New emails detail Trump’s efforts to have Justice Department take up his false election-fraud claims
President Donald Trump’s staff began sending emails to Jeffrey Rosen, the No. 2 official at the Justice Department, asking him to embrace Trump’s claims of voter fraud in the 2020 election at least 10 days before Rosen assumed the role of acting attorney general, according to new emails disclosed Tuesday by the House Committee on Oversight and Reform.
On the same day the electoral college met to certify the election
results — which was also the day Trump announced that William P. Barr would be
stepping down as attorney general — the president’s assistant sent Rosen an
email with a list of complaints concerning the way the election had been
carried out in Antrim County, Mich.
The file included a “forensic analysis” of the Dominion Voting Systems
machines the county employed, alleging they were “intentionally and
purposefully” calibrated to create fraudulent results. It also included
“talking points” that could be used to counter any arguments “against us.”
“It’s indicative of what the
machines can and did do to move votes,” the document Trump sent to Rosen reads.
“We believe it has happened everywhere.”
The claims were false, based on a report compiled by Allied Security
Operations Group, a company led by a Republican businessman who pushed baseless
allegations that the 2020 election was stolen.
The email — one of several previously undisclosed records released by
the Oversight Committee — sheds light on the type of pressure Trump put on the
Justice Department to take up his crusade against Joe Biden’s 2020 victory.
The documents show how the president’s allies contacted multiple Justice
officials as part of a campaign to reverse the outcome of the race, and how
Trump sought to influence Rosen even before he stepped into the top role at the
Justice Department. Once in that post, he contended with repeated attempts by
the White House to use the department’s power to challenge the election results
— efforts he resisted — before the Jan. 6 riot at the Capitol.
Rosen did not respond to messages seeking comment. A spokesman for Trump
did not respond to requests for comment.
Trump’s chief of staff pushed Justice Dept. to investigate baseless
election fraud claims
The email about Antrim County was sent by the White House to Rosen
shortly before 5 p.m. on Dec. 14. Two minutes later, a Justice Department
official forwarded the materials to the U.S. attorneys for the Eastern and
Western districts of Michigan, according to the documents released by the House
Oversight Committee.
Trump and his allies were focused on Antrim County because of an error
not long after polls closed caused the county to briefly report that Biden was
leading Trump in the heavily Republican area. Election officials quickly
established that the issue was caused by human error, saying a clerk’s failure
to update software just before the election was responsible for the incorrect
tally, which was rapidly updated to reflect Trump’s victory. Still, a local
resident filed suit, and a judge in early December ordered that Allied Security
Operations Group be given access to the county’s voting machines to analyze on
the resident’s behalf.
ASOG, based in Texas, produced a report that asserted a vast conspiracy
to rig the election. But an expert analysis of the report conducted on behalf
of Michigan’s attorney general and secretary of state — as well as multiple
reviews by other experts in recent months — found ASOG’s work was riddled with
inaccuracies. A subsequent hand recount of Antrim County’s ballots confirmed
the county’s voting machines had tabulated results correctly.
The campaign to have Rosen take up Trump’s cause swiftly accelerated
once he was appointed acting attorney general, according to the emails the
committee disclosed. On Dec. 30, Mark Meadows, then White House chief of staff,
forwarded Rosen a petition from attorney Cleta Mitchell alleging voter fraud in
Georgia, asking him point-blank: “Can you have your team look into these
allegations of wrongdoing. Only the alleged fraudulent activity.”
Mitchell, who also participated in a call in which Trump pressured Georgia
Secretary of State Brad Raffensperger to “find 11,780 votes” to help Trump win,
later resigned from her law firm after it said it was concerned she played a
role in the conversation.
On Jan. 1, Meadows forwarded Rosen a YouTube link with a subject line
suggesting it was a video in which a retired CIA station chief argued that the
2020 election totals were altered by the Italians. Rosen appeared to forward
the email to his acting deputy, Richard Donoghue, who responded simply: “Pure
insanity.”
Nonetheless, the pressure campaign from Trump’s White House staff
continued unabated, as aides sent Rosen purported evidence of fraud in states
from New Mexico to Pennsylvania during the week between Christmas and New
Year’s, and in the earliest days of 2021.
The emails also show that at the same time, Justice Department officials
were continually strategizing how to resist or at least work around the
“antics” coming from the Oval Office, as one official put it in an email.
During that period, Trump contemplated firing Rosen and replacing him
with a more sympathetic deputy, Jeffrey Clark, who had been pushing the
department to allege publicly there had been fraud in Georgia and that the
state lawmakers should replace the electors. Trump was ultimately persuaded not
to proceed by Rosen and other Justice Department officials and White House
lawyers at a high-stakes meeting on Jan. 3.
Before the meeting, top Justice Department officials had agreed to
resign en masse if Trump carried out the plan. That night, an official in the
deputy attorney general’s office emailed colleagues that “Rosen and the cause
of justice won,” according to the emails released Tuesday.
“Amazing,” responded John
Demers, the head of the national security division.
The episode appears to be connected to the departure of one Justice
Department official. The president wanted to fire the U.S. attorney in Atlanta,
Byung J. “BJay” Pak, because Trump believed he had not been aggressive enough
on voter fraud, according to people familiar with the matter, who spoke on the
condition of anonymity to describe the discussions.
The emails show Donoghue asked to have a call with Pak that night. The
next morning, Pak told his staff he was stepping down.
“You are a class act, my
friend,” Donoghue wrote to Pak after his resignation letter went out. “Thank
you.”
Trump entertained plan to install an attorney general who would help him
pursue baseless election fraud claims
The emails also show that a White House official and a lawyer, who both
claimed to be acting on directions from Trump, sought at the end of December to
get Justice Department officials to explore filing a Supreme Court challenge to
the election results in six states.
On Dec. 29, Molly Michael, an assistant to Trump, emailed Rosen, Donoghue
and then-acting solicitor general Jeffrey B. Wall a draft of a Supreme Court
brief seeking to make the challenge.
“The President asked me to
send the attached draft document for your review,” Michael wrote, adding that
she had also shared the document with Trump’s chief of staff and the White
House counsel.
That month, the Supreme Court had thrown out an effort by the state of
Texas to sue Georgia, Michigan, Pennsylvania and Wisconsin over how they
conducted their elections, asserting that Texas had not shown a legal interest
“in the manner in which another state conducts its elections.” The brief would
have essentially had the U.S. government take Texas’s place, and also challenge
elections in Arizona and Nevada.
That same day, the emails show, a lawyer named Kurt Olsen, who had
represented Texas, separately wrote to Wall about the matter, saying the
president had “directed me to meet with AG Rosen today to discuss a similar
action to be brought by the United States.” Olsen wrote that he had called and
texted the attorney general multiple times but had not been able to reach him.
“This is an urgent matter,”
Olsen wrote.
The emails suggest that John Moran, Rosen’s chief of staff, soon got in
touch with Olsen, and Olsen shared with him a draft complaint.
“As I said on our call, the
President of the United States has seen this complaint, and he directed me last
night to brief AG Rosen in person today to discuss bringing this action,” Olsen
wrote. “I have been instructed to report back to the President this afternoon
after this meeting.”
An email from Moran indicates Olsen said he was driving to D.C. from
Maryland in hopes of meeting with Rosen. A person familiar with the matter, who
spoke on the condition of anonymity to describe the interactions, said an
in-person meeting never happened, but Olsen somehow got Rosen’s private
cellphone number, and Rosen picked up after he got a call from an unknown
number. The person said Rosen gave Olsen a polite “brushoff.”
Later that evening, Olsen emailed to Moran a past Supreme Court case
that he said Rosen had asked him for, and he reached out again to Moran the
following day to ask him to give Rosen another document.
Moran declined to comment.
Olsen asserted in an email to The Washington Post on Tuesday that he and
Rosen had “cordial back and forth phone call exchanges,” in part about whether
the U.S. government had legal standing to pursue his complaint.
“The emails released today regarding my communications with Messrs. Rosen and Moran and what the President asked me to do speak for themselves,” he said, adding later, “With respect to the DoJ’s decision to not pursue the case, you would need to speak to them.”