![](/wp-content/uploads/2024/05/051524-02-Politics.jpg)
Showing the points of contact between Donald Trump and false slate of electors scheme.
![](/wp-content/uploads/2022/07/RyanGoodman100.jpg)
叠测听
Co-Editor-in-Chief
![](/wp-content/uploads/2023/01/JacobGlick100.jpg)
By
Policy Counsel
![](/wp-content/uploads/2022/12/MaryBMcCord100.jpg)
By
Executive Director,
Visiting Professor of Law,
![](/wp-content/uploads/2024/05/RupaBhattacharyya100.jpg)
By
Legal Director, Institute for Constitutional Advocacy and Protection
A part of former President Donald Trump鈥檚 effort to overturn the 2020 presidential election involved an effort to misuse the Electoral College in seven battleground states. On Dec. 14, 2020, legitimate members of the Electoral College met across the country to sign certificates declaring which presidential candidate won their state. That day, in several states that Biden had won, Republicans met to sign declaring that they were the 鈥渄uly elected and qualified鈥 members of the Electoral College and falsely declaring Trump the winner of their state. They sent their documents to the National Archives.
In the runup to Jan. 6, 2021, these false certificates were used in an effort to claim that Vice President Mike Pence could decide either not to recognize any electors from these 鈥渄isputed states鈥 (meaning an outright Trump win) or else delay the certification of the election.
These actions, and the conspiracy that gave rise to them, have been the subject of multiple criminal indictments. The scheme is included among the conduct charged in the against former President Donald Trump by the Department of Justice鈥檚 Office of Special Counsel. False electors in , , , and also face criminal charges. In Wisconsin, the false electors and two attorneys who aided and abetted them settled arising from their actions, and a criminal investigation in Wisconsin is ongoing.
What follows is a Timeline that provides the most comprehensive factual record to date showing the points of contact between Donald Trump and his close associates and the false slate of electors scheme. This includes documents recently disclosed as a result of the settlement of , the civil case brought against the false Wisconsin electors and the attorneys who abetted them.
Just Security has separately published a on the alternate slate of electors scheme as well as a of the activities by a leading election law scholar. An authored by attorneys at the , who litigated the case, is also available.
A few findings that are contained in the Timeline below:
- The Trump team planned, directed, and coordinated the false alternate slate of electors scheme.
- The false alternate slate of electors was a 鈥渃ritical鈥 part of the Trump-John Eastman conspiracy, according to a federal district court opinion issued in June.
- The false alternate slate of electors was a central part of the Trump-Jeffrey Clark scheme to use the Justice Department to try to overturn the election.
- The Trump team publicly suggested these alternate slates were to preserve an option if courts vindicated Trump鈥檚 legal challenges.
- Trump and his alleged co-conspirators privately pursued the false electors scheme in an effort to get VP Pence to overturn the election 鈥 even if court challenges failed and had been exhausted, state legislatures rebuffed the Trump effort, and the electors came with no certification.
1. Nov. 4, 2020: Former Secretary of Energy in the Trump administration, Rick Perry White House Chief of State Mark Meadows proposing an鈥淎GRESSIVE[sic] STRATEGY鈥 to have state legislatures ignore the will of their voters and deliver their states鈥 electors to Trump:
鈥淗ERE鈥檚 an AGRESSIVE[sic] STRATEGY: Why can t (sic) the states of GA NC PENN and other R controlled state houses declare this is BS (where conflicts and election not called that night) and just send their own electors to vote and have it go to the SCOTUS.鈥
2. Nov. 5, 2020: At 12:51pm, Donald Trump Jr. Meadows proposing that Republican-controlled state assemblies 鈥渟tep in鈥 and put forward separate slates of 鈥淭rump electors.鈥 鈥淩epublicans control Pennsylvania, Wisconsin, Michigan, North Carolina etc we get Trump electors,鈥 Trump Jr. adds. 鈥淲e have multiple paths We control them all,鈥 he writes.
3. Nov. 6, 2020: Rep. Andy Biggs Mark Meadows about efforts to encourage Republican legislators in certain States to send alternate slates of electors which Biggs acknowledges would be 鈥渉ighly controversial.鈥 He asks Meadows, 鈥淚s anybody on the team researching and considering lobbying for that?鈥 Meadows replies: 鈥淚 love it.鈥
![](/wp-content/uploads/2024/05/051524-03-Politics.jpg)
4. Nov. 7, 2020: In an email that Meadows produces for the select committee, a message discusses appointment of alternate slate of electors as part of a 鈥渄irect and collateral attack鈥 after the election ( from Bennie Thompson to Mark Meadows鈥 attorney).
![](/wp-content/uploads/2024/05/051524-04-Politics.jpg)
5. Nov. 7, 2020: Using a burner social media that has since been identified by state investigators, Kenneth Chesebro is posting about how Trump could use alternate electors without judicial intervention, saying, 鈥淵ou don鈥檛 get the big picture. Trump doesn鈥檛 have to get courts to declare him the winner of the vote. He just needs to convince Republican legislatures that the election was systematically rigged, but it鈥檚 impossible to run it again, so they should appoint electors instead.鈥
6. Nov. 8, 2020: The day after the election was called for Biden, Chesebro s James Troupis, a prominent Republican lawyer in Wisconsin and top attorney for the Trump Campaign in the state. Chesebro says that he 鈥渨ould be happy to volunteer for the Trump legal team, if that would be helpful鈥 and says that if 鈥渧arious systemic abuses can be proven,鈥 he didn鈥檛 鈥渟ee why electoral votes certified by [Governor] Evers 鈥 should be counted over an alternative slate [of electors] sent in by the legislature.鈥 Chesebro then says, 鈥淎t minimum, with such a cloud of confusion, no votes from WI (and perhaps also MI and PA) should be counted, perhaps enough to throw the election to the House.鈥 (: Troupis docs, p. 2) Around the next day, Troupis asks Chesebro to help out with the Trump Campaign鈥檚 post-election work (Chesebro ; p. 13).
7. Nov. 9, 2020: In Pennsylvania, Rudy Giuliani drafted a 鈥渕eaningful portion鈥 of a lawsuit filed challenging the state鈥檚 election results, in order to reinsert 鈥渁llegations about widespread election fraud that were important to his national litigation strategy.鈥 This was Giuliani鈥檚 unofficial entrance into litigation that the D.C. Bar Association said he based 鈥渙nly on speculation, mistrust, and suspicion,鈥 which ultimately resulted in disciplinary action against him. The Bar Association assessed that the claims were 鈥渇rivolous鈥 to the point that 鈥渁 reasonable attorney would have concluded that there was not even a faint hope of success.鈥 (: pp. 8, 15).
8. Nov. 11 鈥 Nov. 17, 2020: Troupis and Chesebro continue to communicate about the possibility of alternate slates of electors. Chesebro tells Troupis on Nov. 11 that he 鈥渄id a memo, which I hope I can get to you securely.鈥 (: texts, p. 2) On Nov. 15, Troupis texts Chesebro that he is 鈥渉eaded to Washington in the AM to brief the White House. More and more it looks like a go in Wisconsin.鈥 (: texts, p. 3) Chesebro responds with a long message, which includes his saying he had 鈥渢houghts鈥 about how state legislators could 鈥渕ake findings that Trump supporters in the Jan 6 joint session could rely on to cast doubt on the validity of the electoral votes cast for Biden.鈥 (: texts, pp. 3-4)
9. Nov. 17, 2020: Chesebro sends Troupis a 5-page entitled, 鈥淭he Real Deadline for Settling a State鈥檚 Electoral Votes.鈥 In an email transmitting the memo, Chesebro writes that Troupis 鈥渞equested鈥 the memo and that the details included 鈥渕ay be worthwhile if this is a topic that might be of interest in multiple states.鈥 (: Chesebro email to Troupis, Nov. 17). In the memo, Chesebro writes, 鈥淎ssuming the electors pledged to Trump and Pence end up meeting at the Wisconsin Capitol on December 14, 2020, to cast their votes, and then send their votes to the President of the Senate in time to be opened on January 6, 2021, a court decision (or, perhaps, a state legislative determination) rendered after December 14, 2020, in favor of the Trump-Pence slate of electors should be considered timely.鈥
The memo describes January 6th as the ultimate date of significance and the 鈥渉ard deadline,鈥 and outlines the need for alternate slates of electors to meet on Dec. 14 and issue a certification for Trump. He writes that 鈥渁 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鈥 for the counting of electoral votes on Jan. 6 (emphasis added). Chesebro describes in detail the in Kennedy-Nixon, in which Democrats met to issue a during the state鈥檚 recount (which Kennedy ultimately won).
[Aside: See below also Chesebro memo to Troupis on Dec. 6, Chesebro memo to Troupis on Dec. 9; Chesebro memo to Giuliani on Dec. 13; Chesebro forwarding his Giuliani memo to Eastman on Jan. 2.]
The reported that Chesebro鈥檚 memos later formed part of the Trump lawyers鈥 efforts:
鈥淭he memos were initially meant to address Mr. Trump鈥檚 challenge to the outcome in Wisconsin, but they ultimately became part of a broader conversation by members of Mr. Trump鈥檚 legal team as the president looked toward Jan. 6 and began to exert pressure on Mr. Pence to hold up certification of the Electoral College count.鈥
鈥淭he language and suggestions in the memos from Mr. Chesebro to Mr. Troupis closely echo tactics and talking points that were eventually adopted by Mr. Trump鈥檚 top lawyers.鈥
10. Nov. 18, 2020: Chesebro asks Troupis if he should 鈥渇inalize memo [sic] on a real deadline,鈥 and said, 鈥淚 think we should be sure national lawyers are aware of these points.鈥 (: texts, p. 6)Troupis responds, 鈥淵es on memo. Make appropriate changes knowing that it goes to a wider audience.鈥 The November 17 draft memorandum is then apparently revised as a on November 18.
The same day, John Eastman emails Troupis asking to speak about 鈥渆xtremely important information鈥 that would assist the Trump Campaign鈥檚 efforts in Wisconsin. (: Eastman email to Troupis, Nov. 18) This appears to have been Troupis鈥檚 first contact with Eastman.
11. Nov. 19 鈥 Nov. 23, 2020: Chesebro again asks Troupis to send his memo to others in the Trump Campaign and continues to send messages about the possibility of invalidating Wisconsin鈥檚 electoral votes. (: texts, p. 17) For example, on Nov. 23, Chesebro tells Troupis that if the courts cannot fix alleged problems with the vote totals, 鈥渢he Legislature should decree that the voters of Wisconsin鈥ave FAILED TO MAKE A CHOICE鈥 and appoint electors themselves. (: Chesebro email to Troupis, Nov. 23).
12. Nov. 23, 2020: Sen. Mike Lee (R-UT) Meadows:
鈥淛辞丑苍&苍产蝉辫;Eastman has some really interesting research on this. The good news is that Eastman is proposing an approach that unlike what Sidney Powell has propose [sic] could be examined very quickly.鈥
Sen. Lee texts again:
鈥淏ut to do this, you鈥檇 have to act very soon. Some believe today might be the deadline for some of this in PA.鈥
13. Nov. 25, 2020: Troupis forwards a memo by Chesebro to Trump Campaign attorney Justin Clark and writes, 鈥淗ere is the memo we discussed about potentially moving the drop dead date back by several weeks in naming electors.鈥 (: Troupis email to Clark and Chesebro, Nov. 25) The document attached to the email is entitled, 鈥淓lectors Date of selection may be January not December.鈥 Troupis tells Clark to contact him or Chesebro with any follow-up questions. Clark responds to Troupis less than an hour later, thanking him for sending along the memo. (: Clark email to Troupis and Chesebro, Nov. 25). Later that day, Chesebro texts Troupis, 鈥淛im, unless you think it鈥檚 a waste of time, I plan to draft a memo, in simple question-and-answer format, arguing that the Trump campaign nationwide should push back on any idea that it needs to win in enough states by December 8 to have 270 electoral votes by then,鈥 and also states, 鈥淥nly plausible way to have time enough to win is to say Jan 6 is the deadline. Which is legit if the Trump electors cast all their votes on Dec 14, which they don鈥檛 need court or legislature authorization to do.鈥 (: texts, pp. 23-24).
14. End of Nov. and first week of Dec. 2020: 鈥Eastman sent memos to high-level White House staff explaining that the January 6 plan required legislators 鈥榯o determine the manner of choosing electors, even to the point of adopting a slate of electors themselves,鈥欌 according to Judge Carter鈥檚 June 2022 (emphasis added).
[See Eastman sent to White House on Nov. 28, 2020, entitled, 鈥淭he Constitutional Authority of State Legislatures to Choose Electors.鈥 This third memo has not received the same attention as Eastman鈥檚 other two subsequent memos.]
15. Dec. 6, 2020: Chesebro sends Troupis another , entitled, 鈥淚mportant That All Trump-Pence Electors Vote on December 14.鈥 Chesebro鈥檚 memo advises the Trump Campaign to 鈥渟eriously consider鈥 a 鈥渂old, controversial strategy鈥 wherein Trump-Pence electors would meet in six contested States, including Wisconsin, that would 鈥済uarantee that public attention would be riveted on evidence of electoral abuses by the Democrats, and would also buy the Trump Campaign more time to win litigation that would deprive Biden of electoral votes,鈥 regardless of whether the Trump Campaign had managed to obtain favorable court decisions by the December 14 meeting date.
The memo further states that this strategy requires that there must be, 鈥減ending, on January 6, in each of the six States, at least one lawsuit, in either federal or state court, which might plausibly, if allowed to proceed to completion, lead to either Trump winning the State or least Biden being denied the State.鈥 Finally, the Dec. 6 Memo states that Vice President Pence, under these conditions, could take 鈥渢he position that it is his constitutional power and duty, alone, as President of the Senate, to both open and count the votes.鈥 Chesebro adds, 鈥淚鈥檓 not necessarily advising this course of action.鈥
16. Dec. 6, 2020: Meadows (using his gmail account) emails Jason Miller, a senior aide on the Trump Campaign. The email includes a Chesebro memo (attachment 鈥2020-11-20 Chesebro memo on real deadline2.pdf鈥). Meadows tells Miller: 鈥淲e just need to have someone coordinating the electors for states.鈥
![](/wp-content/uploads/2024/05/051524-05-Politics.jpg)
17. Dec. 7, 2020: John Eastman forwards Chesebro鈥檚 7-page memo apparently for President Trump. In a June 2022 , judge Carter wrote:
鈥淭he previously disclosed documents indicate that Dr. Eastman and President Trump鈥檚 plan to disrupt the Joint Session was fully formed and actionable as early as December 7, 2020. On that day, Dr. Eastman forwarded a memo explaining why January 6 was the 鈥楬ard Deadline鈥 that was 鈥榗ritical to the result of this election鈥 for the Trump Campaign.鈥欌
In his cover note, Eastman , 鈥淗ere鈥檚 the memo we discussed.鈥
18. Dec. 7, 2020: Chesebro again urges Troupis to pass this latest memo along to the Trump Campaign, writing, 鈥淚 feel this memo 鈥 on why it鈥檚 important all electors vote in all 6 contested states on Dec. 14 鈥 should get to Justin Clark and others involved with national strategy ASAP. We鈥檙e only 7 days away now.鈥 Chesebro also offers to write an additional memo about how it might be 鈥減ossible to prevent Biden from being elected鈥 if 鈥渓itigation is pending鈥 in contested states on January 6, 2021. (: Chesebro email to Troupis, Dec. 7).
Troupis does as Chesebro asked. He responds to Chesebro later that day and says that he had 鈥渂ypassed鈥 Clark 鈥渁nd am tryouts no [sic] to get it circulated at the White House.鈥 Troupis also confirms, more intelligibly, via text message, and says, 鈥淚 have sent it to the White House this afternoon. The real decision makers.鈥 He adds, 鈥淚 also gave it to Reince [Priebus] so he might talk with the President.鈥 (: texts, p. 31).
Troupis also emails Trump Campaign advisor Boris Epshteyn and writes, 鈥淗ere are two memo鈥檚 [sic] I had prepared for me on appointing a second slate of electors in Wisconsin. The second slate just shows up at noon on Monday and votes and then transmits the results. It is up to Pence on Jan 6 to open them.鈥 He further wrote that, 鈥淥ur strategy, which we believe is replicable in all 6 contested states, is for the electors to meet and vote.鈥 He further explained that the scheme would help ensure that 鈥渢he election remains in doubt until January.鈥 He again offered up Chesebro鈥檚 services if Epshteyn wanted to take the strategy further. (: Troupis email to Chesebro et al., Dec. 9)
19. Dec. 8, 2020: Sen. Mike Lee (R-UT) with Meadows:
鈥淚f a very small handful of states were to have their legislatures appoint alternative slates of delegates, there could be a path.鈥
Meadows replies to Lee:
鈥淚 am working on that as of yesterday.鈥
20. Dec. 8, 2020: Meadows responds to a message about efforts to have Republican legislators send alternate slates of electors to Congress, by saying 鈥淲e are鈥鈥 and another such message by saying 鈥樷榊es. Have a team on it鈥 (House of Representatives ).
![](/wp-content/uploads/2024/05/051524-06-Politics.jpg)
*21. Between the end of Nov. and early to mid-Dec. 2020: The White House Counsel鈥檚 Office warns Meadows and Giuliani that the alternate electors鈥 plan is not legally sound. The participants in the conversations in which the White House Counsel make these statements also include 鈥Giuliani鈥檚 associates鈥 and at a later time Republican Members of the House. The White House Counsel attorneys include Pat Cipollone and potentially Patrick F. Philbin. (Mark Meadows aide, Cassidy Hutchinson, with the Select Committee).
![](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2022/07/word-image-81939-5.png?resize=636%2C808&ssl=1)
Nevertheless, Meadows becomes deeply involved with the development of the scheme. According to testimony provided to the Select Committee, he follows the progress of the scheme closely and has 鈥渄ozens鈥 of meetings or calls involving the false electors scheme. He also confirms in a text to a former state legislator that Trump electors were planning to cast their votes on December 14 (: pp. 345-46).
22. Dec. 8, 2020: Following a call, Chesebro writes to Troupis, 鈥淐ourt challenges pending on Jan. 6 really not necessary. 鈥 I think having the electors send in alternate slates of votes on Dec. 14 can pay huge dividends even if there is no litigation pending on Jan. 6, and based on final litigation in the States, Biden is still above 270 electoral votes (or, at minimum, is still ahead of Trump, with perhaps one of more States up in the air).鈥 (: Chesebro email to Troupis, Dec. 8)
In this email, Chesebro discusses 鈥渉aving the electors send in alternate slates of votes on December 14鈥 as a potential source of 鈥渓everage鈥 for the Trump Campaign, which 鈥渕ight be exerted in January to force serious review in Congress of election fraud in various states,鈥 鈥渆ven if there [was] no litigation pending鈥 at the time.
Troupis agrees with Chesebro鈥檚 analysis and directs him to work on implementing his plan, saying, 鈥淭his is an excellent summary of the end game.鈥 He also tells Chesebro that he had discussed this proposed plan with Senator Johnson, to which Chesebro replies, 鈥淕lad you followed up with Senator Johnson. The prospect of extending the fight into January is exciting!鈥
23. Dec. 8, 2020: Jack Wilenchik, an Arizona attorney working with the Trump Campaign, emails Epshteyn and summarizes communications with Chesebro about 鈥渇ake鈥 (his term) electoral votes, by saying, 鈥淢y comment to [Chesebro] was that I guess there鈥檚 no harm in it, (legally at least) 鈥 i.e. we would just be sending in 鈥榝ake鈥 electoral votes to Pence so that 鈥榮omeone鈥 in Congress can make an objection when they start counting votes, and start arguing that the 鈥榝ake鈥 votes should be counted.鈥 He also writes: 鈥淗is [Chesebro鈥檚] idea is basically that all of us ( GA, WI, AZ, PA, etc.) have our electors send in their votes (even though the votes aren鈥檛 legal under federal law 鈥 because they鈥檙e not signed by the Governor); so that members of Congress can fight about whether they should be counted on January 6th.鈥 (: pp. 23-24).
24. Dec. 9, 2020: Chesebro provides a to Troupis.
This memo outlines state and federal law that applies to the alternate slate of electors in six different states 鈥渋f the aim is to ensure that all 79 electoral votes are properly cast and transmitted鈥 for Trump, and it outlines a game plan for the national Trump Campaign.
Three notes:
Note 1. Chesebro states that the alternate slate should meet to cast their votes on Dec. 14 鈥渟o that the votes might be eligible to be counted if later recognized (by a court, the state legislature, or Congress) as the valid ones that actually count in the presidential election.鈥
In other words, Chesebro appears to consider Congress (or perhaps the President of the Senate VP Pence) can recognize the alternate slates even if courts and state legislatures do not.
Note 2. Chesebro relies on the 1960 Hawaii example but he does not state that the slate of electors for Kennedy were ultimately certified by the Governor before the congressional vote on January 6. Chesebro states:
Note 3. Chesebro warns that the laws of Georgia and Pennsylvania make the alternate electors plan 鈥渟omewhat dicey鈥 in those states, because the Governor鈥檚 approval is required for any substitution for an absent elector. He writes that it is accordingly, 鈥渋mperative鈥 to try to avoid any absences. He also warns that Nevada is 鈥渆xtremely problematic,鈥 because the law requires the Secretary of State鈥檚 presence for the electors鈥 vote to be valid.
In his email transmitting the memo to Troupis, Chesebro writes, 鈥渨hat we need now are accurate lists of the Trump-Pence electors in all six States. With that information, I can draft papers, similar to those we now have for Wisconsin, ready to be signed in the other 5 States (subject to careful review by key officials in those States).鈥 (: Troupis email to Chesebro, Dec. 9) Troupis replies with one word. 鈥淓xcellent.鈥
25. Dec. 9, 2020: On the same day, Epshtyen responds to Troupis鈥檚 forwarding of Chesebro鈥檚 legal memos, asking, on behalf of Giuliani, if Troupis can prepare 鈥渁 sample elector ballot for Wisconsin鈥 and, if yes, also for 鈥淧A, Georgia, Michigan, AZ, Nevada, and New Mexico.鈥 Troupis asks Chesebro if he is able to do this; Chesebro responds, 鈥淥h absolutely!鈥 (: Troupis email to Chesebro et al., Dec. 9)
26. Dec. 10, 2020: Troupis connects Chesebro to Epshteyn and Clark and directs Chesebro to coordinate his efforts with them, writing, 鈥淧lease talk directly with Boris and others on the Electors 鈥 I would suggest Boris/Justin Clark set a conference call among the lawyers/others who will handle their respective States where you can walk them through what they must do. There is not time for multiple calls.鈥 (: Troupis email to Chesebro, Epshteyn, and Clark, Dec. 10). Chesebro follows up and offers to prepare certificates for electors in the other contested states. (: Chesebro email to Epshteyn and Clark, Dec. 10)
Note 1: Justin Clark testified that he became aware of Chesebro鈥檚 work because of Troupis. (: pp. 113-114). He also said that, by December 14, he was convinced that this plan was not 鈥渓egal,鈥 鈥渁ppropriate,鈥 or 鈥渢he right thing to do.鈥 (Id. at 116). [But see Note 2 under entry for Dec. 11, 2020, for evidence that Trump Campaign lawyers remained involved in the scheme.]
27. December 10, 2020: Troupis forwards draft elector certificates prepared for Wisconsin by Wisconsin Republican Party officials to Chesebro and asks him to 鈥減lease review.鈥 (: Troupis email to Chesebro, Dec. 10). Chesebro edits these certificates and sends them back to Troupis and notes, 鈥淚 plan to adapt it for the other states.鈥 These drafts describe the Trump electors as 鈥渂eing the duly elected and qualified Electors,鈥 without any qualifying language. (: Chesebro email to Troupis and Schimming, Dec. 10).
That evening, Chesebro also speaks with Giuliani, whom he says was 鈥渇ocused on doing everything possible to ensure that all the Trump-Pence electors vote on Dec. 14.鈥 Chesebro also emails Troupis: 鈥淛ust wanted you to know that the national people are totally on board with your push for the electors to vote!!鈥 (: Chesebro email to Troupis, Dec. 10).
At the same time, Chesebro reaches out to Republican officials and elector candidates in five other contested states: , , , , . Over the next several days, Chesebro communicates with contacts in these states to set up false elector votes on December 14. His letters include similar statements to the effect of 鈥淪everal people with the Trump campaign, including Justin Clark and Nick Trainer, supplied your contact info and asked me to help coordinate with the other 5 contested States.鈥
28. UNDATED: 鈥淎t the president鈥檚 direct request, the RNC assisted the campaign in coordinating this effort.鈥 the House Select Committee counsel stated in reference to an [undated] phone call with Trump, Eastman, and Ronna Romney McDaniel, chairwoman of the Republican National Committee. McDanied testified that on a call with Trump and Eastman, Trump turned the call over to Eastman who 鈥渢alk[ed] about the importance of the RNC helping the campaign gather these contingent electors in case any of the legal challenges that were ongoing changed the result of any of the dates.鈥 She said she understood 鈥渢he campaign did take the lead and we just were helping them in that role鈥 (Transcript of Day 4, January 6 Committee Hearings; pp. 12-13).
![](/wp-content/uploads/2024/05/051524-09-Politics.jpg)
29. Dec. 11, 2020: According to testimony before the House Select Committee, the Trump Campaign legal team* tries to step away from the effort to ensure that the false electors cast their votes. Nevertheless, the scheme continued under Giuliani鈥檚 direction, with Chesebro as his designated point person. According to Campaign official Josh Findlay, Trump makes clear that 鈥淩udy was in charge of this and Rudy was executing what he wanted,鈥 with Chesebro鈥檚 memos being 鈥渢he justification for why Rudy and Ken were going to keep going forward with this stuff.鈥 (: pp. 349-350).
As they took full control of this effort, Chesebro suggests to Jack Wilenchik that he file a petition for certiorari in the Supreme Court to review Trump鈥檚 loss in Arizona, which the Department of Justice calls a 鈥pretext to claim that litigation was pending in the state, to provide cover鈥 for the meeting of the fraudulent electors there. (: p. 24).
Wilenchik himself appeared to agree with this assessment, saying, 鈥淎lso just FYI 鈥 I recall now that there was a rush to file our petition in order to give legal 鈥榗over鈥 for electors in AZ to 鈥榲ote鈥 on the 14th . . .鈥 (: p. 26).
Note 1. The Department of Justice has also called the Trump Campaign鈥檚 litigation in New Mexico, filed just minutes before the Dec. 14th deadline, a 鈥减谤别迟别虫迟.鈥 (: pp. 25-26).
Note 2. Despite this testimony, there is to suggest that Trump Campaign officials, like Matt Morgan and Mike Roman, remained involved in the false electors scheme until the eve of January 6, coordinating with Chesebro and others to ensure that the false votes could be delivered. (e.g., : Chesebro email to Roman and Morgan, Jan. 4).
30. By Dec. 11, 2020: An admission of involvement in a footnote in Trump鈥檚 court an emergency petition in Wisconsin.
![](/wp-content/uploads/2024/05/051524-10-Politics.jpg)
![](/wp-content/uploads/2024/05/051524-11-Politics.jpg)
Two notes:
Note 1. The petition describes the electors certifications as based on the contingency of a 鈥渓ater determination鈥 that they are the duly appointed electors for their state. However, the Trump campaign pressured (unsuccessfully) the Pennsylvania false electors to drop any reference to such a caveat in their certification document (see below).
Note 2. In reference to a 鈥渓ater determination,鈥 the petition does not say determined by whom. It leaves open that the determination will be made by state legislatures or Congress/the President of the Senate VP Pence, which would accord with the Chesebro and Eastman memos.
31. Dec. 13, 2020: Chesebro sends an to Giuiliani which he states was requested by someone [whose name is redacted in court records] on Giuliani鈥檚 behalf.
The memo outlines Chesebro鈥檚 arguments for why Pence as the President of the Senate could claim the authority to count the electoral votes 鈥渋ncluding making judgments about what to do if there are conflicting votes.鈥
He provides a 鈥渃hronology of how things could play out, if there鈥檚 a serious effort to employ the argument鈥 that the President of the Senate has this power. His chronology includes the President of the Senate 鈥渙pens the two envelopes from Arizona, and announces that he cannot and will not, at least as of that date, count any electoral votes from Arizona because there are two slates of votes, and it is clear that the Arizona courts did not give a full and fair opportunity for review of election irregularities, in violation of due process.鈥
In a breathtaking passages that lack any foundation, Chesebro writes, 鈥溾淯nless by then the Supreme Court has taken the case and rejected it on the merits, the President of the Senate can make his own judgment that the Arizona proceedings violated due process, so he won鈥檛 count the votes in Biden鈥檚 column.鈥
[Chesebro will later forward this email to Eastman on Jan. 2.]
That same day, Chesebro also sends an email to Mike Roman, a senior staffer for the Trump Campaign, attaching draft certificates for the Trump electors in New Mexico and says that he had 鈥渁dded the new qualifying language at the start of the certificate [sic]. Might be good to have it added in all states.鈥 (: Chesebro email to Roman and Findlay, Dec. 13)
The suggested change indicated that the Trump-Pence electors were casting their votes 鈥渙n the understanding that it might be later determined that we are the duly elected and qualified electors.鈥 (: Chesebro email to Roman and Findlay, Dec. 12).
32. First two weeks of Dec. 2020: 鈥淓astman reached out to sympathetic state legislators in Pennsylvania, Georgia, and Arizona, urging them to decertify Biden electors and certify alternate Trump electors,鈥 Judge Carter wrote in a March 28, 2022 .
![](/wp-content/uploads/2024/05/051524-12-Politics.jpg)
33. First two weeks of Dec. 2020: Giuliani and Trump Campaign officials are directly involved in orchestrating the plan across states, according to media reports.
report:
鈥淭rump campaign officials, led by Rudy Giuliani, oversaw efforts in December 2020 to put forward illegitimate electors from seven states that Trump lost, according to three sources with direct knowledge of the scheme.
The sources said members of former President Donald Trump鈥檚 campaign team were far more involved than previously known in the plan, a core tenet of the broader plot to overturn President Joe Biden鈥檚 victory when Congress counted the electoral votes on January 6.
Giuliani and his allies coordinated the nuts-and-bolts of the process on a state-by-state level, the sources told CNN. One source said there were multiple planning calls between Trump campaign officials and GOP state operatives, and that Giuliani participated in at least one call. The source also said the Trump campaign lined up supporters to fill elector slots, secured meeting rooms in statehouses for the fake electors to meet on December 14, 2020, and circulated drafts of fake certificates that were ultimately sent to the National Archives.鈥
In addition: 鈥淚t was Rudy and these misfit characters who started calling the shots,鈥 a former Trump campaign staffer told CNN.
In addition: 鈥淏oth [fake electors] Maddock from Michigan and DeMarco from Pennsylvania have said they were in direct contact with members of the Trump campaign.鈥
Note 1: On December 10, Chesebro contacts a Trump-Pence elector in Michigan to tell her about the alternate elector plan and offers his help with 鈥渓ogistics of the electors 鈥 hopefully joining in casting their votes on Monday.鈥 He later sends his Nov. 18 and Dec. 9 memos, along with draft certificates. (: Chesebro email to Sheridan, Dec. 10)
report:
鈥淭he Trump electors gathered in plain sight, assisted by campaign officials and Trump attorney Rudolph W. Giuliani, who said publicly that the rival slates were necessary and appropriate. Internally, Giuliani oversaw the effort, according to former campaign officials and party leaders.鈥
鈥淭丑别&苍产蝉辫;campaign scrambled to help electors gain access to Capitol buildings, as is required in some states, and to distribute draft language for the certificates that would later be submitted to Congress, according to the former campaign officials and party leaders.
The campaign also worked to find replacements for the electors who were unable to participate, or unwilling.鈥
34. UNDATED: A false elector from Michigan implicates the Trump Campaign. Meshawn Maddock, co-chair of the Michigan Republican Party, says in : 鈥淲e fought to seat the electors. Um, the Trump campaign asked us to do that 鈥 under a lot of scrutiny for that today.鈥
![](/wp-content/uploads/2024/05/051524-14-Politics.jpg)
35. Dec 13, 2020: Trump Campaign election operations director for Georgia, Robert Sinners sends an email instructing Republicans planning to cast electoral college votes for Trump in Georgia to operate in 鈥渃omplete secrecy.鈥 鈥淵our duties are imperative to ensure the end result 鈥 a win in Georgia for President Trump 鈥 but will be hampered unless we have complete secrecy and discretion,鈥 Sinners writes. According to the : Sinners鈥 鈥渆mail went on to instruct the electors to tell security guards at the building that they had an appointment with one of two state senators. 鈥楶lease, at no point should you mention anything to do with Presidential Electors or speak to the media,鈥 Sinners continued in bold.鈥
鈥淚n a statement, Sinners said he was working at the direction of senior campaign officials and Georgia Republican Party Chairman David Shafer, who served as a Trump elector in the state,鈥 the Post said.
36. Runup to Dec. 14, 2020: Trump Campaign officials get into a dispute with some of the potential electors over whether the certificates should include caveats, with Trump Campaign officials pressing the false electors not to include any caveats about whether they will be duly authorized only upon a future determination.
: 鈥淥ne of the pro-Trump electors from Pennsylvania, Sam DeMarco, told CNN there was a last-minute dispute, where the state鈥檚 GOP electors pushed Trump campaign officials to add legal caveats to the fake certificate to say they were only electors-in-waiting, if Trump鈥檚 legal challenges prevailed.鈥
also reports:
鈥淒emarco, who was one of the state鈥檚 pro-Trump electors, and is the chairman of the Allegheny County Republican Committee, told CNN he and other alternate electors signed the certificate at the Trump campaign鈥檚 request but first demanded the language be changed to make clear it was not intended to contest the will of voters in that state who voted for Biden.
The hedging language was included at the last moment as the Trump campaign had concerns, and questioned whether the change was appropriate in the immediate lead-up to December 14, according to a Trump campaign staffer with knowledge of the matter.
Ultimately the Trump campaign acquiesced. But the internal debate shows that even some of Trump鈥檚 strongest allies were concerned about the attempts to overturn the 2020 election.鈥
Lancaster News also on the dispute and that 鈥Trump campaign lawyer James Fitzpatrick, of Philadelphia, pitched the declaration to electors as a way of preserving Trump鈥檚 legal rights should his election challenges prevail, DeMarco said.鈥
Note 1: Republican officials in Pennsylvania also push Chesebro to add contingency language to the certificate for their state, and say that they want to support President Trump in 鈥渁ny lawful way.鈥 (: Chesebro email to Morgan, Dec. 12)
Note 2: There are also similar concerns in Arizona. According to Chesebro, two electors were 鈥渃oncerned it could appear treasonous for the AZ electors to vote on Monday if there is no pending court proceeding that might, eventually, lead to the electors being ratified as the legitimate ones.鈥 (: Chesebro email to Wilenchek, Giuliani, and Findlay, Dec. 11)
Note 3: In text messages with Chesebro, Roman resists the idea that qualifying language should be added to more states, saying 鈥渇uck these guys,鈥 after a call regarding the Pennsylvania electors. (: Chesebro texts with Roman, at p. 2) According to the federal indictment against Trump, Chesebro was also by a Trump Campaign official not to add qualifying language to other draft electoral certificates because of a fear that it would 鈥渟nowball.鈥
Note 4: This qualifying language was not included in the draft certificates sent by Chesebro to Troupis on December 10.
37. Prior to Dec. 14, 2020: A for Chesebro issued by the Fulton County grand jury alleged that Chesebro 鈥渨orked with the leadership of Georgia Republican Party, including Chairman David Shafer,鈥 鈥渄rafted at least two memoranda in support of this plan, which were provided to the Georgia Republican Party,鈥 鈥減rovided template Microsoft Word documents鈥 to be used by the party during the planned Dec. 14 alternate certification; and 鈥渨orked directly鈥 with Giuliani in coordinating and executing the plan. (See also Acts 47-52, 58-61, 64, 69-72 of Fulton County Georgia .)
Note 1: Emails from Chesebro show that he sent along his memos and draft elector certificates for use in Georgia. (: Chesebro email to Shafer et al., Dec. 10)
![](/wp-content/uploads/2024/05/051524-15-Politics.jpg)
38. Prior to Dec. 14, 2020: As the campaign鈥檚 litigation losses mounted, three of its lawyers, Justin Clark, Matt Morgan and Josh Findlay, claimed to have withdrawn or decided not to participate in the alternate electors scheme (Transcript of Day 4, January 6 Committee Hearings).
![](/wp-content/uploads/2024/05/051524-16-Politics.jpg)
39. Prior to Dec. 14, 2020: The decision of Trump campaign lawyers not to participate is not revealed to state officials and other campaign staff. The former Wisconsin Republican Party chair testified that he was told the alternate electors鈥 votes would 鈥渙nly count if a court ruled in our favor,鈥 and he testified otherwise he and others would not have participated if they knew the Trump team would be 鈥渦sing our electors in ways that we weren鈥檛 told about.鈥 (: pp. 50-1).
![](/wp-content/uploads/2024/05/051524-17-Politics.jpg)
[But see Note 2 under entry for Dec. 11, 2020, for evidence that Trump Campaign lawyers remained involved in the scheme.]
40. Prior to Dec. 14, 2020: The January 6 Committee reviewed documents 鈥渋ndicat[ing] that instructions were given to the electors in several states that they needed to cast their ballots in complete secrecy,鈥 and 鈥淸o]ne group of fake electors even considered hiding overnight to ensure that they could access the state capitol as required in Michigan.鈥 In one state, 鈥渢he fake electors even asked for a promise that the campaign would pay their legal fees if they got sued or charged with a crime.鈥 ( of Day 4, January 6 Committee Hearings).
![](/wp-content/uploads/2024/05/051524-18-Politics.jpg)
41. Dec. 13, 2020: The Trump Campaign prepared a statement that declared that 鈥渢he only prudent course was to have the President鈥檚 electors vote in these places.鈥 Texting about the draft release, Justin Clark said, 鈥淣ow, I am not sure what Rudy is telling the president on this stuff so I鈥檓 not sure what his expectations are 鈥 Here鈥檚 the thing[,] the way this has morphed it鈥檚 a crazy play so I don鈥檛 know who wants to put their name on it.鈥 In the same text thread, White House lawyer Eric Herschmann responded, 鈥渃ertifying illegal votes.鈥 Trump Campaign spokesman Tim Murtagh, who had drafted the release, eventually said he was 鈥渘ot comfortable putting the statement out 鈥 I can鈥檛 stand by it. From the looks of it, neither can any of you.鈥 Clark and Herschmann agreed, with Clark saying that 鈥淩udy, Boris and Jenna鈥 should put their names on the release instead. (, p. 43-44)
42. Dec. 14, 2020: The false Trump electors meet in seven states to issue their , which are later published by American Oversight as a result of a FOIA request to the National Archives.
In five of the states, the documents declare that the signatories are the 鈥渄uly elected and qualified Electors鈥 of their state (Arizona, Georgia, Michigan, Nevada, and Wisconsin)
The two other states include a caveat.
The New Mexico caveat states:
鈥淲E, THE UNDERSIGNED, on the understanding that it might later be determined that we are the duly elected and qualified Electors鈥
The Pennsylvania caveat states:
鈥淲E, THE UNDERSIGNED, on the understanding that if, as a result of a final non-appealable Court Order or other proceeding prescribed by law, we are ultimately recognized as being the duly elected and qualified Electors鈥
43. Dec. 14, 2020: The Pennsylvania Republican Party issues a which states in its opening two lines:
鈥At the request of the Trump campaign, the Republican presidential electors met today in Harrisburg to cast a conditional vote for Donald Trump and Mike Pence for President and Vice President respectively.
鈥榃e took this procedural vote to preserve any legal claims that may be presented going forward,鈥 said Bernie Comfort, Pennsylvania Chair of the Trump campaign. 鈥楾his was in no way an effort to usurp or contest the will of Pennsylvania voters.鈥欌 (emphasis added)
44. Dec. 14, 2020: Troupis and Chesebro had also coordinated on a draft statement they planned to release on December 14, following the meeting of electors in Wisconsin, in which Troupis would have said, 鈥淚 have advised the Republican Party of Wisconsin to convene a separate Republican electors鈥 meeting and have the Trump-Pence electors cast their votes at the Wisconsin State Capitol on December 14.鈥 (: Troupis draft statement)
However, the statement never went out due to instructions from the Trump Campaign; on the morning of Dec. 14, Chesebro forwards an email to Troupis from Trump Campaign officials discussing how 鈥淒JT staff in state were instructed not to do any media advisory or post-event press release.鈥 In forwarding the email, Chesebro writes, 鈥淔YI 鈥 no press comments.鈥 (: Chesebro email to Troupis and Schimming, Dec. 14)
45. Dec. 14, 2020: Stephen Miller, a Trump Campaign official : 鈥淎s we speak today an alternate slate of electors in the contested states is going to vote and we are going to send those results up to Congress. This will ensure that all of our legal remedies remain open.鈥 That means that if we win these cases in the courts, then we can direct that the alternate slate of electors be certified.鈥
46. Dec. 14, 2020: Chesebro attends the meeting of the false electors in Wisconsin. During the meeting, he sends multiple texts to Troupis keeping him apprised of the events at meeting, which occurred at the State Capitol, including saying, 鈥淲I meeting of the *real* electors is a go!!!鈥 and sending a picture of the meeting itself. Troupis responds to the picture with a thumbs-up emoji. (: texts, pp. 40-42).
47. Dec. 14, 2020: Giuliani admits role on Steve Bannon show but says it is designed for the contingency 鈥渋f any of the campaign鈥檚 remaining challenges succeeded鈥:
:
Stephen K. Bannon quizzed Giuliani that same day on his podcast, referring to the effort as 鈥渟omething Rudy and the team have worked on.鈥 Bannon asked: 鈥淲hy are you sending electors? 鈥 Why is the Trump campaign sending its own slate of electors to these state capitals?鈥
Giuliani said that based on his team鈥檚 legal research and 鈥渁dvice we鈥榲e gotten from a number of professors,鈥 they decided to act 鈥渙ut of an excess of caution鈥 to preserve the chance for the votes to be counted for Trump if any of the campaign鈥檚 remaining challenges succeeded.
48. Dec. 14-15, 2020:
Senior Trump Administration officials urge an end to election challenges. Secretary of Labor Gene Scalia that he told Trump in mid-December, when the electors had voted, the legal processes were exhausted and it was time to 鈥渃oncede the outcome.鈥
White House Deputy Press Secretary Judd Deere, , 鈥淚 told him that my personal viewpoint was that the Electoral College had met, which is the system that our country is set under to elect a President and Vice President. And I believed at that point that the means for him to pursue litigation was probably closed.鈥 Trump鈥檚 response? 鈥淗e disagreed,鈥 Deere said.
Attorney General Bill Barr that 鈥淒ecember 14th was the day that the states certified their votes and sent them to Congress. And in my view, that was the end of the matter.鈥
White House Counsel Pat Cipollone that Trump should have conceded the election by the time Sen. Mitch McConnell confirmed the election was over on December 15, 2020. 鈥淚 believe he should concede the election at a point in time? Yes, I did. I believe Leader McConnell went on to the floor of the Senate, I believe in late December, and basically said, you know, the process is done. You know, that would be in line with my thinking on these things,鈥 Cipollone testified ( of Day 7, January 6 Committee Hearings).
49. Republicans who refused to participate in the false elector plan spoke to the Washington Post stating their reasons for their decision (in an article published in January 2022).
:
Among the electors who declined to participate was Pennsylvania GOP Chairman Lawrence Tabas, an election-law expert who had defended Trump in 2016 against a recount push by Green Party candidate Jill Stein.
鈥淲hile Lawrence was originally selected to be an elector by the Trump campaign, he did not serve as an elector because Joe Biden won the election and it was Biden鈥檚 electors that were certified,鈥 Vonne Andring, a senior adviser to the state party, said in a statement to The Post.
Andring also said that it was the presidential campaign that drove the process. The party, she said, 鈥渄id not select electors, nor did it coordinate elector events and communications.鈥
:
In Georgia, John Isakson, an original Trump elector, told The Post that he bowed out because he did not want to attend what he had perceived as a 鈥減olitical rally.鈥 鈥
鈥 鈥淲e have a process for certifying the election. We have a process for challenging the election. The challenges failed, so I wouldn鈥檛 have participated in something that was going against all of that.鈥
:
Former congressman Tom Marino of Pennsylvania, another original Trump elector, had been among the first members of Congress to back Trump鈥檚 presidential bid in 2016. But he, too, balked at casting an electoral vote for Trump in a state where Biden was the certified winner. Earlier in December, then-Attorney General William P. Barr said he had not seen widespread fraud that could have upended the election.
鈥淚 was disappointed in the election,鈥 Marino said in an interview, 鈥渂ut as a former prosecutor, when the attorney general says he鈥檚 not finding anything here, that鈥檚 good enough for me.鈥
Marino, who retired in 2019, added: 鈥淚鈥檓 a constitutionalist and have always been a constitutionalist. 鈥 I believe in the rule of law and whatever the courts determined. I鈥檓 not going to jump on a bandwagon to say that I know better than the courts.鈥
50. Dec. 15, 2020: Chesebro provides the false electors in Wisconsin emailed instructions on how to transmit their votes. (: Chesebro email to Hitt, Jefferson, and Terrill, Dec. 15).
51. Dec. 16, 2020: Sen. Mike Lee (R-UT) Meadows four messages in a row:
鈥淚 have grave concerns with the way my friend Ted is going about this effort.鈥
鈥淭his will not inure to the benefit of the president.鈥
鈥淓verything changes, of course, if the swing states submit competing slates of electors pursuant to state law.鈥
鈥淏ut if not, this could help people like Ted and Josh to the detriment of DJT.鈥
Later Sen. Lee texts:
鈥淚 don鈥檛 think the president is grasping the distinction between what we can do and what he would like us to do. Nor do I think he鈥檚 grasping the distinction between what certain members are saying that sound like they could help him, but would really hurt him. He鈥檚 got a very real opportunity for a win in 2024. That opportunity could be harmed in multiple ways this effort.鈥
鈥淎gain, all of this could change if the states in question certified Trump electors pursuant to state law. But in the absence of that, this effort is destined not only to fail, but to hurt DJT in the process.鈥
And later:
鈥淚 don鈥檛 purport to know who fits into which category. I know only that this will end badly for the president unless we have the Constitution on our side. And unless these states submit new slates of Trump electors pursuant to state law, we do not.鈥
鈥淲e should chat then. I鈥檇 love to be proven wrong about my concerns. But I really think this could all backfire badly unless we have legislatures submitting trump slates (based on a conclusion that this was the proper result under state law). Even setting aside constitutional concerns, this will be harmful to the president if we don鈥檛 channel this effort properly. We simply have no authority to reject a state鈥檚 certified electoral votes in the absence of a dueling slates, with the Trump slate coming from a state legislative determination.鈥
52. Dec. 16, 2020: Troupis and Chesebro with Trump in the Oval Office. During this meeting, according to Chesebro, Troupis told Trump that there was 鈥渮ero hope鈥 for winning Wisconsin. In Chesebro鈥檚&苍产蝉辫;, Trump asks him 鈥渇our or five questions鈥 during this meeting, and Chesebro summarizes his Nov. 18 memo where he identified January 6 as the 鈥渞eal deadline鈥 for determining Wisconsin鈥檚 electoral votes.
N.B. As of the meeting suggests, 鈥渋t is difficult to imagine [Chesebro] briefed candidate Trump only on the outmoded plan鈥 in the Nov. 18 memo, since the electors had already met and cast their fraudulent slates two days prior.
Following the meeting, Chesebro and Troupis travel back to Wisconsin together. (: texts, p. 44).
53. Dec. 17, 2020: Former White House Press Secretary Kayleigh McEnany on Fox News that there is an 鈥alternate slate of electors voted upon that Congress will decide in January鈥 in multiple states.
54. Dec. 18, 2020: Troupis asks Chesebro to keep the contents of their meeting a secret, saying, 鈥淛ust a reminder: Reince [Priebus] was very explicit in his admonition that nothing about our meeting with the President can be shared with anyone. The political cross-currents are deep and fast and neither you or I have any ability to swim through.鈥 (: Chesebro email to Troupis, Dec. 18).
55. Dec. 19, 2020: Troupis texts Chesebro about President Trump鈥檚 first for protests in D.C. on January 6, saying, 鈥淲ow. Based on 3 days ago, I think we have a unique understanding of this.鈥 (: texts, p. 45)
![](/wp-content/uploads/2024/05/051524-19-Politics.jpg)
56. Dec. 19, 2020: Eastman someone with whom he had exchanged multiple emails following the election. Eastman writes: 鈥淎s for the Legislatures鈥搉ot a one has acted. Electors did in 7 states, but unless those electors get a certification from their State Legislators, they will be dead on arrival in Congress.鈥
![](/wp-content/uploads/2024/05/051524-20-Politics.jpg)
57. Dec. 21, 2020: Troupis is connected with Eastman and was told that the Trump Campaign 鈥渨ants us to work together with professor eastman [sic] to file an Article II cert petition from Wisconsin to scotus [sic], thanks.鈥 Troupis responds by looping in Chesebro. (: Troupis email to Eastman, Chesebro, et al., Dec. 22)
58. On and around Dec. 22, 2020: Eastman and other attorneys discuss avoiding the courts due to the likelihood they will lose. Judge Carter鈥檚 June 2022 states:
鈥淚n these emails, Dr. Eastman and his colleagues discuss how to frame their legal filings in light of what they considered a near-zero chance of success in the D.C. courts.
鈥
In the fifth email, dated December 22, 2020, an attorney 鈥 considers whether to bring a case that would decide the interpretation of the Electoral Count Act and potentially risk a court finding that the Act binds Vice President Pence. Because the attorney concluded that a negative court ruling would 鈥榯ank the January 6 strategy,鈥 he encouraged the legal team to avoid the courts.鈥
59. Dec. 23, 2020: Eastman writes in an to Trump campaign staffer Epshteyn that even though the false electors had not been approved by state authority, 鈥淸t]he fact that we have multiple slates of electors demonstrate[sic] the uncertainty of either. That should be enough.鈥 He says that it would be better for Congress to 鈥渏ust act boldly and be challenged.鈥 (: Eastman email to Chesebro and Troupis, Dec. Dec. 23)
To that end, Eastman also attaches a entitled 鈥淛anuary 6 scenario鈥 to Trump Campaign officials, which lays out a scenario in which Vice President Pence uses the fact that seven states have competing slates of electors as a reason not to count electors from those states, thereby declaring Trump the Electoral College victor. (: Eastman email to Epshteyn and Chesebro, Dec. 23). Chesebro helped edit this memo, and was copied on the email which attached it. Eastman鈥檚 cover note says, 鈥淚鈥檓 fine with all of Ken鈥檚 edits. 鈥 Here鈥檚 the final.鈥 (: Eastman email to Epshteyn and Chesebro, Dec. 23).
60. Dec. 24, 2020: In an email exchange with Eastman, Troupis, and others regarding the possibility of appealing the Trump Campaign鈥檚 failed challenge to Wisconsin鈥檚 election to the Supreme Court, Chesebro writes, 鈥淚 think the odds of action before Jan. 6 will become more favorable if the Justices start to fear that there will be 鈥榳ild鈥 chaos on Jan. 6 unless they rule by then, either way.鈥 (: Chesebro email to Eastman, Troupis, et al., Dec. 24).
61. Dec. 27, 2020 鈥 Jan. 2021: Troupis asks Chesebro to work on a 鈥渟tep by step, easy to understand, non-lawyerly process for the Senators/Congressmen and VP to follow on the 6th.鈥 Chesebro follows up a few days later, emailing Troupis and Ephsteyn potential strategies for a filibuster in the Senate during the January 6 Joint Session. (: Chesebro email to Troupis and Epshteyn, Dec. 30).
Troupis continues to solicit Chesebro鈥檚 advice about what might happen on January 6, and Chesebro sends him messages responding to his questions. (: texts, pp. 61-77).
62. Dec. 27 鈥 Dec. 29, 2020: Chesebro exchanges with the founder of far-right conspiracy newsite, Gateway Pundit, and presses for more public pressure on Pence. 鈥淚t would help to publicize that if Pence claims the power to resolve disputes about the electoral votes on Jan. 6, he鈥檇 simply be doing what [Thomas] Jefferson did,鈥 he writes. Two days later, Chesebro mentions that he had reserved a block of rooms at the Trump International Hotel for Jan. 6.
63. Dec. 28, 2020: Jeffrey Clark鈥檚&苍产蝉辫; relies on the existence of false alternate electors in an effort to overturn the results in Georgia and elsewhere.
Clark writes, 鈥淭he Department believes that in Georgia and several other States, both a slate of electors supporting Joseph R. Biden, Jr, and a separate slate of electors supporting Donald J. Trump, gathered on that day at the proper location to cast their ballots, and that both sets of those ballots have been transmitted to Washington DC to be opened by Vice President Pence.鈥
![](/wp-content/uploads/2024/05/051524-21-Politics.jpg)
As the Washington Post the draft letter, 鈥淐lark falsely implied that the Justice Department believed the Trump electors were valid rivals to those put forward by Georgia and other states for Biden.鈥
White House Counsel Pat Cipollone told Trump and Clark in a White House meeting with other senior DOJ officials, 鈥淭hat letter is a murder-suicide pact. And it will damage anyone and anything that it touches鈥 (former Acting Deputy Attorney General Richard Donoghue, transcribed with Senate Judiciary Committee).
64. Dec. 29, 2020: White House Special Assistant and Oval Office Coordinator emails a draft Supreme Court brief to Justice Department senior officials which would have the United States petition the Supreme Court to contest the election results. The Justice Department rebuffs the idea. As Steven Engel, who was head of the Justice Department鈥檚 Office Legal Counsel, before the Select Committee:
鈥淭he lawsuit would have been untimely. The states had chosen their electors. The electors had been certified. They鈥檇 cast their votes. They鈥檇 been sent to Washington, DC. Neither Georgia nor any of the other states on December 28th, or whenever this was, was in a position to change those votes. The 鈥 essentially the election had happened. The only thing that hadn鈥檛 happened was the formal counting of the votes.
And so obviously, you know, the person who drafted this lawsuit didn鈥檛 really understand in my view, you know, the law and or how the Supreme Court works.鈥
Note 1: Meanwhile, Trump Campaign officials continue to consult with Troupis and Chesebro regarding the drafting of a cert petition. (: Troupis email to Clark, Morgan, and Bock, Dec. 26).
65. Dec. 31, 2020 鈥 Jan. 3, 2021: Trump and Clark try to pressure acting Attorney General Rosen to sign and send the Proof of Concept letter. These bullet points are from a previous Just Security :
- Dec. 31, 2020 or Jan. 1, 2021: Clark tells Rosen that Trump wants an answer from Clark by Monday (Jan. 4, 2021) about whether Clark is willing to be considered to replace Rosen as Acting Attorney General. Clark expresses that he is not satisfied with Donoghue and Rosen鈥檚 position on his letter to the Georgia legislature, and Clark says that he will decline the position of Acting Attorney General if Rosen follows Clark鈥檚 suggestions. Rosen again refuses to send Clark鈥檚 letter to the Georgia legislature (Rosen testimony, pp. 141, 144-46).
- Jan. 3, 2021: Clark tells Rosen that Trump has offered Clark the position of Acting Attorney General and that Clark has accepted. Clark says that the schedule has moved up, and he will replace Rosen this same day (Rosen testimony, pp. 158-59).
- Jan. 3, 2021: At a White House meeting between Trump, senior DOJ officials, and senior White House officials, Trump considers installing Clark as Acting Attorney General and sending Clark鈥檚 proposed letter. Donoghue and head of the Office of Legal Counsel Steve Engel tell Trump that all of the Assistant Attorneys General will resign if Trump replaces Rosen with Clark, and they warn that other DOJ officials may also resign 鈥渆n masse.鈥 Trump entertains the idea for most of the duration of the two to three hour meeting, but ultimately decides against installing Clark.
In their Senate Judiciary Committee transcribed interviews, 鈥淩osen and Donoghue told us that by this point, Clark鈥檚 proposed letter and his potential role as Acting Attorney General were intertwined鈥 (Senate Judiciary Committee , citing , p. 152; , p. 49).
66. Dec. 31, 2020: Jenna Ellis, a member of Giuliani鈥檚 legal team, writes a addressed to President Trump. It states that Pence should not accept votes in which 鈥渟ix states currently have electoral delegates in dispute,鈥 on the ground that Pence cannot exercise his 鈥渞esponsibility [to open all electoral votes from the electors chosen in the manner prescribed by the state legislatures] if he does not know which ones were so chosen.鈥 She writes that Pence should ask those legislatures to meet and inform him which to count, and if they do not do so in time, their state electors will not be counted (see also reporting).
67. Jan. 1, 2021: Chesebro sends an email to Eastman and Epshteyn with the subject, 鈥淔ilibuster talking points,鈥 in which he advocates a strategy where Republican Senators could launch a filibuster during debates of contested states鈥 electoral votes, facilitated by Vice President Pence. Chesebro鈥檚 email offers examples of how Republicans in Congress could undermine the Electoral Count Act and 鈥渃reate delay and pressure for further action.鈥 (: Chesebro email to Eastman and Epshteyn, Jan. 1)
In another email that day to Troupis, Eastman, and others, Chesebro says, 鈥淚鈥檝e always assumed the only way the Court will act on one or more states is if during the count it is made clear 鈥 by Pence, and/or a filibuster in the Senate that can鈥檛 be broken 鈥 that Congress will be unable to act unless either the Court of the state legislature addresses claim re the state.鈥 (: Chesebro email to Troupis, Eastman, et al., Jan. 1)
68. Jan. 2, 2021: Trump, Giuliani, and Eastman鈥檚 conference call with 300 state legislators. From Barbara McQuade鈥檚 Just Security :
Later on Jan. 2, 2021, Trump and attorneys Rudolph Giuliani and John Eastman conducted a Zoom conference call with 300 legislators from swing states won by Biden. According to Michigan State Sen. Ed McBroom (R), who participated in the call, the Trump team urged the legislators to overturn the choice of voters in their states, but provided no evidence of voter fraud. As McBroom reported: 鈥淚 was listening to hear whether they had any evidence to substantiate claims鈥 of significant voter fraud that could change the results in Michigan.鈥 鈥(T)he callers did not provide additional information, he said, and he did not support a delay in the electoral vote count.鈥
69. Jan 2, 2021 at 7:43pm: Chesebro to Eastman his Dec. 13 email to Giuiliani.
70. Jan. 3, 2021: Eastman writes his . The memo states: 鈥淏OLD, Certainly. But this Election was Stolen by a strategic Democrat plan to systematically flout existing election laws for partisan advantage; we鈥檙e no longer playing by Queensbury Rules.鈥
71. Jan. 4, 2021: President Trump holds an Oval Office meeting with Eastman, Pence, Marc Short, and Greg Jacob. Barbara McQuade鈥檚 earlier Just Security article summarizes the publicly available information on the meeting (see L in her ; see also Greg Jacob鈥檚 and others鈥 testimony in Select Committee鈥檚&苍产蝉辫;).
72. Jan. 4, 2021: Eastman calls Rusty Bowers, the Republican speaker of the Arizona House, asking that the state legislature 鈥渄e-certify the electors鈥 claiming the body has 鈥減lenary authority to do so鈥 under Article II. Bowers refuses, stating the action is unprecedented and would violate his oath to uphold the Constitution and the law, but Eastman says, 鈥淛ust do it and let the court sort it out鈥 (Transcript of Day 4, January 6 Committee Hearings).
73. Jan. 4, 2021: The Trump Campaign requested in texts to Wisconsin Republican Party officials for someone to transport the fake electors鈥 documents to Washington (Transcript of Day 4, January 6 Committee Hearings).
![](/wp-content/uploads/2024/05/051524-22-Politics.jpg)
74. Jan. 4, 2021: At 8:51pm, Chesebro another email to Eastman that resends his Dec. 13 email to Giuliani and appears to have Chesebro鈥檚 Nov. 18 memo as an attachment (: Chesebro email to Eastman, Jan. 4).
![](/wp-content/uploads/2024/05/051524-23-Politics.jpg)
75. Jan. 4, 2020: Sen. Mike Lee (R-UT) with Meadows:
From Meadows to Sen. Lee:
鈥淎pparently, he was told that you came out with a letter against the electoral objections. I told him that you were being very helpful. Bad intel鈥
From Sen. Lee to Meadows:
鈥淚鈥檝e been spending 14 hours a day for the last week trying to unravel this for him. To have him take a shot at me like that in such a public setting without even asking me about it is pretty discouraging.鈥
From Meadows to Sen. Lee:
鈥淚 pushed back. It wasn鈥檛 in the prepared remarks. So sorry. He will call鈥
From Sen. Lee to Meadows:
鈥淚t鈥檚 not your fault. But I鈥檝e been calling state legislators for hours today, and am going to spend hours doing the same tomorrow. I鈥檓 trying to figure out a path that I can persuasively defend, and this won鈥檛 make it any easier, especially if others now think I鈥檓 doing this because he went after me. This just makes it a lot more complicated. And it was complicated already. We need something from state legislatures to make this legitimate and to have any hope of winning. Even if they can鈥檛 convene, it might be enough if a majority of them are willing to sign a statement indicating how they would vote.鈥
From Sen. Lee to Meadows:
鈥淎nd I鈥檝e been working on doing that all day today.鈥
From Sen. Lee to Meadows:
鈥淏ut now, my ability to do that with credibility is impaired.鈥
From Meadows to Sen. Lee:
鈥淪o very sorry. I told him that you and I have been working it hard on his behalf.鈥
76. January 4, 2021: Chesebro emails with Trump Campaign counsel Matthew Morgan and senior official Mike Roman discussing how they might be able to get the false certificates to Vice President Pence in time for their use during the Joint Session. Chesebro suggests that they reach out to Troupis and 鈥渉ave him check immediately with Ron Johnson and see if the courier can deliver the documents to a Johnson staff member, who will then take it to Pence鈥檚 Senate office.鈥 (: Chesebro email to Roman and Morgan, Jan. 4).
77. 鈥淧ence鈥檚 chief of staff, Marc Short, told The Post that Giuliani and his associates forwarded letters [to Pence] from individual state legislators objecting to Biden鈥檚 electors and arguing the Trump electors should be recognized instead. Short and Pence鈥檚 legal team reviewed the unsolicited letters but were not persuaded there was any legal basis to accept Trump electors who had not been certified by their states, Short said鈥 ().
78. Jan. 5, 2021: Chesebro emails with Mike Roman and a junior Wisconsin Republican staffer, Alesha Guenther, who was flying to D.C. with false certificates. Guenther would then hand off these documents to Chesebro. (: Chesebro email to Roman and Guenther, Jan. 5).
79. Jan. 5, 2021: Eastman meets with Marc Short and Greg Jacob. Barbara McQuade鈥檚 earlier Just Security article summarizes the publicly available information on the meeting (see N in her ; see also Greg Jacob鈥檚 and others鈥 testimony in Select Committee鈥檚&苍产蝉辫;).
80. Jan. 5, 2021: Jenna Ellis, a member of Giuliani鈥檚 legal team, writes a second addressed to Trump attorney Jay Sekulow. The memo states that 鈥渢he Vice President should begin alphabetically in order of the states, and coming first to Arizona, not open the purported certification, but simply stop the count at that juncture鈥 on the ground that those electors may have not been properly 鈥渁scertained.鈥
81. Jan. 5. 2021: Vice President Pence鈥檚 chief counsel Greg Jacob writes a addressed to the vice president explaining that Eastman鈥檚 proposal to 鈥渟kip opening and reading the electoral Certificates for any state for which an alternate but uncertified slate of electors has been submitted鈥 is unlawful. 鈥淧rofessor Eastman acknowledges that his proposal violates several provisions of statutory law鈥 including the Electoral Count Act, the memorandum states.
82. Jan. 5, 2021: That evening, , Chesebro attends a rally at Freedom Plaza where prominent Trump surrogates spoke about the need to 鈥渟top the steal鈥 the next day. Longtime Trump ally Roger Stone warns the crowd that they are embroiled in a 鈥渁n epic struggle for the future of this country between dark and light;鈥 Stop the Steal organizer Ali Alexander says, 鈥淭hese degenerates in the deep states are going to give us what we want, or we are going to shut this country down;鈥 conspiracy theorist Alex Jones screams, 鈥It鈥檚 1776!鈥 (: pp. 537-38).
83. Jan. 6, 2021: In the morning, Rep. Andy Biggs (R-Ariz.) calls Bowers asking for him to support decertification and sign onto a letter to that effect. Bowers again refuses (Transcript of Day 4, January 6 Committee Hearings).
![](/wp-content/uploads/2024/05/051524-24-Politics.jpg)
84. Jan. 6, 2021: The House Select Committee found that 鈥淸a] staffer for Wisconsin[] Senator Ron Johnson texted a staffer for Vice President Pence just minutes before the beginning of the joint session. This staffer stated that Senator Johnson wished to hand deliver to the Vice President鈥 alternative electors鈥 votes from Michigan and Wisconsin. Pence鈥檚 aide 鈥渦nambiguously instructed them not to deliver the fake votes to the Vice President. Even though the fake elector鈥檚 slates were transmitted to Congress and the executive branch, the Vice President held firm in his position that his role was to count lawfully submitted electoral votes.鈥
![](/wp-content/uploads/2024/05/051524-25-Politics.jpg)
85. January 6, 2021: At 11:36 a.m., Troupis sends a text message to U.S. Senator Ron Johnson, in which he says, 鈥淲e need to get a document on the Wisconsin electors to you for the VP immediately. Is there a staff person I can talk to immediately. Thanks Jim T鈥 At 11:42 a.m. Senator Johnson sends Troupis a text connecting him with Sean Riley, whom he identifies as his new chief of staff. (: Troupis docs, pp. 575-77)
Troupis then texts Chesebro and writes, 鈥淚 have been on phone w Mike Roman and Senator Johnson and Johnson鈥檚 COS to get an original copy of Wi slate to VP. Not sure if u are involved but call Mike to make sure he gets what he needs. Thanks.鈥 Chesebro responds that he had dropped off the original copies to a congressional aide the prior day who, according to him, had 鈥渨alked it over to the Senate Parliamentarian.鈥 (: texts, pp. 77-80)
At 12:46 p.m., Senator Johnson texts Troupis again and says, 鈥淲e have been informed that VP cannot accept any unsealed mail and I cannot hand it to him.鈥 (: Troupis docs, p. 575)
Troupis texts Chesebro to relay this update. He forwards Senator Johnson鈥檚 message and says, 鈥淛ohnson cannot give the certificate we got to him to the VP because it is not sealed. Someone opened it!鈥 (: texts, p. 78).
86. Jan. 6, 2021: Vice President Pence reads out the vice presidential script for publicly counting electoral votes after he drafts , approved by the congressional parliamentarians, to address the false alternate slate of electors. He states that the certificates introduced will be the ones that 鈥渢he parliamentarians have advised me is the only certificate of vote from that state, and purports to be a return from the state, and that has annexed to it a certificate from an authority of that state purporting to appoint or ascertain electors.鈥
87. Jan. 6, 2021:
After the attack on the Capitol began, Pence鈥檚 chief counsel Greg Jacob exchanges heated with Eastman. In one email, Jacob says, 鈥渢hanks to your bull鈥-, we are now under siege.鈥
At 4:29pm, Jacob Eastman: 鈥淒id you advise the President that in your professional judgment the Vice President DOES NOT have the power to decide things unilaterally?鈥 Eastman replies: 鈥He鈥檚 been so advised, as you know because you were on the phone when I did it. I should not discuss other conversations that I may or may not have had privately on that score with someone who is a client. But you know him 鈥 once he gets something in his head, it is hard to get him to change course.鈥
88. January 6, 2021: Throughout this time, Chesebro sends Troupis several messages from on the ground in D.C., including pictures of him in a crowd of President Trump鈥檚 supporters on the National Mall. One of these pictures shows Chesebro with conspiracy theorist and Trump ally Alex Jones. Chesebro marches with Jones down to the Capitol and follows him into restricted areas.
In response to Chesebro鈥檚 messages, Troupis also sends several encouraging messages to Chesebro, including, 鈥淓njoy the history you have made possible today;鈥 鈥淲ell done Ken! History is made!;鈥 and a clapping hands emoji.
At some point in the afternoon, Troupis texts Chesebro, 鈥淭ear gas in the Capitol.鈥 Chesebro responds, 鈥淚 caught a wife [whiff]鈥ol.鈥 Chesebro also sends Troupis a picture of himself outside of the Capitol. (: texts, pp. 78-82).
![](/wp-content/uploads/2024/05/051524-26-Politics.jpg)
89. Jan. 10, 2021: An individual (name redacted in court records) Eastman asking, 鈥淭ell us in layman鈥檚 language, what the heck happened with the dual electors? Please?鈥 Eastman responded in full: 鈥淣o legislature certified them (because governors refused to call them into session), so they had no authority, Alas.鈥
90. March 28, 2022: In a civil case, a federal district court holds that Eastman and Trump more likely than not engaged in a criminal conspiracy to overturn the election through pressuring Pence to reject the Biden electors in accordance with Eastman鈥檚 plans submitted to Trump (Judge David O. Carter applying a preponderance of the evidence standard). As noted above, Carter鈥檚 subsequent June 2022 opinion states that 鈥淒r. Eastman and President Trump鈥檚 plan to disrupt the Joint Session was fully formed and actionable as early as December 7, 2020.鈥 It also states, 鈥渁 critical objective of the January 6 plan: to have contested states certify alternate slates of electors for President Trump.鈥
Originally by the , 05.15.2024, New York University School of Law, under the terms of a license.