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Case 1:23-cr-00257-TSC
Document 1
Filed 08/01/23
Page 27 of 45

68. Unlike those of the fraudulent electors, consistent with the ECA, the legitimate electors’ signed certificates were annexed to the state executives’ certificates of ascertainment before being sent to the President of the Senate and others.

69. That evening, at 6:26 p.m., the RNC Chairwoman forwarded to the Defendant, through his executive assistant, an email titled, “Electors Recap – Final,” which represented that in “Six Contested States”—Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin—the Defendant’s electors had voted in parallel to Biden’s electors. The Defendant’s executive assistant responded, “It’s in front of him!”

The Defendant’s Attempt to Leverage the Justice Department to Use Deceit to Get State Officials to Replace Legitimate Electors and Electoral Votes with the Defendant’s

70. In late December 2020, the Defendant attempted to use the Justice Department to make knowingly false claims of election fraud to officials in the targeted states through a formal letter under the Acting Attorney General’s signature, thus giving the Defendant’s lies the backing of the federal government and attempting to improperly influence the targeted states to replace legitimate Biden electors with the Defendant’s.

71. On December 22, the Defendant met with Co-Conspirator 4 at the White House. Co-Conspirator 4 had not informed his leadership at the Justice Department of the meeting, which was a violation of the Justice Department’s written policy restricting contacts with the White House to guard against improper political influence.

72. On December 26, Co-Conspirator 4 spoke on the phone with the Acting Attorney General and lied about the circumstances of his meeting with the Defendant at the White House, falsely claiming that the meeting had been unplanned. The Acting Attorney General directed Co-Conspirator 4 not to have unauthorized contacts with the White House again, and Co-Conspirator 4 said he would not.

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