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

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

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      Justice Dept. Examines Emails from Trump Lawyers in Fake Elector Inquiry

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      Prosecutors have combed through more than 100,000 documents from John Eastman, Jeffrey Clark and Ken Klukowski, who played roles in the effort to reverse the outcome of the 2020 election.Federal prosecutors have examined more than 100,000 documents seized from the email accounts of three lawyers associated with former President Donald J. Trump in a continuing investigation into the roles they played in a wide-ranging scheme to help Mr. Trump overturn the results of the 2020 election, according to court papers released on Friday.The material came from email accounts belonging to John Eastman, who helped devise and promote a plan to create fake slates of pro-Trump electors in states that were actually won by Joseph R. Biden Jr., and two former Justice Department lawyers, Jeffrey Clark and Ken Klukowski, who have faced scrutiny for their own roles in the fake electors scheme, the papers say.As part of their inquiry, federal investigators in Washington obtained a search warrant for the three men’s email accounts in May and the following month seized their cellphones and other electronic devices. The court papers, unsealed by Beryl A. Howell, the chief judge in Federal District Court in Washington, revealed for the first time the extent of the emails that investigators had obtained.The court papers, which emerged from a behind-the-scenes review of the material for any that might be protected by attorney-client privilege, said little about the contents of the emails. But they noted that each of the men was in contact with a leader of the far-right House Freedom Caucus, Representative Scott Perry, Republican of Pennsylvania, whose own phone was seized in August as part of the investigation into the fake elector scheme.Reviewing seized materials for any that might be privileged is a common step in criminal investigations — especially in sensitive ones targeting lawyers. The review of the emails in this case occurred over the summer and was conducted by a team of prosecutors code-named “Project Coconut” that was walled off from the prosecutors running the main investigation, according to a person familiar with the matter.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.Mr. Eastman, a professor of constitutional law, has long been a focus of the Justice Department’s efforts to unravel the fake elector scheme, which involved a broad array of characters, including pro-Trump lawyers, White House aides and numerous local officials in key swing states around the country.Mr. Eastman has also been at the center of a parallel inquiry run by the House select committee investigating the Jan. 6, 2021, attack on the Capitol, which has accused him of conspiring with Mr. Trump to defraud the United States and obstruct the final certification of the 2020 election.Encouraged by Mr. Perry, Mr. Trump considered then abandoned a plan in the days before the Capitol attack to put Mr. Clark in charge of the Justice Department as acting attorney general.At the time, Mr. Clark was proposing to send a letter to state officials in Georgia falsely stating that the department had evidence that could lead Georgia to rescind its certification of Mr. Biden’s victory in that key state. The effort to send the letter was cut short by Mr. Clark’s superiors.Mr. Klukowski, who briefly served under Mr. Clark at the Justice Department and had earlier worked at the White House budget office, helped Mr. Clark draft the letter to state officials in Georgia. While working at the department, he was also in contact with Mr. Eastman, according to evidence presented by the Jan. 6 House committee.According to the newly unsealed papers, Mr. Klukowski sent Mr. Perry an email eight days after the election with a document attached titled “Electors Clause/The Legislature Option.” The document outlined an argument central to the fake elector scheme — namely, that “the Constitution makes state legislatures the final authority on presidential elections,” the court papers said.Mr. Eastman’s emails to Mr. Perry suggest that the two men traded phone calls in the weeks leading up to Jan. 6. The court papers note that Mr. Clark exchanged several emails with Mr. Perry in February 2021, after the Capitol was stormed, but the descriptions of their contents were redacted.The papers also say that investigators found a draft of Mr. Clark’s autobiography in his emails, tracing his life from “growing up deplorable in Philadelphia” to working in the Justice Department. An outlined portion of the draft provides a “detailed description” of a previously disclosed meeting that Mr. Clark had on Jan. 3, 2021, with Mr. Trump and two top Justice Department officials at which they “discussed Clark’s draft letter” to the officials in Georgia. More

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      Jan. 6 Panel to Consider Criminal Referrals Against Trump and Allies in Final Session

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      The committee announced a Dec. 19 meeting to discuss its final report and consider criminal and civil referrals against the former president and key players in his plot to overturn the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol plans on Monday to consider issuing criminal referrals against former President Donald J. Trump and his top allies during a final meeting as it prepares to release a voluminous report laying out its findings about the attempt to overturn the 2020 election.The committee announced a business meeting scheduled for 1 p.m. Monday during which members are expected to discuss the forthcoming report and recommendations for legislative changes, and to consider both criminal and civil referrals against individuals it has concluded broke laws or committed ethical violations.Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said the panel was considering referrals to “five or six” different entities, including the Justice Department, the House Ethics Committee, the Federal Election Commission and bar associations. Such referrals, which the committee is slated to approve as it adopts its report, would not carry any legal weight or compel any action, but they would send a powerful signal that a congressional committee believes that the individuals cited committed crimes or other infractions.In the case of Mr. Trump, an official finding that a former president should be prosecuted for violating the law would be a rare and unusual step for the legislative branch to take.In addition to the former president, the panel is likely to consider referring some of his allies to the Justice Department, including John Eastman, a conservative lawyer who was an architect of Mr. Trump’s efforts to invalidate his electoral defeat. The committee has argued in court that Mr. Eastman most likely violated two federal laws for his role in the scheme, including obstructing an official act of Congress and defrauding the American public.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.“Stay tuned,” Mr. Thompson told reporters this week, declining to divulge any charges or individuals who would be named. “We’re going with what we think are the strongest arguments.”The panel plans to release a portion of its eight-chapter final report into the effort to block the peaceful transfer of power from Mr. Trump to Joseph R. Biden Jr. The committee’s full report is scheduled for release on Wednesday. Additional attachments and transcripts will be released before the end of the year, according to a committee aide who spoke on the condition of anonymity without authorization to discuss the plans in advance..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Representative Jamie Raskin, Democrat of Maryland and the committee member whom Mr. Thompson tasked with studying criminal referrals, said the panel would present evidence of the alleged wrongdoing along with the names of the individuals it is referring to the Justice Department.“We are focused on key players where there is sufficient evidence or abundant evidence that they committed crimes,” Mr. Raskin said. “We’re focused on crimes that go right to the heart of the constitutional order, such that the Congress can’t remain silent.”The final report — which contains a lengthy executive summary of more than 100 pages — roughly mirrors the presentation of the committee’s investigative hearings that drew wide viewership over the summer. Chapter topics include Mr. Trump’s spreading of lies about the election, the creation of fake slates of pro-Trump electors in states won by Mr. Biden, and the former president’s pressure campaign against state officials, the Justice Department and former Vice President Mike Pence as he sought to overturn his defeat.The committee’s report is also expected to document how Mr. Trump summoned a mob of his supporters to Washington and then did nothing to stop them as they attacked the Capitol for more than three hours. It will also include a detailed analysis of the breach of the Capitol.“This report is written with some energy and precision and focus,” Mr. Raskin said, adding: “We’re all determined that this be a report that is made part of the national dialogue. We don’t want it to just sit up on a shelf.”The panel has already endorsed overhauling the Electoral Count Act, the law that Mr. Trump and his allies tried to exploit on Jan. 6, 2021, in an attempt to cling to power. Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office.“We obviously want to complete the story for the American people,” Mr. Raskin said. “Everybody has come on a journey with us, and we want a satisfactory conclusion, such that people feel that Congress has done its job.”He said the panel would also seek to address what must be done to prevent an event like the Jan. 6 attack from happening again.“That’s the heart of it,” Mr. Raskin said, “because we think there is a clear, continuing present danger to democracy today.”Stephanie Lai More

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      Judge Says Trump Signed Statement With Data His Lawyers Told Him Was False

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      The determination came in a decision by a federal judge that John Eastman, a lawyer for the former president, had to turn more of his emails over to the House Jan. 6 committee.Former President Donald J. Trump signed a document swearing under oath that information in a Georgia lawsuit he filed challenging the results of the 2020 election was true even though his own lawyers had told him it was false, a federal judge wrote on Wednesday.The accusation came in a ruling by the judge, David O. Carter, ordering John Eastman, the conservative lawyer who strategized with the former president about overturning the election, to hand over 33 more emails to the House committee investigating the Jan. 6 attack on the Capitol. Judge Carter, who serves with the Federal District Court for the Central District of California, determined that the emails contained possible evidence of criminal behavior.“The emails show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public,” Judge Carter wrote. He added in a footnote that the suit contained language saying Mr. Trump was relying on information provided to him by others.The committee has fought for months to get access to hundreds of Mr. Eastman’s emails, viewing him as the intellectual architect of plans to subvert the 2020 election, including Mr. Trump’s effort to pressure Vice President Mike Pence to block or delay congressional certification of the Electoral College results on Jan. 6, 2021. Repeatedly, the panel has argued that a “crime-fraud exception” pierces the typical attorney-client privilege that often protects communications between lawyers and clients.The emails in question, which were dated between Nov. 3, 2020, and Jan. 20, 2021, came from Mr. Eastman’s account at Chapman University, where he once served as a law school dean.Judge Carter wrote on Wednesday that the crime-fraud exception applied to a number of the emails related to Mr. Trump and Mr. Eastman’s “efforts to delay or disrupt the Jan. 6 vote” and “their knowing misrepresentation of voter fraud numbers in Georgia when seeking to overturn the election results in federal court.”Judge Carter found four emails that “demonstrate an effort by President Trump and his attorneys to press false claims in federal court for the purpose of delaying the Jan. 6 vote.”In one of them, Mr. Trump’s lawyers advised him that simply having a challenge to the election pending in front of the Supreme Court could be enough to delay the final tally of Electoral College votes from Georgia.“This email,” Judge Carter wrote, “read in context with other documents in this review, make clear that President Trump filed certain lawsuits not to obtain legal relief, but to disrupt or delay the Jan. 6 congressional proceedings through the courts.”Another email was related to the lawsuit Mr. Trump and his lawyers filed in Fulton County, Ga., in December 2020, contending that thousands of votes had been improperly counted and citing specific numbers of dead people, felons and unregistered voters who had cast ballots.In one email ordered for release, Mr. Eastman made plain his view that Mr. Trump should not sign a document making specific claims about voter fraud in the county because his legal team had learned they were inaccurate.“Although the president signed a verification for [the state court filing] back on Dec. 1, he has since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate,” Mr. Eastman wrote. “For him to sign a new verification with that knowledge (and incorporation by reference) would not be accurate.”But Mr. Trump did sign a new verification, on Dec. 31, 2020, after the suit was moved to federal court. The suit included a caveat that the voter fraud figures it used were to be relied upon “only to the extent” that “such information has been provided” to Mr. Trump’s legal team; the suit also stated that such data was subject to “amendment” or “adjustment.”The episode was the latest example of how Mr. Trump was repeatedly told that his claims of widespread voter fraud were false and often pressed forward with them anyway. His attorney general at the time, William P. Barr, informed him at least three times that his accusations about fraud were unfounded, as did other top officials at the Justice Department, the White House Counsel’s Office and the Trump campaign.Judge Carter’s ruling came as part of a federal lawsuit Mr. Eastman filed at the beginning of the year, seeking to bar the committee from obtaining his emails as part of its inquiry into Mr. Trump’s efforts to overturn the election.In a previous ruling, issued in March, Judge Carter offered a sweeping analysis of how Mr. Trump and Mr. Eastman most likely committed felonies, including obstructing the work of Congress on Jan. 6 and conspiring to defraud the United States.Mr. Eastman has also been a focus of the Justice Department’s investigation into Jan. 6 and the months leading up to it.In June, federal agents seized Mr. Eastman’s phone as part of what appears to be a broad grand jury inquiry into Mr. Trump’s role in intersecting schemes to stay in power, including a plan to create fake slates of pro-Trump electors in states that were won by Joseph R. Biden Jr. A flurry of subpoenas issued by the grand jury, sitting in Washington, named Mr. Eastman and several other lawyers close to Mr. Trump as subjects of interest. More

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      Ginni Thomas Repeats False 2020 Election Claim in Jan. 6 Interview

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      In a closed-door interview with the House committee investigating the Jan. 6 attack, Ms. Thomas reiterated her false assertion that the 2020 election was stolen from President Donald J. Trump.WASHINGTON — Virginia Thomas, the wife of Justice Clarence Thomas and a conservative activist who pushed to overturn the 2020 election, told the House committee investigating the Jan. 6 attack on the Capitol that she never discussed those efforts with her husband, during a closed-door interview in which she continued to perpetuate the false claim that the election was stolen.Leaving the interview, which took place at an office building near the Capitol and lasted about four hours, Ms. Thomas smiled in response to reporters’ questions, but declined to answer any publicly.She did, however, answer questions behind closed doors, said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, who added that her testimony could be included in an upcoming hearing.“If there’s something of merit, it will be,” he said.During her interview, Ms. Thomas, who goes by Ginni, repeated her assertion that the 2020 election was stolen from President Donald J. Trump, Mr. Thompson said, a belief she insisted upon in late 2020 as she pressured state legislators and the White House chief of staff to do more to try to invalidate the results.In a statement she read at the beginning of her testimony, Ms. Thomas denied having discussed her postelection activities with her husband.In her statement, a copy of which was obtained by The New York Times, Ms. Thomas called it “an ironclad rule” that she and Justice Thomas never speak about cases pending before the Supreme Court. “It is laughable for anyone who knows my husband to think I could influence his jurisprudence — the man is independent and stubborn, with strong character traits of independence and integrity,” she added.The interview ended months of negotiations between the committee and Ms. Thomas over her testimony. The committee’s investigators had grown particularly interested in her communications with John Eastman, the conservative lawyer who was in close contact with Mr. Trump and wrote a memo that Democrats and anti-Trump Republicans have likened to a blueprint for a coup.“At this point, we’re glad she came,” Mr. Thompson said.After Ms. Thomas’s appearance on Thursday, her lawyer Mark Paoletta said she had been “happy to cooperate with the committee to clear up the misconceptions about her activities surrounding the 2020 elections.”“She answered all the committee’s questions,” Mr. Paoletta said in a statement. “As she has said from the outset, Mrs. Thomas had significant concerns about fraud and irregularities in the 2020 election. And, as she told the committee, her minimal and mainstream activity focused on ensuring that reports of fraud and irregularities were investigated. Beyond that, she played no role in any events after the 2020 election results. As she wrote in a text to Mark Meadows at the time, she also condemned the violence on Jan. 6, as she abhors violence on any side of the aisle.”A spokesman for the committee declined to comment.Ms. Thomas exchanged text messages with Mr. Meadows, the White House chief of staff, in which she urged him to challenge Joseph R. Biden Jr.’s victory in the 2020 election, which she called a “heist,” and indicated that she had reached out to Jared Kushner, the president’s son-in-law, about Mr. Trump’s efforts to use the courts to keep himself in power. She even suggested the lawyer who should be put in charge of that effort..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Ms. Thomas also pressed lawmakers in several states to fight the results of the election.But it was Ms. Thomas’s interactions with Mr. Eastman, a conservative lawyer who pushed Vice President Mike Pence to block or delay the certification of Electoral College votes on Jan. 6, 2021, that have most interested investigators.“She’s a witness,” Mr. Thompson said Thursday. “We didn’t accuse her of anything.”The panel obtained at least one email between Ms. Thomas and Mr. Eastman after a federal judge ordered Mr. Eastman to turn over documents to the panel from the period after the November 2020 election when he was meeting with conservative groups to discuss fighting the election results.That same judge has said it is “more likely than not” that Mr. Trump and Mr. Eastman committed two felonies as part of the effort, including conspiracy to defraud the American people.Mr. Paoletta has argued that the communications between Ms. Thomas and Mr. Eastman contain little of value to the panel’s investigation.Ms. Thomas’s cooperation comes as the Jan. 6 committee is entering its final months of work after a summer of high-profile hearings and preparing an extensive report, which is expected to include recommendations for how to confront the threats to democracy highlighted by the riot and Mr. Trump’s drive to overturn the election.The interview came just days after the panel abruptly postponed a hearing scheduled for Wednesday, citing the hurricane bearing down on Florida. The hearing has yet to be rescheduled.Representative Jamie Raskin, Democrat of Maryland and a member of the committee, said Ms. Thomas’s interview showed that “people continue to cooperate with the committee and understand the importance of our investigation.”The panel has interviewed more than 1,000 witnesses and has received hundreds of thousands of documents and more than 10,000 submissions to its tip line since June.“There’s a lot more information coming in all the time,” Mr. Raskin said.He said the committee members have viewed thousands of hours’ worth of video images and tape but want to be “disciplined” about how they present them in the next hearing.“There are certain people who are going to denounce whatever we do, no matter what,” he said. “We just want to be able to complete the narrative and then deliver our recommendations about what needs to be done in order to insulate American democracy against coups, insurrection, political violence and electoral sabotage in the future.”Maggie Haberman More

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      Virginia Thomas Agrees to Interview With Jan. 6 Panel

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      The committee has sought for months to interview Ms. Thomas, the wife of Justice Clarence Thomas, about her involvement in efforts to overturn the 2020 election.WASHINGTON — Virginia Thomas, the wife of Justice Clarence Thomas and a conservative activist who pushed to overturn the 2020 election, has agreed to sit for an interview with the House committee investigating the Jan. 6 attack on the Capitol.The development could represent a breakthrough for the committee, which for months has sought to interview Ms. Thomas, who goes by Ginni, about her communications with a conservative lawyer in close contact with former President Donald J. Trump.“I can confirm that Ginni Thomas has agreed to participate in a voluntary interview with the committee,” her lawyer, Mark Paoletta, said in a statement. “As she has said from the outset, Mrs. Thomas is eager to answer the committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”Her cooperation was reported earlier by CNN. A spokesman for the committee declined to comment.The committee requested an interview with Ms. Thomas in June, after it emerged that she had exchanged text messages with Mark Meadows, the White House chief of staff, in which she urged on efforts to challenge Joseph R. Biden Jr.’s victory in the 2020 election. She also pressed lawmakers in several states to fight the results of the election.But it was Ms. Thomas’s interactions with John Eastman, a conservative lawyer who pushed Vice President Mike Pence to block or delay the certification of Electoral College votes on Jan. 6, 2021, that has most interested investigators.“We are specifically investigating the activities of President Trump, John Eastman and others as they relate to the Constitution and certain other laws, including the Electoral Count Act, that set out the required process for the election and inauguration of the president,” the committee’s leaders — Representative Bennie Thompson, Democrat of Mississippi, and Representative Liz Cheney, Republican of Wyoming — wrote to Ms. Thomas. “The select committee has obtained evidence that John Eastman worked to develop alternate slates of electors to stop the electoral count on Jan. 6.”The panel obtained at least one email between Ms. Thomas and Mr. Eastman after a federal judge ordered Mr. Eastman to turn over documents to the panel from the period after the November 2020 election when he was meeting with conservative groups to discuss fighting the election results.That same judge has said it is “more likely than not” that Mr. Trump and Mr. Eastman committed two felonies as part of the effort, including conspiracy to defraud the American people.Mr. Paoletta has argued that the communications between Ms. Thomas and Mr. Eastman contain little of value to the panel’s investigation.Ms. Thomas’s cooperation comes as the Jan. 6 committee is entering its final months of work after a summer of high-profile hearings and preparing an extensive report, which is expected to include recommendations for how to confront the threats to democracy highlighted by the riot and Mr. Trump’s drive to overturn the election. Mr. Thompson, the chairman of the panel, said the next and likely final hearing would take place on Sept. 28.“We have substantial footage of what occurred that we haven’t used; we’ve had significant witness testimony that we haven’t used,” Mr. Thompson said in an interview. “This is an opportunity to use some of that material.” More

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      For Trump’s Lawyers, Legal Exposure Comes With the Job

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      The many lawyers who have helped the former president avoid removal from office and indictment have drawn legal problems of their own.A dark joke has begun circulating among lawyers following the many legal travails of former President Donald J. Trump: MAGA actually stands for “making attorneys get attorneys.”Over six years and nine major investigations by Congress, the Justice Department and local prosecutors, as Mr. Trump has managed to avoid removal from the presidency and indictment, it has become clear that serving as one of his lawyers is a remarkably risky job — and one that can involve considerable legal exposure. Time after time, his attorneys have been asked to testify as witnesses to potential crimes — or come under scrutiny as possible criminal conspirators themselves.While the consequences his lawyers faced were extraordinary when Mr. Trump was in the White House, the dangers have only intensified since he left office and have become increasingly acute in recent weeks, as the former president has come under scrutiny in two different Justice Department investigations and has been forced yet again to find lawyers willing to represent him.Last week, a Justice Department filing revealed that Mr. Trump’s lawyers had misled federal investigators about whether he had handed over to the Justice Department all the classified documents he took from the White House when he left office. That raised questions about whether the lawyers, M. Evan Corcoran and Christina Bobb, could be prosecuted themselves and might ultimately be forced to become witnesses against their client. (Ms. Bobb recently retained a lawyer, according to a person familiar with the situation.)The revelation capped a summer in which a team of lawyers that had been advising Mr. Trump as he tried to overturn the 2020 election faced a range of repercussions across the country from federal investigators, local prosecutors, state bar associations and government accountability groups.One of Mr. Trump’s highest-profile lawyers, Rudolph W. Giuliani, was named as a target in a state criminal investigation in Georgia. The conservative lawyer John Eastman, who came up with what he conceded privately was an unlawful strategy to help Mr. Trump overturn the election, said he believed he was a target in that same investigation and declined to answer questions while being deposed before a grand jury. Mr. Giuliani and Mr. Eastman have also been named as subjects of interest in a flurry of federal grand jury subpoenas seeking evidence about attempts by Mr. Trump’s allies to create fake slates of electors to help keep him in office.Two others who worked for Mr. Trump in the White House — the White House counsel Pat A. Cipollone and his deputy Patrick F. Philbin — were subpoenaed to appear before a federal grand jury in Washington investigating the efforts to overturn the 2020 election, including the roles that Mr. Giuliani and Mr. Eastman had played in helping Mr. Trump.Mr. Cipollone, Mr. Philbin and at least nine other lawyers who worked for Mr. Trump have testified before the congressional committee investigating the Jan. 6 attack. Earlier this year, Mr. Cipollone and Mr. Philbin also were interviewed by the F.B.I. as part of its investigation into the classified documents investigation.A video clip of John Eastman, left, invoking the Fifth Amendment during a deposition for the House Jan. 6 committee was shown in a hearing this summer.Doug Mills/The New York TimesAnd 17 mostly lesser-known lawyers who represented Mr. Trump in battleground states as he tried to overturn the election are facing ethics complaints, putting them at risk of being disciplined or disbarred by bar associations or the courts.Vigorously defending the client — even one known for unscrupulous behavior or accused of an egregious crime — is part of a lawyer’s basic job description. But attorneys are bound by a code of professional conduct that forbids them from crossing certain lines, including knowingly making false claims, filing frivolous lawsuits or motions, and doing anything to further a crime.The adage for lawyers representing clients accused of criminality, said Fritz Scheller, a longtime Florida defense lawyer, is that at the end of the day, no matter how bad it may have been for the client, the lawyer still gets to walk out the front door of the courthouse without any personal legal issues.“That bad day for the criminal defense attorney becomes his worst day when he leaves through the courthouse door used for defendants on their way to jail,” Mr. Scheller said.What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More

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      Graham Ordered to Appear Before Atlanta Grand Jury Investigating Trump

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      A federal judge declined to stay her order that Senator Lindsey Graham of South Carolina appear on Tuesday before a special grand jury in Atlanta.ATLANTA — A federal judge on Friday turned down a request by Senator Lindsey Graham of South Carolina to avoid testifying next week before a special grand jury investigating attempts by former President Trump and his allies to overturn his November 2020 election loss in Georgia.The order, issued by U.S. District Court Judge Leigh Martin May, means that Mr. Graham, a South Carolina Republican and staunch Trump ally, is on track to appear in a closed-door session of the special grand jury on Tuesday at a downtown Atlanta courthouse. However, Mr. Graham already has taken his case to the U.S. Court of Appeals for the 11th Circuit, which has the ability to step in to postpone his appearance.Judge May had earlier issued an order forcing the senator to give testimony, but Mr. Graham asked the judge to stay the order while he pursued his appeal in the case. On Friday, the judge wrote that “the public interest would not be served” by granting a stay and delaying Mr. Graham’s testimony.“In this context, the public interest is well-served when a lawful investigation aimed at uncovering the facts and circumstances of alleged attempts to disrupt or influence Georgia’s elections is allowed to proceed without unnecessary encumbrances,” Judge May, who was appointed by President Barack Obama, wrote.Mr. Graham is one of a number of Republican witnesses who have fought subpoenas to appear in person before the grand jury. So far, most have lost.Mr. Trump’s former personal lawyer, Rudolph W. Giuliani, spent hours before the same special grand jury earlier this week, after initially saying that health conditions prevented him from flying to Atlanta from New York. Two other Trump team lawyers who unsuccessfully fought their subpoenas, Jenna Ellis and John Eastman, are scheduled to appear before the grand jury before the end of the month.And a hearing in Fulton County Superior Court has been scheduled for Thursday to consider Gov. Brian Kemp’s efforts to quash a subpoena compelling his testimony. In a motion this week, the Georgia Republican argued that he had been mistreated by the office of Fani T. Willis, the Fulton County district attorney, and claimed that she had subpoenaed him “for improper political purposes.”Lawyers for Mr. Graham have said that he was informed by Fulton County prosecutors that he was a witness, not a target, in the case.Mr. Trump’s former personal lawyer, Rudolph W. Giuliani, spent hours before the special grand jury in Atlanta this week.Nicole Craine for The New York TimesEven so, prosecutors want Mr. Graham’s testimony for a number of reasons. Among them are two phone calls that he placed just after the 2020 election to Brad Raffensperger, the Georgia secretary of state, in which Mr. Graham inquired about ways to help Mr. Trump by invalidating certain mail-in votes.They also want to ask him other questions about what they have called “the multi-state, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.” Prosecutors have said in court documents that they expect Mr. Graham’s testimony “to reveal additional sources of information” related to their investigation.Mr. Graham’s lawyers have argued, among other things, that he should be shielded from testimony under the Constitution’s speech and debate clause, which bars questioning of members of Congress about their legitimate legislative activities. They argue that he made the phone calls to Mr. Raffensperger as part of his work as a senator and a former chair of the Judiciary Committee.But they were unable to persuade the judge that they had enough of a case to earn a stay. She noted that there were “multiple areas of proper inquiry” in the case that were not related to Mr. Graham’s work as a senator.And the judge agreed with Ms. Willis’s office that waiting for his appeal to be resolved could cause serious delays and potentially have a negative effect on the special grand jury’s work — particularly when it came to revealing “new categories of information and witnesses, thereby compounding the total delay and hampering the grand jury as it attempts to carry out its investigation expeditiously.” More