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    D.C. Bar Moves to Penalize Jeffrey Clark, Who Aided Trump in Election Plot

    A D.C. Bar office filed a complaint against Jeffrey Clark, the former Justice Department official who worked to undo the results of the 2020 election.WASHINGTON — A disciplinary board is moving to penalize Jeffrey Clark, the former Justice Department official who worked to undo the results of the 2020 election, including the possibility of disbarment.A complaint filed this week by the D.C. Bar’s Office of Disciplinary Counsel, which governs lawyers in Washington, accused Mr. Clark of interfering in the administration of justice in his bid to keep President Donald J. Trump in power.The ethics complaint comes as the Justice Department’s watchdog and federal prosecutors are also scrutinizing Mr. Clark for his efforts to wield the department’s authority to falsely persuade election officials and the American public that Mr. Trump had won the presidential race.Mr. Clark “attempted to engage in conduct involving dishonesty” and “attempted to engage in conduct that would seriously interfere with the administration of justice,” the complaint said.Once Mr. Clark receives the complaint, he has 20 days to respond to the accusations, according to a filing by the D.C. Bar. Mr. Clark and his lawyers can present evidence in his defense and cross-examine witnesses. Should he lose his case, the board could ultimately strip him of his law license.The Trump InvestigationsCard 1 of 8Numerous inquiries. More

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    No One Is Above the Law, and That Starts With Donald Trump

    In a 2019 ruling requiring the former White House counsel Don McGahn to testify at a congressional hearing about former President Donald Trump’s alleged abuses of power, Judge Ketanji Brown Jackson declared that “presidents are not kings.” If we take that admonition from our next Supreme Court justice seriously and look at the evidence amassed so far by the House select committee on the Jan. 6 attack, we can — and in fact must — conclude that the prosecution of Mr. Trump is not only permissible but required for the sake of American democracy.This week’s hearings showed us that Mr. Trump acted as if he thought he was a king, not a president subject to the same rules as the rest of us. The hearings featured extraordinary testimony about the relentless pressure to subvert the 2020 election that the former president and his allies brought against at least 31 state and local officials in states he lost, like Michigan, Arizona, Georgia and Pennsylvania. He or his allies twisted the arm of everyone from top personnel at the U.S. Department of Justice to lower-level election workers.The evidence and the testimony offered demonstrates why Attorney General Merrick Garland’s Justice Department should convene a grand jury now, if it hasn’t already, to consider indicting Mr. Trump for crimes related to his attempt to overturn the results of the election, before he declares his candidacy for president in 2024, perhaps as early as this summer.Although a Trump prosecution is far from certain to succeed, too much focus has been put on the risks of prosecuting him and too little on the risks of not doing so. The consequences of a failure to act for the future of democratic elections are enormous.There’s no denying that prosecuting Mr. Trump is fraught with legal difficulties. To the extent that charges like obstructing an official proceeding or conspiring to defraud the United States turn on Mr. Trump’s state of mind — an issue on which there is significant debate — it may be tough to get to the bottom of what he actually believed, given his history of lying and doubling down when confronted with contrary facts. And Mr. Trump could try to shift blame by claiming that he was relying on his lawyers — including John Eastman and Rudy Giuliani — who amplified the phony claims of fraud and who concocted faulty legal arguments to overturn the results of the election. Mr. Trump could avoid conviction if there’s even one juror who believes his repeated lies about the 2020 election.And yes, there are political difficulties too. The “Lock her up!” chants against Hillary Clinton at 2016 Trump rallies for her use of a personal email server while she was secretary of state were so pernicious because threatening to jail political enemies can lead to a deterioration of democratic values. If each presidential administration is investigating and prosecuting the last, respect for both the electoral process and the legal process may be undermined.That concern is real, but if there has ever been a case extreme enough to warrant indicting a president, then this is the case, and Mr. Trump is the person. This is not just because of what he will do if he is elected again after not being indicted (and after not being convicted following a pair of impeachments, one for the very conduct under discussion), but also because of the message it sends for the future.Leaving Mr. Trump unprosecuted would be saying it was fine to call federal, state and local officials, including many who have sworn constitutional oaths, and ask or even demand of them that they do his personal and political bidding.The testimony from the hearings reveals a coordinated and extensive plot to overturn the will of the people and install Mr. Trump as president despite Joe Biden winning the election by 74 Electoral College votes (not to mention a margin of about seven million in the popular vote). There was political pressure, and sometimes threats of violence, across the board. Mr. Trump and his cronies hounded poll workers and election officials to admit to nonexistent fraud or to recount votes and change vote totals.Wandrea Moss, known as Shaye, a former Georgia election worker, testified Tuesday about the harassment and violent threats she faced after Trump allies accused her and her mother of election fraud. As The Associated Press reported, one of Mr. Trump’s lawyers, Mr. Giuliani, pointed to surveillance video of the two women working on ballot counting and “said the footage showed the women ‘surreptitiously passing around USB ports as if they are vials of heroin or cocaine.’” The “USB ports” turned out to be ginger mints.It is no wonder that election workers and election officials are leaving their offices in fear of violence and harassment.Former top Department of Justice officials in the Trump administration testified on Thursday about pressure from Mr. Trump, in collusion with a lower-level department official named Jeffrey Clark, to issue a letter falsely claiming evidence of significant fraud in the elections. We heard in Thursday’s hearing that Mr. Trump, in a meeting that echoed his earlier role as boss on the television show “The Apprentice,” almost fired the attorney general, Jeffrey Rosen, to replace him with Mr. Clark, who had no experience in either criminal law or election law.The confirmation by the Department of Justice under Mr. Clark of this “fraud” would have served as a predicate for state legislators, also pressured by Mr. Trump and his allies, to “decertify” Biden electors and conjure up a new slate of electors supporting Mr. Trump.The pressure did not stop there. An earlier committee hearing recounted severe pressure from Mr. Trump on Vice President Mike Pence to manipulate the rules for Congress to count electoral votes, a plan that depended on members of Congress supporting spurious objections to the Electoral College votes in states that Mr. Biden won.Mr. Trump also whipped up the Jan. 6 crowd for “wild” protests and encouraged it to join him in pressuring Mr. Pence to violate his constitutional oath and manipulate the Electoral College count.In his testimony on Tuesday before the Jan. 6 committee, the speaker of the Arizona House, Rusty Bowers, described the intense barrage coming at him from calls from Mr. Trump and his allies, and from Trump supporters who protested outside his house and threatened his neighbor with violence. But Mr. Bowers compared the Trump crew to the book “The Gang That Couldn’t Shoot Straight” because they failed to come forward with a plausible plan to overturn the election results in Arizona or elsewhere.Seeing the group as bumbling, though, minimizes the danger of what Mr. Trump and his allies attempted and downplays how deadly serious this was: As Representative Adam Schiff, a member of the committee, noted, the country “barely” survived Mr. Trump’s attempt at election subversion, which could have worked despite the legal and factual weaknesses in the fraud claims.What if people of less fortitude than Mr. Bowers and others caved? Consider Brad Raffensperger, the secretary of state in Georgia, who also testified on Tuesday about pressure from the Trump team. He described a direct phone call from a man who was then the sitting president prodding him to “find” 11,780 votes to flip Georgia from Mr. Biden to Mr. Trump. What if, instead of rebuffing Mr. Trump, Mr. Raffensperger declared that he felt there were enough questions about the vote count in Democratic counties in Georgia to warrant the legislature’s appointment of new electors, as Mr. Trump had urged?If even one of these officials had cooperated, the dikes could have broken, and claims in state after state could have proliferated.There’s no question that Mr. Trump tried to steal the election. Richard Donoghue, a top official at the Department of Justice serving during the postelection period, testified on Thursday that he knocked down with extensive evidence every cockamamie theory of voter fraud that Mr. Trump and his allies raised, but to no avail. He testified that there were nothing but “isolated” instances of fraud, the same conclusion reached by the former attorney general, Bill Barr.Mr. Bowers testified that when he demanded evidence from Mr. Giuliani, Mr. Giuliani said he had theories, but no evidence. The president appears to have known it too. According to Mr. Donoghue’s handwritten notes of his conversation with Mr. Trump, when confronted with the lack of evidence of fraud, the former president said, “Just say the election was corrupt” and “leave the rest to me” and the Republican congressmen. The president even talked about having the federal government seize voting machines, perhaps in an attempt to rerun the election.The longer Mr. Garland waits to bring charges against Mr. Trump, the harder it will be, especially if Mr. Trump has already declared for president and can say that the prosecution is politically motivated to help Democrats win in 2024. The fact that federal investigators conducted a search for evidence at the home of Mr. Clark shows that the department is working its way ever closer to the former president.What Mr. Trump did in its totality and in many individual instances was criminal. If Mr. Garland fails to act, it will only embolden Mr. Trump or someone like him to try again if he loses, this time aided by a brainwashed and cowered army of elected and election officials who stand ready to steal the election next time.Mr. Trump was the 45th president, not the first American king, but if we don’t deter conduct like this, the next head of state may come closer to claiming the kind of absolute power that is antithetical to everything the United States stands for.Richard L. Hasen (@rickhasen), who will join the University of California, Los Angeles, as a professor of law in July, is the author of “Cheap Speech: How Disinformation Poisons Our Politics — and How to Cure It.” In 2020, he proposed a 28th Amendment to the Constitution to defend and expand voting rights.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    5 Takeaways From Thursday’s Jan. 6 Hearing

    The House committee’s fifth hearing focused on President Donald J. Trump’s attempts to harness the powers of the Justice Department to remain in office. Relying on testimony of three former top Justice Department officials who played central roles in the episode, the committee laid out in detail how Mr. Trump and his allies in the department and on Capitol Hill sought to install a loyalist atop the Justice Department and reverse the election results from a key swing state.Here are five key takeaways.It was the most blatant attempt to use the Justice Department for political ends at least since Watergate.Mr. Trump aggressively pursued a plan to install as acting attorney general a little-known Justice Department official, Jeffrey Clark, who was prepared to take actions to reverse the election results. As they fought to head off the move, a group of White House lawyers and the leadership of the Justice Department feared that the plan was so ill-conceived and dishonest that it would have spiraled the country into a constitutional crisis if it had succeeded.The president came so close to appointing Mr. Clark that the White House had already begun referring to him as the acting attorney general in call logs from Jan. 3, 2021. Later that day, Mr. Trump had a dramatic Oval Office showdown with top Justice Department officials and White House lawyers, who told Mr. Trump that there would be a “graveyard” at the Justice Department if he appointed Mr. Clark because so many top officials would resign.In the meeting, Mr. Trump chastised the acting attorney general, Jeffrey A. Rosen, for refusing to do more to help him find election fraud. Only after hours of argument — partly about the lack of substance behind Mr. Trump’s claims of election fraud but also about the political ramifications for him if he took action that led to the exodus of top Justice Department officials — did Mr. Trump relent and back off his plan to replace Mr. Rosen with Mr. Clark.The heart of the scheme was a draft letter to officials in Georgia.At the center of the plan was a letter drafted by Mr. Clark and another Trump loyalist that they hoped to send to state officials in Georgia. The letter falsely asserted that the department had evidence of election fraud that could lead the state to rethink its certification of Joseph R. Biden Jr.’s victory there. The letter recommended that the state call its legislature into session to study allegations of election fraud and consider naming an alternate slate of electors pledged to Mr. Trump.The department’s top officials and Mr. Trump’s legal team in the White House were all appalled by the letter because it would be giving the imprimatur of the nation’s top law enforcement agencies to claims of election fraud that the department had repeatedly investigated and found baseless. The letter was so outrageous that a top White House lawyer, Eric Herschmann, testified that he told Mr. Clark that if he became attorney general and sent the letter he would be committing a felony.The Justice Department’s acting deputy attorney general, Richard P. Donoghue, testified at the hearing that sending it would have been tantamount to the Justice Department intervening in the outcome of the election.“For the department to insert itself into the political process this way, I think would have had grave consequences for the country,” Mr. Donoghue said. “It may have spiraled us into a constitutional crisis.”Trump would not give up on his claims of fraud.Time after time, the White House brought baseless and sometimes preposterous claims of election fraud — including internet conspiracy theories — to Justice Department officials so that they could use the nation’s law enforcement powers to investigate them. And time after time, the department and the F.B.I. found the claims had no validity.The pattern became so extraordinary that at one point the White House chief of staff, Mark Meadows, sent a YouTube video to department officials from Representative Scott Perry, Republican of Pennsylvania, that claimed an Italian defense contractor uploaded software to a satellite that switched votes from Mr. Trump.A top Defense Department official, Kashyap Patel, followed up with Mr. Donoghue about the claim, and the acting defense secretary, Christopher C. Miller, reached out to a defense attaché in Italy to discuss the claim, which was never substantiated.About 90 minutes after Mr. Donoghue had helped persuade Mr. Trump not to install Mr. Clark as acting attorney general, Mr. Trump would still not let go, calling Mr. Donoghue on his cellphone with another request: to look into a report that an immigration and customs agent in Georgia had seized a truck full of shredded ballots. There turned out to be nothing to it, Mr. Donoghue testified.Trump considered naming a loyalist lawyer as a special counsel.As Mr. Trump searched for any way to substantiate the false fraud claims, he tried to install a loyalist as a special counsel to investigate them. One of Mr. Trump’s personal lawyers, Sidney Powell — who had become a public face of Mr. Trump’s attempts to overturn the election — said in testimony played by the committee that Mr. Trump discussed with her the possibility of taking on that position in December.The committee also played testimony of William P. Barr, who was attorney general until the middle of December 2020, saying that there was no basis to appoint a special counsel. And the committee suggested that the idea was part of the larger effort to cast doubt on the legitimacy of Mr. Biden’s victory and open the door to Congress considering alternate slates of Trump electors from swing states.“So let’s think here, what would a special counsel do?” said Representative Adam Kinzinger, Republican of Illinois, who led the day’s questioning. “With only days to go until election certification, it wasn’t to investigate anything. An investigation, led by a special counsel, would just create an illusion of legitimacy and provide fake cover for those who would want to object, including those who stormed the Capitol on Jan. 6.”Mr. Kinzinger added: “All of President Trump’s plans for the Justice Department were being rebuffed.”Members of Congress sought pardons — and Trump considered the requests.In the days after Jan. 6, several of Mr. Trump’s political allies on Capitol Hill, who had helped stoke the false election claims and efforts to overturn the results, sought pardons from Mr. Trump, who considered granting them, according to testimony on Thursday.Key Revelations From the Jan. 6 HearingsCard 1 of 6Making a case against Trump. More

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    Panel Suggests Trump Knew He Lost the Election, Eyeing Criminal Case

    At the core of the theory of a possible criminal case against former President Donald J. Trump is the argument that he knew he had lost the election and sought to overturn it anyway.WASHINGTON — Shortly after the 2020 election, as ballots were still being counted, the top data expert in President Donald J. Trump’s re-election campaign told him bluntly that he was going to lose.In the weeks that followed, as Mr. Trump continued to insist that he had won, a senior Justice Department official told him repeatedly that his claims of widespread voting fraud were meritless, ultimately warning him that they would “hurt the country.”Those concerns were echoed by the top White House lawyer, who told the president that he would be entering into a “murder-suicide pact” if he continued to pursue extreme plans to try to invalidate the results of the 2020 election.Yet Mr. Trump — time and again — discounted the facts, the data and many of his own advisers as he continued to promote the lie of a stolen election, according to hundreds of pages of exhibits, interview transcripts and email correspondence assembled by the House committee investigating the Jan. 6 attack for a legal filing released late Wednesday.In laying out the account, the panel revealed the basis of what its investigators believe could be a criminal case against Mr. Trump. At its core is the argument that, in repeatedly rejecting the truth that he had lost the 2020 election — including the assertions of his own campaign aides, White House lawyers, two successive attorneys general and federal investigators — Mr. Trump was not just being stubborn or ignorant about his defeat, he was knowingly perpetrating a fraud on the United States.It is a bold claim that could be difficult to back up in court, but in making it, the House committee has compiled an elaborate narrative of Mr. Trump’s extraordinary efforts to cling to power.In it, Mr. Trump emerges as a man unable — or unwilling — to listen to his advisers even as they explain to him that he has lost the election, and his multiple and varied claims to the contrary are not grounded in fact.At one point, Mr. Trump did not seem to care whether there was any evidence to support his claims of election fraud, and questioned why he should not push for even more extreme steps, such as replacing the acting attorney general, to challenge his loss.“The president said something to the effect of: ‘What do I have to lose? If I do this, what do I have to lose?’” Richard P. Donoghue, a former top Justice Department official, told the committee in an interview. “And I said: ‘Mr. President, you have a great deal to lose. Is this really how you want your administration to end? You’re going hurt the country.’”Pat A. Cipollone, the White House counsel, also tried to get Mr. Trump to stop pursuing baseless claims of fraud. He pushed back against a plan from a rogue Justice Department lawyer, Jeffrey Clark, who wanted to distribute official letters to multiple state legislatures falsely alerting them that the election may have been stolen and urging them to reconsider certified election results.“That letter that this guy wants to send — that letter is a murder-suicide pact,” Mr. Cipollone told Mr. Trump, according to Mr. Donoghue. “It’s going to damage everyone who touches it. And we should have nothing to do with that letter. I don’t ever want to see that letter again.”The account is part of a court filing in a civil case in California, in which the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had evidence demonstrating that Mr. Trump, the lawyer John Eastman and other allies could be charged with obstructing an official proceeding of Congress, conspiracy to defraud the American people and common law fraud.The committee’s filing shows how some of Mr. Trump’s aides and advisers repeatedly — and passionately — tried to get him to back down from his various false claims and plans to try to stay in power.It started almost immediately after the polls closed in November 2020, when members of Mr. Trump’s campaign data team began trying to break through to the president to impress upon him that he had been defeated.During a conversation in the Oval Office, Mr. Trump’s lead campaign data guru “delivered to the president in pretty blunt terms that he was going to lose,” Jason Miller, another top campaign aide, told the panel. The president said he disagreed with the data expert’s analysis, Mr. Miller said, because he thought he could win in court.Mr. Miller also told the committee that he agreed with Attorney General William P. Barr’s analysis that there had not been widespread fraud in the election, and “said that to the president on multiple occasions,” the panel wrote in its filing.In the chaotic postelection period, Mr. Trump’s legal team set up a hotline for fraud allegations and was flooded with unverified accounts from people across the country who claimed they had evidence. A Postal Service truck driver from Pennsylvania asserted without evidence that his 18-wheeler had been filled with phony ballots. Republican voters in Arizona complained that some of their ballots had not been counted because they used Sharpie pens that could not be read by voting machines.Mr. Trump appeared to be aware of many of these reports, and would speak about them often with aides and officials, raising various theories about voting fraud even as they debunked them one by one.“When you gave him a very direct answer on one of them, he wouldn’t fight us on it,” Mr. Donoghue, the Justice Department official, told the committee. “But he would move to another allegation.”Mr. Donoghue recalled, for instance, how he told Mr. Trump that Justice Department investigators had looked into, and ultimately discounted, a claim that election officials in Atlanta had wheeled a suitcase full of phony ballots into their counting room on Election Day.Instead of accepting Mr. Donoghue’s account, Mr. Trump abruptly switched subjects and asked about “double voting” and “dead people” voting, then moved on to a completely different claim about how, he said, “Indians are getting paid” to vote on Native American reservations.Richard P. Donoghue, a former top Justice Department official, repeatedly informed Mr. Trump that both his specific and general claims of fraud were false.Richard Drew/Associated PressAfter Mr. Donoghue sought to knock down those complaints as well, he told the committee, Mr. Trump changed topics again and wondered aloud why his numerous legal challenges to the election had not worked.Jeffrey A. Rosen, another top Justice Department lawyer who became the acting attorney general after Mr. Barr left the agency, fielded this question, according to Mr. Donoghue’s account, telling the president that he was “free to bring lawsuits,” but that the department could not be involved.Even though none of Mr. Trump’s persistent claims about election fraud turned out to be true, prosecutors will most likely have to grapple with the question of his state of mind at the time — specifically, the issue of whether he believed the claims were true, said Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The potential case against Trump. More

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    Who Are the Key Figures of Interest in the Jan. 6 Inquiry?

    The list of names being scrutinized by the House committee for their role in the Jan. 6 attack on the Capitol keeps growing.A House select committee has been formed to scrutinize the causes of the Jan. 6 riot at the U.S. Capitol. The riot occurred as Congress met to formalize Joseph R. Biden Jr.’s election victory amid efforts by President Donald J. Trump and his allies to overturn the results.Here are some of the key people and groups included so far in the panel’s investigation:President Donald J. Trump spoke at a rally on Jan. 6, 2021, shortly before the riot at the Capitol.Pete Marovich for The New York TimesTrump, His Family and His Inner CircleDonald J. TrumpThe former president’s White House records related to the attack have been a focus of the inquiry. Mr. Trump unsuccessfully tried to keep these documents from the committee by claiming executive privilege. The panel is also scrutinizing Mr. Trump’s role in proposals to seize voting machines after the 2020 election.Ivanka TrumpThe daughter of the former president, who served as one of his senior advisers, has been asked to cooperate. The panel said that it had gathered evidence that she had implored her father to call off the violence that occurred when his supporters stormed the Capitol.Rudolph W. GiulianiMr. Trump’s personal lawyer and three members of his legal team — Jenna Ellis, Sidney Powell and Boris Epshteyn — pursued conspiracy-filled lawsuits that made claims of voter fraud and played central roles in the effort to use courts, state legislatures and Congress to overturn the results.Stephen K. BannonThe former Trump aide is under scrutiny by the committee for comments he made on his radio show on Jan. 5, 2021. The committee points to this as evidence that he had “some foreknowledge” of the attack. Mr. Bannon has been charged with contempt of Congress for refusing to comply with a subpoena; he claimed protection under executive privilege even though he was an outside adviser.Michael T. FlynnMr. Trump’s former national security adviser attended an Oval Office meeting on Dec. 18, 2020, in which participants discussed seizing voting machines and invoking certain national security emergency powers. Mr. Flynn has filed a lawsuit to block the panel’s subpoenas.Mark Meadows, the White House chief of staff, arrived in the East Room for an election night address by Mr. Trump.Mandel Ngan/Agence France-Presse — Getty ImagesWhite House OfficialsMark MeadowsMr. Trump’s chief of staff, who initially provided the panel with a trove of documents that showed the extent of his role in the efforts to overturn the election, is now refusing to cooperate. The House voted to recommend holding Mr. Meadows in criminal contempt of Congress for defying the panel’s subpoena.Mike PenceThe former vice president could be a key witness as the committee focuses on Mr. Trump’s responsibility for the riot and considers criminal referrals, but Mr. Pence has not decided whether to cooperate, according to people briefed on his discussions with the panel.Marc ShortMr. Pence’s chief of staff, who has firsthand knowledge of Mr. Trump’s pressure campaign on the vice president to throw out the election results, testified before the panel under subpoena. He is the most senior person on Mr. Pence’s staff who is known to have cooperated with the committee.Kevin McCarthy, the House minority leader. He has refused to cooperate with the congressional inquiry into the Jan. 6 riot.Tom Brenner for The New York TimesMembers of CongressKevin McCarthyThe panel has requested an interview with Mr. McCarthy, the House Republican leader, about his contact with Mr. Trump during the riot. A California representative who could become speaker of the House after the midterms in November, Mr. McCarthy has refused to cooperate.Scott Perry and Jim JordanThe representatives from Pennsylvania and Ohio are among a group of Republican congressmen who were deeply involved in efforts to overturn the election. Both Mr. Perry and Mr. Jordan have refused to cooperate with the panel.Roger Stone in December 2021, after a meeting with the House select committee investigating the Jan. 6 attack.Al Drago for The New York TimesOutside Advisers and GroupsRoger J. Stone Jr.The longtime political operative, who promoted his attendance at rallies on Jan. 5 and 6 and solicited support to pay for his security, has become a focus of the panel as it digs further into the planning and financing of rallies before the attack.Phil WaldronThe retired Army colonel has been under scrutiny since Mr. Meadows turned over a 38-page PowerPoint document that Mr. Waldron had circulated on Capitol Hill. The document contained plans that detailed how to overturn the election.Jeffrey ClarkThe Justice Department official repeatedly pushed his colleagues to help Mr. Trump undo his loss. The panel has recommended that Mr. Clark be held in criminal contempt of Congress for refusing to cooperate with a subpoena.John EastmanThe little-known academic and conservative lawyer has become the subject of intense scrutiny since writing a memo that laid out how Mr. Trump could stay in power.Fake Trump electorsFourteen people falsely claimed to be electors for Mr. Trump in the 2020 election in states that Mr. Biden had won: Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin.Members of the Proud Boys burned a Black Lives Matter banner torn from a church in Washington, D.C., in December 2020.Victor J. Blue for The New York TimesFar-Right FiguresExtremist groupsThe panel is scrutinizing some white nationalist leaders and militia groups, including the Proud Boys and the Oath Keepers. It is intensifying its focus on the rallies that led up to the mob violence and how extremists worked with pro-Trump forces to undermine the election.Alex JonesThe conspiracy theorist helped organize the rally that occurred before the riot, and said that White House officials told him that he was to lead a march to the Capitol, where Mr. Trump would speak, according to the committee.Sean Hannity, the Fox News host.Frank Franklin II/Associated PressMedia EntitiesFox News anchorsSean Hannity sent text messages to Trump officials in the days surrounding the riot that illustrate his unusually elevated role as an outside adviser. Mr. Hannity, along with Laura Ingraham and Brian Kilmeade, also texted Mr. Meadows as the riot unfolded.Big Tech firmsThe committee has criticized Alphabet, Meta, Reddit and Twitter for allowing extremism to spread on their platforms. The panel has said that the four social media companies have failed to adequately cooperate with the inquiry.The Willard Hotel in Washington, where several Trump allies met on the day before the riot.Drew Angerer for The New York TimesAnd a Key EventWillard Hotel meetingSeveral Trump advisers and allies — including Mr. Giuliani, Mr. Bannon, Mr. Flynn, Mr. Stone, Mr. Jones and Mr. Eastman — gathered at the Willard Hotel near the White House the day before the riot. The events that unfolded there have become a prime focus of the committee. More

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    For First Time, Jan. 6 Panel Seeks Information From a House Member

    The committee is requesting testimony and documents from Representative Scott Perry, a Pennsylvania Republican who was deeply involved in efforts to overturn the election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol is seeking testimony and documents from Representative Scott Perry of Pennsylvania, the first public step the panel has taken to try to get information from any of the Republican members of Congress deeply involved in President Donald J. Trump’s effort to stay in power.The committee sent a letter on Monday to Mr. Perry, the incoming chairman of the ultraconservative House Freedom Caucus, asking for him to meet with its investigators and voluntarily turn over his communications during the buildup to the riot.To date, the panel has been reluctant to issue subpoenas for information from sitting members of Congress, citing the deference and respect lawmakers in the chamber are supposed to show one another. But Representative Bennie Thompson, Democrat of Mississippi and the chairman of the panel, has pledged to take such a step if needed.“The select committee has tremendous respect for the prerogatives of Congress and the privacy of its members,” Mr. Thompson said in his letter to Mr. Perry. “At the same time, we have a solemn responsibility to investigate fully all of these facts and circumstances.”A spokesman for Mr. Perry did not immediately respond to a request for comment.In the weeks after the 2020 election, Mr. Perry, a member of Congress since 2013, compiled a dossier of voter fraud allegations and coordinated a plan to try to replace the acting attorney general, who was resisting Mr. Trump’s attempts to overturn the election, with a more compliant official.Understand the U.S. Capitol RiotOn Jan. 6, 2021, a pro-Trump mob stormed the Capitol.What Happened: Here’s the most complete picture to date of what happened — and why.Timeline of Jan. 6: A presidential rally turned into a Capitol rampage in a critical two-hour time period. Here’s how.Key Takeaways: Here are some of the major revelations from The Times’s riot footage analysis.Death Toll: Five people died in the riot. Here’s what we know about them.Decoding the Riot Iconography: What do the symbols, slogans and images on display during the violence really mean?A former Army helicopter pilot and a retired brigadier general in the National Guard whose colleagues call him General Perry, Mr. Perry introduced Mr. Trump to Jeffrey Clark, the acting head of the Justice Department’s civil division who became one of the Stop the Steal movement’s most ardent supporters. Around this time, the committee said, investigators believe Mr. Perry was communicating with Mark Meadows, who was then the White House chief of staff, via an encrypted app, Signal.Mr. Clark has said he will invoke his Fifth Amendment right against self-incrimination when he next appears before the panel.“We have received evidence from multiple witnesses that you had an important role in the efforts to install Mr. Clark as acting attorney general,” Mr. Thompson wrote to Mr. Perry. “When Mr. Clark decided to invoke his Fifth Amendment rights, he understood that we planned to pose questions addressing his interactions with you, among a host of other topics.”Shortly after Mr. Trump lost the election, Mr. Perry joined Representative Jim Jordan, Republican of Ohio, as they huddled with senior White House officials at Trump campaign headquarters in Arlington County, Va., and came up with a strategy that would become a blueprint for Mr. Trump’s supporters in Congress: hammer home the idea that the election was tainted, announce legal actions being taken by the campaign and bolster the case with allegations of fraud.Mr. Perry pressed the case for weeks, and in January circulated a letter written by Pennsylvania state legislators to Senator Mitch McConnell of Kentucky and Representative Kevin McCarthy of California, the top Republicans in each chamber, asking Congress to delay certification. “I’m obliged to concur,” Mr. Perry wrote.Key Figures in the Jan. 6 InquiryCard 1 of 9The House investigation. More

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    Trump Found Crucial Support in Congress as He Fought to Stay in Power

    WASHINGTON — Two days after Christmas last year, Richard P. Donoghue, a top Justice Department official in the waning days of the Trump administration, saw an unknown number appear on his phone.Mr. Donoghue had spent weeks fielding calls, emails and in-person requests from President Donald J. Trump and his allies, all of whom asked the Justice Department to declare, falsely, that the election was corrupt. The lame-duck president had surrounded himself with a crew of unscrupulous lawyers, conspiracy theorists, even the chief executive of MyPillow — and they were stoking his election lies.Mr. Trump had been handing out Mr. Donoghue’s cellphone number so that people could pass on rumors of election fraud. Who could be calling him now?It turned out to be a member of Congress: Representative Scott Perry, Republican of Pennsylvania, who began pressing the president’s case. Mr. Perry said he had compiled a dossier of voter fraud allegations that the department needed to vet. Jeffrey Clark, a Justice Department lawyer who had found favor with Mr. Trump, could “do something” about the president’s claims, Mr. Perry said, even if others in the department would not.The message was delivered by an obscure lawmaker who was doing Mr. Trump’s bidding. Justice Department officials viewed it as outrageous political pressure from a White House that had become consumed by conspiracy theories.It was also one example of how a half-dozen right-wing members of Congress became key foot soldiers in Mr. Trump’s effort to overturn the election, according to dozens of interviews and a review of hundreds of pages of congressional testimony about the attack on the Capitol on Jan. 6.Representatives Jim Jordan of Ohio, left, and Scott Perry of Pennsylvania at a rally in Harrisburg, Pa., two days after the 2020 election.Gabriela Bhaskar for The New York TimesThe lawmakers — all of them members of the ultraconservative House Freedom Caucus — worked closely with the White House chief of staff, Mark Meadows, whose central role in Mr. Trump’s efforts to overturn a democratic election is coming into focus as the congressional investigation into Jan. 6 gains traction.The men were not alone in their efforts — most Republican lawmakers fell in line behind Mr. Trump’s false claims of fraud, at least rhetorically — but this circle moved well beyond words and into action. They bombarded the Justice Department with dubious claims of voting irregularities. They pressured members of state legislatures to conduct audits that would cast doubt on the election results. They plotted to disrupt the certification on Jan. 6 of Joseph R. Biden Jr.’s victory.There was Representative Jim Jordan of Ohio, the pugnacious former wrestler who bolstered his national profile by defending Mr. Trump on cable television; Representative Andy Biggs of Arizona, whose political ascent was padded by a $10 million sweepstakes win; and Representative Paul Gosar, an Arizona dentist who trafficked in conspiracy theories, spoke at a white nationalist rally and posted an animated video that depicted him killing Representative Alexandria Ocasio-Cortez, Democrat of New York.Representatives Paul Gosar of Arizona, left, and Louie Gohmert of Texas spoke at a news conference this month expressing concerns about the treatment of those who had stormed the Capitol on Jan. 6.T.J. Kirkpatrick for The New York TimesThey were joined by Representative Louie Gohmert of Texas, who was known for fiery speeches delivered to an empty House chamber and unsuccessfully sued Vice President Mike Pence over his refusal to interfere in the election certification; and Representative Mo Brooks of Alabama, a lawyer who rode the Tea Party wave to Congress and was later sued by a Democratic congressman for inciting the Jan. 6 riot.Mr. Perry, a former Army helicopter pilot who is close to Mr. Jordan and Mr. Meadows, acted as a de facto sergeant. He coordinated many of the efforts to keep Mr. Trump in office, including a plan to replace the acting attorney general with a more compliant official. His colleagues call him General Perry.Mr. Meadows, a former congressman from North Carolina who co-founded the Freedom Caucus in 2015, knew the six lawmakers well. His role as Mr. Trump’s right-hand man helped to remarkably empower the group in the president’s final, chaotic weeks in office.In his book, “The Chief’s Chief,” Mr. Meadows insisted that he and Mr. Trump were simply trying to unfurl serious claims of election fraud. “All he wanted was time to get to the bottom of what really happened and get a fair count,” Mr. Meadows wrote.Congressional Republicans have fought the Jan. 6 committee’s investigation at every turn, but it is increasingly clear that Mr. Trump relied on the lawmakers to help his attempts to retain power. When Justice Department officials said they could not find evidence of widespread fraud, Mr. Trump was unconcerned: “Just say that the election was corrupt + leave the rest to me and the R. Congressmen,” he said, according to Mr. Donoghue’s notes of the call.Rudolph W. Giuliani, Mr. Trump’s personal lawyer, promoted several conspiracy theories as he fought the electoral process.Erin Schaff/The New York TimesNovemberOn Nov. 9, two days after The Associated Press called the race for Mr. Biden, crisis meetings were underway at Trump campaign headquarters in Arlington, Va.Understand the U.S. Capitol RiotOn Jan. 6, 2021, a pro-Trump mob stormed the Capitol.What Happened: Here’s the most complete picture to date of what happened — and why.Timeline of Jan. 6: A presidential rally turned into a Capitol rampage in a critical two-hour time period. Here’s how.Key Takeaways: Here are some of the major revelations from The Times’s riot footage analysis.Death Toll: Five people died in the riot. Here’s what we know about them.Decoding the Riot Iconography: What do the symbols, slogans and images on display during the violence really mean?Mr. Perry and Mr. Jordan huddled with senior White House officials, including Mr. Meadows; Stephen Miller, a top Trump adviser; Bill Stepien, the campaign manager; and Kayleigh McEnany, the White House press secretary.According to two people familiar with the meetings, which have not been previously reported, the group settled on a strategy that would become a blueprint for Mr. Trump’s supporters in Congress: Hammer home the idea that the election was tainted, announce legal actions being taken by the campaign, and bolster the case with allegations of fraud.At a news conference later that day, Ms. McEnany delivered the message.“This election is not over,” she said. “Far from it.”Mr. Jordan’s spokesman said that the meeting was to discuss media strategy, not to overturn the election.On cable television and radio shows and at rallies, the lawmakers used unproved fraud claims to promote the idea that the election had been stolen. Mr. Brooks said he would never vote to certify Mr. Trump’s loss. Mr. Jordan told Fox News that ballots were counted in Pennsylvania after the election, contrary to state law. Mr. Gohmert claimed in Philadelphia that there was “rampant” voter fraud and later said on YouTube that the U.S. military had seized computer servers in Germany used to flip American votes.Mr. Gosar pressed Doug Ducey, the Republican governor of Arizona, to investigate voting equipment made by Dominion Voting Systems, a company at the heart of several false conspiracy theories that Mr. Trump and his allies spread.Mr. Trump’s supporters protested at the Maricopa County Recorder’s Office in Phoenix as ballots were being counted in November 2020.Adriana Zehbrauskas for The New York TimesMr. Gosar embraced the fraud claims so closely that his chief of staff, Tom Van Flein, rushed to an airplane hangar parking lot in Phoenix after a conspiracy theory began circulating that a suspicious jet carrying ballots from South Korea was about to land, perhaps in a bid to steal the election from Mr. Trump, according to court documents filed by one of the participants. The claim turned out to be baseless.Mr. Van Flein did not respond to detailed questions about the episode.Even as the fraud claims grew increasingly outlandish, Attorney General William P. Barr authorized federal prosecutors to look into “substantial allegations” of voting irregularities. Critics inside and outside the Justice Department slammed the move, saying it went against years of the department’s norms and chipped away at its credibility. But Mr. Barr privately told advisers that ignoring the allegations — no matter how implausible — would undermine faith in the election, according to Mr. Donoghue’s testimony.And in any event, administration officials and lawmakers believed the claims would have little effect on the peaceful transfer of power to Mr. Biden from Mr. Trump, according to multiple former officials.Mainstream Republicans like Senator Mitch McConnell of Kentucky, the majority leader, said on Nov. 9 that Mr. Trump had a right to investigate allegations of irregularities, “A few legal inquiries from the president do not exactly spell the end of the Republic,” Mr. McConnell said.Mr. Gohmert unsuccessfully sued Vice President Mike Pence, center, in an attempt to force him to nullify the election results.Stefani Reynolds for The New York TimesDecemberOn Dec. 1, 2020, Mr. Barr said publicly what he knew to be true: The Justice Department had found no evidence of widespread election fraud. Mr. Biden was the lawful winner.The attorney general’s declaration seemed only to energize the six lawmakers. Mr. Gohmert suggested that the F.B.I. in Washington could not be trusted to investigate election fraud. Mr. Biggs said that Mr. Trump’s allies needed “the imprimatur, quite frankly of the D.O.J.,” to win their lawsuits claiming fraud.They turned their attention to Jan. 6, when Mr. Pence was to officially certify Mr. Biden’s victory. Mr. Jordan, asked if the president should concede, replied, “No way.”The lawmakers started drumming up support to derail the transfer of power.Mr. Gohmert sued Mr. Pence in an attempt to force him to nullify the results of the election. Mr. Perry circulated a letter written by Pennsylvania state legislators to Mr. McConnell and Representative Kevin McCarthy of California, the House Republican leader, asking Congress to delay certification. “I’m obliged to concur,” Mr. Perry wrote.Mr. Meadows remained the key leader. When disputes broke out among organizers of the pro-Trump “Stop the Steal” rallies, he stepped in to mediate, according to two organizers, Dustin Stockton and Jennifer Lynn Lawrence.In one case, Mr. Meadows helped settle a feud about whether to have one or two rallies on Jan. 6. The organizers decided that Mr. Trump would make what amounted to an opening statement about election fraud during his speech at the Ellipse, then the lawmakers would rise in succession during the congressional proceeding and present evidence they had gathered of purported fraud.(That plan was ultimately derailed by the attack on Congress, Mr. Stockton said.)Mr. Trump at the rally outside the White House on Jan. 6. “We fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore,” he told his supporters.Pete Marovich for The New York TimesOn Dec. 21, Mr. Trump met with members of the Freedom Caucus to discuss their plans. Mr. Jordan, Mr. Gosar, Mr. Biggs, Mr. Brooks and Mr. Meadows were there.“This sedition will be stopped,” Mr. Gosar wrote on Twitter.Asked about such meetings, Mr. Gosar’s chief of staff said the congressman and his colleagues “have and had every right to attend rallies and speeches.”“None of the members could have anticipated what occurred (on Jan. 6),” Mr. Van Flein added.Mr. Perry was finding ways to exert pressure on the Justice Department. He introduced Mr. Trump to Mr. Clark, the acting head of the department’s civil division who became one of the Stop the Steal movement’s most ardent supporters.Then, after Christmas, Mr. Perry called Mr. Donoghue to share his voter fraud dossier, which focused on unfounded election fraud claims in Pennsylvania.“I had never heard of him before that day,” Mr. Donoghue would later testify to Senate investigators. He assumed that Mr. Trump had given Mr. Perry his personal cellphone number, as the president had done with others who were eager to pressure Justice Department officials to support the false idea of a rigged election.Key Aspects of the Jan. 6 InquiryCard 1 of 8The House investigation. More

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    Trump Justice Dept. Official Defies Request by Jan. 6 Panel

    Jeffrey Clark, who aided in the former president’s efforts to overturn the election, appeared before the committee but would not answer substantive questions.WASHINGTON — Jeffrey Clark, a former Justice Department official involved in former President Donald J. Trump’s frenzied efforts to overturn the 2020 presidential election, refused to cooperate on Friday with the House committee investigating the Jan. 6 Capitol attack, leading to a sharp rebuke from the committee’s chairman.The standoff between Mr. Clark and the committee is the second such confrontation since Congress began investigating the circumstances surrounding the Capitol violence, seeking information on Mr. Trump’s attempts to subvert the election. The House has already voted to find one Trump ally, Stephen K. Bannon, in criminal contempt of Congress for stonewalling the inquiry.“Mr. Clark’s complete failure to cooperate today is unacceptable,” said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee. “As prescribed by the House rules, I have considered Mr. Clark’s claim of privilege and rejected it. He has a very short time to reconsider and cooperate fully. We need the information that he is withholding, and we are willing to take strong measures to hold him accountable.”Mr. Clark appeared before the committee on Friday but delivered a letter saying he would not answer substantive questions. He cited attorney-client privilege protecting his conversations with Mr. Trump.“He is duty-bound not to provide testimony to your committee covering information protected by the former president’s assertion of executive privilege,” Mr. Clark’s lawyer, Harry W. MacDougald, wrote in a letter to the committee, which was reported earlier by Politico. “Mr. Clark cannot answer deposition questions at this time.”Mr. Bannon also cited Mr. Trump’s directive for former aides and advisers to invoke immunity and refrain from turning over documents that might be protected under executive privilege in his refusal to cooperate. A federal judge expressed skepticism on Thursday about the merits of Mr. Trump’s lawsuit against the committee seeking to block from release at least 770 pages of documents related to the Capitol riot.Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.Mr. Thompson suggested such a penalty could await Mr. Clark, once a little-known official who repeatedly pushed his colleagues at the Justice Department to help Mr. Trump undo his loss.The committee has issued a subpoena seeking testimony and records from Mr. Clark, a focus that indicates it is deepening its scrutiny of the root causes of the attack, which disrupted a congressional session called to count the electoral votes formalizing President Biden’s victory.Mr. Thompson contrasted Mr. Clark’s refusal to cooperate with the actions of Jeffrey A. Rosen, who was acting attorney general during the Trump administration, and previously sat for a lengthy interview with the committee..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media 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0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“His refusal to answer questions about the former president’s attempt to use the Department of Justice to overturn the election is in direct contrast to his supervisors at the department,” Mr. Thompson said in a statement. “It’s astounding that someone who so recently held a position of public trust to uphold the Constitution would now hide behind vague claims of privilege by a former president, refuse to answer questions about an attack on our democracy and continue an assault on the rule of law.”Mr. MacDougald’s letter argued that Mr. Clark had nothing to do with the events of Jan. 6.“He has informed me he worked from home that day to avoid wrestling with potential street closures to get to and from his office at Main Justice,” the letter said. “Nor did Mr. Clark have any responsibilities to oversee security at the Capitol or have the ability to deploy any Department of Justice personnel or resources there.”But the Senate Judiciary Committee said in a recent report there was credible evidence that Mr. Clark was involved in other efforts to interrupt the peaceful transfer of power, citing his proposal to deliver a letter to state legislators in Georgia and others encouraging them to delay certification of election results.The Senate committee also said Mr. Clark recommended holding a news conference announcing that the Justice Department was investigating allegations of voter fraud, in line with Mr. Trump’s repeated demands, despite a lack of evidence of any fraud. Both proposals were rejected by senior leaders in the department.The New York Times reported in January that Mr. Clark also discussed with Mr. Trump a plan to oust Mr. Rosen, and wield the department’s power to force state lawmakers in Georgia to overturn its presidential election results. Mr. Clark denied the report, which was based on the accounts of four former Trump administration officials who asked not to be named because of fear of retaliation.Mr. Clark’s subpoena is one of 19 issued by the committee. The panel has interviewed more than 150 witnesses so far, according to a person with knowledge of its activities. More