potential direction of the investigation into crimes related to Trump's obsession with Georgia in the aftermath of the 2020 presidential election. That interest was fueled by a variety of figures who provided dubious legal justifications for undoing his defeat, including Giuliani and Eastman.
Giuliani's lawyer says he has 'no current comment'
The court documents note Giuliani's presentation to state lawmakers in an unofficial hearing in December 2020 that included numerous false claims about Georgia's elections, even after several claims had been debunked by state and local officials.
"Despite this, the Witness made additional statements, both to the public and in subsequent legislative hearings, claiming widespread voter fraud in Georgia," the summons reads.
In a statement to NPR,Giuliani's lawyer Robert Costello said "we have not been served with any subpoena, so we have no current comment."
District attorney in Georgia asks for a special grand jury for Trump election probe
Eastman, who pushed a theory that then-Vice President Mike Pence could overturn the 2020 election results and according to the House Jan. 6 committee also asked for a presidential pardon, told state lawmakers in a hearing that they could ignore Georgia's election results and appoint an alternate slate of electors.
Other figures named Tuesday include Jenna Ellis, who the district attorney says authored memos citing disputed legal theories to justify the plan to have Pence reject electors from Georgia and other swing states, andKenneth Chesebro, a lawyer who allegedly worked with the chair of the Georgia GOP to have 16 people secretly meet in the state capitol building to serve as fake electors.
Georgia officials fact-check an infamous Trump phone call in real time
HOUSE JAN. 6 COMMITTEE HEARINGS
Georgia officials fact-check an infamous Trump phone call in real time
The court documents say Chesebro drafted two documents in support of the plan, provided a Microsoft Word document template for the fake elector plot and told the state party he was working with Giuliani to implement the plan.
Georgia has played an outsized role in the fallout from the last presidential election, including the leadup to the Jan. 6, 2021 Capitol insurrection. Hearings held by the House committee investigating the attack have featured several Georgia witnesses in recent weeks as they try to outline how Trump's refusal to accept defeat contributed to the violent attempt to stop the Electoral College certification.
Raffensperger, his top deputy and a former Fulton County poll worker testified about the negative impact of false claims made about the election from individuals like Giuliani, including death threats and disruptions.
Georgia's special grand jury cannot indict individuals but will make recommendations to Fulton County District Attorney Fani Willis about how to proceed.
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an 7 22
far-right Republican U.S. Congressman is the latest to receive a subpoena from Fulton County, Georgia District Attorney Fani Willis‘ special criminal grand jury investigation into Trump allies’ efforts to overturn the 2020 election.
Rep. Jody Hice (R-GA), who was endorsed by Donald Trump in the race for the GOP nomination to become Georgia Secretary of State, received the subpoena which instructs him to appear Tuesday morning, Politico reports.
“The subpoena underscores the rapidly escalating pace of District Attorney Fani Willis’ investigation, which has already issued subpoenas to other figures close to Trump, including Sen. Lindsey Graham, Rudy Giuliani and John Eastman.”
Hice is a former far-right radio show host and pastor. He lost the GOP Secretary of State primary against incumbent Brad Raffensperger. Before getting elected to Congress Hice was probably best-known for his claim that LGBTQ people have a secret plot to seduce and sodomize America’s sons.
“In a 2012 book, that candidate—pastor and talk radio host Jody Hice—alleges the gay community has a secret plot to recruit and sodomize children.” Mother Jones reported in 2014. “In It’s Now or Never: A Call to Reclaim America, Hice also asserts that supporters of abortion rights are worse than Hitler and compares gay relationships to bestiality and incest. He proposes that Muslims be stripped of their First Amendment rights.”
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ref july 7 an
Former President Donald Trump published two posts on his Twitter-knockoff app Truth Social on Thursday indicating that he is extremely agitated about the criminal investigation into his infamous post-2020 election scheme to strongarm Georgia's Republican Secretary of State Brad Raffensperger to "find" nonexistent votes.
Trump called Raffensperger twice after victory was declared for President Joe Biden and strongly urged Raffensperger to, somehow, scrounge up 11,780 ballots – one more than the margin of Trump's upset loss to Biden – so that he could be awarded the Peach State's 16 Electoral College votes. It was one of, if not the most, glaring example of Trump's efforts to manipulate the results of the presidential contest.
Last month, Fulton County District Attorney Fani Willis convened a grand jury to determine whether Trump had engaged in "the solicitation of election fraud, making of false statements to state and local governmental bodies, conspiracy, racketeering, and violation of oath of office," all of which are felonies that carry severe penalties.
READ MORE: Donald Trump quietly exited from his social media company ahead of federal subpoena flurry: report
On Tuesday, subpoenas were served to seven Trump World confederates: Senator Lindsey Graham (R-South Carolina), who also phoned Raffensperger on behalf of the brooding soon-to-be-ex-commander in chief; Trump's television attorney Rudy Giuliani and his associate Jenna Ellis; coup architect John Eastman (who was behind the coordinated campaign to send fraudulent slates of electors to Washington from multiple swing states that Trump lost); as well as three lesser-known lawyers – Jacki Pick Deason, Kenneth Chesebro, and Cleta Mitchell – the latter of whom was present for Trump's clandestine chat with Raffensperger.
“During the telephone call, the witness and others made allegations of widespread voter fraud in the November 2020 election in Georgia and pressured Secretary Raffensperger to take action in his official capacity to investigate unfounded claims of fraud," Mitchell's subpoena says.
On Wednesday, Willis indicated that subpoenaing Trump himself is a real possibility and that more of his allies are in her sights.
“Anything’s possible,” Willis told NBC News while stressing that nothing is being rushed or overlooked. "We’ll just have to see where the investigation leads us. I think that people thought that we came into this as some kind of game. This is not a game at all. What I am doing is very serious. It’s very important work. And we’re going to do our due diligence and making sure that we look at all aspects of the case."
These developments are having a noticeably negative impact on Trump's psyche.
On Thursday morning, Trump defended his exhortative conversations with Raffensperger and repeated his Big Lie that the election was a hoax.
"BOTH of my phone calls to Georgia were PERFECT. I had an absolute right to make them &, in fact, the story on the one call was given a retraction, or apology, by the Washington Post because they were given terribly false information about it, & when they heard the actual call, they realized that their story was wrong. Thank you to the W.P. I, as does anyone else (just look at the Democrats!), have the absolute right to challenge the results of an Election," Trump wrote on Truth Social. "This one, CORRUPT, RIGGED, & STOLEN!"
The Washington Post article mentioned by Trump was not what he is making it out to be.
READ MORE: Trump loyalists move ahead with 'sham' election project designed for voter intimidation: report
On March 16, 2021, the paper corrected a couple of misquotes that it had printed. It did not, as Trump claimed, promulgate "terribly false information" or perpetuate misleading data about the 2020 election.
Correspondent Erik Wemple noted that "in a time of much-overblown chatter about election irregularities, this call between the president of the United States and a state-level investigator was the real irregularity." What mattered, Wemple continued, was that "the call happened; it was an abuse of presidential authority; and it failed to corrupt the investigators working under Raffensperger. But Trump wasn’t quite the plain-spoken rogue depicted in The Post’s story."
Nevertheless, an hour after his first Thursday rant, Trump baselessly accused unspecified "others" of screwing him out of a second term.
"I did NOTHING wrong in Georgia, but others did," Trump seethed. "They CHEATED in the 2020 Presidential Election, and those are the ones that should be investigated (and prosecuted)! Letter to follow."
[Meanwhile, the fallout from Trump going down to Georgia](https://www.alternet.org/2022/07/rudy-giuliani-donald-trump-pardon/ "view post: Rudy Giuliani: 'It would have been perfectly legitimate' to ask Donald Trump for a pardon"
is compounded by the House Select Committee to Investigate the January 6th Attack on the United States Capitol, whose seventh public hearing is scheduled for next Tuesday at 10:00 a.m.
Its theme, according to the bipartisan panel's announcement on Wednesday, will be the suspected coordination between Team Trump and white nationalist groups such as the Proud Boys and Oath Keepers in the leadup to the violent insurrection.
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https://www.jsonline.com/story/news/politics/elections/2022/02/02/trump-campaigns-wisconsin-attorney-got-memo-fake-elector-strategy/6642643001/
no lnx many gfx
Wisconsin attorney for Trump campaign one of first known to learn of fake elector strategy, memo shows
Molly Beck
Milwaukee Journal Sentinel
Trump campaign attorney James Troupis speaks during a Senate Homeland Security & Governmental Affairs Committee hearing to discuss election security and the 2020 election process on Wednesday, Dec. 16, 2020, on Capitol Hill in Washington.
MADISON – A Wisconsin attorney hired to litigate former President Donald Trump's 2020 loss in the state was one of the first to learn of a scheme to put in place Republican electors in states Trump was trying to overturn election results.
Jim Troupis, a former Dane County Circuit Court judge hired by Trump's campaign to oversee recounts, received a memo on Nov. 18, 2020, outlining the strategy, according to the New York Times. The memo arrived the same day Troupis filed paperwork on behalf of the Trump campaign to begin ballot recounts in the liberal-leaning and populous Dane and Milwaukee counties.
The memo underscores the significance of Jan. 6, 2021, to the Trump campaign's efforts to overturn a loss confirmed by courts and recounts — a date thousands converged on the U.S. Capitol to block Congress from certifying President Joe Biden's victory, resulting in violence and death.
The memo to Troupis came from Boston-area attorney Kenneth Chesebro with the subject line "The Real Deadline for Settling a State’s Electoral Vote."
It outlined Chesebro's legal analysis backing up his suggestion during a conference call with Troupis that "in any judicial review of the canvassing/recounting in Wisconsin, we should emphasize that the presidential election timetable affords ample time for judicial proceedings, even if initial errors in the recount require a remand for further recounting."
[doc?]
Chesebro told Troupis that Jan. 6, 2021, should be considered the real deadline to resolve Wisconsin's presidential contest — not Dec. 8, 2020, a so-called "safe harbor" deadline under the Electoral Count Act that Wisconsin missed, or Dec. 14, 2020, when electors met in the Wisconsin State Capitol to confirm President Joe Biden's victory.
"Assuming the electors pledged to Trump and Pence end up meeting at the Wisconsin Capitol on December 14 to cast their votes, and then send their votes to the President of the Senate in time to be opened on January 6, a court decision (or, perhaps, a state legislative determination) rendered after December 14 in favor of the Trump-Pence slate of electors should be considered timely," Chesebro wrote to Troupis.
"On this view, the only real deadline during the next month is the December 14 deadline to cast electoral votes — so that any state judicial proceedings which extend past that date, working toward resolution of who has won Wisconsin’s electoral votes, are entirely compatible with federal law provided that they are completed by January 6."
On Dec. 14, 2020, Wisconsin's members of the Electoral College gathered in the state Capitol to deliver the state's 10 electoral votes to Biden. At the same time, in another part of the Capitol, a group of Republicans purported to do the same thing for Trump.
They signed official-looking documents stating Trump had won even though the state Supreme Court had ruled just an hour earlier that Biden was the victor. They sent the material to the U.S. Senate, the National Archives, Wisconsin Secretary of State Doug La Follette and a federal judge.
The U.S. House committee investigating the Jan. 6, 2021 breaching of the U.S. Capitol has subpoenaed former Republican Party of Wisconsin chairman Andrew Hitt and Eighth Congressional District Republican Party chairwoman Kelly Ruh, who acted as electors, as part of their probe.
Wisconsin Republican Party's chairman, Andrew Hitt.
Troupis, Hitt and Ruh did not respond to messages from the Milwaukee Journal Sentinel.
Hitt, an Appleton attorney who stepped down as chairman of the GOP last year, said in a statement last week that he would comply with the subpoena. He said he had followed legal advice in meeting as an elector, but did not say last week who offered that advice.
Ruh is a De Pere council member seeking reelection.
At the time they filed the paperwork, Wisconsin Republicans said they wanted to preserve their chances of claiming the presidency in case Trump and his allies won long-shot appeals to a string of lawsuits challenging the election results. Those legal efforts proved fruitless as courts across the country threw out dozens of cases.
Kelly Ruh
In the Nov. 18, 2020, memo, Chesebro assured Troupis the move was justified.
"It may seem odd that the electors pledged to Trump and Pence might meet and cast their votes on December 14 even if, at that juncture, the Trump-Pence ticket is behind in the vote count, and no certificate of election has been issued in favor of Trump and Pence," he wrote. "However, a fair reading of the federal statutes suggests that this is a reasonable course of action."
The memo to Troupis was used by Trump attorney Rudy Giuliani and others to develop a strategy to "exploit ambiguities in the Electoral Count Act,"according to the Times' reporting.
Then-Gov. Scott Walker appointed Troupis to the bench in liberal Dane County in 2015.Troupis gave up his seat the next year, before his term was up. He hoped at the time to have Walker appoint him to the state Supreme Court.
During the recounts of Dane and Milwaukee counties, Troupis sought to throw out tens of thousands of absentee ballots that were cast in person — an argument that included tossing his own ballot, and his wife's.
Troupis and his wife voted early using the state's in-person absentee option — one of a group of voters whose ballots the Trump campaign unsuccessfully asked election officials to deem illegal.
In all, the Trump campaign sought to eliminate all in-person early votes; all mailed-in absentee ballots if written applications for them could not be tracked down; all votes submitted by those who say they are indefinitely confined; and all absentee ballots where clerks wrote in the addresses of witnesses. None of their requests were granted.
U.S. Reps. Mark Pocan and Gwen Moore of Wisconsin have asked Attorney General Merrick Garland to investigate the 10 Republicans who signed on as Trump electors. Lawyers for a group that filed a complaint with the Wisconsin Elections Commission over the false electors have told the commission it will soon take the matter to court if the commission, which has been in possession of the complaint for nearly a year, does not act soon.
Patrick Marley of the Milwaukee Journal Sentinel contributed to this report.
Contact Molly Beck at molly.beck@jrn.com. Follow her on Twitter at @MollyBeck.
===
https://www.detroitnews.com/story/news/politics/2022/05/17/lawsuit-seeks-2-4-m-damages-wisconsin-fake-gop-electors/9806375002/
no lnx orig
Lawsuit seeks $2.4M damages from Wisconsin fake GOP electors
Madison, Wis. – Two Wisconsin Democratic electors and a voter on Tuesday sued Republicans who attempted to cast electoral ballots for Donald Trump in 2020 despite Joe Biden’s victory in the battleground state.
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Their lawsuit filed in Dane County Circuit Court alleges a conspiracy by Trump and his allies to overturn his loss in the presidential race, calling it “as legally baseless as it was repugnant to democracy.” It seeks up to $2.4 million in damages as well as disqualifying the Republicans from ever serving as electors again.
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The plaintiffs say it’s the first such lawsuit in the seven swing states where GOP electors falsely declared Trump the winner and cast their votes for him in December 2020.
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“It’s essential to have accountability and to make sure this doesn’t happen again,” said Jeffrey Mandell, an attorney for the plaintiffs. “We have heard in the more than a year since the fraudulent electors met the excuse that what they did was not wrong, it was totally fine. We want a court to make clear that is not true.”
Republican electors named in the lawsuit who have spoken publicly about what they did have long argued that they weren’t trying to change the Wisconsin result. Instead, they said they were trying to preserve all their legal options in case a court ruled in favor of Trump.
A Trump campaign official, Stephen Miller, said on Fox News in December 2020 that the GOP slate of electors sent their results to Congress to “ensure that all of our legal remedies remain open.”
The lawsuit names 10 Republican electors and two attorneys who the lawsuit said aided their efforts. The attorneys are Boston-area lawyer Kenneth Chesebro and Jim Troupis, who was Trump’s attorney in Wisconsin. The lawsuit cites a memo Chesebro sent to Troupis in November 2020 detailing the elector plan.
In that memo, Chesebro wrote that “It may seem odd that the electors pledged to Trump and (Vice President Mike) Pence might meet and cast their votes” but a fair reading of federal law “suggests that this is a reasonable course of action.”
Chesebro, when reached by phone and told of the lawsuit, said “Thank you for letting me know I will check into that” before he hung up. Troupis did not immediately return a phone message seeking comment.
Kelly Ruh, one of the 10 electors, said she was not aware of the lawsuit and had no immediate comment. Other defendants contacted did not immediately return messages seeking comment.
The bipartisan Wisconsin Elections Commission, working from an analysis by the state’s Department of Justice that generally accepted that argument, earlier concluded that the Republicans did not break any election laws. But the U.S. House committee investigating the Jan. 6 Capitol insurrection is also looking into the actions of GOP electors, with subpoenas to at least 20 people who were part of the Republican effort in Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin.
The U.S. Department of Justice also is investigating.
Biden defeated Trump in Wisconsin by just under 21,000 votes. That outcome has withstood recounts Trump ordered in the state’s two largest counties, multiple state and federal lawsuits, an independent audit and a review by a conservative law firm. An investigation by The Associated Press of potential voter fraud cases in the battleground states where Trump challenged the results found far too few to affect the outcome of the race.
The lawsuit asks that the Republican electors and the attorneys be fined $2,000 each and pay up to $200,000 each in punitive damages. The lawsuit calls for punitive damages to go to plaintiffs. Mel Barnes, an attorney for Law Forward, said the goal is deterrence, not profit.
“No one joined this lawsuit for the personal gain,” she said.
Electors in the seven states signed certificates falsely stating that Trump, not Biden, had won their states. They mailed those certificates to the National Archives and Congress, where they were ignored. However, several of Trump’s Republican allies in the House and Senate used them to justify delaying or blocking the certification of the election during the joint session of Congress.
On two of the certificates, from New Mexico and Pennsylvania, the Republican electors added a caveat saying the certificate was submitted in case they were later recognized as duly elected, qualified electors. That would only have been possible if Trump had won any of the several dozen legal challenges he filed in the weeks after the election. Instead, he lost them all.
Wisconsin Republicans gathered on Dec. 14, 2020, in the state Capitol in Madison. The state’s 10 Democratic electors, which included lawsuit plaintiffs Khary Penebaker and Mary Arnold, were meeting in the building at the same time. The third plaintiff, Bonnie Joseph, is identified simply as a voter “who objects to Defendants’ unlawful interference” in the Electoral College.
The lawsuit argues the Republicans made unlawful use of public resources when they met at the Capitol.
The Democratic electors who brought the lawsuit are represented by the liberal Law Forward law firm and the Institute for Constitutional Advocacy and Protection at the Georgetown University Law Center. It was Law Forward that earlier brought the complaint that was rejected by the state elections commission.
The groups said they had no immediate plans to file similar lawsuits in the other swing states.
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day 4 "aside" RNC ronna directly involved in fake elector scheme?!
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aha GOP cognitive dissonance: beleive they say in democracy, but realize they cannot win in mktplace of ideas, demographic shift, and they are inherently winners (b/c blessed by god?); thus if # say they lost election, it must be b/c dems cheated [tammany hall machine pol hillary corrupt]; or like eastman/rudy will pretend to beleive voter fraud if enable hold on to power // auth fascist disable norms, institutions and shared sense of reality/ empirical fact THUS BIG LIE has fundamentally crippled/corrupted body politic, peril to democracy (heads on slender thread of norm , as maddow says, like Bowers to uphold norms despite unprecendented pressure [// Lady Ruby personally and publically [jumbotron rally and presumably twt soc media]
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testified day 4 praise RR on election day transfer miracle; dtr term ill, big pathos; xian // VP staff/lawyer in basement 1/6?
https://www.alternet.org/2022/06/donald-trump-rusty-bowers/ attack cohen ctr-punch BS?
https://www.alternet.org/2022/06/arizona-gop-lawmaker/
An Arizona Republican lawmaker is speaking out about the pressures he faced from former President Donald Trump, his personal lawyer Rudy Giuliani, and the former president's allies amid Republicans' attempts to overturn the presidential election.
According to NPR.org, Arizona House Speaker Rusty Bowers(R) recently testified and shared details about his conversations with Giuliani where he claimed undocumented voters were responsible for casting illegal ballots. He also claimed votes had been cast on behalf of a substantial number of deceased individuals.
But instead of just running with Giuliani's claims, Bowers and other Republican legislators requested he provide solid evidence to back the tall accusations. "In my recollection," Bowers said of Giuliani, "he said, We have lots of theories we just don't have the evidence.'"
Bowers also recalled how Giuliani also "pressured him to call the Arizona legislature back into session — a unilateral move Bowers said he cannot do — to recall the electors that would be going to President Biden after Biden beat Trump in the state."
"It is a tenet of my faith that theConstitution is divinely inspired," he said, growing visibly emotional. "I would not do it."
He noted that the former president also echoed similar sentiments but he didn't believe the evidence they provided to back their claims "merited a hearing."
"You are asking me to do something against my oath, andI will not break my oath," he said he told Trump and Giuliani, to which the former New York mayor said: "Aren't we all Republicans here? I would think we'd get a better reception."
Trump-supporting lawyer John Eastman also contacted Bowers by phone as he echoed Trump and Giuliani's demands. "His suggestion was that we would do it, and I said I can't," Bowers said, adding that Eastman pressured him by telling him to "just do it and let the courts sort it out."
In addition to pressure from Trump's allies, Bowers also noted that the former president's supporters also expressed concern about the outcome of the election. He revealed, per NPR.org, that "his office was subject to over 20,000 emails, thousands of voicemails and texts from those who believed he was wrong to not recall the electors."
"Up until recently, it is a new pattern in our lives to worry what will happen on Saturdays," he said of his family. "Because we have various groups come by."
Bowers has also faced a litany of accusations including being called "a pedophile and corrupt politician" as video trucks drive through his neighborhood and threaten his neighbors."It was disturbing," he said emotionally as he recalled what transpired.
3% gun on hip verbally threat neighbor "I knew I had to get close" to WHAT?!
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twt
larry t
If “pro-Trump lawyer Kenneth Chesebro [told Eastman] the ‘odds of [S.Ct.] action before Jan. 6 will become more favorable if the justices start to fear that there will be ‘wild’ chaos on Jan. 6 unless they rule by then,” that’s fascism, not law. Horrific.
maggie h nyt
another Trump lawyer, Ken Chesebro, suggested the justices may be more inclined to weigh in if they had “fear” of “‘wild’ chaos” on Jan 6. He said it five days after Trump’s “wild” tweet about his Jan 6 rally
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no lnx
Read the secret memo to Rudy Giuliani that a judge said was likely 'part of a criminal effort'
U.S. District Court Judge David Carter said in March that former President Donald Trump "more likely than not" tried to obstruct Congress as part of an ongoing criminal conspiracy to overthrow the 2020 election.
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“Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021,” Carter wrote in a ruling that approved the public release of more than 100 emails that Trump's legal adviser, John Eastman, sent to craft a legal argument for stopping the certification of the election.
Eastman's emails, combined with a memo from Trump attorney Kenneth Chesebro, crafted a plan for Vice President Mike Pence to block the election from being certified.The memo was sent to Rudy Giuliani and has now been published publicly by the House Select Committee investigating the Jan. 6 attack and the efforts that led to the election overthrow, Politico reports.
On Jan. 2, 2021, Eastman wrote: "Ken, Did you do a memo on the Jan 6 authority that includes the competing scholarship on the topics? If so, can you send it to me? I might have it in my inbox, but I can't find it at the moment."
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Chesebro then responded: "Oh, I did a very rough e-mail on Dec. 13, which [redacted] requested on behalf of the Mayor. A lot of it is irrelevant at this point. The end discusses the originalist view of the 12th Amendment."
He then included his memo. According to the Dec. 2020 email, Chesebro had been writing the memo on a hotel computer.
"I have not delved into the historical record (Vice President Pence's counsel has, and seems totally up on this and I'm sure there are many other lawyers who can add great detail, [Redacted] in particular), and am writing this with reference 3 law 104 N.C. L. Rev. 1732 (2004); and Foley, 51 Loyola U. Chi. L.J. 309 (2019)," the memo begins.
"The bottom line is I think having the President of the Senate firmly take the position that he, and he alone, is charged with the constitutional responsibility not just to open the votes, but to count them — including making judgments about what to do if there are conflicting votes — represents the best way to ensure: (1) that the mass media and social media platforms, and therefore the public, will focus intently on the evidence of abuses in the election and canvassing; and (2) that there will be additional scrutiny in the courts and/or state legislatures, with an eye toward determining which electoral slates are the valid ones."
He then suggested that top aides to Pence and Trump do this to keep the two leaders "above the fray."
He then outlined a "chronology of how things could play out," with Pence refusing to count the votes. The Senate would then hold hearings to talk about "widespread violations of law," despite the fact that dozens of lawsuits alleging fraud filed by the Trump campaign had been tossed out of court.
He said that the Senate Judiciary Committee would then explore "the constitutional question of how the votes must be counted, with at least two highly qualified legal scholars concluding that the President of the Senate is solely responsible for counting the votes, and that the Electoral Count Act is unconstitutional in dictating limits on debate and dictating who wins electoral votes when there are 2 competing slates and the House and Senate disagree."
Read the full memo here.
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https://www.nytimes.com/2022/06/15/us/trump-emails-eastman-chesebro-jan-6.html
nyt
no lnx
Trump Lawyer Cited ‘Heated Fight’ Among Justices Over Election Suits
In an email weeks after the election, another lawyer advising the Trump campaign responded that the prospect of “‘wild’ chaos” on Jan. 6 could lead the Supreme Court to take up a case.
By Luke Broadwater and Maggie Haberman
June 15, 2022
WASHINGTON — A lawyer advising President Donald J. Trump claimed in an email after Election Day 2020 to have insight into a “heated fight” among the Supreme Court justices over whether to hear arguments about the president’s efforts to overturn his defeat at the polls, two people briefed on the email said.
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The lawyer, John Eastman, made the statement in a Dec. 24, 2020, exchange with a pro-Trump lawyer and Trump campaign officials over whether to file legal papers that they hoped might prompt four justices to agree to hear an election case from Wisconsin.
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“So the odds are not based on the legal merits but an assessment of the justices’ spines, and I understand that there is a heated fight underway,” Mr. Eastman wrote, according to the people briefed on the contents of the email. Referring to the process by which at least four justices are needed to take up a case, he added, “For those willing to do their duty, we should help them by giving them a Wisconsin cert petition to add into the mix.”
The pro-Trump lawyer, Kenneth Chesebro, replied that the “odds of action before Jan. 6 will become more favorable if the justices start to fear that there will be ‘wild’ chaos on Jan. 6 unless they rule by then, either way.”
Their exchange took place five days after Mr. Trump issued a call for his supporters to attend a “protest” at the Ellipse near the White House on Jan. 6, 2021, the day Congress would certify the electoral vote count confirming Joseph R. Biden Jr.’s victory. “Be there. Will be wild!” Mr. Trump wrote on Twitter.
The previously unreported exchange is part of a group of emails obtained by the House select committee investigating the Jan. 6 riot at the Capitol by a mob of Mr. Trump’s supporters.
Mr. Chesebro’s comment about the justices being more open to hearing a case if they fear chaos was striking for its link to the potential for the kind of mob scene that materialized at the Capitol weeks later.
And Mr. Eastman’s email, if taken at face value, raised the question of how he would have known about internal tension among the justices about dealing with election cases. Mr. Eastman had been a clerk for Justice Clarence Thomas.
The committee is also reviewing emails between Mr. Eastman and Virginia Thomas, the wife of Justice Thomas. Ms. Thomas was an outspoken supporter of Mr. Trump and in the period after Election Day sent a barrage of text messages to the Trump White House urging efforts to reverse the outcome and supported a variety of efforts to keep Mr. Trump in office.
It was not immediately clear when the communications took place between Ms. Thomas and Mr. Eastman or what they discussed. The existence of the emails between Mr. Eastman and Ms. Thomas was reported earlier by The Washington Post.
[The Themes of the Jan. 6 House Committee Hearings
Making a Case Against Trump: The committee appears to be laying out a road map for prosecutors to indict former President Donald J. Trump. But the path to any trial is uncertain.
Day One: During the first hearing, the panel presented a gripping story with a sprawling cast of characters, but only three main players: Mr. Trump, the Proud Boys and a Capitol Police officer.
Day Two: In its second hearing, the committee showed how Mr. Trump ignored aides and advisers in declaring victory prematurely and relentlessly pressing claims of fraud he was told were wrong.
Day Three: Mr. Trump pressured Vice President Mike Pence to go along with a plan to overturn his loss even after he was told it was illegal, according to testimony laid out by the panel during the third hearing.]
A federal judge recently ordered Mr. Eastman to turn over documents to the panel from the period after the November 2020 election when he was meeting with conservative groups to discuss fighting the election results.
After debating internally about whether to seek an interview with Ms. Thomas, members of the committee have said in recent weeks that they do not see her actions as central to the plans to overturn the election.
Representative Elaine Luria, Democrat of Virginia and a member of the committee, told NBC News last weekend that Ms. Thomas was “not the focus of this investigation.”
But her contact with Mr. Eastman could add a new dimension to the inquiry.
A federal judge has already concluded in a civil case that Mr. Trump and Mr. Eastman “more likely than not” had committed two felonies, including conspiracy to defraud the American people, in their attempts to overturn the election.
Mr. Chesebro, and lawyers for Mr. Eastman and Ms. Thomas, did not respond to requests for comment.
Word of the exchanges between Mr. Eastman, Mr. Chesebro and the campaign lawyers emerged as the House committee prepared for a public hearing on Thursday to present new details of the intense pressure campaign Mr. Trump and Mr. Eastman waged against Vice President Mike Pence, which the panel says directly contributed to the violent siege of Congress.
The public hearing, the panel’s third this month as it lays out the steps Mr. Trump took to try to overturn the 2020 election, is scheduled for 1 p.m. The committee plans to release materials detailing the threats of violence against Mr. Pence, and the ways the vice president’s security team scrambled to try to keep him safe from the mob.
The email exchange involving Mr. Eastman and Mr. Chesebro included a request, which appears to have been denied, that the Trump campaign pay for the effort to get another case in front of the Supreme Court. In the emails, Mr. Chesebro made clear that he did not consider the odds of success to be good, but he pressed to try, laying out why he claimed the election was invalid.
Mr. Eastman said that he and Mr. Chesebro “are of similar” minds and that the legal arguments “are rock solid,” before going on to describe what he said were the divisions among the justices and the benefits of giving them another chance to take up an election case.
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In the previous several weeks, the court had turned aside two other efforts to consider election-related suits brought by allies of Mr. Trump.
Mr. Chesebro then replied, according to the people briefed on the exchange: “I don’t have the personal insight that John has into the four justices likely to be most upset about what is happening in the various states, who might want to intervene, so I should make it clear that I don’t discount John’s estimate.”
He went on that he agreed that “getting this on file gives more ammo to the justices fighting for the court to intervene.”
“I think the odds of action before Jan. 6 will become more favorable if the justices start to fear that there will be ‘wild’ chaos on Jan. 6 unless they rule by then, either way,” he said. “Though that factor could go against us on the merits. Easiest way to quell chaos would be to rule against us — our side would accept that result as legitimate.”
Mr. Chesebro concluded: “You miss 100 percent of the shots you don’t take. A campaign that believes it really won the election would file a petition as long as it’s plausible and the resource constraints aren’t too great.”
In the weeks after the election, Mr. Chesebro wrote a string of memos supporting a plan to send so-called alternate electors to Congress for the certification. A little more than two weeks after Election Day, Mr. Chesebro sent a memo to James Troupis, another lawyer for the Trump campaign in Wisconsin, laying out a plan to name pro-Trump electors in the state, which was won by Mr. Biden.
Mr. Chesebro also sent a Dec. 13, 2020, email to Rudolph W. Giuliani, Mr. Trump’s personal lawyer who was by then leading the legal efforts to overturn the election results. In it, he encouraged Mr. Pence to “firmly take the position that he, and he alone, is charged with the constitutional responsibility not just to open the votes, but to count them — including making judgments about what to do if there are conflicting votes.”
That idea took root with Mr. Trump, who engaged in a lengthy effort to convince Mr. Pence that he could block or delay the congressional certification of Mr. Biden’s victory on Jan. 6.
The House committee’s hearing on Thursday is set to feature testimony from J. Michael Luttig, a conservative former judge who advised Mr. Pence that Mr. Trump’s push for the vice president to unilaterally decide to invalidate election results was unconstitutional, and that he should not go along with the plan.
Also scheduled to appear is Greg Jacob, Mr. Pence’s top White House lawyer, who has provided the committee with crucial evidence about the role played by Mr. Eastman, who conceded during an email exchange with Mr. Jacob that his plan to overturn the election was in “violation” of federal law.
The committee is also expected to play video from an interview it recorded with Mr. Pence’s chief of staff, Marc Short. A day before the mob violence, Mr. Short grew so concerned about Mr. Trump’s actions that he presented a warning to a Secret Service agent: The president was going to publicly turn against the vice president, and there could be a security risk to Mr. Pence because of it.
The committee is not expected to display any of the new emails it received involving Ms. Thomas on Thursday, according to two people familiar with the presentation.
Ms. Thomas, known as Ginni, is a conservative political activist who became a close ally of Mr. Trump during his presidency. After he lost the election, she sent a series of messages to Mr. Trump’s final chief of staff, Mark Meadows, Arizona lawmakers and others pushing for the election to be overturned.
The Jan. 6 committee has been presenting the televised hearings as a series of movie-length chapters laying out the different ways Mr. Trump tried to cling to power. After an initial prime-time hearing that drew more than 20 million viewers, in which the panel sought to establish that the former president was at the center of the plot, investigators focused their second hearing on how Mr. Trump spread the lie of a stolen election.
The committee is expected to detail on Thursday some of its findings about the plot involving pro-Trump electors. The panel will present evidence that the White House counsel also concluded that the vice president had no legal power to throw out legitimate electoral votes for the fake electors Mr. Trump’s team put forward.
Investigators will show how Mr. Trump was advised that his plans were unlawful but he pressed forward with them anyway, committee aides said.
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...According to Kenneth Chesebro’s devastating critique of Huber’s junk science book in the American University Law Review, Huber provided the intellectual heft for a fledgling “tort reform” movement that was “long on lobbyists and cash but short on ideas.” The Manhattan Institute hired him in 1986 as part of a public relations attack on the civil justice system in which the institute packaged Huber’s ideas and aggressively marketed them to the media. Perhaps more than any other mainstream journalist, Stossel has helped broadcast these ideas to 20 million people a week and endorsed them with the imprint of objectivity that comes with his place on a traditional network news program....
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kenneth Chesebro 3rd degree connection3rd
Appellate attorney
Law Practice
Harvard Law School
New York, New York, United States Contact info
199 connections
Kenneth Chesebro has handled more than 100 cases in the U.S. Supreme Court and lower courts, frequently on behalf of trial lawyers pursuing high-profile litigation against corporations. He was lead counsel for the plaintiffs in the landmark 1993 Daubert case which clarified the rules for admission of expert testimony. He was also lead counsel for the plaintiffs in the 1993 TXO case, the last case in which the U.S. Supreme Court upheld a punitive damages award in full after reviewing its constitutionality on the merits (sustaining a $10 million punitive damages award that was 526 times the compensatory damages award). He has handled many other cases involving expert testimony and punitive damages, and has successfully defended on post-trial review and/or on appeal many sizable damages awards, including one of the largest awards ever upheld against a tobacco defendant (the $55 million award upheld by the California appellate courts in 2005 in Boeken v. Philip Morris).
Although Chesebro focuses principally on representing plaintiffs against corporations, he is an appellate generalist who has handled a wide range of other appellate matters, frequently involving constitutional law issues. He has twice been retained by Members of Congress to represent them on constitutional matters in the U.S. Supreme Court;he represented the attorneys general of 21 States indefending the due process right of Vietnam veterans to sue the chemical companies that manufactured Agent Orange;
he served as Deputy Special Counsel in the Iran/Contra investigation; and he has served as a lecturer at workshops held by the Federal Judicial Center to provide guidance to federal judges on expert testimony.
Chesebro, a Wisconsin native, graduated from Northwestern University (B.S. 1983) and Harvard Law School (J.D. 1986), where he was an editor of the Law Review.
Kenneth Chesebro has handled more than 100 cases in the U.S. Supreme Court and lower courts, frequently on behalf of trial lawyers pursuing high-profile litigation against corporations. He was lead counsel for the plaintiffs in the landmark 1993 Daubert case which clarified the rules for admission of expert testimony. He was also lead counsel for the plaintiffs in the 1993 TXO case, the last case in which the U.S. Supreme Court upheld a punitive damages award in full after reviewing its constitutionality on the merits (sustaining a $10 million punitive damages award that was 526 times the compensatory damages award).
He has handled many other cases involving expert testimony and punitive damages, and has successfully defended on post-trial review and/or on appeal many sizable damages awards, including one of the largest awards ever upheld against a tobacco defendant (the $55 million award upheld by the California appellate courts in 2005 in Boeken v. Philip Morris). Although Chesebro focuses principally on representing plaintiffs against corporations, he is an appellate generalist who has handled a wide range of other appellate matters, frequently involving constitutional law issues. He has twice been retained by Members of Congress to represent them on constitutional matters in the U.S. Supreme Court; he represented the attorneys general of 21 States in defending the due process right of Vietnam veterans to sue the chemical companies that manufactured Agent Orange;he served as Deputy Special Counsel in the Iran/Contra investigation; and he has served as a lecturer at workshops held by the Federal Judicial Center to provide guidance to federal judges on expert testimony. Chesebro, a Wisconsin native, graduated from Northwestern University (B.S. 1983) and Harvard Law School (J.D. 1986), where he was an editor of the Law Review.…see more
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ExperienceExperience
Law Practice logo
Appellate attorneyAppellate attorney
Law PracticeLaw Practice
Aug 1987 - Present · 34 yrs 11 mosAug 1987 - Present · 34 yrs 11 mos
Litigation attorney, principally at the appellate level, often working with plaintiffs’ attorneys on cases against corporate defendants.
Have briefed more than 60 cases in the U.S. Supreme Court, and dozens of cases in other courts nationwide. Have orally argued in 10 of the 12 federal regional circuit courts. Litigation attorney, principally at the appellate level, often working with plaintiffs’ attorneys on cases against corporate defendants. Have briefed more than 60 cases in the U.S. Supreme Court, and dozens of cases in other courts nationwide. Have orally argued in 10 of the 12 federal regional circuit courts. …see more
Deputy Special Counsel, Office of the Independent Counsel for Iran/Contra MattersDeputy Special Counsel, Office of the Independent Counsel for Iran/Contra Matters
U.S. Department of JusticeU.S. Department of Justice
Apr 1993 - Aug 1993 · 5 mosApr 1993 - Aug 1993 · 5 mos
Washington, D.C.Washington, D.C.
Law ClerkLaw Clerk
Judge Gerard A. Gesell, U.S. District CourtJudge Gerard A. Gesell, U.S. District Court
Jul 1986 - Jun 1987 · 1 yrJul 1986 - Jun 1987 · 1 yr
Washington, D.C.Washington, D.C.
Cravath, Swaine & Moore LLP logo
Summer AssociateSummer Associate
Cravath, Swaine & Moore LLPCravath, Swaine & Moore LLP
Jun 1985 - Aug 1985 · 3 mosJun 1985 - Aug 1985 · 3 mos
New York, New YorkNew York, New York
Sidley Austin LLP logo
Summer AssociateSummer Associate
Sidley Austin LLPSidley Austin LLP
Jun 1984 - Aug 1984 · 3 mosJun 1984 - Aug 1984 · 3 mos
ChicagoChicago
EducationEducation
Harvard Law School logo
Harvard Law SchoolHarvard Law School
Doctor of Law - JDDoctor of Law - JD
1983 - 19861983 - 1986
Editor, Harvard Law Review (co-chair of Supreme Court office; member of Articles office). Teaching assistant in first-year writing courses for Professors David L. Shapiro and David Rosenberg; researcher on litigation and scholarly projects for Professor (later Dean) Martha Minow and Professor Laurence H. Tribe.
Editor, Harvard Law Review(co-chair of Supreme Court office; member of Articles office). Teaching assistant in first-year writing courses for Professors David L. Shapiro and David Rosenberg; researcher on litigation and scholarly projects for Professor (later Dean) Martha Minow and Professor Laurence H. Tribe.…see more
Northwestern University logo
Northwestern UniversityNorthwestern University
Bachelor of Science - BSBachelor of Science - BS
1979 - 19831979 - 1983
Communication Studies major (rhetorical history concentration; intercollegiate debate team); economics and political science minors. National Merit scholar; Hardy Scholar; Dr. Ann Eppert Memorial Scholar (sophomore leadership award); president of Alpha Lambda Delta (junior honor society).Communication Studies major (rhetorical history concentration; intercollegiate debate team); economics and political science minors. National Merit scholar; Hardy Scholar; Dr. Ann Eppert Memorial Scholar (sophomore leadership award); president of Alpha Lambda Delta (junior honor society).…see more
SkillsSkills
Mass tort litigationMass tort litigation
Judicial review of jury verdictsJudicial review of jury verdicts
Punitive damagesPunitive damages
Show all 7 skills
Interests
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Exclusive: Trump Lawyer Kenneth Chesebro Talks About His Role In The ...
5 days agoIt was a surreal reflection, in Chesebro's telling, of the Trump campaign's position pre-Jan. 6, and one that conveniently overlooked the 537-vote margin that Bush won Florida by in 2000, compared...
Trump lawyer Kenneth Chesebro said Pence should RECUSE himself from the ...
Jun 1, 2022Trump lawyer Kenneth Chesebro said Pence should RECUSE himself from the electoral college count in the Senate and hand proceedings over to one of the president's allies, memo reveals Newly revealed...
https://unamericanbar.com › voter-suppression-attorney › kenneth-chesebro
Kenneth J. Chesebro - Lawyer working to supress legally cast votes
Kenneth J. Chesebro TX Bar #04184400 Ken Chesebro went to Harvard, but does not belong to a law firm and has a thin legal resume. He joined Trump late in the failed effort to steal the 2020 election, adding his name to a case intended to disenfranchise Wisconsin voters. E-mail Kenneth (617) 895-6196
https://www.rawstory.com › rudy-giuliani-eastman-chesebro-memo
Read the secret memo to Rudy Giuliani that a judge said was likely ...
Jun 1, 2022Chesebro then responded: "Oh, I did a very rough e-mail on Dec. 13, which [redacted] requested on behalf of the Mayor. A lot of it is irrelevant at this point. The end discusses the originalist...
https://twitter.com › JoshKovensky › status › 1537462858937688065
EXCLUSIVE: Trump attorney Ken Chesebro speaks about his role in the run ...
EXCLUSIVE: Trump attorney Ken Chesebro speaks about his role in the run-up to Jan. 6. 16 Jun 2022
https://www.nytimes.com › 2022 › 06 › 15 › us › trump-emails-eastman-chesebro-jan-6.html
Trump Lawyer Cited 'Heated Fight' Among Justices Over Election Suits
6 days agoThe pro-Trump lawyer, Kenneth Chesebro, replied that the "odds of action before Jan. 6 will become more favorable if the justices start to fear that there will be 'wild' chaos on Jan. 6 unless they...
https://twitter.com › kvconner › status › 1537493655333834753
RT @JoshKovensky: EXCLUSIVE: Trump attorney Ken Chesebro speaks about ...
RT @JoshKovensky: EXCLUSIVE: Trump attorney Ken Chesebro speaks about his role in the run-up to Jan. 6. 16 Jun 2022
'Team Normal' Just Looked The Other Way While Alternate Elector Scheme ...
TodayClark testified to the committee that he was uncomfortable with helping the alternate elector scheme. Clark recalled a conversation he had with Ken Chesebro, a Trump attorney representing the ...
Trump Attorney Memo Outlined 'Alternate Electors' Strategy
Feb 3, 2022Ten Republican electors met elsewhere in the Capitol to cast votes for Trump that day. Chesbro's memo told Troupis that the basic responsibility of electors was to "make and sign six ...
https://www.linkedin.com › in › ken-chesebro
Kenneth Chesebro - Appellate attorney - Law Practice | LinkedIn
Kenneth Chesebro has handled more than 100 cases in the U.S. Supreme Court and lower courts, frequently on behalf of trial lawyers pursuing high-profile litigation against corporations. He was lead..
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