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    Trump Surrenders at Atlanta Jail in Georgia Election Interference Case

    Mr. Trump spent about 20 minutes at the jail, getting fingerprinted and having his mug shot taken for the first time in the four criminal cases he has faced this year.Former President Donald J. Trump surrendered at the Fulton County jail in Atlanta on Thursday and was booked on 13 felony charges for his efforts to reverse his 2020 election loss in Georgia.It was an extraordinary scene: a former U.S. president who flew on his own jet to Atlanta and surrendered at a jail compound surrounded by concertina wire and signs that directed visitors to the “prisoner intake” area.As Mr. Trump’s motorcade of black S.U.V.s drove to the jail through cleared streets, preceded by more than a dozen police motorcycles — a trip captured by news helicopters and broadcast live on national television — two worlds collided in ways never before seen in American political history. The nation’s former commander in chief walked into a notorious jail, one that has been cited in rap lyrics and is the subject of a Department of Justice investigation into unsanitary and unsafe conditions, including allegations that an “incarcerated person died covered in insects and filth.”The case is the fourth brought against Mr. Trump this year, but Thursday was the first time that he was booked at a jail.Mr. Trump spent about 20 minutes there, submitting to some of the routines of criminal defendant intake. He was fingerprinted and had his mug shot taken. He was assigned an identification number, P01135809. But the process was faster than for most defendants; minutes after he entered the jail, Mr. Trump’s record appeared in Fulton County’s booking system, which listed him as having “blond or strawberry” hair, a height of 6 feet 3 inches and a weight of 215 pounds — 24 pounds less than the White House doctor reported Mr. Trump weighing in 2018.Mr. Trump’s motorcade arriving at the Fulton County jail.Kenny Holston/The New York TimesHis form was filled out in advance by aides, according to someone familiar with the preparations, not by officials at the jail.Outside, supporters and detractors of Mr. Trump had gathered all day in the swampy Atlanta heat. The news media was kept at bay. The Fulton County Sheriff’s Office barred reporters from accessing the parking lot in front of the jail’s main entrance, a break with tradition.Before leaving Atlanta on his plane, Mr. Trump was defiant. The Georgia case, he said, was a “travesty of justice.”“We have every right to challenge an election we think is dishonest,” he said.The former president’s bond in the case was set at $200,000 on Monday, and he used a commercial bondsman, Charles Shaw of Foster Bail Bonds, to post his bond in exchange for $20,000, the bondsman confirmed.In a last minute shake-up of his legal team before he surrendered on Thursday, Mr. Trump hired Steven H. Sadow, a veteran criminal defense lawyer in Atlanta whose clients have included prominent rappers. In a filing to the court, Mr. Sadow said he was now “lead counsel of record for Donald John Trump.”Lawyers on both sides of the case filed a flurry of legal motions on Thursday. After one of the 19 defendants, the lawyer Kenneth Chesebro, demanded a speedy trial, Fani T. Willis, the Fulton County district attorney who is prosecuting the case, asked a judge to set a trial date of Oct. 23, months earlier than she had originally sought.The Fulton County jail in Atlanta.Kendrick Brinson for The New York TimesMr. Trump objected to that timing, an indication that he wants to move more slowly. The judge approved the October trial date, but only for Mr. Chesebro. The ultimate date of any trial, however, will not be clear until efforts by some of the defendants to move the case to federal court are resolved.Mr. Trump is at the top of the list of 19 defendants in the indictment released last week. Prosecutors used a state version of the Racketeer Influenced and Corrupt Organizations Act, or RICO, that they hope will allow them to show the ways in which Mr. Trump and several of his allies worked together toward the common goal of seeking to overturn the results of the election in Georgia.The RICO statute is often used against the mafia and street gangs. In the Georgia indictment, Mr. Trump and his co-defendants are accused of impersonating a public officer, forgery, filing false documents, influencing witnesses, conspiracy to defraud the state and “acts involving theft,” among other crimes.The indictment lays out the broadest set of accusations leveled against the former president so far. Georgia’s racketeering law can carry criminal penalties of between five and 20 years in prison.It is the second case centered on Mr. Trump’s efforts to overturn the 2020 election. Jack Smith, the special counsel, brought the other, a federal case, earlier in August.Ms. Willis began her investigation after a recording of Mr. Trump was released in which he told Brad Raffensperger, Georgia’s secretary of state, that he wanted to “find” 11,780 votes, one more than he needed to win the state and its Electoral College votes. Mr. Trump later described the call to Mr. Raffensperger as “absolutely perfect.”Protesters and supporters of Mr. Trump clashed outside the jail ahead of his arrival. Nicole Craine for The New York TimesHis defiance in the face of the four cases lodged against him has provided political oxygen for his campaign and a significant fund-raising windfall.After his first indictment in March, which charged him in a hush-money scheme to cover up a potential sex scandal, Mr. Trump’s campaign reported raising $15 million in the two weeks that followed.In June, an indictment in Miami that centered on classified documents was followed by $7 million in fund-raising, Mr. Trump’s campaign reported.Hours before he was set to be booked on Thursday, Mr. Trump sent out a fund-raising email. “This arrest — and every one of these four sham indictments,” he wrote, “have all been designed to strike fear into the hearts of the American people, to intimidate you out of voting to save your country and ultimately, to interfere in the 2024 election.”In four recent polls, a majority of respondents said the criminal charges against Mr. Trump were warranted. But at the same time, Mr. Trump’s standing among Republican voters is strong, and he is holding onto a considerable lead against his Republican primary rivals.He declined to take part in the first primary debate of the 2024 campaign on Wednesday, which featured eight of Mr. Trump’s rivals for the Republican nomination. Bret Baier, one of the debate’s moderators on Fox News, quipped that Mr. Trump was the “elephant not in the room.”A crowd began to gather outside the jail early Thursday morning.Kenny Holston/The New York TimesMr. Trump is also neck and neck against President Biden in recent polls. A Quinnipiac University poll this month showed him trailing Mr. Biden by a single percentage point, 47 percent to 46 percent, in a hypothetical rematch. Mr. Biden’s advantage was five percentage points in July.Outside the Fulton County jail, supporters of Mr. Trump came early in the day, hoping for a glimpse of the former president. Rick Hearn, 44, an Atlanta accountant, brought a poster with him that showed an image of Mr. Trump next to one of Nelson Mandela, with the label “political prisoners.”“I feel like I needed to be a part of this,” Mr. Hearn said,“Those in charge,” he added, need to know that they cannot “take away our rights and get away with it.”Alan Feuer More

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    As Indictment Decision Looms, Here’s What to Know About the Trump Investigation in Georgia

    A grand jury could decide within days whether former President Trump should be indicted for interfering in the state’s 2020 presidential election.Starting on Monday morning, prosecutors in Fulton County, Ga., are expected to present a grand jury with the findings from their two-and-a-half-year investigation into former President Donald J. Trump and a number of his allies for their multipronged effort to overturn Mr. Trump’s narrow election loss in Georgia in November 2020.The grand jury will likely decide within days whether Mr. Trump should be indicted for interfering in the presidential election in Georgia. The former president has already been indicted in three separate cases this year, a staggering legal burden for a politician who is running for another term.Mr. Trump is far ahead of competitors in the race for the 2024 Republican nomination, and neck-and-neck with President Joseph R. Biden Jr. in a potential rematch, according to a New York Times/Siena College poll conducted in late July.Here is what we know about the investigation in Fulton County, which includes most of Atlanta.Why is Mr. Trump under investigation in Georgia?Fani T. Willis, the Fulton County district attorney, began looking into whether Mr. Trump and his associates violated Georgia law shortly after a recording was released of Mr. Trump talking by phone to Brad Raffensperger, Georgia’s secretary of state, on Jan. 2, 2021. During the call, Mr. Trump insisted that he had won the state of Georgia and made baseless allegations of fraud, even though multiple recounts confirmed that he had lost.Mr. Trump told Mr. Raffensperger that he wanted to “find” 11,780 votes in the state — one more than he needed to win Georgia and its Electoral College votes.Over time, court documents and other public records revealed that Ms. Willis, a Democrat, was also investigating false statements that lawyers for Mr. Trump made in state legislative hearings; a meeting of 16 pro-Trump Republicans who cast bogus Electoral College votes for him; an intimidation campaign against a pair of Fulton County election workers falsely accused of fraud, and a successful effort by Trump allies to copy sensitive software at an elections office in rural Coffee County, Ga.An audio recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee.Alex Wong/Getty ImagesWhat laws may have been broken?In February 2021, Ms. Willis, in a letter to state officials, said the potential laws violated include “the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.”That list may not prove definitive for a number of reasons, including that investigators probably had not settled on the final scope of their inquiry at the time. Outside legal experts have said that the Coffee County data breach could result in charges like computer trespassing and computer invasion of privacy.Ms. Willis signaled repeatedly that she was considering pursuing charges under the state’s racketeering law, which is often used to target members of an “enterprise” that has engaged in a pattern of criminal activity.The federal racketeering law is best known for being used against members of the mafia. But federal and state racketeering laws have been used in a wide array of cases. Prosecutors often use the laws to ensure that leaders of a criminal enterprise, and not just the foot soldiers, are held accountable.Who else is being scrutinized?The Georgia investigation may prove to be the most expansive legal challenge yet to the efforts that Mr. Trump and his advisers and other associates undertook to keep him in power after he lost the 2020 election. Nearly 20 people are known to have been told that they could face charges. They include Rudolph W. Giuliani, the former New York City mayor who, as a Trump lawyer, made numerous false claims about voter fraud at Georgia legislative hearings.They also include David Shafer, the former chair of the state Republican Party. He oversaw the meeting of the bogus electors in December 2020; more than half of the electors have been cooperating with Ms. Willis’s office.A number of lawyers who worked to keep Mr. Trump in power have been under scrutiny in the investigation, including John Eastman, Sidney Powell, Jenna Ellis and Kenneth Chesebro. Last year, Mark Meadows, the former White House chief of staff, was ordered to testify before a special grand jury that aided in the investigation.The Justice Department blocked an effort to seek the testimony of Jeffrey Clark, a former high-ranking lawyer in the department who sought to intervene in Georgia on Mr. Trump’s behalf after the 2020 election.A number of people whose names have been mentioned in connection with the investigation have said that they did nothing illegal, including Mr. Trump, who has described his call to Mr. Raffensperger as “absolutely perfect.”A Trump supporter protested election results at the Georgia State Capitol in downtown Atlanta in the days after the 2020 election.Audra Melton for The New York TimesHow does the Georgia inquiry relate to other investigations of Mr. Trump?Ms. Willis has said that she has not coordinated with Jack Smith, the special counsel in two federal investigations of Mr. Trump that have resulted in indictments. But Ms. Willis’s team has made use of the voluminous documents and testimony about election interference efforts produced by Congress’s Jan. 6 Committee.One of the federal cases is related to the former president’s handling of classified documents; the other to his efforts to reverse his defeat in the 2020 election. Another indictment, in New York State, is related to what prosecutors described as a hush-money scheme to cover up a potential sex scandal and clear his path to the presidency in 2016. Mr. Trump has pleaded not guilty in all three cases.What would come next?If the Fulton County grand jury decides to indict, any defendants will have to make their way to Atlanta to be booked and arraigned. A number of them could face multiple charges, and the potential sentences could be steep: Violating the racketeering law alone can potentially result in a five-to-20-year sentence.There is also the question of when a trial might occur, given Mr. Trump’s legal troubles in several other venues. If the Georgia case results in multiple defendants, pretrial matters like jury selection could take months. More

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    How Trump Tried to Overturn the 2020 Election Results in Georgia

    The Georgia case offers a vivid reminder of the extraordinary lengths Mr. Trump and his allies went to in the Southern state to reverse the election.When President Donald J. Trump’s eldest son took the stage outside the Georgia Republican Party headquarters two days after the 2020 election, he likened what lay ahead to mortal combat.“Americans need to know this is not a banana republic!” Donald Trump Jr. shouted, claiming that Georgia and other swing states had been overrun by wild electoral shenanigans. He described tens of thousands of ballots that had “magically” shown up around the country, all marked for Joseph R. Biden Jr., and others dumped by Democratic officials into “one big box” so their authenticity could not be verified.Mr. Trump told his father’s supporters at the news conference — who broke into chants of “Stop the steal!” and “Fraud! Fraud!” — that “the number one thing that Donald Trump can do in this election is fight each and every one of these battles, to the death!”Over the two months that followed, a vast effort unfolded on behalf of the lame-duck president to overturn the election results in swing states across the country. But perhaps nowhere were there as many attempts to intervene as in Georgia, where Fani T. Willis, the district attorney of Fulton County, is now poised to bring an indictment for a series of brazen moves made on behalf of Mr. Trump in the state after his loss and for lies that the president and his allies circulated about the election there.Mr. Trump has already been indicted three times this year, most recently in a federal case brought by the special prosecutor Jack Smith that is also related to election interference. But the Georgia case may prove the most expansive legal challenge to Mr. Trump’s attempts to cling to power, with nearly 20 people informed that they could face charges.It could also prove the most enduring: While Mr. Trump could try to pardon himself from a federal conviction if he were re-elected, presidents cannot pardon state crimes.Perhaps above all, the Georgia case assembled by Ms. Willis offers a vivid reminder of the extraordinary lengths taken by Mr. Trump and his allies to exert pressure on local officials to overturn the election — an up-close portrait of American democracy tested to its limits.There was the infamous call that the former president made to Brad Raffensperger, Georgia’s Republican secretary of state, during which Mr. Trump said he wanted to “find” nearly 12,000 votes, or enough to overturn his narrow loss there. Mr. Trump and his allies harassed and defamed rank-and-file election workers with false accusations of ballot stuffing, leading to so many vicious threats against one of them that she was forced into hiding.They deployed fake local electors to certify that Mr. Trump had won the election. Within even the Justice Department, an obscure government lawyer secretly plotted with the president to help him overturn the state’s results.And on the same day that Mr. Biden’s victory was certified by Congress, Trump allies infiltrated a rural Georgia county’s election office, copying sensitive software used in voting machines throughout the state in their fruitless hunt for ballot fraud.The Georgia investigation has encompassed an array of high-profile allies, from the lawyers Rudolph W. Giuliani, Kenneth Chesebro and John Eastman, to Mark Meadows, the White House chief of staff at the time of the election. But it has also scrutinized lesser-known players like a Georgia bail bondsman and a publicist who once worked for Kanye West.As soon as Monday, there could be charges from a Fulton County grand jury after Ms. Willis presents her case to them. The number of people indicted could be large: A separate special grand jury that investigated the matter in an advisory capacity last year recommended more than a dozen people for indictment, and the forewoman of the grand jury has strongly hinted that the former president was among them.If an indictment lands and the case goes to trial, a regular jury and the American public will hear a story that centers on nine critical weeks from Election Day through early January in which a host of people all tried to push one lie: that Mr. Trump had secured victory in Georgia. The question before the jurors would be whether some of those accused went so far that they broke the law.A recording of Mr. Trump talking to Brad Raffensperger, secretary of state of Georgia, was played during a hearing by the Jan. 6 Committee last October. Alex Wong/Getty ImagesUnleashing ‘Hate and Fury’It did not take long for the gloves to come off.During the Nov. 5 visit by Donald Trump Jr., the Georgia Republican Party was already fracturing. Some officials believed they should focus on defending the seats of the state’s two Republican senators, Kelly Loeffler and David Perdue, who were weeks away from runoff elections, rather than fighting a losing presidential candidate’s battles.But according to testimony before the Jan. 6 committee by one of the Trump campaign’s local staffers, Mr. Trump’s son was threatening to “tank” those Senate races if there was not total support for his father’s effort. (A spokesman for Donald Trump Jr. disputed that characterization, noting that the former president’s son later appeared in ads for the Senate candidates.) Four days later, the two senators called for Mr. Raffensperger’s resignation. The Raffensperger family was soon barraged with threats, leading his wife, Tricia, to confront Ms. Loeffler in a text message: “Never did I think you were the kind of person to unleash such hate and fury.”Four other battleground states had also flipped to Mr. Biden, but losing Georgia, the only Deep South state among them, seemed particularly untenable for Mr. Trump. His margin of defeat there was one of the smallest in the nation. Republicans controlled the state, and as he would note repeatedly in the aftermath, his campaign rallies in Georgia had drawn big, boisterous crowds.By the end of November, Mr. Trump’s Twitter feed had become a font of misinformation. “Everybody knows it was Rigged” he wrote in a tweet on Nov. 29. And on Dec. 1: “Do something @BrianKempGA,” he wrote, referring to Gov. Brian Kemp of Georgia, a Republican. “You allowed your state to be scammed.”But these efforts were not gaining traction. Mr. Raffensperger and Mr. Kemp were not bending. And on Dec. 1, Mr. Trump’s attorney general, William P. Barr, announced that the Department of Justice had found no evidence of voting fraud “on a scale that could have effected a different outcome in the election.”A Show for LawmakersIt was time to turn up the volume.Mr. Giuliani was on the road, traveling to Phoenix and Lansing, Mich., to meet with lawmakers to convince them of fraud in their states, both lost by Mr. Trump. Now, he was in Atlanta.Even though Mr. Trump’s loss in Georgia had been upheld by a state audit, Mr. Giuliani made fantastical claims at a hearing in front of the State Senate, the first of three legislative hearings in December 2020.Rudolph Giuliani at a legislative hearing at the Georgia State Capitol in Atlanta in December 2020.Rebecca Wright/Atlanta Journal-Constitution, via Associated PressHe repeatedly asserted that machines made by Dominion Voting Systems had flipped votes from Mr. Trump to Mr. Biden and changed the election outcome — false claims that became part of Dominion defamation suits against Fox News, Mr. Giuliani and a number of others.Mr. Giuliani, then Mr. Trump’s personal lawyer, also played a video that he said showed election workers pulling suitcases of suspicious ballots from under a table to be secretly counted after Republican poll watchers had left for the night.He accused two workers, a Black mother and daughter named Ruby Freeman and Wandrea Moss, of passing a suspicious USB drive between them “like vials of heroin or cocaine.” Investigators later determined that they were passing a mint; Mr. Giuliani recently admitted in a civil suit that he had made false statements about the two women.Other Trump allies also made false claims at the hearing with no evidence to back them up, including that thousands of convicted felons, dead people and others unqualified to vote in Georgia had done so.John Eastman, a lawyer advising the Trump campaign, claimed that “the number of underage individuals who were allowed to register” in the state “amounts allegedly up to approximately 66,000 people.”That was not remotely true. During an interview last year, Mr. Eastman said that he had relied on a consultant who had made an error, and there were in fact about 2,000 voters who “were only 16 when they registered.”But a review of the data he was using found that Mr. Eastman was referring to the total number of Georgians since the 1920s who were recorded as having registered before they were allowed. Even that number was heavily inflated due to data-entry errors common in large government databases.The truth: Only about a dozen Georgia residents were recorded as being 16 when they registered to vote in 2020, and those appeared to be another data-entry glitch.Trump supporters protesting election results at State Farm Arena in Atlanta in the days following the 2020 election.Audra Melton for The New York TimesThe President CallingIn the meantime, Mr. Trump was working the phones, trying to directly persuade Georgia Republican leaders to reject Mr. Biden’s win.He called Governor Kemp on Dec. 5, a day after the Trump campaign filed a lawsuit seeking to have the state’s election results overturned. Mr. Trump pressured Mr. Kemp to compel lawmakers to come back into session and brush aside the will of the state’s voters.Mr. Kemp, who during his campaign for governor had toted a rifle and threatened to “round up illegals” in an ad that seemed an homage to Mr. Trump, rebuffed the idea.Two days later, Mr. Trump called David Ralston, the speaker of the Georgia House, with a similar pitch. But Mr. Ralston, who died last year, “basically cut the president off,” a member of the special grand jury in Atlanta who heard his testimony later told The Atlanta Journal Constitution. “He just basically took the wind out of the sails.”By Dec. 7, Georgia had completed its third vote count, yet again affirming Mr. Biden’s victory. But Trump allies in the legislature were hatching a new plan to defy the election laws that have long been pillars of American democracy: They wanted to call a special session and pick new electors who would cast votes for Mr. Trump.Never mind that Georgia lawmakers had already approved representatives to the Electoral College reflecting Biden’s win in the state, part of the constitutionally prescribed process for formalizing the election of a new president. The Trump allies hoped that the fake electors and the votes they cast would be used to pressure Vice President Mike Pence not to certify the election results on Jan. 6.Mr. Kemp issued a statement warning them off: “Doing this in order to select a separate slate of presidential electors is not an option that is allowed under state or federal law.”The Fake Electors MeetRather than back down, Mr. Trump was deeply involved in the emerging plan to enlist slates of bogus electors.Mr. Trump called Ronna McDaniel, the head of the Republican National Committee, to enlist her help, according to Ms. McDaniel’s House testimony. By Dec. 13, as the Supreme Court of Georgia rejected an election challenge from the Trump campaign, Robert Sinners, the Trump campaign’s local director of Election Day operations, emailed the 16 fake electors, directing them to quietly meet in the capitol building in Atlanta the next day.Mr. Trump’s top campaign lawyers were so troubled by the plan that they refused to take part. Still, the president tried to keep up the pressure using his Twitter account. “What a fool Governor @BrianKempGA of Georgia is,” he wrote in a post just after midnight on Dec. 14, adding, “Demand this clown call a Special Session.”Ronna McDaniel, chair of the Republican National Committee, at a news conference following the election in 2020.Al Drago for The New York TimesLater that day, the bogus electors met at the Statehouse. They signed documents that claimed they were Georgia’s “duly elected and qualified electors,” even though they were not.In the end, their effort was rebuffed by Mr. Pence.In his testimony to House investigators, Mr. Sinners later reflected on what took place: “I felt ashamed,” he said.Moves in the White HouseWith other efforts failing, the White House chief of staff, Mark Meadows, got personally involved. Just before Christmas, he traveled to suburban Cobb County, Ga., during its audit of signatures on mail-in absentee ballots, which had been requested by Mr. Kemp.Mr. Meadows tried to get into the room where state investigators were verifying the signatures. He was turned away. But he did meet with Jordan Fuchs, Georgia’s deputy secretary of state, to discuss the audit process.During the visit, Mr. Meadows put Mr. Trump on the phone with the lead investigator for the secretary of state’s office, Frances Watson. “I won Georgia by a lot, and the people know it,” Mr. Trump told her. “Something bad happened.”Byung J. Pak, the U.S. attorney in Atlanta at the time, believed that Mr. Meadows’s visit was “highly unusual,” adding in his House testimony, “I don’t recall that ever happening in the history of the U.S.”In Washington, meanwhile, a strange plot was emerging within the Justice Department to help Mr. Trump.Mr. Barr, one of the most senior administration officials to dismiss the claims of fraud, had stepped down as attorney general, and jockeying for power began. Jeffrey Clark, an unassuming lawyer who had been running the Justice Department’s environmental division, attempted to go around the department’s leadership by meeting with Mr. Trump and pitching a plan to help keep him in office.Mr. Trump, his daughter Ivanka Trump and Mark Meadows, his chief of staff, leaving the White House en route to Georgia in January 2021.Pool photo by Erin ScottMr. Clark drafted a letter to lawmakers in Georgia, dated Dec. 28, falsely claiming that the Justice Department had “identified significant concerns” regarding the state’s election results. He urged the lawmakers to convene a special session — a dramatic intervention.Richard Donoghue, who was serving as acting deputy attorney general, later testified that he was so alarmed when he saw the draft letter that he had to read it “twice to make sure I really understood what he was proposing, because it was so extreme.”The letter was never sent.One Last CallStill, Mr. Trump refused to give up. It was time to reach the man who was in charge of election oversight: Mr. Raffensperger, Georgia’s secretary of state.On Jan. 2, he called Mr. Raffensperger and asked him to recalculate the vote. It was the call that he would later repeatedly defend as “perfect,” an hourlong mostly one-sided conversation during which Mr. Raffensperger politely but firmly rejected his entreaties.“You know what they did and you’re not reporting it,” the president warned, adding, “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.”Mr. Raffensperger was staggered. He later wrote that “for the office of the secretary of state to ‘recalculate’ would mean we would somehow have to fudge the numbers. The president was asking me to do something that I knew was wrong, and I was not going to do that.”Mr. Trump seemed particularly intent on incriminating the Black women working for the county elections office, telling Mr. Raffensperger that Ruby Freeman — whom he mentioned 18 times during the call — was “a professional vote-scammer and hustler.”“She’s one of the hot items on the internet, Brad,” Mr. Trump said of the viral misinformation circulating about Ms. Freeman, which had already been debunked by Mr. Raffensperger’s aides and federal investigators.Trump-fueled conspiracy theories about Ms. Freeman and her daughter, Ms. Moss, were indeed proliferating. In testimony to the Jan. 6 committee last year, Ms. Moss recounted Trump supporters forcing their way into her grandmother’s home, claiming they were there to make a citizen’s arrest of her granddaughter; Ms. Freeman said that she no longer went to the grocery store.Then, on Jan. 4, Ms. Freeman received an unusual overture.Trevian Kutti, a Trump supporter from Chicago who had once worked as a publicist for Kanye West, persuaded Ms. Freeman to meet her at a police station outside Atlanta. Ms. Freeman later said that Ms. Kutti — who told her that “crisis is my thing,” according to a video of the encounter — had tried to pressure her into saying she had committed voter fraud.“There is nowhere I feel safe. Nowhere,” Ms. Freeman said in her testimony, adding, “Do you know how it feels to have the president of the United States target you?”Cathy Latham, center, in a light blue shirt, in the elections office in Coffee County, Ga., while a team working on Mr. Trump’s behalf made copies of voting equipment data in January 2021.Coffee County, Georgia, via Associated Press‘Every Freaking Ballot’On Jan. 7, despite the fake electors and the rest of the pressure campaign, Mr. Pence certified the election results for Mr. Biden. The bloody, chaotic attack on the Capitol the day before did not stop the final certification of Biden’s victory, but in Georgia, the machinations continued.In a quiet, rural county in the southeastern part of the state, Trump allies gave their mission one more extraordinary try.A few hours after the certification, a small group working on Mr. Trump’s behalf traveled to Coffee County, about 200 miles from Atlanta. A lawyer advising Mr. Trump had hired a company called SullivanStrickler to scour voting systems in Georgia and other states for evidence of fraud or miscounts; some of its employees joined several Trump allies on the expedition.“We scanned every freaking ballot,” Scott Hall, an Atlanta-area Trump supporter and bail bondsman who traveled to Coffee County with employees of the company on Jan. 7, recalled in a recorded phone conversation. Mr. Hall said that with the blessing of the Coffee County elections board, the team had “scanned all the equipment” and “imaged all the hard drives” that had been used on Election Day.A law firm hired by SullivanStrickler would later release a statement saying of the company, “Knowing everything they know now, they would not take on any further work of this kind.”Others would have their regrets, too. While Mr. Trump still pushes his conspiracy theories, some of those who worked for him now reject the claims of rigged voting machines and mysterious ballot-stuffed suitcases. As Mr. Sinners, the Trump campaign official, put it in his testimony to the Jan. 6 committee last summer, “It was just complete hot garbage.”By then, Ms. Willis’s investigation was well underway.“An investigation is like an onion,” she said in an interview soon after her inquiry began. “You never know. You pull something back, and then you find something else.” More

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    Trump Indictment Leaves Alleged Co-Conspirators Facing Tough Choices

    The special counsel’s decision not to charge six people said to have played critical roles in the effort to keep Donald Trump in office seemed to give them a chance to cooperate with prosecutors. Some appear to be unwilling.By the time Jack Smith, the special counsel, was brought in to oversee the investigation of former President Donald J. Trump’s attempts to overturn the 2020 election, the inquiry had already focused for months on a group of lawyers close to Mr. Trump.Many showed up as subjects of interest in a seemingly unending flurry of subpoenas issued by a grand jury sitting in the case. Some were household names, others less familiar. Among them were Rudolph W. Giuliani, John Eastman, Jeffrey Clark, Kenneth Chesebro and Sidney Powell.On Tuesday, most of these same lawyers showed up again — albeit unnamed — as Mr. Trump’s co-conspirators in a federal indictment accusing him of a wide-ranging plot to remain in office despite having lost the election.The appearance of the lawyers at the center of the case suggests how important prosecutors judged them to be to the conspiracy to execute what one federal judge who considered some of the evidence called “a coup in search of a legal theory.”The lawyers’ placement at the heart of the plot while remaining uncharged — for now — raised questions about why Mr. Smith chose to bring the indictment with Mr. Trump as the sole defendant.In complex conspiracy cases, prosecutors often choose to work from the bottom up, charging subordinates with crimes to put pressure on them to cooperate against their superiors. It remains unclear precisely what Mr. Smith may be seeking to accomplish by flipping that script.Some legal experts theorized on Wednesday that by indicting Mr. Trump alone, Mr. Smith might be seeking to streamline and expedite the case ahead of the 2024 election. If the co-conspirators were indicted, that would almost certainly slow down the process, potentially with the other defendants filing motions and seeking to splinter their cases from Mr. Trump’s.“I think it’s a clean indictment to just have Donald Trump as the sole defendant,” said Soumya Dayananda, a former federal prosecutor who served as a senior investigator for the House Jan. 6 committee. “I think it makes it easier to just tell the story of what his corrupt activity was.”Another explanation could be that by indicting Mr. Trump — and leaving open the threat of other charges — Mr. Smith was delivering a message: cooperate against Mr. Trump, or end up indicted like him. By not charging them for now, Mr. Smith could be giving the co-conspirators an incentive to reach a deal with investigators and provide information about the former president.While the threat of prosecution could loom indefinitely, it is possible that the judge overseeing the case might soon ask Mr. Smith’s team to disclose whether it plans to issue a new indictment with additional defendants. And some legal experts expect additional charges to come.“It’s clearly a strategic decision not to charge them so far, because it’s out of the ordinary,” said Joyce Vance, a former U.S. attorney who is now a University of Alabama law professor. “I don’t see an advantage to giving people this culpable a pass.”That said, at least one of the co-conspirators — Mr. Giuliani — and another possible co-conspirator — Boris Epshteyn, a lawyer and strategic adviser close to Mr. Trump — have already sat with prosecutors for extended voluntary interviews. To arrange for such interviews, prosecutors typically consent not to use any statements made during the interview in future criminal proceedings against them unless the subject is determined to have been lying.Boris Epshteyn has sat with prosecutors for an extended voluntary interview.Jim Lo Scalzo/EPA, via ShutterstockBut those protections do not prevent Mr. Smith from charging anyone who sat for an interview. He still has the option of filing charges against any or all of the co-conspirators at more or less any time he chooses.He used that tactic in a separate case against Mr. Trump related to the former president’s mishandling of classified documents, issuing a superseding indictment last week that accused a new defendant — the property manager of Mr. Trump’s private club and residence in Florida — of being part of a conspiracy to obstruct the government’s attempts to retrieve the sensitive materials.Some of the lawyers named as Mr. Trump’s co-conspirators in the indictment filed on Tuesday have effectively acknowledged to being named in the case through their lawyers.In a statement issued Tuesday night, Robert J. Costello, a lawyer for Mr. Giuliani, said it “appears” as if the former New York City mayor were Co-Conspirator 1. The statement also leveled a blistering attack on the indictment — and a defense of Mr. Trump — suggesting that Mr. Giuliani was an unlikely candidate for cooperating against the former president.“Every fact that Mayor Giuliani possesses about this case establishes the good-faith basis President Donald Trump had for the action that he took,” Mr. Costello said.Not long after, Charles Burnham, a lawyer for Mr. Eastman, implicitly admitted his client’s role as Co-Conspirator 2 by issuing a statement “regarding United States v. Donald J. Trump indictment” in which he insisted Mr. Eastman was not “involved in plea bargaining.”John Eastman after a hearing in Los Angeles. His lawyer implicitly admitted his client’s role as Co-Conspirator 2.Jae C. Hong/Associated Press“The fact is, if Dr. Eastman is indicted, he will go to trial,” the statement said. “If convicted, he will appeal.”Some sleuthing was required to determine the identities of the other co-conspirators.The indictment refers to Co-Conspirator 3, for instance, as a lawyer whose “unfounded claims of election fraud” sounded “crazy” to Mr. Trump.That description fits Ms. Powell. She was best known during the postelection period for filing four lawsuits in key swing states claiming that a cabal of bad actors — including Chinese software companies, Venezuelan officials and the liberal financier George Soros — conspired to hack into voting machines produced by Dominion Voting Systems and flip votes from Mr. Trump to Mr. Biden.Mr. Clark is a close match to the description of Co-Conspirator 4, who is identified in the charges as a Justice Department official who worked on civil matters and plotted with Mr. Trump to use the department to “open sham election crime investigations” and “influence state legislatures with knowingly false claims of election fraud.”Against the advice of top officials at the Justice Department, Mr. Trump sought to install Mr. Clark, a high-ranking official in the department’s civil division, as the acting attorney general in the waning days of his administration after Mr. Clark agreed to support his claims of election fraud.Sidney Powell was best known during the postelection period for filing four lawsuits in key swing states claiming that a cabal of bad actors conspired to flip votes from Mr. Trump to Mr. Biden.Erin Schaff/The New York TimesMr. Clark also helped draft a letter to Gov. Brian Kemp of Georgia, a Republican, urging him to call the state legislature into a special session to create a slate of false pro-Trump electors even though the state was won by Joseph R. Biden Jr.A batch of documents obtained by The New York Times helped to identify Mr. Chesebro as Co-Conspirator 5, who is described in the indictment as a lawyer who helped to craft and implement “a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding.”The emails obtained by The Times laid out a detailed picture of how several lawyers, reporting to Mr. Giuliani, carried out the so-called fake elector plot on behalf of Mr. Trump, while keeping many of their actions obscured from the public — and even from other lawyers working for the former president.Several of these emails appeared as evidence in the indictment of Mr. Trump, including some that showed lawyers and the false electors they were seeking to recruit expressing reservations about whether the plan was honest or even legal.“We would just be sending in ‘fake’ electoral votes to Pence so that ‘someone’ in Congress can make an objection when they start counting votes, and start arguing that the ‘fake’ votes should be counted,” a lawyer based in Phoenix who helped organize the pro-Trump electors in Arizona wrote to Mr. Epshteyn on Dec. 8, 2020.In another example, Mr. Chesebro wrote to Mr. Giuliani that two electors in Arizona “are concerned it could appear treasonous.”At one point, the indictment quotes from a redacted message sent by an Arizona lawyer on Dec. 8, 2020, that reads, “I just talked to the gentleman who did that memo, [Co-Conspirator 5]. His idea is basically. …”Jeffrey Clark appears to be a close match to Co-Conspirator 4, who is described in the charges as a Justice Department official who worked on civil matters and plotted with Mr. Trump.Kenny Holston/The New York TimesAn unredacted version of that email obtained by The Times has the name “Ken Cheseboro” in the place of Co-Conspirator 5.The indictment also cites a legal memo dated Nov. 18, 2020, that proposed recruiting a group of Trump supporters who would meet and vote as purported electors for Wisconsin. The court filing describes it as having been drafted by Co-Conspirator 5. That memo, also obtained by The Times, shows it was written by Mr. Chesebro.A separate email, reviewed by The Times, gives a hint that Mr. Epshteyn could be Co-Conspirator 6.The email — bearing a subject line reading, “Attorney for Electors Memo” — was sent on Dec. 7, 2020, to Mr. Giuliani and Mr. Giuliani’s son, Andrew.“Dear Mayor,” it reads. “As discussed, below are the attorneys I would recommend for the memo on choosing electors,” adding the names of lawyers in seven states.Paragraph 57 of the indictment asserts that Co-Conspirator 1, or Mr. Giuliani, spoke with Co-Conspirator 6 about lawyers who “could assist in the fraudulent elector effort in the targeted states.”It also says that Co-Conspirator 6 sent an email to Mr. Giuliani “identifying attorneys in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin” — the same seven states mentioned in the email reviewed by The Times.Maggie Haberman More

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    Jan. 6 Panel Accuses Trump of Insurrection and Refers Him to Justice Dept.

    WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol accused former President Donald J. Trump on Monday of inciting insurrection, conspiracy to defraud the United States, obstruction of an act of Congress and one other federal crime as it referred him to the Justice Department for potential prosecution.The action, the first time in American history that Congress has referred a former president for criminal prosecution, is the coda to the committee’s 18-month investigation into Mr. Trump’s effort to overturn the 2020 election that culminated in a violent mob of the former president’s supporters laying siege to the Capitol.The criminal referrals were a major escalation for a congressional investigation that is the most significant in a generation. The panel named five other Trump allies — Mark Meadows, his final chief of staff, and the lawyers Rudolph W. Giuliani, John Eastman, Jeffrey Clark and Kenneth Chesebro — as potential co-conspirators with Mr. Trump in actions the committee said warranted Justice Department investigation. The charges, including a fourth for Mr. Trump of conspiracy to make a false statement, would carry prison sentences, some of them lengthy, if federal prosecutors chose to pursue them.The committee’s referrals do not carry legal weight or compel any action by the Justice Department, which is conducting its own investigation into Jan. 6 and the actions of Mr. Trump and his allies leading up to the attack. But the referrals sent a powerful signal that a bipartisan committee of Congress believes the former president committed crimes.A Justice Department spokesman declined to comment on the referrals.Mr. Trump attacked the committee as “highly partisan” ahead of a final meeting the panel held on Monday to release an executive summary of its final report on the Capitol attack and to vote on referring the former president to the Justice Department.“It’s a kangaroo court,” Mr. Trump said Monday on “The Dan Bongino Show.” “The people aren’t going to stand for it.” He elaborated on that theme in a post on Truth Social, his social media network, after the meeting.“These folks don’t get it that when they come after me, people who love freedom rally around me. It strengthens me,” he said, adding that he “told everyone to go home” on Jan. 6, but leaving out his hours of inaction before that while a mob of his supporters rampaged through the Capitol.Republicans, who have vowed to investigate the committee after they take control of the House in January, mounted a modest response. Representative Elise Stefanik of New York, the No. 3 House Republican, was one of the few to react with a statement, accusing the committee of staging a “partisan charade.” She promised that Republicans “will hold House Democrats accountable for their illegitimate abuse of power.”The executive summary, a 154-page narrative of Mr. Trump’s relentless drive to remain in power after he lost the 2020 election by seven million votes, identifies co-conspirators who aided Mr. Trump. But it singles out the former president as the primary cause of the mob violence.“That evidence has led to an overriding and straightforward conclusion: The central cause of Jan. 6 was one man, former President Donald Trump, who many others followed,” the summary stated. “None of the events of Jan. 6 would have happened without him.”Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.The summary closely follows the evidence from the committee’s 10 previous public hearings, but the facts have been assembled into a readable narrative that amounts to an astonishing story of Mr. Trump’s efforts to effectively overthrow the government he led. The committee is expected to release a lengthy final report on Wednesday.“Every president in our history has defended this orderly transfer of authority, except one,” Representative Liz Cheney, the Wyoming Republican and vice chairwoman of the committee, said at the start of the meeting.Representative Jamie Raskin, Democrat of Maryland and a member of the committee, said of Mr. Trump: “Nothing could be a greater betrayal of this duty than to assist in insurrection against the constitutional order.”The action is the culmination of the committee’s intense 18-month investigation into former President Donald J. Trump’s effort to overturn the 2020 election.Haiyun Jiang/The New York TimesThe summary and referrals have now set up a dynamic without parallel in the annals of American campaigns: Congress asking the Justice Department of an incumbent president to consider criminal charges against the president’s potential opponent in the next election. President Biden has indicated his intent to run in 2024, and Mr. Trump announced his re-election campaign last month.The summary laid out step by step how Mr. Trump sought to cling to power, much as the committee did during its televised hearings in the summer. First, the summary said, Mr. Trump lied about widespread fraud, despite being told his claims were false. He then organized false slates of electors in states won by Mr. Biden as he pressured state officials, the Justice Department and Vice President Mike Pence to overturn the election. Finally, he amassed a mob of his supporters to march on the Capitol, where they engaged in hours of bloody violence while Mr. Trump did nothing to call them off.“Even key individuals who worked closely with President Trump to try to overturn the 2020 election on Jan. 6 ultimately admitted that they lacked actual evidence sufficient to change the election result, and they admitted that what they were attempting was unlawful,” the committee wrote.“Every president in our history has defended this orderly transfer of authority, except one,” said Representative Liz Cheney, Republican of Wyoming.Haiyun Jiang/The New York TimesThe panel also referred four Republican members of Congress to the House Ethics Committee — including the man seeking to become the next speaker, Representative Kevin McCarthy of California — because of their refusal to comply with the panel’s subpoenas.Mr. McCarthy’s office did not respond to a request for comment.The other Republicans referred were Representatives Jim Jordan of Ohio, Scott Perry of Pennsylvania and Andy Biggs of Arizona.A spokesman for Mr. Jordan, Russell Dye, said in a statement that the referral was “just another partisan and political stunt.” A spokesman for Mr. Perry, Jay Ostrich, said the committee was engaged in “more games from a petulant and soon-to-be kangaroo court.’’Mr. Biggs said in a tweet that the referral was the committee’s “final political stunt” and that he looked forward to “reviewing their documents, publishing their lies and setting the record straight” in the next Congress.In its summary, the committee did not entirely resolve disputed accounts of what happened inside the presidential S.U.V. when Mr. Trump was told by his Secret Service agents that they could not take him to the Capitol to join the crowd on Jan. 6. Cassidy Hutchinson, a former White House aide, testified under oath to the committee in public last summer that Anthony M. Ornato, a White House deputy chief of staff, told her that Mr. Trump grew so angry that he lunged at his Secret Service agent and tried to grab the steering wheel. The Secret Service denied that account anonymously.The summary said only that the “committee has now obtained evidence from several sources about a ‘furious interaction’” that occurred in the S.U.V. “The vast majority of witnesses who have testified to the select committee about this topic, including multiple members of the Secret Service, a member of the Metropolitan Police and national security officials in the White House, described President Trump’s behavior as ‘irate,’ ‘furious,’ ‘insistent,’ ‘profane’ and ‘heated.’”The committee’s summary also concluded that there was no nefarious reason for why the National Guard was delayed for hours in responding to violence of Jan. 6.“Although evidence identifies a likely miscommunication between members of the civilian leadership in the Department of Defense impacting the timing of deployment, the committee has found no evidence that the Department of Defense intentionally delayed deployment of the National Guard,” the committee wrote. “The select committee recognizes that some at the department had genuine concerns, counseling caution, that President Trump might give an illegal order to use the military in support of his efforts to overturn the election.”In its summary, the panel asked the Justice Department to investigate whether anyone had interfered with or obstructed the panel’s investigation, including whether any lawyers paid for by groups connected to Mr. Trump “may have advised clients to provide false or misleading testimony to the committee.”Among the committee’s findings, revealed at its meeting on Monday, was that lawmakers became concerned that lawyers who were paid by Trump associates may have tried to interfere with the panel’s investigation. The panel also learned that a client was offered potential employment that would make her “financially very comfortable” as the date of her testimony approached. But then offers were withdrawn or did not materialize as reports of the content of her testimony circulated, the committee said.The committee also chastised certain witnesses that it said had not been forthright with investigators. It said it had “significant concerns about the credibility” of the testimony of Mr. Ornato.The committee also said Kayleigh McEnany, one of Mr. Trump’s former press secretaries, and Ivanka Trump, the president’s elder daughter, had been less than forthcoming.The summary demonstrated, as the committee’s hearings did, how despite being told repeatedly that his claims of election fraud were false, Mr. Trump kept up the lies.Bill Stepien, a former White House political director, told the committee how he and others would investigate the claims, find them to be false, and report back to the president. “It’s an easier job to be telling the president about, you know, wild allegations,” Mr. Stepien said. “It’s a harder job to be telling him on the back end that, yeah, that wasn’t true.”The summary also contained evidence that certain White House aides had grown concerned about the potential for violence on Jan. 6 and urged Mr. Trump to make a pre-emptive statement calling for peace. No such statement was made.Hope Hicks, a former White House communications director, said she suggested “several times” on Jan. 4 and 5 that Mr. Trump “publicly state that Jan. 6 must remain peaceful, and that he had refused her advice to do so,” the panel wrote.The panel played new video from Ms. Hicks, who described a conversation with Mr. Trump.“I was becoming increasingly concerned that we were damaging his legacy,” Ms. Hicks said she told the president.Mr. Trump’s response? “Nobody will care about my legacy if I lose, so that won’t matter. The only thing that matters is winning,” she recalled him saying.Supporters of Mr. Trump confronting Capitol Police officers outside the Senate chamber on Jan. 6, 2021.Erin Schaff/The New York TimesWhile the executive summary of the report focused heavily on Mr. Trump, it did conclude some findings about law enforcement failures, a topic not previously addressed at the panel’s hearings. “No analysis recognized the full scale and extent of the threat to the Capitol on Jan. 6,” the committee wrote, although the “intelligence community and law enforcement agencies did successfully detect the planning for potential violence on Jan. 6, including planning specifically by the Proud Boys and Oath Keeper militia groups who ultimately led the attack on the Capitol.”Over the past year and a half, the committee interviewed more than 1,000 witnesses, obtained more than one million documents, issued more than 100 subpoenas and held hearings that drew millions of viewers.The House created the Jan. 6 committee after Senate Republicans used a filibuster to defeat a proposal to create an independent commission to investigate the attack.The committee — made up of seven Democrats and two Republicans — consistently broke new ground for a congressional investigation. Staffed with more than a dozen former federal prosecutors, the panel set a new production standard for how to hold a congressional hearing. It also got significantly ahead of a parallel Justice Department investigation into the events of Jan. 6, with federal prosecutors later interviewing many of the same witnesses Congress had spoken to.In recent weeks, federal prosecutors under the supervision of a special counsel have issued subpoenas to officials in seven states in which the Trump campaign organized electors to falsely certify the election for Mr. Trump despite the voters choosing Mr. Biden.Lawmakers on the panel also believe they played a significant role in elevating the issue of threats to democracy to voters, who rejected many election deniers in the November midterms.In terms of legislative recommendations, the panel has already endorsed overhauling the Electoral Count Act, the law that Mr. Trump and his allies tried to exploit on Jan. 6 in an attempt to cling to power. Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office. Those recommendations are expected to be detailed in the committee’s final report.Katie Benner More

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    Lawyers Ask Court to Sanction Kenneth Chesebro Over Trump Fake Electors Scheme

    An ethics complaint in New York against Kenneth Chesebro is the latest example of legal troubles for lawyers who helped Donald J. Trump try to overturn the 2020 election.WASHINGTON — In the emerging history of how a small group of lawyers aided former President Donald J. Trump’s attempt to stay in power despite losing the 2020 election, Kenneth Chesebro has received far less attention than others like Rudolph W. Giuliani and John Eastman.But documents show that Mr. Chesebro played a central part in developing the idea of having Trump supporters pretend to be electors from states won by Joseph R. Biden Jr., then claiming that Vice President Mike Pence had the power to cite the purported existence of rival slates to delay counting or to discard real Electoral College votes for Mr. Biden on Jan. 6, 2021.On Wednesday, several dozen prominent legal figures submitted an ethics complaint to the Supreme Court of New York’s attorney grievance committee, calling Mr. Chesebro “the apparent mastermind behind key aspects of the fake elector ploy” and accusing him of conspiring “with Mr. Giuliani, Mr. Eastman and others to subvert our democracy.”The complaint said Mr. Chesebro had acted with “dishonesty, fraud, deceit or reckless or intentional misrepresentation” in violation of rules of conduct for lawyers who, like him, are licensed to practice in New York.The request was organized by Lawyers Defending American Democracy; a similar request by the group helped lead to the suspension of Mr. Giuliani’s law license in June 2021 and to a continuing investigation by the State Bar of California into Mr. Eastman. The complaint against Mr. Chesebro did not explicitly call for him to lose his license but asked for an investigation and “appropriate sanctions.”Adam S. Kaufmann, a lawyer for Mr. Chesebro, condemned the complaint against his client, warning that it was dangerous to attack lawyers for providing legal theories to political candidates. Drawing on a 1960 precedent involving a close vote in Hawaii, he said Mr. Chesebro was offering the Trump campaign advice for “keeping its options open” through Jan. 6 as a “contingency” in case the courts found electoral fraud in any of the swing states where Mr. Trump’s team was disputing the outcome.The idea that Mr. Pence could delay or block the electoral vote count on Jan. 6 was a key part of the events leading to the attack on the Capitol by Trump supporters. Some of those supporters chanted “Hang Mike Pence” because the vice president — whose lawyers told him there was no legal basis for him to delay or discard the official state-certified votes for Mr. Biden — rejected Mr. Trump’s pressure to do so anyway.On Nov. 18, 2020, Mr. Chesebro wrote the earliest known memo putting forward a proposal for having a slate of Trump supporters purport to be electors, in that case for Wisconsin. He expanded the proposal for other states, including in a letter to Mr. Giuliani on Dec. 13, 2020.An email by a Trump campaign lawyer in Arizona on Dec. 8, 2020, cited Mr. Chesebro as having had the idea for “sending in ‘fake’ electoral votes to Pence,” even though they would not be legal because the governor had not signed them..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.The complaint filed on Wednesday characterized Mr. Chesebro as a participant and not only a supplier of theories, referring to his help with a fake electors effort in Georgia, one of the swing states Mr. Biden won. Mr. Chesebro has fought a subpoena to testify before a grand jury in Fulton County, Ga., where a prosecutor is investigating efforts to overturn the election results there.Mr. Kaufmann said the only communication Mr. Chesebro had with anyone in Georgia regarding alternate electors was sending ballot forms to a state Republican leader.Mr. Eastman wrote two memos laying out steps that could result in Mr. Trump being declared the winner of the election that hinged on a disputed claim about Mr. Pence and alternate “electors.” Mr. Chesebro helped edit the first, emails obtained by the Jan. 6 committee show.The complaint says that “while Mr. Eastman and Mr. Giuliani have received more attention, the public record amply demonstrates Mr. Chesebro’s central role. As the original author of the fake elector scheme, Mr. Chesebro bears special responsibility for it and its consequences.”In an email exchange with Mr. Eastman on Dec. 24, 2020, Mr. Chesebro also wrote that the odds of a Supreme Court intervention would “become more favorable if the justices start to fear that there will be ‘wild’ chaos on Jan. 6 unless they rule by then, either way.”Another organization, The 65 Project, filed a similar ethics complaint against Mr. Chesebro in July. The group has filed complaints against about 55 lawyers associated with aspects of Mr. Trump’s efforts to overturn the election. There has been no public sign of action in response to its complaint about Mr. Chesebro, but its director Michael Teeter, said on Wednesday that an investigator has been assigned to it.The new filing was distinguished by a list of high-profile legal figures who endorsed it, such as past presidents of the New York State Bar Association and of the American Bar Association, retired judges, current and former deans of major law schools, and other legal scholars and prominent lawyers.Among them was Laurence H. Tribe, a liberal Harvard Law School professor. He said in an interview that as a law student in the mid-1980s, Mr. Chesebro had been one of his research assistants and continued to help him with volunteer litigation after graduating — including when Mr. Tribe represented Vice President Al Gore before the Supreme Court in the disputed 2000 election.Mr. Tribe said he attended Mr. Chesebro’s wedding and once considered him a friend, but then gradually came to see him as an “ideological chameleon” who had adopted “the posture he thought would appeal to me” and “came to distrust Ken’s sense of boundaries and his moral compass.” More

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    Georgia Governor Seeks to Keep Distance From Trump Inquiry

    ATLANTA — Gov. Brian Kemp was one of the Georgia Republican officials who declined to help Donald J. Trump overturn his 2020 election loss in the state — a decision that had him hailed as a hero in some quarters.And yet, on Thursday, Mr. Kemp’s lawyers showed up in an Atlanta courtroom to argue that the governor should not have to help with the ongoing criminal investigation into election meddling by testifying before a special grand jury. Mr. Kemp’s legal team has accused Fani T. Willis, a Democrat and the local prosecutor leading the inquiry, of politicizing the investigation, and wants any testimony to take place after the polls close on his re-election bid in November.In a sign of how widely her case is expanding, Ms. Willis also moved on Thursday to compel testimony from a number of additional Trump advisers, including Mark Meadows, his former chief of staff in the White House, and Sidney Powell, a lawyer who advanced the most aggressive conspiracy theories falsely claiming that the 2020 election was stolen. And Ms. Willis indicated in court filings that her investigation now encompasses “an alleged breach of elections data” in rural Coffee County, Ga., which was part of a larger effort by Trump allies to infiltrate elections systems in swing states.In court, the lawyers for Mr. Kemp made a number of arguments as to why he should not have to comply with the subpoena at all, but they were received skeptically by Judge Robert C.I. McBurney of Fulton County Superior Court, who did not immediately make a ruling.“The governor doesn’t think he’s beyond any reach of law, but he’s just beyond the reach of this particular subpoena,” said S. Derek Bauer, one of Mr. Kemp’s lawyers.Mr. Kemp, who is locked in a tight race for re-election with Stacey Abrams, a Democrat, has tried to maintain a difficult balancing act since falling out of Mr. Trump’s good graces. The former president soured on Mr. Kemp in 2020 after the governor declined Mr. Trump’s request to call a special session of the Georgia Legislature so that a group of pro-Trump electors could be named in place of the legitimate ones earned by Joseph R. Biden Jr., who defeated Mr. Trump by just under 12,000 votes in the state.Jenna Ellis, a lawyer for Mr. Trump, was scheduled to testify before the grand jury in Atlanta on Thursday.Tom Williams/Getty ImagesAt one point, Mr. Trump called Mr. Kemp “the worst ‘election integrity’ governor in the country.”Since then, even as his name elicited torrents of boos from the Trump faithful at rallies and Republican events, Mr. Kemp has found a way to stay alive politically. In May, he crushed Mr. Trump’s handpicked Republican primary candidate, David Perdue, the former U.S. senator, by focusing on his record of conservative policy accomplishments and economic success, and largely avoiding the topic of Mr. Trump.But the general election fight presents its own complex series of calculations. Though polling in recent months has shown Mr. Kemp leading Ms. Abrams, she is a formidable fund-raiser hoping to ride a wave of changing demographics and fresh concerns about Republican overreach on issues like abortion.Charles S. Bullock III, a professor of political science at the University of Georgia, said Mr. Kemp might be wary of turning off some centrist voters, but the deeper risk could be turning off Mr. Trump’s considerable base in Georgia.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

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    The Fake Electors Scheme, Explained

    The plan to reverse the outcome of the 2020 election by creating slates of electors pledged to Donald Trump in states he had lost was expansive, long-running and often confusing.The brazen plan to create false slates of electors pledged to former President Donald J. Trump in seven swing states that were actually won by Joseph R. Biden Jr. was arguably the longest-running and most expansive of the multiple efforts by Mr. Trump and his allies to overturn the results of the 2020 election.It was also one of the most confusing, involving a sprawling cast of pro-Trump lawyers, state Republican officials and White House aides in an effort that began before some states had even finished counting their ballots. It culminated in the campaign to pressure Vice President Mike Pence to use the false slates to subvert congressional certification of the outcome on Jan. 6, 2021 — and in the violent attack on the Capitol that unfolded as he refused to do so.The scheme had a vague historical precedent and was rooted, at least in theory, in a post-Reconstruction Era law designed to address how to handle disputed elections. But it was deemed illegal by Mr. Trump’s own White House Counsel’s Office. Even some of the lawyers who helped come up with the idea referred to it as fake and acknowledged that it was of dubious legality, according to a cache of email messages brought to light by The New York Times.The fake electors tactic caught the attention of state law enforcement officials around the beginning of this year, and soon became a focus of the inquiry being conducted by the House select committee investigating the events of Jan. 6.The plan has also figured prominently in an investigation that an Atlanta-area prosecutor is conducting into Mr. Trump’s alleged election meddling. And it is at the heart of the Justice Department’s own wide-ranging Jan. 6 inquiry.Here is a look at the plan: where it came from; how it was meant to work; the various inquiries it has now become a part of; and the ways in which it could serve to implicate Mr. Trump in criminal activity.Vice President Richard M. Nixon campaigned in Hilo, Hawaii, during the presidential race of 1960. A dispute over the outcome there was cited by Trump allies in developing slates of so-called alternate electors after the 2020 race.Associated PressHawaii, 1960, Provided the Template In one of the first legal memos laying out the details of the fake elector scheme, a pro-Trump lawyer named Kenneth Chesebro justified the plan by pointing to an odd episode in American history: a quarrel that took place in Hawaii during the 1960 presidential race between Senator John F. Kennedy and Vice President Richard M. Nixon.The results of the vote count in Hawaii remained in dispute — by about 100 ballots — even as a crucial deadline for the Electoral College to meet and cast its votes drew near. A recount was underway but it did not appear as though it would be completed by the time the Electoral College was expected to convene, on Dec. 19, 1960.(The winner of the popular vote in nearly all of the states is allocated all of that state’s electors, which are apportioned based on population. Maine and Nebraska are the exceptions; they allocate their electors based on the winners in congressional districts. To win the presidency, a candidate has to win a majority of the 538 total electoral votes.)Key Revelations From the Jan. 6 HearingsCard 1 of 9Making a case against Trump. More