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      Trump Pressed Rosen to Wield Justice Dept. to Back 2020 Election Claims

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      The former president began pressuring his incoming acting attorney general even before announcing that his predecessor was stepping down, emails show.WASHINGTON — An hour before President Donald J. Trump announced in December that William P. Barr would step down as attorney general, the president began pressuring Mr. Barr’s eventual replacement to have the Justice Department take up his false claims of election fraud.Mr. Trump sent an email via his assistant to Jeffrey A. Rosen, the incoming acting attorney general, that contained documents purporting to show evidence of election fraud in northern Michigan — the same claims that a federal judge had thrown out a week earlier in a lawsuit filed by one of Mr. Trump’s personal lawyers.Another email from Mr. Trump to Mr. Rosen followed two weeks later, again via the president’s assistant, that included a draft of a brief that Mr. Trump wanted the Justice Department to file to the Supreme Court. It argued, among other things, that state officials had used the pandemic to weaken election security and pave the way for widespread election fraud.The draft echoed claims in a lawsuit in Texas by the Trump-allied state attorney general that the justices had thrown out, and a lawyer who had helped on that effort later tried with increasing urgency to track down Mr. Rosen at the Justice Department, saying he had been dispatched by Mr. Trump to speak with him.The emails, turned over by the Justice Department to investigators on the House Oversight Committee and obtained by The New York Times, show how Mr. Trump pressured Mr. Rosen to put the power of the Justice Department behind lawsuits that had already failed to try to prove his false claims that extensive voter fraud had affected the election results.They are also the latest example of Mr. Trump’s frenzied drive to subvert the election results in the final weeks of his presidency, including ratcheting up pressure on the Justice Department. And they show that Mr. Trump flouted an established anticorruption norm that the Justice Department acts independently of the White House on criminal investigations or law enforcement actions, a gap that steadily eroded during Mr. Trump’s term.The documents dovetail with emails around the same time from Mark Meadows, Mr. Trump’s chief of staff, asking Mr. Rosen to examine unfounded conspiracy theories about the election, including one that claimed people associated with an Italian defense contractor were able to use satellite technology to tamper with U.S. voting equipment from Europe.Mr. Trump in June 2020. The president emailed Mr. Rosen via his assistant, sending documents that purported to show election fraud.Doug Mills/The New York TimesMuch of the correspondence also occurred during a tense week within the Justice Department, when Mr. Rosen and his top deputies realized that one of their peers had plotted with Mr. Trump to first oust Mr. Rosen and then to try to use federal law enforcement to force Georgia to overturn its election results. Mr. Trump nearly replaced Mr. Rosen with that colleague, Jeffrey Clark, then the acting head of the civil division.Mr. Rosen made clear to his top deputy in one message that he would have nothing to do with the Italy conspiracy theory, arrange a meeting between the F.B.I. and one of the proponents of the conspiracy, Brad Johnson, or speak about it with Rudolph W. Giuliani, Mr. Trump’s personal lawyer.“I learned that Johnson is working with Rudy Giuliani, who regarded my comments as an ‘insult,’” Mr. Rosen wrote in the email. “Asked if I would reconsider, I flatly refused, said I would not be giving any special treatment to Giuliani or any of his ‘witnesses’, and reaffirmed yet again that I will not talk to Giuliani about any of this.”Mr. Rosen declined to comment. A spokesman for Mr. Trump could not immediately be reached for comment.The documents “show that President Trump tried to corrupt our nation’s chief law enforcement agency in a brazen attempt to overturn an election that he lost,” said Representative Carolyn B. Maloney, a New York Democrat who is the chairwoman of the House Oversight Committee.Ms. Maloney, whose committee is looking into the events leading up the Jan. 6 storming of the Capitol by a pro-Trump crowd protesting the election results, including Mr. Trump’s pressure on the Justice Department, said she has asked former Trump administration officials to sit for interviews, including Mr. Meadows, Mr. Clark and others. The House Oversight Committee requested the documents in May as part of the inquiry, and the Justice Department complied.The draft brief that Mr. Trump wanted the Justice Department to file before the Supreme Court mirrored a lawsuit that Attorney General Ken Paxton of Texas had filed to the court, alleging that a handful of battleground states had used the pandemic to make unconstitutional changes to their election laws that affected the election outcome. The states argued in response that Texas lacked standing to file the suit, and the Supreme Court rejected the case.The version of the lawsuit that Mr. Trump wanted the Justice Department to file made similar claims, saying that officials in Georgia, Michigan, Wisconsin, Arizona, Nevada and Pennsylvania had used the pandemic to unconstitutionally revise or violate their own election laws and weaken election security.To try to prove its case, the lawsuit relied on descriptions of an election monitoring video that appeared similar to one that Republican officials in Georgia rejected as doctored, as well as the debunked notion, promoted by Mr. Trump, that machines made by Dominion Voting Systems had been hacked.Eager to speak with Mr. Rosen about the draft Supreme Court lawsuit, a lawyer named Kurt Olsen, who had advised on Mr. Paxton’s effort, tried unsuccessfully to reach him multiple times, according to emails sent between 11 a.m. and 10 p.m. on Dec. 29 and obtained by the House Oversight Committee investigators.Mr. Olsen first reached out to Jeffrey B. Wall, the acting solicitor general who would have argued the brief before the Supreme Court. “Last night the President directed me to meet with AG Rosen today to discuss a similar action to be brought by the United States,” Mr. Olsen wrote. “I have not been able to reach him despite multiple calls/texts. This is an urgent matter.”Mr. Rosen’s chief of staff, John S. Moran, told Mr. Olsen that the acting attorney general was busy with other business at the White House. About an hour later, Mr. Olsen drove from Maryland to Washington “in the hopes of meeting” with Mr. Rosen at the Justice Department, the emails show.When Mr. Olsen could not get through to Mr. Rosen or Mr. Moran, he called an employee in the department’s antitrust division, according to the documents.The emails do not make clear whether Mr. Olsen met with Mr. Rosen, but a person who discussed the matter with Mr. Rosen said that a meeting never occurred. Rather, Mr. Olsen eventually cold-called the official’s private cellphone and was politely rebuffed, the person said, requesting anonymity because the matter is part of an ongoing investigation.Mr. Olsen provided more fodder for his case in an email sent later that night to Mr. Moran, saying that it was at Mr. Rosen’s request.On the day that Mr. Trump announced that Mr. Rosen would be the acting attorney general, he wanted him to look at materials about potential fraud in northern Michigan, according to an email obtained by the committee. That fraud claim had been the subject of a lawsuit filed by the former Trump adviser Sidney Powell, who argued that Dominion voting machines had flipped votes from Mr. Trump to Joseph R. Biden Jr.The state’s Republican clerk had said that human error was to blame for mistakes there that initially gave more votes to Mr. Biden, and a hand recount at the county level conducted in December confirmed that the machines had worked properly.A federal judge threw out Ms. Powell’s lawsuit on Jan. 7, saying that it was based on “nothing but speculation and conjecture.” She has been accused of defamation in a lawsuit by Dominion in part because of the Michigan claims.Mr. Rosen is in the process of negotiating to give a single interview with investigators from the House Oversight Committee, the Senate Judiciary Committee and others who are looking into the final days of the Trump administration; and he has asked the Justice Department’s current leaders to sort what he can and cannot say about the core facts that involve meetings at the Oval Office with Mr. Trump, which could be privileged.Mr. Rosen met with department officials and spoke with Mr. Trump’s representatives within the last week to discuss these matters, according to a person briefed on the meetings. If the parties cannot come to an agreement, the issue could be thrown into court, where it most likely would languish for months, if not years. 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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      Pentagon Chief Feared ‘Coup’ Accusations if He Deployed Troops to Capitol Riot

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      Christopher C. Miller, the acting defense secretary on Jan. 6, plans to defend the Pentagon’s actions before and during the violence when he testifies before a House panel on Wednesday.WASHINGTON — Christopher C. Miller, who was the acting defense secretary when rioters attacked the Capitol on Jan. 6, plans to testify before Congress on Wednesday that he worried that sending troops to the complex would contribute to perceptions of a “military coup” under President Donald J. Trump.He will also blame Mr. Trump for encouraging the violent mob that overran the Capitol Police, according to written testimony submitted to the House Committee on Oversight and Reform.Mr. Miller’s comments, part of the lengthy defense of the Pentagon’s actions before and during the mob violence, are the first he will make in sworn testimony as various committees investigate the largest attack on the Capitol since the War of 1812. He is set to testify during an hourslong hearing before the committee at 10 a.m.“I personally believe his comments encouraged the protesters that day,” Mr. Miller plans to say about Mr. Trump.Fear of the appearance of a coup was not an explanation given by the Pentagon in the days after the riot. At the time, Defense Department officials said they largely held back because they were not asked to send troops. District of Columbia officials, the former chief of the Capitol Police and Maryland’s Republican governor have all said they called for the National Guard to be deployed for hours on Jan. 6 before the Pentagon gave approval.During the hearing, Democrats plan to press Mr. Miller and former Acting Attorney General Jeffrey A. Rosen on what they believe is a “stark contrast” between how aggressively the Justice and Defense Departments responded to Black Lives Matter protests over the summer and the pro-Trump mob attack on the Capitol, according to a committee aide. Democrats also plan to ask whether the Justice Department had a “blind spot to right-wing extremism” that prevented it from anticipating the potential for violence, the aide said.“There is no question that former President Trump’s inflammatory language provoked and incited the violent mob that stormed the United States Capitol in a last-ditch effort to overturn the lawful results of the 2020 presidential election,” said Representative Carolyn B. Maloney of New York, the committee’s chairwoman. “Yet more than four months later, Congress and the American people still have many unanswered questions about why the Trump administration did not do more in response to open threats of violence espoused by violent right-wing extremists before the attack, and why federal agencies were so slow to respond once the attack began.”Mr. Rosen will reaffirm the Justice Department’s determination that it had seen “no evidence of widespread voter fraud at a scale sufficient to change the outcome of the 2020 election,” according to his submitted testimony.He also plans to testify that the department played a secondary role in security preparations for Congress’s Jan. 6 certification of the election results and the expected protests.“Based on the updates I received, I was confident that very substantial efforts were undertaken by D.O.J. personnel in advance of Jan. 6 to understand and prepare for the potential threats, and share that information with law enforcement partners,” Mr. Rosen is expected to say.Mr. Miller plans to testify that Mr. Trump did not block the National Guard from being deployed. According to his testimony, a day before the riot, the president requested 10,000 troops to be present.“The call lasted fewer than 30 seconds, and I did not respond substantively, and there was no elaboration. I took his comment to mean that a large force would be required to maintain order the following day,” Mr. Miller wrote.Defense Department officials have come under criticism since the attack, particularly from the commander of the D.C. National Guard, who testified before Congress in March that the Pentagon had placed “unusual” restrictions on his troops before the Capitol riot. The commander, Maj. Gen. William J. Walker, who has since become the House sergeant-at-arms, said the military leaders’ fears of a repeat of aggressive tactics used during racial justice protests last year slowed decision-making and squandered time as the violence escalated.He has also said he did not receive approval to mobilize troops until more than three hours after he had requested it.But Mr. Miller is expected to defend his actions, arguing that he informed General Walker hours earlier that he could deploy the guard. He also plans to say he believed a military deployment would send the wrong message to the protesters.“My concerns regarding the appropriate and limited use of the military in domestic matters were heightened by commentary in the media about the possibility of a military coup or that advisers to the president were advocating the declaration of martial law,” Mr. Miller wrote. “I was also concerned that those seeking to obstruct the Electoral College certification or otherwise disrupt our government could provoke a soldier to act in a way that could be portrayed in the media as an attack against demonstrators exercising their First Amendment rights of assembly and speech.”Capitol security officials have blamed communication breakdowns and overlapping jurisdictions for creating utter confusion that hindered attempts to stop the assault. Mr. Miller plans to testify that those breakdowns were evident in the days before the riot.“A principal concern for the Department of Defense was the apparent lack of coordination, synchronization and information exchange with and between the numerous domestic law enforcement organizations having primary jurisdiction and responsibility over such matters in the District,” he wrote. “I felt it was my responsibility to initiate these discussions given my sense that these efforts and coordination were not tightly wired at that point.”Even so, he plans to say that he stands behind the decisions he made on Jan. 6.“I know that many fine men and women serving on the front lines on Jan. 6, 2021, with domestic law enforcement agencies did their best to protect the Capitol and the individuals who were in harm’s way from a lawless and ignorant mob acting contrary to nearly two and a half centuries of peaceful and respectful transfers of power under our Constitution,” he wrote. More