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1. Agreement to defraud the US
If the Constitution is the law of the land, violating the Constitution is unlawful. Trump sent a tweet out: 8:17 a.m. @realDonaldTrump
“States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage!”
Trump was warned that the neither the 12th A , nor the Federal election code have any reference to the VP either sending a delegation back to the state legislature or that the VP has authority to reject a slate by himself. Or herself.
The other aspect of the agreement to defraud the US was that their fundraising was tied to their claims of fraud and they took in a mountain of $.
2. Intention of "interfering with the election certification process"
The process trump and John Eastman were trying to use was invented. It's not in the Constitution. Trump wanted the DOJ, DHS and the pentagon to get invoved in supporting his plan.
3. "Disseminating false information about election fraud"
- November 7, 2020 - Trump fires Secretary of Defense Mark Esper. He is replaced by Christopher Miller.
- Nov 12 and 13 - Trump removes senior Defense Department Officials and replaces them with appointments to ‘acting’ roles.
- Dec 15 - Rosen meets with Trump at the White House. According to Rosen’s public testimony to the Senate, Trump wanted him to appoint a special counsel to investigate fraud and to take further action in states like GA, MI, and PA. Rosen declined to agree.
- Dec 28 - Jeffrey Clarke sends a draft letter to DOJ leadership urging that the Governors and Legislatures should hold emergency sessions and recall their Electoral College slates. None of them called a session to recind the slates they chose on Dec. 14 .
- Jan 4 - U.S. Attorney Jay Pak resigns after he refuses to comply with White House demands.
4. "Pressuring state officials to alter state election results and federal officials to assist in that effort".
January 2, 2020 [/B]
We have the tape. “You know what they did and you’re not reporting it,” the president said during the call. “You know, that’s a criminal — that’s a criminal offense. And you know, you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. That’s a big risk.”
“So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.”…“There’s no way I lost Georgia,” Trump said, a phrase he repeated again and again on the call. “There’s no way. We won by hundreds of thousands of votes.”
The Select Committee is bound by law to release all materials to the public after their final report. That's transparency. They know that now, and they have the receipts,
1. And Trump had a lawyer who apparently said the VP had that authority.
2. Everything was rejected because:
A. No legal basis for appointing a special prosecutor
B. The states had already certified their electors and there is probably no mechanism in state laws to undo that certification. Moreover, since it was past the 14th, even
if a state was to reconsider, and actually withdraw their certified electors, federal law would have meant that the electors would not be counted anyhow.
C. Its not clear how a resignation of a US attorney is evidence of a crime being committed by somebody else.
3. its not a good idea to propose criminalizing speech.
4. The transcript calls for the governor to find the allegedly already cast ballots for Trump. The law people keep referring to is about tabulating ballots incorrectly, or creating ballots out of whole cloth. It doesn't apply.