Clark, Jeffrey B (1967- )

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      Jan. 6 Panel Subpoenas Jeffrey Clark, Former Justice Dept. Official

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      The committee asked for testimony and documents from the little-known former official who pressed his colleagues to pursue Donald J. Trump’s election fraud claims.WASHINGTON — The House committee investigating the Jan. 6 Capitol riot issued a subpoena on Wednesday to Jeffrey Clark, a former Justice Department official under President Donald J. Trump who was involved in Mr. Trump’s frenzied efforts to overturn the 2020 presidential election.The subpoena seeks testimony and records from Mr. Clark, a little-known official who repeatedly pushed his colleagues at the Justice Department to help Mr. Trump undo his loss. The panel’s focus on him indicates that 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.“The select committee needs to understand all the details about efforts inside the previous administration to delay the certification of the 2020 election and amplify misinformation about the election results,” Representative Bennie Thompson, Democrat of Mississippi and the committee chairman, said in a statement. “We need to understand Mr. Clark’s role in these efforts at the Justice Department and learn who was involved across the administration.”The subpoena was the 19th issued in the House inquiry, and it came as the panel braced for a potential legal battle with at least one prospective witness, Stephen K. Bannon, a former adviser to Mr. Trump who has refused to cooperate. The leaders of the committee threatened last week to seek criminal charges against Mr. Bannon in response.Robert J. Costello, a lawyer for Mr. Bannon, did not back down in a letter to the committee on Wednesday, reiterating that his client would not produce documents or testimony “until such time as you reach an agreement with President Trump” on claims of executive privilege “or receive a court ruling.”On Wednesday, Mr. Thompson said the panel “expects Mr. Clark to cooperate fully with our investigation.”The Senate Judiciary Committee said last week that there was credible evidence that Mr. Clark was involved in 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 the acting attorney general, Jeffrey A. Rosen, and wield the department’s power to force state lawmakers in Georgia to overturn its presidential election results. Mr. Clark denied the account, which was based on the accounts of four former Trump administration officials who asked not to be named because of fear of retaliation.The House panel’s subpoena requires Mr. Clark to produce records and testify at a deposition on Oct. 29.Last week, the committee issued subpoenas to organizers of the “Stop the Steal” rally that took place on the grounds of the Capitol before the violence. The panel has issued subpoenas to 11 others associated with the rallies as well as four allies of Mr. Trump it believes were in communication with him before and during the attack.Maggie Haberman More

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      New Details of Trump Pressure on Justice Dept. Over Election

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      A Senate panel fleshed out how Donald Trump pursued his plan to install a loyalist as acting attorney general to pursue unfounded reports of fraud.WASHINGTON — Even by the standards of President Donald J. Trump, it was an extraordinary Oval Office showdown. On the agenda was Mr. Trump’s desire to install a loyalist as acting attorney general to carry out his demands for more aggressive investigations into his unfounded claims of election fraud.On the other side during that meeting on the evening of Jan. 3 were the top leaders of the Justice Department, who warned Mr. Trump that they and other senior officials would resign en masse if he followed through. They received immediate support from another key participant: Pat A. Cipollone, the White House counsel. According to others at the meeting, Mr. Cipollone indicated that he and his top deputy, Patrick F. Philbin, would also step down if Mr. Trump acted on his plan.Mr. Trump’s proposed plan, Mr. Cipollone argued, would be a “murder-suicide pact,” one participant recalled. Only near the end of the nearly three-hour meeting did Mr. Trump relent and agree to drop his threat.Mr. Cipollone’s stand that night is among the new details contained in a lengthy interim report prepared by the Senate Judiciary Committee about Mr. Trump’s efforts to pressure the Justice Department to do his bidding in the chaotic final weeks of his presidency.The report draws on documents, emails and testimony from three top Justice Department officials, including the acting attorney general for Mr. Trump’s last month in office, Jeffrey A. Rosen; the acting deputy attorney general, Richard P. Donoghue, and Byung J. Pak, who until early January was U.S. attorney in Atlanta. It provides the most complete account yet of Mr. Trump’s efforts to push the department to validate election fraud claims that had been disproved by the F.B.I. and state investigators.The interim report, released publicly on Thursday, describes how Justice Department officials scrambled to stave off a series of events during a period when Mr. Trump was getting advice about blocking certification of the election from a lawyer he had first seen on television and the president’s actions were so unsettling that his top general and the House speaker discussed the nuclear chain of command.“This report shows the American people just how close we came to a constitutional crisis,” Richard J. Durbin, Democrat of Illinois and chair of the Senate Judiciary Committee, said in a statement. “Thanks to a number of upstanding Americans in the Department of Justice, Donald Trump was unable to bend the department to his will. But it was not due to a lack of effort.”Mr. Durbin said that he believes the former president, who remains a front-runner for the Republican nomination in 2024, would have “shredded the Constitution to stay in power.”The report by Mr. Durbin’s committee hews closely to previous accounts of the final days of the Trump administration, which led multiple Congressional panels and the Justice Department’s watchdog to open investigations.But, drawing in particular on interviews with Mr. Rosen and Mr. Donoghue, both of whom were at the Jan. 3 Oval Office meeting, it brings to light new details that underscore the intensity and relentlessness with which Mr. Trump pursued his goal of upending the election, and the role that key government officials played in his efforts.The report fleshes out the role of Jeffrey Clark, a little-known Justice Department official who participated in multiple conversations with Mr. Trump about how to upend the election and who pushed his superiors to send Georgia officials a letter that falsely claimed the Justice Department had identified “significant concerns that may have impacted the outcome of the election.” Mr. Trump was weighing whether to replace Mr. Rosen with Mr. Clark. Of particular note was a Jan. 2 confrontation during which Mr. Clark seemed to both threaten and coerce Mr. Rosen to send the letter. He first raised the prospect that Mr. Trump could fire Mr. Rosen, and then said that he would decline any offer to replace Mr. Rosen as acting attorney general if Mr. Rosen sent the letter. Mr. Clark also revealed during that meeting that he had secretly conducted a witness interview with someone in Georgia in connection with election fraud allegations that had already been disproved.The report raised fresh questions about what role Representative Scott Perry, Republican of Pennsylvania, played in the White House effort to pressure the Justice Department to help upend the election. Mr. Perry called Mr. Donoghue to pressure him into investigating debunked election fraud allegations that had been made in Pennsylvania, the report said, and he complained to Mr. Donoghue that the Justice Department was not doing enough to look into such claims. Mr. Clark, the report said, also told officials that he had participated in the White House’s efforts at Mr. Perry’s request, and that the lawmaker took him to a meeting at the Oval Office to discuss voter fraud. That meeting occurred at around the same time that Mr. Perry and members of the conservative House Freedom Caucus met at the White House to discuss the Jan. 6 certification of the election results.The report confirmed that Mr. Trump was the reason that Mr. Pak hastily left his role as U.S. attorney in Atlanta, an area that Mr. Trump wrongly told people he had won. Mr. Trump told top Justice Department officials that Mr. Pak was a never-Trumper, and he blamed Mr. Pak for the F.B.I.’s failure to find evidence of mass election fraud there. During the Jan. 3 fight in the Oval Office, Mr. Donoghue and others tried to convince Mr. Trump not to fire Mr. Pak, as he planned to resign in just a few days. But Mr. Trump made it clear to the officials that Mr. Pak was to leave the following day, leading Mr. Donoghue to phone him that evening and tell him he should pre-emptively resign. Mr. Trump also went outside the normal line of succession to push for a perceived loyalist, Bobby L. Christine, to run the Atlanta office. Mr. Christine had been the U.S. attorney in Savannah, and had donated to Mr. Trump’s campaign.The report is not the Senate Judiciary Committee’s final word on the pressure campaign that was waged between Dec. 14, when Attorney General William P. Barr announced his resignation, and Jan. 6, when throngs of Mr. Trump’s supporters fought to block certification of the election.The panel is still waiting for the National Archives to furnish documents, calendar appointments and communications involving the White House that concern efforts to subvert the election. It asked the National Archives, which stores correspondence and documents generated by previous presidential administrations, for the records this spring.It is also waiting to see whether Mr. Clark will sit for an interview and help provide missing details about what was happening inside the White House during the Trump administration’s final weeks. Additionally, the committee has asked the District of Columbia Bar, which licenses and disciplines attorneys, to open a disciplinary investigation into Mr. Clark based on its findings.The report recommended that the Justice Department tighten procedures concerning when it can take certain overt steps in election-related fraud investigations. As attorney general, the report said, Mr. Barr weakened the department’s decades-long strict policy of not taking investigative steps in fraud cases until after an election is certified, a measure that is meant to keep the fact of a federal investigation from impacting the election outcome.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      Former Acting Attorney General Testifies About Trump’s Efforts to Subvert Election

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      The testimony highlights the former president’s desire to batter the Justice Department into advancing his personal agenda.WASHINGTON — Jeffrey A. Rosen, who was acting attorney general during the Trump administration, has told the Justice Department watchdog and congressional investigators that one of his deputies tried to help former President Donald J. Trump subvert the results of the 2020 election, according to a person familiar with the interviews.Mr. Rosen had a two-hour meeting on Friday with the Justice Department’s office of the inspector general and provided closed-door testimony to the Senate Judiciary Committee on Saturday.The investigations were opened after a New York Times article that detailed efforts by Jeffrey Clark, the acting head of the Justice Department’s civil division, to push top leaders to falsely and publicly assert that continuing election fraud investigations cast doubt on the Electoral College results. That prompted Mr. Trump to consider ousting Mr. Rosen and installing Mr. Clark at the top of the department to carry out that plan.Mr. Trump never fired Mr. Rosen, but the plot highlights the former president’s desire to batter the Justice Department into advancing his personal agenda.Mr. Clark, who did not respond to requests for comment, said in January that all of his official communications with the White House “were consistent with law,” and that he had engaged in “a candid discussion of options and pros and cons with the president.”Mr. Rosen did not respond to requests for comment. The inspector general’s spokesman declined to comment.Mr. Rosen has emerged as a key witness in multiple investigations that focus on Mr. Trump’s efforts to undermine the results of the election. He has publicly stated that the Justice Department did not find enough fraud to affect the outcome of the election.On Friday Mr. Rosen told investigators from the inspector general’s office about five encounters with Mr. Clark, including one in late December during which his deputy admitted to meeting with Mr. Trump and pledged that he would not do so again, according to a person familiar with the interview.Jeffrey Clark pushed Justice Department leaders to falsely assert that continuing voter fraud investigations cast doubt on the election results.Susan Walsh/Associated PressMr. Rosen also described subsequent exchanges with Mr. Clark, who continued to press colleagues to make statements about the election that they found to be untrue, according to a person familiar with the interview.He also discovered that Mr. Clark had been engaging in unauthorized conversations with Mr. Trump about ways to have the Justice Department publicly cast doubt on President Biden’s victory, particularly in battleground states that Mr. Trump was fixated on, like Georgia. Mr. Clark drafted a letter that he asked Mr. Rosen to send to Georgia state legislators, wrongly asserting that they should void Mr. Biden’s victory because the Justice Department was investigating accusations of voter fraud in the state.Such a letter would effectively undermine efforts by Mr. Clark’s colleagues to prevent the White House from overturning the election results, and Mr. Rosen and his top deputy, Richard P. Donoghue, rejected the proposal.Senator Richard Blumenthal, Democrat of Connecticut, said Mr. Rosen discussed previously reported episodes, including his interactions with Mr. Clark, with the Senate Judiciary Committee. He called Mr. Rosen’s account “dramatic evidence of how intent Trump was in overthrowing the election.”Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      Meadows Pressed Justice Dept. to Investigate Election Fraud Claims

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      Emails show the increasingly urgent efforts by President Trump and his allies during his last days in office to find some way to undermine, or even nullify, the election results.WASHINGTON — In Donald J. Trump’s final weeks in office, Mark Meadows, his chief of staff, repeatedly pushed the Justice Department to investigate unfounded conspiracy theories about the 2020 presidential election, according to newly uncovered emails provided to Congress, portions of which were reviewed by The New York Times.In five emails sent during the last week of December and early January, Mr. Meadows asked Jeffrey A. Rosen, then the acting attorney general, to examine debunked claims of election fraud in New Mexico and an array of baseless conspiracies that held that Mr. Trump had been the actual victor. That included a fantastical theory that people in Italy had used military technology and satellites to remotely tamper with voting machines in the United States and switch votes for Mr. Trump to votes for Joseph R. Biden Jr.None of the emails show Mr. Rosen agreeing to open the investigations suggested by Mr. Meadows, and former officials and people close to him said that he did not do so. An email to another Justice Department official indicated that Mr. Rosen had refused to broker a meeting between the F.B.I. and a man who had posted videos online promoting the Italy conspiracy theory, known as Italygate.But the communications between Mr. Meadows and Mr. Rosen, which have not previously been reported, show the increasingly urgent efforts by Mr. Trump and his allies during his last days in office to find some way to undermine, or even nullify, the election results while he still had control of the government.Mr. Trump chose Mr. Meadows, an ultraconservative congressman from North Carolina, to serve as his fourth and final chief of staff last March. A founder of the hard-right Freedom Caucus, Mr. Meadows was among Mr. Trump’s most loyal and vocal defenders on Capitol Hill, and had been a fierce critic of the Russia investigation.Mr. Meadows’s involvement in the former president’s attack on the election results was broadly known at the time.In the days before Christmas, as Mr. Trump pressed the lead investigator for Georgia’s secretary of state to find “dishonesty,” Mr. Meadows made a surprise visit to Cobb County, Ga., to view an election audit in process. Local officials called it a stunt that “smelled of desperation,” as investigations had not found evidence of widespread fraud.Mr. Meadows also joined the phone call that Mr. Trump made on Jan. 2 to Brad Raffensperger, Georgia’s Republican secretary of state, in which Mr. Trump repeatedly urged the state’s top elections official to alter the outcome of the presidential vote.Yet the newly unearthed messages show how Mr. Meadows’s private efforts veered into the realm of the outlandish, and sought official validation for misinformation that was circulating rampantly among Mr. Trump’s supporters. Italygate was among several unfounded conspiracy theories surrounding the 2020 elections that caught fire on the internet before the Jan. 6 assault on the Capitol by a pro-Trump mob. Those theories fueled the belief among many of the rioters, stoked by Mr. Trump, that the election had been stolen from him and have prompted several Republican-led states to pass or propose new barriers to voting.The emails were discovered this year as part of a Senate Judiciary Committee investigation into whether Justice Department officials were involved in efforts to reverse Mr. Trump’s election loss.“This new evidence underscores the depths of the White House’s efforts to co-opt the department and influence the electoral vote certification,” Senator Richard J. Durbin, Democrat of Illinois and the chairman of the committee, said in a statement. “I will demand all evidence of Trump’s efforts to weaponize the Justice Department in his election subversion scheme.”A spokesman for Mr. Meadows declined to comment, as did the Justice Department. Mr. Rosen did not respond to a request for comment.The requests by Mr. Meadows reflect Mr. Trump’s belief that he could use the Justice Department to advance his personal agenda.On Dec. 15, the day after it was announced that Mr. Rosen would serve as acting attorney general, Mr. Trump summoned him to the Oval Office to push the Justice Department to support lawsuits that sought to overturn his election loss. Mr. Trump also urged Mr. Rosen to appoint a special counsel to investigate Dominion Voting Systems, an election technology company.During the weeks leading up to the Jan. 6 attack, Mr. Trump continued to push Mr. Rosen to do more to help him undermine the election and even considered replacing him as acting attorney general with a Justice Department official who seemed more amenable to using the department to violate the Constitution and change the election result.None of the emails show Jeffrey Rosen, then the acting attorney general, agreeing to open investigations suggested by Mr. Meadows, and former officials and people close to him said that he did not do so.Ting Shen for The New York TimesThroughout those weeks, Mr. Rosen privately told Mr. Trump that he would prefer not to take those actions, reiterating a public statement made by his predecessor, William P. Barr, that the Justice Department had “not seen fraud on a scale that could have effected a different outcome in the election.”Mr. Meadows’s outreach to Mr. Rosen was audacious in part because it violated longstanding guidelines that essentially forbid almost all White House personnel, including the chief of staff, from contacting the Justice Department about investigations or other enforcement actions.“The Justice Department’s enforcement mechanisms should not be used for political purpose or for the personal benefit of the president. That’s the key idea that gave rise to these policies,” said W. Neil Eggleston, who served as President Barack Obama’s White House counsel. “If the White House is involved in an investigation, there is at least a sense that there is a political angle to it.”Nevertheless, Mr. Meadows emailed Mr. Rosen multiple times in the end of December and on New Year’s Day.On Jan. 1, Mr. Meadows wrote that he wanted the Justice Department to open an investigation into a discredited theory, pushed by the Trump campaign, that anomalies with signature matches in Georgia’s Fulton County had been widespread enough to change the results in Mr. Trump’s favor.Mr. Meadows had previously forwarded Mr. Rosen an email about possible fraud in Georgia that had been written by Cleta Mitchell, a lawyer who worked with the Trump campaign. Two days after that email was sent to Mr. Rosen, Ms. Mitchell participated in the Jan. 2 phone call, during which she and Mr. Trump pushed Mr. Raffensperger to reconsider his findings that there had not been widespread voter fraud and that Mr. Biden had won. During the call, Mr. Trump asked Mr. Raffensperger to “find” him the votes necessary to declare victory in Georgia.Mr. Meadows also sent Mr. Rosen a list of allegations of possible election wrongdoing in New Mexico, a state that Mr. Trump’s personal lawyer Rudolph W. Giuliani had said in November was rife with fraud. A spokesman for New Mexico’s secretary of state said at the time that its elections were secure. To confirm the accuracy of the vote, auditors in the state hand-counted random precincts.And in his request that the Justice Department investigate the Italy conspiracy theory, Mr. Meadows sent Mr. Rosen a YouTube link to a video of Brad Johnson, a former C.I.A. employee who had been pushing the theory in videos and statements that he posted online. After receiving the video, Mr. Rosen said in an email to another Justice Department official that he had been asked to set up a meeting between Mr. Johnson and the F.B.I., had refused, and had then been asked to reconsider.The Senate Judiciary Committee is one of three entities looking into aspects of the White House’s efforts to overturn the election in the waning days of the Trump administration. The House Oversight Committee and the Justice Department’s inspector general are doing so as well.Mr. Rosen is in talks with the oversight panel about speaking with investigators about any pressure the Justice Department faced to investigate election fraud, as well as the department’s response to the Jan. 6 attack, according to people familiar with the investigation.He is also negotiating with the Justice Department about what he can disclose to Congress and to the inspector general given his obligation to protect the department’s interests and not interfere with current investigations, according to a person familiar with the discussions. Mr. Rosen said last month during a hearing before the oversight committee that he could not answer several questions because the department did not permit him to discuss issues covered by executive privilege.Mr. Durbin opened his inquiry in response to a Times article documenting how Jeffrey Clark, a top Justice Department official who had found favor with Mr. Trump, had pushed the Justice Department to investigate unfounded election fraud claims. The effort almost ended in Mr. Rosen’s ouster.Last month, Mr. Durbin asked the National Archives for any communications involving White House officials, and between the White House and any person at the Justice Department, concerning efforts to subvert the election, according to a letter obtained by The Times. He also asked for records related to meetings between White House and department employees.The National Archives stores correspondence and documents generated by past administrations. More

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      Trump and the Foiled Plot at the Justice Dept.

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storylettersTrump and the Foiled Plot at the Justice Dept.Readers are shocked by what one calls “the most stunning episode” in the former president’s efforts to overturn the election.Jan. 26, 2021, 1:14 p.m. ETColleagues said they had seen Jeffrey Clark, who was the head of the Justice Department’s civil division, as an establishment lawyer who was not particularly Trumpist.Credit…Pool photo by Yuri GripasTo the Editor:Re “Mutiny Halted Trump Scheme in Justice Dept.” (front page, Jan. 23):The revelation of the plot hatched by Jeffrey Clark to use the Justice Department to bolster President Donald Trump’s false claims of the election being stolen shows how perilously close this country came to a true constitutional crisis.It was only the willingness of department officials to put their own careers on the line to halt this anti-democratic scheme that prevented the replacement of Jeffrey Rosen by this Trump loyalist, one with a penchant for conspiracy theories.Mr. Clark’s name can now be added to the list of politicians like Ted Cruz, Josh Hawley, Kevin McCarthy and sadly many others for whom personal ambition and a cynical disregard for the truth supersede any commitment to their oaths of office and any genuine concern for the welfare of the United States.Michael EsterowitzBrooklynTo the Editor:Americans must draw the right lesson from this farce. The right lesson is not that democracy worked after all. Nor is it that Donald Trump is an anomaly that will never recur.If Donald Trump and his minions had been as disciplined and organized as they were contemptuous of democracy, or if the election had been closer, their last-ditch efforts to carry out a coup might have succeeded.The right lesson is that the president must have absolutely no power over judicial matters: the Justice Department and the federal courts. The Justice Department must operate independently from the White House. Federal judges and the attorney general must be named by a process that excludes the president from participation.If the fox is allowed to continue to guard the chicken coop, then next time — if he is shrewder and more determined, and has done a better job of installing loyal lackeys to do his bidding — he might really get away with eating the chickens.Ben SilvermanRosarito Beach, MexicoTo the Editor:Because the story on Donald Trump’s attempt to use the Justice Department to overturn election results in Georgia has such strong echoes of Watergate’s Saturday Night Massacre, and because Katie Benner’s excellent reporting paints a portrait of just how desperate and seemingly delusional Donald Trump was, it struck me as the most stunning episode in his never-ending battle to overturn the election.Since the election we have learned of Mr. Trump’s court challenges to the results, his phone calls to pressure election and other officials in the swing states, and his media campaign that pushed a lie about voter fraud. But his machinations at the Justice Department somehow add a note of desperation that is deeply shocking, even taking into account all we knew of him.Kay OppenheimerAiken, S.C.The writer is a retired attorney.AdvertisementContinue reading the main story More

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      Watchdog to Examine Whether Justice Dept. Helped Trump Effort to Overturn Election

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyWatchdog to Examine Whether Justice Dept. Helped Trump Effort to Overturn ElectionThe inquiry was announced after revelations about a plot between Donald Trump and a top former department official to promote false claims of voter fraud by replacing the acting attorney general.Michael E. Horowitz, the Justice Department inspector general, said he would investigate whether officials aided President Donald J. Trump’s efforts to overturn the election.Credit…Anna Moneymaker/The New York TimesJan. 25, 2021, 7:28 p.m. ETWASHINGTON — The Justice Department watchdog announced Monday that he had opened an investigation into whether any of the department’s officials tried to undo the results of the presidential election, as scrutiny of former President Donald J. Trump and his associates builds ahead of his impeachment trial.The investigation by the department’s inspector general, Michael E. Horowitz, followed efforts by Mr. Trump and a top federal law enforcement official, Jeffrey Clark, to push other Justice Department leaders to falsely assert that continuing fraud investigations cast doubt on the election results. As detailed by The New York Times in recent days, Mr. Trump was said to have considered installing Mr. Clark as acting attorney general to carry out the scheme.“The inspector general is initiating an investigation into whether any former or current D.O.J. official engaged in an improper attempt to have D.O.J. seek to alter the outcome of the 2020 presidential election,” Mr. Horowitz said in a statement, adding that he was announcing the inquiry to reassure the public that the matter was being examined.The inquiry adds to the increasing scrutiny on Mr. Trump’s attempts to wield the power of the Justice Department to advance his false claims about the election in the final weeks of his presidency. It follows another inspector general investigation into whether a federal prosecutor in Georgia was improperly pushed to help and a broader Democratic-led Senate inquiry into pressure on the department to aid Mr. Trump’s cause.Mr. Trump sought repeatedly to compel the Justice Department to back his baseless claims of election irregularities, ultimately prompting the attorney general at the time, William P. Barr, to publicly state early last month that the department had found no voting fraud on a scale that would affect the election results. Mr. Barr fell out of favor with Mr. Trump over the issue and left his post within weeks.A Justice Department spokesman declined to comment.The investigation underscores fears among Senate Republicans, including Senator Mitch McConnell of Kentucky, the minority leader, that if they do not distance themselves from Mr. Trump and undo his grip on the party, a steady drip of negative revelations paired with his own erratic behavior could damage their political fortunes.“If Trump loses credibility because it appears he’s acted in a way that no one can justify, the leverage that he might have over the Republican Party could be diffused,” said William Marshall, a professor at the University of North Carolina who teaches and writes on presidential power. “The more that indicates he behaved improperly makes it less easy to defend him and less easy to stand by him.”Senator Chuck Schumer, Democrat of New York and the majority leader, had urged Mr. Horowitz over the weekend to open an investigation, saying that it was “unconscionable that a Trump Justice Department leader would conspire to subvert the people’s will.”The inspector general also noted that his inquiry would be limited to the Justice Department because other agencies did not fall within his purview, a nod to the array of people who sought during Mr. Trump’s final weeks in office to find a way to stop the certification of Joseph R. Biden Jr.’s victory.This month, Mr. Horowitz opened an investigation into whether Trump administration officials pressured Byung J. Pak, at the time the U.S. attorney in Atlanta, who abruptly resigned after it became clear to Mr. Trump that he would not take actions to cast doubt on or undo the results of the election, according to a person briefed on the inquiry.Separately, the Senate Judiciary Committee said this weekend that it had initiated its own oversight inquiry into officials including Mr. Clark, who was the head of the Justice Department’s environmental and natural resources division and the acting head of its civil division.Senator Richard J. Durbin of Illinois, the top Democrat on the committee, sent a letter to the Justice Department saying that he would investigate efforts by Mr. Trump and Mr. Clark to use the agency “to further Trump’s efforts to subvert the results of the 2020 presidential election.”Jeffrey Clark pushed Justice Department leaders to falsely assert that continuing voter fraud investigations cast doubt on the election results.Credit…Susan Walsh/Associated PressMr. Durbin asked the acting attorney general, Monty Wilkinson, to preserve documents, emails and messages related to meetings between top Justice Department officials under Mr. Trump, the White House and Mr. Trump, as well as any communications related to Mr. Pak’s resignation.Mr. Biden’s win was deemed valid after recounts in Wisconsin and Georgia declared him the victor and after the Trump campaign team was unable to prove widespread fraud in court cases in Arizona, Georgia, Michigan, Nevada and Pennsylvania. Dozens of F.B.I. investigations uncovered no voter fraud on a scale that would have changed the results of the election, according to Justice Department officials briefed on the cases.Dozens of Republicans in Congress were among those who backed Mr. Trump’s false claims, including Representative Scott Perry, Republican of Pennsylvania. On Monday, he confirmed a Times report that he had introduced Mr. Trump and Mr. Clark, giving the president access to the sole top Justice Department official willing to entertain the idea that Mr. Biden had not won the election.Mr. Perry, a member of the pro-Trump, hard-line Freedom Caucus, said in a statement to a Pennsylvania public radio affiliate that he spoke with Mr. Trump and Mr. Clark about election fraud claims.“Throughout the past four years, I worked with Assistant Attorney General Clark on various legislative matters,” Mr. Perry said. “When President Trump asked if I would make an introduction, I obliged.”Allies of Mr. Clark have characterized the conversations as simply laying out the legal options available to Mr. Trump. But Mr. Clark’s former colleagues have said there were no more legal remedies that Mr. Trump could have pursued through the department.Still, their assessment did not stop Mr. Trump from pressuring the Justice Department to fight harder to find a way to help him. When Mr. Barr declined to appoint special counsels to examine voting irregularities or take other measures that would have helped to throw the election results into doubt, he and Mr. Trump agreed that he should leave the department, according to three people familiar with their conversation. Mr. Barr stipulated that the deputy attorney general at the time, Jeffrey A. Rosen, replace him, the people said.Mr. Trump began to push Mr. Rosen to promote baseless suspicions about voting fraud the day after announcing that Mr. Barr would leave and kept up the pressure through the last weeks of December, pushing him to open investigations and to challenge Mr. Biden’s win before the Supreme Court.But as the department’s top officials pushed back, Mr. Trump separately opened a line of communication with Mr. Clark, who seemed more amenable to his theory that he had won the election, according to five people familiar with the matter, asking him to publicize inquiries that could cast doubt on the election.Mr. Trump’s deliberations over whether to replace Mr. Rosen with Mr. Clark also set off a crisis among other senior Justice Department officials, who pledged to quit should Mr. Rosen be fired. The vow was said to have helped persuade Mr. Trump not to act.Mr. Clark has said that this account is inaccurate without specifying further and has said that all of his conduct was legal.While the machinations between Mr. Trump, Mr. Clark and Mr. Perry will not be the focus of Mr. Trump’s impeachment trial — which accuses him of inciting the riot at the Capitol — Representative Eric Swalwell, Democrat of California, suggested the matter would be presented to senators.“This is powerful motive evidence,” Mr. Swalwell said.AdvertisementContinue reading the main story More

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      Pennsylvania Lawmaker Played Key Role in Trump’s Plot to Oust Acting Attorney General

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyPennsylvania Lawmaker Played Key Role in Trump’s Plot to Oust Acting Attorney GeneralThe congressman’s involvement underlined how far the former president was willing to go to overturn the election, and Democratic lawmakers are beginning to call for investigations into those efforts.Representative Scott Perry first made President Donald J. Trump aware that a relatively obscure Justice Department official was sympathetic to Mr. Trump’s view that the election had been stolen.Credit…Gabriela Bhaskar for The New York TimesKatie Benner and Jan. 23, 2021Updated 10:15 p.m. ETWASHINGTON — When Representative Scott Perry joined his colleagues in a monthslong campaign to undermine the results of the presidential election, promoting “Stop the Steal” events and supporting an attempt to overturn millions of legally cast votes, he often took a back seat to higher-profile loyalists in President Donald J. Trump’s orbit.But Mr. Perry, an outspoken Pennsylvania Republican, played a significant role in the crisis that played out at the top of the Justice Department this month, when Mr. Trump considered firing the acting attorney general and backed down only after top department officials threatened to resign en masse.It was Mr. Perry, a member of the hard-line Freedom Caucus, who first made Mr. Trump aware that a relatively obscure Justice Department official, Jeffrey Clark, the acting chief of the civil division, was sympathetic to Mr. Trump’s view that the election had been stolen, according to former administration officials who spoke with Mr. Clark and Mr. Trump.Mr. Perry introduced the president to Mr. Clark, whose openness to conspiracy theories about election fraud presented Mr. Trump with a welcome change from the acting attorney general, Jeffrey A. Rosen, who stood by the results of the election and had repeatedly resisted the president’s efforts to undo them.Mr. Perry’s previously unreported role, and the quiet discussions between Mr. Trump and Mr. Clark that followed, underlined how much the former president was willing to use the government to subvert the election, turning to more junior and relatively unknown figures for help as ranking Republicans and cabinet members rebuffed him.Mr. Perry’s involvement is also likely to heighten scrutiny of House Republicans who continue to advance Mr. Trump’s false and thoroughly debunked claims of election fraud, even after President Biden’s inauguration this week and as Congress prepares for an impeachment trial that will examine whether such talk incited the Capitol riot.It is unclear when Mr. Perry, who represents the Harrisburg area, met Mr. Clark, a Philadelphia native, or how well they knew each another before the introduction to Mr. Trump. Former Trump administration officials said that it was only in late December that Mr. Clark told Mr. Rosen about the introduction brokered by Mr. Perry, who was among the scores of people feeding Mr. Trump false hope that he had won the election.But it is highly unlikely that Mr. Trump would have known Mr. Clark otherwise. Department officials were startled to learn that the president had called Mr. Clark directly on multiple occasions and that the two had met in person without alerting Mr. Rosen, those officials said. Justice Department policy stipulates that the president initially communicates with the attorney general or the deputy attorney general on all matters, and then a lower-level official if authorized.As the date for Congress to affirm Mr. Biden’s victory neared, Mr. Perry and Mr. Clark discussed a plan to have the Justice Department send a letter to Georgia state lawmakers informing them of an investigation into voter fraud that could invalidate the state’s Electoral College results. Former officials who were briefed on the plan said that the department’s dozens of voter fraud investigations nationwide had not turned up enough instances of fraud to alter the outcome of the election.Mr. Perry and Mr. Clark also discussed the plan with Mr. Trump, setting off a chain of events that nearly led to the ouster of Mr. Rosen, who had refused to send the letter.After The New York Times disclosed the details of the scheme on Friday, the political fallout was swift. Senator Richard J. Durbin, Democrat of Illinois and the incoming chairman of the Judiciary Committee, told the Justice Department in a letter on Saturday that he would investigate efforts by Mr. Trump and Mr. Clark to use the agency “to further Trump’s efforts to subvert the results of the 2020 presidential election.” Senator Chuck Schumer of New York, the majority leader, said that it was “unconscionable that a Trump Justice Department leader would conspire to subvert the people’s will.” He called on the department’s inspector general, Michael E. Horowitz, to investigate “this attempted sedition.”Mr. Horowitz has already opened an investigation into whether Trump administration officials improperly pressured Byung J. Pak, who abruptly resigned this month as the U.S. attorney in Atlanta after being pressed to take actions related to the election, according to a person briefed on the inquiry. Mr. Durbin is investigating that matter as well.Mr. Trump also tried to force Justice Department officials, including Mr. Rosen and the acting solicitor general, Jeffrey Wall, to file a lawsuit before the Supreme Court that would challenge Mr. Biden’s victory, according to a person briefed on the request.One of Mr. Trump’s outside lawyers even drafted a brief for the department to file to the court. Department officials and the White House counsel, Pat A. Cipollone, told Mr. Trump that the plan would fail for several reasons, including the fact that the department did not have the grounds to challenge the outcome, the person said.The fight between Mr. Trump and Justice Department officials over the Supreme Court filing was first reported by The Wall Street Journal.The episode with Mr. Clark and Mr. Perry is yet another example at impeachment managers’ disposal as they put together their case that Mr. Trump should be disqualified from holding office again.Mr. Clark declined to comment on his relationship with Mr. Perry, and he categorically denied devising any plan to oust Mr. Rosen. He said that there had been “a candid discussion of options and pros and cons with the president” that had been inaccurately described by The Times, but he declined to provide details. He declined to say anything more about his conversations with Mr. Trump or Justice Department lawyers because of “the strictures of legal privilege.”Asked whether his conversations with the president had violated the department policy governing contact with the president, he said that senior lawyers at the agency provided legal advice to the White House as part of their duties. “All my official communications were consistent with law,” he said.Mr. Clark, a member of the conservative Federalist Society, had been appointed the acting head of the civil division in September. He also oversaw the department’s environmental and natural resources division, where he had worked under President George W. Bush.Neither Mr. Perry nor his top aides responded to repeated requests for comment.Some Senate Republicans, including Senator Mitch McConnell of Kentucky, the minority leader, have grown increasingly worried that if they do not intervene and distance themselves from Mr. Trump, the havoc wreaked by the former president could hurt Republicans’ political fortunes for years to come. The episode amounts to an unwelcome reminder that damaging information around his presidency could continue to emerge even though Mr. Trump is no longer in office.And Mr. Perry’s role in the discussions could further escalate tensions in the House, where Democratic lawmakers were already livid at Republicans for fanning the flames before the Capitol riot, with some rank-and-file members calling for the expulsion of lawmakers who led efforts to overturn the election.The pressure that Mr. Trump placed on the Justice Department, including any plan that he may have considered to remove Mr. Rosen, also raises legal questions for him.The acting attorney general, Jeffrey A. Rosen, in October. Mr. Perry worked with Jeffrey Clark, the acting chief of the Justice Department’s civil division, to try to remove Mr. Rosen from his post.Credit…Ting Shen for The New York TimesMr. Trump’s duty as president was to ensure that “laws be faithfully executed for the benefit of the country,” and efforts to interfere in the election could be considered a violation of his constitutional duty, said Neil Eggleston, a partner at Kirkland & Ellis and a White House counsel under President Barack Obama.There is little chance that a Justice Department letter sent to Georgia lawmakers would have prompted the state to invalidate its Electoral College votes.But the plan was consistent with the posture Mr. Perry had taken since November, when he began to falsely claim that there had been rampant fraud in the election, and throughout it all, Mr. Perry has remained defiant. Facing calls to resign over his role in the efforts to overturn the election, Mr. Perry issued a one-word response: “No.”Mr. Perry, a retired brigadier general in the Pennsylvania Army National Guard and an Iraq War veteran, has been scrutinized for his openness to the conspiratorial. He baselessly suggested that the 2017 mass shooting in Las Vegas by a lone gunman could have been influenced by “terrorist infiltration through the southern border” and refused to support a resolution that condemned QAnon, a pro-Trump conspiracy movement. (Mr. Perry said he believed that the resolution infringed on individuals’ right to free speech and that he did not personally subscribe to the movement.)An early supporter of the “Stop the Steal” campaign, Mr. Perry was one of 126 House Republicans who joined a legal brief in December supporting an extraordinary lawsuit seeking to overturn Mr. Biden’s victory. And he joined over two dozen of his colleagues who urged Mr. Trump to direct William P. Barr, the attorney general, to “investigate irregularities in the 2020 election.”He objected on behalf of 79 other House Republicans to certifying Pennsylvania’s electoral results and was among 139 House Republicans who voted to reject Mr. Biden’s electoral victory, even though he later acknowledged Mr. Biden as the president-elect.The plan that Mr. Perry devised with Mr. Clark set off a crisis at the Justice Department. When Mr. Clark approached Mr. Rosen with the Georgia letter at the end of December, Mr. Rosen refused to send it, according to four former administration officials. On Jan. 3, Mr. Clark notified Mr. Rosen that he would be taking his job at Mr. Trump’s behest.As Mr. Rosen prepared to meet Mr. Trump later that day and fight for his job, his top deputies, including the acting deputy attorney general, Richard P. Donoghue, and his outgoing chief of staff, Patrick Hovakimian, convened the department’s senior leaders on a conference call, according to five former officials with knowledge of the call.They told the department leaders that Mr. Rosen’s job was in jeopardy because of Mr. Clark’s machinations and said they would resign if Mr. Rosen was removed. They ended the call by asking their colleagues to privately consider what they would do if that happened. Over the next 15 minutes, all of them emailed or texted Mr. Hovakimian, saying that they would quit.While Mr. Rosen, Mr. Donoghue and other top department and White House lawyers spent nearly three hours with Mr. Trump and Mr. Clark, debating the merits of sending the letter to Georgia lawmakers, Mr. Hovakimian — in anticipation of Mr. Rosen’s removal — drafted an email to the department’s senior leaders, including those who were not aware of what was transpiring at the White House, according to two people briefed on the letter.In it, he explained that Mr. Rosen had resisted Mr. Trump’s repeated calls to use the department’s law enforcement powers for improper ends and that the president had removed him, according to a person who reviewed the email. He wrote that he and Mr. Donoghue were resigning immediately and encouraged his colleagues to think hard about what they would do and to always act in the interests of the United States.When Mr. Hovakimian received word that Mr. Rosen had been allowed to stay, he drafted a new email that he sent to the anxiously awaiting officials: Mr. Rosen and the cause of justice had won.Maggie Haberman More

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      Trump and Justice Dept. Lawyer Said to Have Plotted to Oust Acting AG

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyTrump and Justice Dept. Lawyer Said to Have Plotted to Oust Acting Attorney GeneralTrying to find another avenue to push his baseless election claims, Donald Trump considered installing a loyalist, and had the men make their cases to him.Jeffrey Clark, who led the Justice Department’s civil division, had been working with President Donald J. Trump to devise ways to cast doubt on the election results.Credit…Susan Walsh/Associated PressJan. 22, 2021Updated 8:50 p.m. ETWASHINGTON — The Justice Department’s top leaders listened in stunned silence this month: One of their peers, they were told, had devised a plan with President Donald J. Trump to oust Jeffrey A. Rosen as acting attorney general and wield the department’s power to force Georgia state lawmakers to overturn its presidential election results.The unassuming lawyer who worked on the plan, Jeffrey Clark, had been devising ways to cast doubt on the election results and to bolster Mr. Trump’s continuing legal battles and the pressure on Georgia politicians. Because Mr. Rosen had refused the president’s entreaties to carry out those plans, Mr. Trump was about to decide whether to fire Mr. Rosen and replace him with Mr. Clark.The department officials, convened on a conference call, then asked each other: What will you do if Mr. Rosen is dismissed?The answer was unanimous. They would resign.Their informal pact ultimately helped persuade Mr. Trump to keep Mr. Rosen in place, calculating that a furor over mass resignations at the top of the Justice Department would eclipse any attention on his baseless accusations of voter fraud. Mr. Trump’s decision came only after Mr. Rosen and Mr. Clark made their competing cases to him in a bizarre White House meeting that two officials compared with an episode of Mr. Trump’s reality show “The Apprentice,” albeit one that could prompt a constitutional crisis.The previously unknown chapter was the culmination of the president’s long-running effort to batter the Justice Department into advancing his personal agenda. He also pressed Mr. Rosen to appoint special counsels, including one who would look into Dominion Voting Systems, a maker of election equipment that Mr. Trump’s allies had falsely said was working with Venezuela to flip votes from Mr. Trump to Joseph R. Biden Jr.This account of the department’s final days under Mr. Trump’s leadership is based on interviews with four former Trump administration officials who asked not to be named because of fear of retaliation.Mr. Clark said that this account contained inaccuracies but did not specify, adding that he could not discuss any conversations with Mr. Trump or Justice Department lawyers. “Senior Justice Department lawyers, not uncommonly, provide legal advice to the White House as part of our duties,” he said. “All my official communications were consistent with law.”Mr. Clark also noted that he was the lead signatory on a Justice Department request last month asking a federal judge to reject a lawsuit that sought to pressure Vice President Mike Pence to overturn the results of the election.Mr. Trump declined to comment. An adviser said that Mr. Trump has consistently argued that the justice system should investigate “rampant election fraud that has plagued our system for years.”The adviser added that “any assertion to the contrary is false and being driven by those who wish to keep the system broken.”A Justice Department spokesman declined to comment, as did Mr. Rosen. When Mr. Trump said on Dec. 14 that Attorney General William P. Barr was leaving the department, some officials thought that he might allow Mr. Rosen a short reprieve before pressing him about voter fraud. After all, Mr. Barr would be around for another week.Instead, Mr. Trump summoned Mr. Rosen to the Oval Office the next day. He wanted the Justice Department to file legal briefs supporting his allies’ lawsuits seeking to overturn his election loss. And he urged Mr. Rosen to appoint special counsels to investigate not only unfounded accusations of widespread voter fraud, but also Dominion, the voting machines firm.(Dominion has sued the pro-Trump lawyer Sidney Powell, who inserted those accusations into four federal lawsuits about voter irregularities that were all dismissed.)Mr. Rosen refused. He maintained that he would make decisions based on the facts and the law, and he reiterated what Mr. Barr had privately told Mr. Trump: The department had investigated voting irregularities and found no evidence of widespread fraud.But Mr. Trump continued to press Mr. Rosen after the meeting — in phone calls and in person. He repeatedly said that he did not understand why the Justice Department had not found evidence that supported conspiracy theories about the election that some of his personal lawyers had espoused. He declared that the department was not fighting hard enough for him.As Mr. Rosen and the deputy attorney general, Richard P. Donoghue, pushed back, they were unaware that Mr. Clark had been introduced to Mr. Trump by a Pennsylvania politician and had told the president that he agreed that fraud had affected the election results.Election workers performing a recount in Atlanta in November. Mr. Trump focused on Georgia’s election outcome after he lost the state.Credit…Nicole Craine for The New York TimesMr. Trump quickly embraced Mr. Clark, who had been appointed the acting head of the civil division in September and was also the head of the department’s environmental and natural resources division.As December wore on, Mr. Clark mentioned to Mr. Rosen and Mr. Donoghue that he spent a lot of time reading on the internet — a comment that alarmed them because they inferred that he believed the unfounded conspiracy theory that Mr. Trump had won the election. Mr. Clark also told them that he wanted the department to hold a news conference announcing that it was investigating serious accusations of election fraud. Mr. Rosen and Mr. Donoghue rejected the proposal.As Mr. Trump focused increasingly on Georgia, a state he lost narrowly to Mr. Biden, he complained to Justice Department leaders that the U.S. attorney in Atlanta, Byung J. Pak, was not trying to find evidence for false election claims pushed by Mr. Trump’s lawyer Rudolph W. Giuliani and others. Mr. Donoghue warned Mr. Pak that the president was now fixated on his office, and that it might not be tenable for him to continue to lead it, according to two people familiar with the conversation.That conversation and Mr. Trump’s efforts to pressure Georgia’s Republican secretary of state to “find” him votes compelled Mr. Pak to abruptly resign this month.Mr. Clark was also focused on Georgia. He drafted a letter that he wanted Mr. Rosen to send to Georgia state legislators that wrongly said that the Justice Department was investigating accusations of voter fraud in their state, and that they should move to void Mr. Biden’s win there.Mr. Rosen and Mr. Donoghue again rejected Mr. Clark’s proposal.On New Year’s Eve, the trio met to discuss Mr. Clark’s refusal to hew to the department’s conclusion that the election results were valid. Mr. Donoghue flatly told Mr. Clark that what he was doing was wrong. The next day, Mr. Clark told Mr. Rosen — who had mentored him while they worked together at the law firm Kirkland & Ellis — that he was going to discuss his strategy with the president early the next week, just before Congress was set to certify Mr. Biden’s electoral victory.Unbeknown to the acting attorney general, Mr. Clark’s timeline moved up. He met with Mr. Trump over the weekend, then informed Mr. Rosen midday on Sunday that the president intended to replace him with Mr. Clark, who could then try to stop Congress from certifying the Electoral College results. He said that Mr. Rosen could stay on as his deputy attorney general, leaving Mr. Rosen speechless.Unwilling to step down without a fight, Mr. Rosen said that he needed to hear straight from Mr. Trump and worked with the White House counsel, Pat A. Cipollone, to convene a meeting for early that evening.Mr. Clark asked Mr. Trump to oust Jeffrey A. Rosen, the acting attorney general.Credit…Ting Shen for The New York TimesEven as Mr. Clark’s pronouncement was sinking in, stunning news broke out of Georgia: State officials had recorded an hourlong call, published by The Washington Post, during which Mr. Trump pressured them to manufacture enough votes to declare him the victor. As the fallout from the recording ricocheted through Washington, the president’s desperate bid to change the outcome in Georgia came into sharp focus.Mr. Rosen and Mr. Donoghue pressed ahead, informing Steven Engel, the head of the Justice Department’s office of legal counsel, about Mr. Clark’s latest maneuver. Mr. Donoghue convened a late-afternoon call with the department’s remaining senior leaders, laying out Mr. Clark’s efforts to replace Mr. Rosen.Mr. Rosen planned to soon head to the White House to discuss his fate, Mr. Donoghue told the group. Should Mr. Rosen be fired, they all agreed to resign en masse. For some, the plan brought to mind the so-called Saturday Night Massacre of the Nixon era, where Attorney General Elliot L. Richardson and his deputy resigned rather than carry out the president’s order to fire the special prosecutor investigating him.The Clark plan, the officials concluded, would seriously harm the department, the government and the rule of law. For hours, they anxiously messaged and called one another as they awaited Mr. Rosen’s fate.Around 6 p.m., Mr. Rosen, Mr. Donoghue and Mr. Clark met at the White House with Mr. Trump, Mr. Cipollone, his deputy Patrick Philbin and other lawyers. Mr. Trump had Mr. Rosen and Mr. Clark present their arguments to him.Mr. Cipollone advised the president not to fire Mr. Rosen and he reiterated, as he had for days, that he did not recommend sending the letter to Georgia lawmakers. Mr. Engel advised Mr. Trump that he and the department’s remaining top officials would resign if he fired Mr. Rosen, leaving Mr. Clark alone at the department.Mr. Trump seemed somewhat swayed by the idea that firing Mr. Rosen would trigger not only chaos at the Justice Department, but also congressional investigations and possibly recriminations from other Republicans and distract attention from his efforts to overturn the election results.After nearly three hours, Mr. Trump ultimately decided that Mr. Clark’s plan would fail, and he allowed Mr. Rosen to stay.Mr. Rosen and his deputies concluded they had weathered the turmoil. Once Congress certified Mr. Biden’s victory, there would be little for them to do until they left along with Mr. Trump in two weeks.They began to exhale days later as the Electoral College certification at the Capitol got underway. And then they received word: The building had been breached.Maggie Haberman More