The New York Times reports, Report Cites New Details of Trump Pressure on Justice Dept. Over Election:
Even by the standards of President Donald J. Trump, it was an extraordinary Oval Office showdown. On the agenda was Mr. Trump’s desire to install a loyalist as acting attorney general to carry out his demands for more aggressive investigations into his baseless claims of election fraud.
On the other side during that meeting on the evening of Jan. 3 were the top leaders of the Justice Department, who warned Mr. Trump that they and other senior officials would resign en masse if he followed through. They received immediate support from another key participant: Pat A. Cipollone, the White House counsel. According to others at the meeting, Mr. Cipollone indicated that he and his top deputy, Patrick F. Philbin, would also step down if Mr. Trump acted on his plan.
Mr. Trump’s proposed plan, Mr. Cipollone argued, would be a “murder-suicide pact,” one participant recalled. Only near the end of the nearly three-hour meeting did Mr. Trump relent and agree to drop his threat.
Mr. Cipollone’s stand that night is among the new details contained in a lengthy interim report (Subverting Justice: How the Former President and His Allies Pressured DOJ to Overturn the 2020 Election) prepared by the Senate Judiciary Committee about Mr. Trump’s efforts to pressure the Justice Department to do his bidding in the chaotic final weeks of his presidency.
The report draws on documents, emails and testimony from three top Justice Department officials, including the acting attorney general for Mr. Trump’s last month in office, Jeffrey A. Rosen; the acting deputy attorney general, Richard P. Donoghue, and Byung J. Pak, who until early January was U.S. attorney in Atlanta. It provides the most complete account yet of Mr. Trump’s efforts to push the department to validate election fraud claims that had been disproved by the F.B.I. and state investigators.
The interim report, released on Thursday, describes how Justice Department officials scrambled to stave off the pressure during a period when Mr. Trump was getting advice about blocking certification of the election from a lawyer he had first seen on television, and the president’s actions were so unsettling that his top general and the House speaker discussed the nuclear chain of command.
Note: The Lawyer Behind the Memo on How Trump Could Stay in Office:
John Eastman’s path from little-known academic to one of the most influential voices in Donald J. Trump’s ear in the final days of his presidency began in mid-2019 on Mr. Trump’s favorite platform: television.
Mr. Trump, who had never met Mr. Eastman, saw him on the Fox News talk show of the far-right commentator Mark Levin railing against the Russia investigation. Within two months, Mr. Eastman was sitting in the Oval Office for an hourlong meeting.
Soon, Mr. Eastman was meeting face to face at Mr. Trump’s urging with the attorney general, William P. Barr, and telling him how Mr. Trump could unilaterally impose limits on birthright citizenship.
Then, after the November election, Mr. Eastman wrote the memo for which he is now best known, laying out steps that Vice President Mike Pence could take to keep Mr. Trump in power — measures Democrats and anti-Trump Republicans have likened to a blueprint for a coup.
Mr. Eastman’s memo is among the most alarming of the continuing revelations about the last stages of Mr. Trump’s time in the White House, when he was prompting the Justice Department to find ways to reverse his loss in the election and his top general was worried about the nuclear chain of command.
Margaret Sullivan adds, A Trump lawyer wrote an instruction manual for a coup. Why haven’t you seen it on the news?
In a normal world, the “Eastman memo” would be infamous by now, the way “Access Hollywood” became the popular shorthand in 2016 for the damning recording of Donald Trump’s bragging about groping women.
But it’s a good bet that most people have never even heard of the Eastman memo.
That says something troubling about how blasé the mainstream press has become about the attempted coup in the aftermath of the 2020 election — and how easily a coup could succeed next time.
The memo, unearthed in Bob Woodward and Robert Costa’s new book, is a stunner. Written by Trump legal adviser John Eastman — a serious Establishment Type with Federalist Society cred and a law school deanship under his belt — it offered Mike Pence, then in his final days as vice president, a detailed plan to declare the 2020 election invalid and give the presidency to Trump.
In other words, how to run a coup in six easy steps.
And 147 Republican members of Congress tried to effectuate this coup plot on January 6. The 147 Republican lawmakers who still objected to the election results even after the Capitol attack. They should all be charged with a seditious conspiracy against the government, and aiding and abetting an insurrection. Seditious Conspiracy, 18 U.S. Code § 2384, Insurrection, 18 U.S. Code § 2383.
Back to The Times:
“This report shows the American people just how close we came to a constitutional crisis,” Richard J. Durbin, Democrat of Illinois and chair of the Senate Judiciary Committee, said in a statement. “Thanks to a number of upstanding Americans in the Department of Justice, Donald Trump was unable to bend the department to his will. But it was not due to a lack of effort.”
Mr. Durbin said that he believes the former president, who remains a front-runner for the Republican nomination in 2024, would have “shredded the Constitution to stay in power.”
The report by Mr. Durbin’s committee hews closely to previous accounts of the final days of the Trump administration, which led multiple Congressional panels and the Justice Department’s watchdog to open investigations.
But, drawing in particular on interviews with Mr. Rosen and Mr. Donoghue, both of whom were at the Jan. 3 Oval Office meeting, it brings to light new details that underscore the intensity and relentlessness with which Mr. Trump pursued his goal of upending the election, and the role that key government officials played in his efforts.
On at least nine occasions in December and early January, the report found, Mr. Trump asked officials to take actions that they believed would undermine an election result that they had deemed to be valid, and that he and his allies contacted department leaders nearly every day, sometimes multiple times a day.
On Dec. 14, the same day that Attorney General William P. Barr informed Mr. Trump that he was stepping down, leaving Mr. Rosen as acting attorney general, Mr. Trump had an aide email Mr. Rosen two items, the report said.
One was a set of talking points about claims of voter fraud in Michigan. The other was a purported examination of problems with Dominion Voting Systems machines in Michigan. For the next three weeks, the report said, Mr. Trump would continue to push the Justice Department to investigate similarly specious allegations.
The report fleshes out the role of Jeffrey Clark, a little-known Justice Department official who participated in multiple conversations with Mr. Trump about how to upend the election and who pushed his superiors to send Georgia officials a letter that falsely claimed the Justice Department had identified “significant concerns that may have impacted the outcome of the election.”
Mr. Trump was weighing whether to replace Mr. Rosen with Mr. Clark. At the start of the Jan. 3 Oval Office meeting, Mr. Rosen recounted, Mr. Trump said, “One thing we know is you, Rosen, aren’t going to do anything to overturn the election.”
The report also detailed a Jan. 2 confrontation during which Mr. Clark seemed to both threaten and coerce Mr. Rosen to send the letter. He first raised the prospect that Mr. Trump could fire Mr. Rosen, and then said that he would decline any offer to replace Mr. Rosen as acting attorney general if Mr. Rosen sent the letter.
Mr. Clark also revealed during that meeting that he had secretly conducted a witness interview with someone in Georgia in connection with election fraud allegations that had already been disproved.
The report raised fresh questions about what role Representative Scott Perry, Republican of Pennsylvania, played in the White House effort to pressure the Justice Department to help upend the election. Mr. Perry called Mr. Donoghue to pressure him into investigating debunked election fraud allegations that had been made in Pennsylvania, the report said, and he complained to Mr. Donoghue that the Justice Department was not doing enough to look into such claims.
Mr. Clark, the report said, also told officials that he had participated in the White House’s efforts at Mr. Perry’s request, and that the lawmaker took him to a meeting at the Oval Office to discuss voter fraud. That meeting occurred at around the same time that Mr. Perry and members of the conservative House Freedom (sic) Caucus met at the White House to discuss the Jan. 6 certification of the election results.
The report confirmed that Mr. Trump was the reason that Mr. Pak hastily left his role as U.S. attorney in Atlanta, an area that Mr. Trump wrongly told people he had won. Mr. Trump told top Justice Department officials that Mr. Pak was a never-Trumper, and he blamed Mr. Pak for the F.B.I.’s failure to find evidence of mass election fraud there.
During the Jan. 3 meeting in the Oval Office, Mr. Donoghue and others tried to convince Mr. Trump not to fire Mr. Pak, as he planned to resign in just a few days. But Mr. Trump made it clear to the officials that Mr. Pak was to leave the following day, leading Mr. Donoghue to phone him that evening and tell him he should pre-emptively resign.
Mr. Trump also went outside the normal line of succession to push for a perceived loyalist, Bobby L. Christine, to run the Atlanta office. Mr. Christine had been the U.S. attorney in Savannah, and had donated to Mr. Trump’s campaign.
Note:
Republicans have sought for months to downplay reports of Mr. Trump’s pressure campaign, arguing that he simply cast a wide net for legal advice and correctly concluded that it would be a mistake to replace Mr. Rosen with Mr. Clark.
Senator Charles E. Grassley, Republican of Iowa, echoed those sentiments on Thursday with the release of a report by committee Republicans, which called Mr. Trump’s actions “consistent with his responsibilities as president to faithfully execute the law and oversee the Executive Branch.”
This heinous whitewashing of the coup d’etat plot demonstrates the complete moral depravity of the Sedition Party. The theory behind this GQP report is that Trump did not successfully complete a coup d’etat, therefore he did nothing wrong. These GQP apologists ignore entirely the crimes of conspiracy to commit a coup d’etat, and an attempted coup d’etat in which people died. The GQP staffers who wrote this whitewash report should be dismissed from working for the committee for their incompetence and lack of moral character.
As Lawrence O’Donnell warned on Thursday night, Transcript: “There is another nightmare in the report by the Republican staff of the Senate Judiciary Committee, and it is a nightmare that will be with us for decades to come, long, long after Donald Trump is gone and long after the Republican Judiciary Committee`s staff — their boss, 88-year-old Chuck Grassley, is gone.” It is these Republican committee staffers. “No committee staff in the Senate has ever produced a more disgraceful piece of work than the Republican committee staff in the Senate Judiciary Committee, and we have every reason to fear that that staff will be doing work like that in Washington for decades to come.”
The first-person fact witnesses refute the GQP whitewash report:
Mr. Rosen, Mr. Donoghue and Mr. Pak — all Republicans — testified that Mr. Trump was not seeking their legal advice, but strong-arming them to violate their oaths of office, undermine the results of the election and subvert the Constitution.
The Judiciary panel is still waiting for the National Archives to furnish documents, calendar appointments and communications involving the White House that concern efforts to subvert the election. It asked the National Archives, which stores correspondence and documents generated by previous presidential administrations, for the records this spring.
It is also waiting to see whether Mr. Clark will sit for an interview and help provide missing details about what was happening inside the White House during the Trump administration’s final weeks. Additionally, the committee has asked the District of Columbia Bar, which licenses and disciplines attorneys, to open a disciplinary investigation into Mr. Clark based on its findings.
Note: The Senate Judiciary Committee is evenly divided, and it takes a majority vote to issue a subpoena. The Sedition Party members are continuing their slow-motion insurrection by obstructing the committee from issuing subpoenas to witnesses. GQP Senators are obstructing Congress, and obstructing justice. They are accessories-after-the-fact, still aiding and abetting the attempted coup d’etat on January 6.
The report recommended that the Justice Department tighten procedures concerning when it can take certain overt steps in election-related fraud investigations. As attorney general, the report said, Mr. Barr weakened the department’s decades-long strict policy of not taking investigative steps in fraud cases until after an election is certified, a measure that is meant to keep the fact of a federal investigation from impacting the election outcome.
The Senate panel found that Mr. Barr personally demanded that the department investigate voter fraud allegations, even if other authorities had looked into them and not found evidence of wrongdoing. These allegations included a claim by Rudolph W. Giuliani, the president’s personal lawyer and a prime force behind the unfounded election fraud allegations, that he had a tape that showed Democratic poll workers kicking their Republican counterparts from a polling station and fraudulently adding votes for Joseph R. Biden Jr. into the count.
On Dec. 1, just two weeks before saying he would step down, Mr. Barr said that the Justice Department had found no evidence of voter fraud widespread enough to change the fact that Mr. Biden had won the presidency.
But Mr. Trump kept coming back to unsubstantiated accounts of election fraud.
Soon after the completion of the Oval Office meeting on the night of Jan. 3, the committee’s report said, Mr. Trump reached out to Mr. Donoghue, asking him to look into reports that the Department of Homeland Security had taken possession of a truck full of shredded ballots outside of Atlanta.
The report turned out to be false. [A QAnon conspiracy theory.]
I will reiterate what I have said many times before. The Party of Trump is a criminal enterprise led by a third-rate mafia “Don” Trump. They are all accomplices, coconspirators and accessories who aid and abet his criminality and corruption. There is not a patriot among them. They put fealty to their “Dear Leader” above all else, including loyalty to their country and our national security, and their oaths of office to defend the Constitution. They reject the rule of law and are amoral. It is a betrayal of the faith of the American people in our constitutional government. They must all be held accountable.
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UPDATE: The Washington Post reports, “John Eastman’s employer tries to whitewash his road map for overturning Trump’s loss”, https://www.washingtonpost.com/politics/2021/10/11/claremont-whitewash-eastman-memo/
The [right-wing] Claremont Institute, which employs the lawyer who provided a road map for President Donald Trump and Vice President Mike Pence to overturn the 2020 election, decided to issue a statement Monday defending Eastman.
“Contrary to almost universally false news accounts, which have done great damage, John did not ask the Vice President, who was presiding over the Joint Session of Congress where electoral votes were to be counted on January 6, to ‘overturn’ the election or to decide the validity of electoral votes,” its statement says.
It adds that “John advised the Vice President that, despite credible legal arguments to the contrary, the Vice President should regard Congress, not the Vice President, as having the authority to choose between the two slates.”
The defense is among the most carefully worded straw-man arguments in modern political history.
Essentially, the statement isn’t disputing that Eastman provided a ready-made procedure for Trump and Pence to get the election overturned — he clearly and unambiguously did so — it’s that he didn’t explicitly say Pence should overturn it himself.
This, though, is a distinction without much of a difference. And it ignores the weightier issues that have led some groups to distance themselves from the Claremont Institute. (The group’s statement says the Federalist Society has “refused to allow John … to discuss essential constitutional questions,” despite his 20 years of involvement with it.)
In the memo, which was revealed recently in a new book by Washington Post journalists Bob Woodward and Robert Costa, Eastman lays out his step-by-step plan for getting Trump reinstalled.
[A]ccording to the Claremont Institute, though, this was not tantamount to asking Pence to overturn the election. And that could be construed as true, only in the most literal and generous of legal readings. What Eastman was doing was providing a procedure by which Pence could simply facilitate the expected result of Congress overturning the election. But at least he wouldn’t ask Pence to try to do this himself, I guess.
Claremont’s defense in large part relies upon a fuller, six-page memo beyond the two-pager initially reported. Eastman provided CNN with a copy of the longer memo when the whole situation blew up last month, saying the initial two-pager was merely a preliminary draft.
The six-pager lays out a fuller legal case and a potentially lengthier process by which this could happen, while allowing for less of a predetermined outcome — one in which states might be allowed some time to determine whether to appoint alternate electors and then Congress might even decide in Biden’s favor. The Claremont Institute says Eastman’s advice to Pence regarded what would happen when “the state legislatures had found sufficient illegal conduct to have altered the results, and as a result submitted a second slate of electors.”
But the initially reported memo makes clear what the goal was here, without bothering with those meddlesome details. And even if we only had the longer one, there’s no secret what this was intended to do: get Pence to take steps that could predictably give control over who wins the presidency to Republicans. The shorter memo suggests Pence might declare Trump the winner with 454 electoral votes, but even it acknowledges that wouldn’t fly and that this would be thrown to Congress.
And the ultimate, hopeful result would be the same. Even Eastman in the longer memo concedes how brazen the plot was.
[T]he Claremont Institute’s argument is basically that some unspecified media outlets reported that Eastman asked Pence to try to overturn the election. Whether this was ever explicitly requested or not, though (and it kinda, sorta seemed to be in the two-page memo!), there is really no question what this was intended to do.
One of the oldest tricks in politics, when facing a damning set of facts, is to mischaracterize or hyperbolize the argument made and then rebut that version of it. But it’s a lot like if you knew someone wanted to rob a bank and you gave them the blueprints to that particular bank branch. Did you tell them to rob that bank? Of course not. Did you give them the means to accomplish what you knew they wanted to do? Yes. You were an accessory.
What the Claremont Institute should really be responding to is whether it’s comfortable with its employee explicitly seeking to help overturn an American election based upon claims that were routinely debunked and rejected in court. That’s the issue here — not whether Eastman actually said Pence should attempt it unilaterally.
—
John Eastman should be disbarred and prosecuted for seditious conspiracy, 18 U.S. Code § 2384. “Lock him up” for the next 20 years.
In Rick Wilson’s twitter feed this morning he is going on about the 1/6 saying he’s been talking to people the the committee is planning on not enforcing subpoenas and letting things go, with nothing more than a memo saying it was bad.
He’s livid, as every American should be.
He says they want to focus on infrastructure, etc.
They should be able to do two things at once.
And letting the orange freak and his terrorist followers off the hook is the worst thing we can do. They want to overthrow democracy.
We should be going after these useless mom’s basement dwelling freaks and the T4ump people who led tham full throttle and the next time it happens, and it will happen again, it’s on the GD dems.
I doubt Rick Wilson has any more incite into what the committee intends than I do. He is just expressing frustration at its slow pace, and lack of any leaks about a DOJ probe into Trump as I do.
January 6 Select Committee Vice Chair Liz Cheney Tweets, https://twitter.com/RepLizCheney/status/1446530469936472069?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1446530469936472069%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.politicususa.com%2F2021%2F10%2F08%2Fliz-cheney-squashes-rick-wilson-rumor-that-1-6-committee-subpoenas-wont-be-enforced.html
This is not true. 1/6 Committee is making significant progress and we will enforce subpoenas. Committee statement coming soon.
“THOMPSON & CHENEY STATEMENT ON SUBPOENA DEADLINE”, https://january6th.house.gov/news/press-releases/thompson-cheney-statement-subpoena-deadline
Chairman Bennie G. Thompson (D-MS) and Vice Chair Liz Cheney (R-WY) today made the following statement regarding the deadline for witnesses under subpoena to produce materials to the Select Committee:
“While Mr. Meadows and Mr. Patel are, so far, engaging with the Select Committee, Mr. Bannon has indicated that he will try to hide behind vague references to privileges of the former President. The Select Committee fully expects all of these witnesses to comply with our demands for both documents and deposition testimony.
“Though the Select Committee welcomes good-faith engagement with witnesses seeking to cooperate with our investigation, we will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral.
“We thank those many patriotic Americans who are coming forward voluntarily to participate in our inquiry. The Committee is making rapid progress and will not be deterred by those who seek to obstruct our efforts.”
Well wadda’ ya’ know, I am wrong and I’m happy about it.
I mean, really happy about it.
Very encouraging news.
“Group files complaint with California bar association against John Eastman, lawyer who advised Trump on election challenges”, https://www.washingtonpost.com/politics/eastman-trump-bar-complaint/2021/10/04/26dc7d50-2535-11ec-8831-a31e7b3de188_story.html
A bipartisan group of former officials and legal heavyweights, including two former federal judges, asked the California bar association Monday to investigate the conduct of John Eastman, the adviser to then-President Donald Trump who mapped out a legal strategy to overturn the 2020 election results.
The complaint, also signed by two former justices of the California Supreme Court, cites Eastman’s work in election challenges rejected by the Supreme Court and his speech at a Jan. 6 rally in Washington before a pro-Trump mob stormed the Capitol. But the 24-page memo centers on Eastman’s alleged role in pressing Vice President Mike Pence not to count electoral votes on Jan. 6 and certify President Biden as the winner.
“The available evidence supports a strong case that the State Bar should investigate whether, in the course of representing Mr. Trump, Mr. Eastman violated his ethical obligations as an attorney by filing frivolous claims, making false statements and engaging in deceptive conduct,” the letter said. “There is also a strong basis to investigate whether Mr. Eastman assisted in unlawful actions by his client, Mr. Trump,” to overturn the results of a legitimate election.
The complaint was written on behalf of the States United Democracy Center, a nonpartisan organization promoting election integrity co-chaired by former New Jersey governor Christine Todd Whitman, a Republican, and Norman Eisen, who served in the Obama White House and worked with House Democrats during the first Trump impeachment.
[S]tephen Gillers, an expert on legal ethics at New York University’s law school, called the request for investigation “a very meritorious complaint. The ethics rules are clear: You cannot assist your client in illegal conduct by giving the patina of a legal argument that is actually baseless. This will be investigated — and of course we need to see Eastman’s full response.”
The request for an investigation of Eastman is important, Eisen said, “because the harm that was done by false claims of election fraud continues to reverberate and is deeply damaging to the nation.”
[E]astman clerked for Justice Clarence Thomas on the Supreme Court and for J. Michael Luttig, a former federal appeals court judge who was consulted by Pence’s team. Luttig has publicly criticized Eastman’s legal reasoning about potential vice-presidential power to delay or block certification of electoral votes as “incorrect.”
“Evidence indicates that Mr. Trump and Mr. Eastman initially sought to use the memoranda to force Mr. Pence to set aside ballots,” the complaint says. “If Mr. Eastman ever abandoned that argument, it was only because it had become clear that Mr. Pence would not yield on that issue. Mr. Eastman’s own account implicitly confirms that view, stating that the President’s demand was narrowed to delaying the count only ‘after all was said and done.’ ”
The complaint makes the case that a lawyer dealing with the courts is not protected by the First Amendment.
“A lawyer must avoid speech that is intentionally false or deceptive, . . . that asserts or advances frivolous claims, . . . or that knowingly assists the client in unlawful conduct,” the complaint says. It maintains that Eastman knew the claims were frivolous because by early December, Trump and his allies had lost more than 50 post-election lawsuits.