Kerik, Bernard B

Subterms

    Latest story

    138 Shares199 Views

    Jan. 6 Prosecutors Gather More Evidence as Trump Indictment Decision Looms

    by

    The special counsel, Jack Smith, continues to push ahead on several fronts as he assembles evidence about former President Donald J. Trump’s efforts to retain power after the 2020 election.Even as the special counsel, Jack Smith, appears to be edging closer toward bringing charges against former President Donald J. Trump in connection with his efforts to overturn the 2020 election, prosecutors have been continuing to investigate multiple strands of the case.In recent weeks, Mr. Smith’s team has pushed forward in collecting new evidence and in arranging new interviews with witnesses who could shed light on Mr. Trump’s mind-set in the chaotic postelection period or on other subjects important to the inquiry. At the same time, word has emerged of previously undisclosed investigative efforts, hinting at the breadth and scope of the issues prosecutors are examining.In the past few days, a lawyer for Bernard B. Kerik, the former New York City police commissioner who worked closely after the election with Mr. Trump’s lawyer, Rudolph W. Giuliani, gave hundreds of pages of documents to prosecutors working with Mr. Smith.The documents detailed efforts by Mr. Kerik and Mr. Giuliani to identify and investigate allegations of fraud in the election — an issue that is likely to be front and center as prosecutors seek to understand what Mr. Trump may have been thinking when he set in motion various efforts to maintain his grip on power.While it remains unclear precisely when Mr. Smith may seek an indictment of the former president, the clearest signal yet that one was in the offing came last week from Mr. Trump, who announced on social media that he had received a so-called target letter from prosecutors alluding to at least three charges he might face.Those charges included conspiracy to defraud the United States, obstruction of an official proceeding and a Reconstruction-era civil rights statute that makes it a crime for people to conspire to threaten or intimidate others from exercising rights provided to them by federal law or the Constitution.It is not uncommon for prosecutors to keep investigating a criminal case up to the moment an indictment is returned. They can even press forward after charges are filed. But prosecutors are not supposed to use a grand jury of the sort that has been used to investigate Mr. Trump to gather fresh evidence after charges are brought — unless they intend to use the information to seek additional charges.The production of documents by Mr. Kerik, who was convicted of tax fraud but pardoned by Mr. Trump, came even as his lawyer, Timothy Parlatore, was arranging for Mr. Kerik to sit down with Mr. Smith’s prosecutors for a voluntary interview next month. Mr. Giuliani did a similar interview with Mr. Smith’s team in June.Among the previously unknown steps taken by Mr. Smith’s team was an interview conducted about three months ago with Richard P. Donoghue, a former top official in the Justice Department at the end of Mr. Trump’s time in office. NBC News reported on the interview on Monday night, and Mr. Donoghue confirmed on Tuesday that it took place. But he declined to comment on what he discussed with Mr. Smith’s prosecutors.Mr. Smith’s team conducted an interview with Richard Donoghue, the former acting deputy attorney general, who appeared before the House select committee investigating Jan. 6.Jason Andrew for The New York TimesIn late 2021, Mr. Donoghue, who served as the acting deputy attorney general under Mr. Trump, told the House select committee investigating Jan. 6 that he and Jeffrey Rosen, the acting attorney general at the time, repeatedly sought to rebuff Mr. Trump’s claims that the election had been marred by widespread fraud. At one point, Mr. Donoghue testified, Mr. Trump urged him and Mr. Rosen to “just say the election was corrupt and leave the rest to me and the Republican congressmen.”Mr. Donoghue also told the committee that in the waning days of his presidency, Mr. Trump wanted to replace Mr. Rosen with Jeffrey Clark, a loyalist within the Justice Department. Mr. Clark, whose home was searched as part of the election interference inquiry into Mr. Trump, had helped to a draft a letter suggesting that fraud had affected the election results and urging Gov. Brian Kemp of Georgia, a Republican, to call for the creation of a fake slate of electors to the Electoral College declaring that Mr. Trump had won that state, not Joseph R. Biden Jr.Mr. Smith’s team has also reached out to Mr. Kemp seeking an interview, Garrison Douglas, a spokesman for Mr. Kemp, said on Tuesday. But Mr. Douglas declined to say whether the interview, which was reported by The Washington Post, had been merely scheduled or had already taken place.Georgia was a key location in Mr. Trump’s campaign to pressure local officials to throw him the election in their states. Brad Raffensperger, Georgia’s secretary of state, recorded Mr. Trump on a phone call in early January 2021, asking him to “find” sufficient votes for him to win the state.Mr. Smith’s prosecutors have also shown interest in a different line of inquiry in recent months, asking questions about a meeting that Mr. Trump held in February 2020 with officials who briefed him about election security for the upcoming race. The special counsel’s interest in the meeting, where Mr. Trump praised what officials told him were improvements in election security, was reported earlier by CNN.During the meeting, Mr. Trump attacked Joseph Maguire, who was then serving as acting director of national intelligence, for having days earlier given a briefing on Russian interference in the 2016 election to Representative Adam Schiff, Democrat of California, then the chairman of the House Intelligence Committee, and other members of the panel, according to people familiar with the events.Mr. Trump viewed Mr. Schiff as an enemy after he focused extensively on whether Mr. Trump’s campaign had conspired with Russia during his 2016 campaign and he played an instrumental role in his first impeachment.At the meeting, officials from the F.B.I. and other agencies also told Mr. Trump about their preparations to secure the election from interference. Mr. Trump was so taken by what he heard that he wanted to hold a news conference to tout the security of the election, according to a person with knowledge of the talks.Mr. Trump’s apparent excitement at the meeting could shed light on his state of mind and what factual knowledge he had as he spread baseless lies about election fraud months later.In a related line of inquiry, prosecutors under Mr. Smith have asked questions as to when and how federal officials went about securing the election, and how they coordinated those efforts with secretaries of state in various states, according to a person familiar with the matter. Prosecutors have also sought to determine how regularly the White House was briefed on election security measures.Richard Fausset More

    More stories

    • 163 Shares129 Views

      in Elections

      Justice Dept. Issues 40 Subpoenas in a Week, Expanding Its Jan. 6 Inquiry

      by

      It also seized the phones of two top Trump advisers, a sign of an escalating investigation two months before the midterm elections.WASHINGTON — Justice Department officials have seized the phones of two top advisers to former President Donald J. Trump and blanketed his aides with about 40 subpoenas in a substantial escalation of the investigation into his efforts to subvert the 2020 election, people familiar with the inquiry said on Monday.The seizure of the phones, coupled with a widening effort to obtain information from those around Mr. Trump after the 2020 election, represent some of the most aggressive steps the department has taken thus far in its criminal investigation into the actions that led to the Jan. 6, 2021, assault on the Capitol by a pro-Trump mob.The extent of the investigation has come into focus in recent days, even though it has often been overshadowed by the government’s legal clash with Mr. Trump and his lawyers over a separate inquiry into the handling of presidential records, including highly classified materials, the former president kept at his residence in Florida, Mar-a-Lago.Federal agents with court-authorized search warrants took phones last week from at least two people: Boris Epshteyn, an in-house counsel who helps coordinate Mr. Trump’s legal efforts, and Mike Roman, a campaign strategist who was the director of Election Day operations for the Trump campaign in 2020, people familiar with the investigation said.Mr. Epshteyn and Mr. Roman have been linked to a critical element of Mr. Trump’s bid to hold onto power: the effort to name slates of electors pledged to Mr. Trump from swing states won by Joseph R. Biden Jr. in 2020 as part of a plan to block or delay congressional certification of Mr. Biden’s Electoral College victory.Key Revelations From the Jan. 6 HearingsCard 1 of 9Making a case against Trump. More

    • 125 Shares139 Views

      in Elections

      Jan. 6 Inquiry Subpoenas Navarro, Who Worked to Overturn Election

      by

      Peter Navarro, a White House adviser to former President Donald J. Trump, has written and spoken about his work on a plan to get Congress to reject the results of the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol issued a subpoena on Wednesday to Peter Navarro, a White House adviser to former President Donald J. Trump who was involved in what he called an “operation” to keep Mr. Trump in office after he lost the 2020 election.The subpoena was the committee’s latest attempt to obtain information about efforts underway in Mr. Trump’s White House to invalidate the election. In his book, titled “In Trump Time,” and in interviews with The New York Times and other outlets, Mr. Navarro has said that he worked with Stephen K. Bannon and other allies of Mr. Trump to develop and carry out a plan to delay Congress’s formal count of the 2020 presidential election results to buy time to change the outcome.Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, highlighted how openly and proudly Mr. Navarro has discussed those machinations, saying he “hasn’t been shy about his role in efforts to overturn the results of the 2020 election, and has even discussed the former president’s support for those plans.”Mr. Navarro has insisted that the violence at the Capitol on Jan. 6 was not part of his plans, which he said included having Vice President Mike Pence reject electors for Joseph R. Biden Jr. when Congress met in a joint session to formally count them.“To pull off an operation Bannon has dubbed the Green Bay Sweep — and thereby keep President Trump in the White House for a second term — we must have only peace and calm,” Mr. Navarro wrote in his book.On Wednesday, he said he would not comply with the committee’s subpoena, citing Mr. Trump’s invocation of executive privilege.“It is not my privilege to waive,” Mr. Navarro said. He also berated Mr. Pence for failing to go along with Mr. Trump’s demands that he unilaterally throw out electoral votes for Mr. Biden. And he insulted Marc Short, Mr. Pence’s former top aide who has cooperated with the panel; Mark Meadows, the former White House chief of staff; and the two Republicans on the committee, Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois.“Pence betrayed Trump. Marc Short is a Koch Network dog. Meadows is a fool and a coward. Cheney and Kinzinger are useful idiots for Nancy Pelosi and the woke Left,” Mr. Navarro wrote in an email.In his book, Mr. Navarro wrote that the idea was for Mr. Pence to be the “quarterback” of the plan and “put certification of the election on ice for at least another several weeks while Congress and the various state legislatures involved investigate all of the fraud and election irregularities.”There has been no evidence of widespread fraud or irregularities in the 2020 election, though Mr. Trump continues to claim that it was “stolen” from him.Mr. Navarro also wrote a 36-page report alleging election fraud as part of what he called an “Immaculate Deception.” In an interview with The Times, he said he relied on “thousands of affidavits” from Mr. Trump’s personal lawyer, Rudolph W. Giuliani, and Bernard B. Kerik, the former New York police commissioner, to help produce the report, which claimed there “may well have been a coordinated strategy to effectively stack the election deck against the Trump-Pence ticket.”The Jan. 6 committee described the claims in Mr. Navarro’s report as having been “discredited in public reporting, by state officials and courts.”Mr. Navarro said that he made sure Republican members of Congress received a copy of his report and that more than 100 members of Congress had signed onto the plans. (Ultimately, 147 Republican members of Congress objected to certifying at least one state for Mr. Biden.)Latest DevelopmentsCard 1 of 3A G.O.P. resolution. More

    • 125 Shares119 Views

      in Elections

      What the Trump Documents Might Tell the Jan. 6 Committee

      by

      Following last week’s Supreme Court ruling, the House panel has received material that it hopes could flesh out how the attack on the Capitol came about.The National Archives has turned over to the House select committee investigating the assault on the Capitol last Jan. 6 a large batch of documents that former President Donald J. Trump had sought to keep out of the panel’s hands, citing executive privilege.The committee has yet to make the documents public or disclose how far along it is in scrutinizing them for any new information about the roles played by Mr. Trump and his inner circle in the effort to delay certification of Joseph R. Biden Jr.’s victory in the 2020 presidential election.But in court filings, Mr. Trump, his legal team and the archives identified the documents that he was seeking to shield through claims of executive privilege, an argument that the Supreme Court rejected last week.It remains unclear how valuable the documents — at least 770 pages — will be to the investigation. But here is a list of them as identified in the court filings, what is known about them and how they might fit into the larger narrative being assembled by the committee:Proposed talking points for Mr. Trump’s press secretary and documents related to allegations of voter fraud (629 pages)Even before Election Day, Republicans and the Trump White House were pushing the notion — not backed by any evidence — that there could be widespread election fraud because of changes states enacted in response to the pandemic that made it easier for people to vote.Mr. Trump refused to concede on election night, saying publicly: “This is a fraud on the American public.” In the weeks that followed, the White House — through Kayleigh McEnany, the press secretary at the time — amplified Mr. Trump’s messaging from the briefing room and on television and social media.The materials could help the committee document the extent and intensity of the effort inside the White House to promote the baseless claims, along with more details about which members of the administration were most involved in the false claims.Presidential activity calendars and a handwritten note concerning Jan. 6 (11 pages)In a typical White House, a president’s calendar can provide an intimate picture of who the president meets with and the topics he may be discussing. Though Mr. Trump had a far less regimented schedule, there were still some meetings and events on his calendar, and aides kept track of where he was and what he was planning to do. The committee has indicated that it is especially interested in any communications that Mr. Trump had around Jan. 6 with top aides like Mark Meadows, the chief of staff, or with Vice President Mike Pence. A detailed calendar or notes could also help shed light on Mr. Trump’s activities as the riot unfolded on Capitol Hill.Mr. Trump’s supporters before his rally on the Ellipse on Jan. 6, 2021.Jason Andrew for The New York TimesA draft of Mr. Trump’s speech for the “Save America” rally that preceded the mob attack (10 pages)On Jan. 6, Mr. Trump and his allies spoke at a rally on the Ellipse before his supporters marched more than a mile to the Capitol. The draft speech — which Mr. Trump’s longtime aide, Stephen Miller, helped write — would show whether Mr. Trump’s incendiary language that encouraged the protesters was ad-libbed by him or whether it was included by his speechwriters, who may have been coordinating the president’s messaging with others. In his book, Mr. Meadows claimed Mr. Trump had ad-libbed his remarks telling the crowd to march on the Capitol.A note from Mr. Meadows about briefings and calls about the certification of the election and related issues (2 pages)In the days leading up to Jan. 6, there was a flurry of meetings in the Oval Office. Among the most dramatic was one on Jan. 4, when Mr. Trump had a lawyer named John Eastman — who had written a memo essentially saying that the vice president had immense powers to decide who won the election — make the argument directly to Mr. Pence that he could delay the certification of the election on Jan. 6. (Mr. Pence later rejected the advice.) On Jan. 2, three of Mr. Trump’s advisers — Rudolph W. Giuliani, Peter Navarro and Mr. Eastman — held a conference call with about 300 state lawmakers about election fraud. On Jan. 4, Phil Waldron, a former U.S. Army colonel who rose to prominence in Mr. Trump’s inner circle after the election, said members of his team briefed some senators on foreign interference in the election. Mr. Waldron said he personally gave the same briefing the next day to members of the House.Details of meetings like those, and the planning for them, could help the committee assess whether Mr. Trump’s efforts justify a criminal referral to the Justice Department on a charge like obstructing an official proceeding in Congress.A draft executive order on the topic of election integrity (4 pages)A range of outside advisers were pushing for Mr. Trump to sign executive orders to help him block or slow certification of the election. Among the most audacious was one that said Mr. Trump could use the Defense Department to seize voting machines based on false claims that there had been foreign interference in the election. Mr. Trump’s first national security adviser, Michael T. Flynn, and a lawyer advising him, Sidney Powell, were urging Mr. Trump to take this action. A copy of a draft executive order about seizing election machines was posted on Politico’s website on Friday.But that memo is three pages, and the National Archives described a memo that is four pages. There is another memo, mentioned in a recent disclosure to the committee by the Trump ally Bernard Kerik, that could also fit this description. It was withheld by Mr. Kerik under the theory of executive privilege but was described in a log of documents that Mr. Kerik refused to turn over as, “DRAFT LETTER FROM POTUS TO SEIZE EVIDENCE IN THE INTEREST OF NATIONAL SECURITY FOR THE 2020 ELECTIONS.”Handwritten notes from the files of Mr. Meadows (3 pages)As chief of staff, Mr. Meadows served both as a top aide and as a conduit for outside advisers, including members of Congress, to contact Mr. Trump and visit him at the White House. Mr. Meadows has provided investigators with hundreds of pages of documents that he had on his personal phone but has refused to sit for questioning, leading the committee to ask the Justice Department to prosecute him. His notes could potentially shed light on what Mr. Trump was hearing and saying at key moments.Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

    • 125 Shares199 Views

      in Elections

      Jan. 6 Panel Subpoenas Flynn and Eastman, Scrutinizing Election Plot

      by

      The latest batch of subpoenas from the House select committee investigating the Capitol riot also includes officials from former President Donald J. Trump’s re-election campaign.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol issued new subpoenas on Monday for a half-dozen allies of former President Donald J. Trump, including his former national security adviser Michael T. Flynn, as it moved its focus to an orchestrated effort to overturn the 2020 election.The subpoenas reflect an effort to go beyond the events of the Capitol riot and delve deeper into what committee investigators believe gave rise to it: a concerted campaign by Mr. Trump and his network of advisers to promote false claims of voter fraud as a way to keep him in power. One of the people summoned on Monday was John Eastman, a lawyer who drafted a memo laying out how Mr. Trump could use the vice president and Congress to try to invalidate the election results.In demanding records and testimony from the six Trump allies, the House panel is widening its scrutiny of the mob attack to encompass the former president’s attempt to enlist his own government, state legislators around the country and Congress in his push to overturn the election.Mr. Flynn discussed seizing voting machines and invoking certain national security emergency powers after the election. Mr. Eastman wrote a memo to Mr. Trump suggesting that Vice President Mike Pence could reject electors from certain states during Congress’s count of Electoral College votes to deny Joseph R. Biden Jr. a majority. And Bernard Kerik, the former New York police commissioner who was also subpoenaed, participated in a planning meeting at the Willard Hotel in Washington on Jan. 5 after backing baseless litigation and “Stop the Steal” efforts around the country to push the lie of a stolen election.“In the days before the Jan. 6 attack, the former president’s closest allies and advisers drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes,” Representative Bennie Thompson, Democrat of Mississippi and the committee chairman, said in a statement. “The select committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot and who paid for it all.”The panel also issued subpoenas for Bill Stepien, Mr. Trump’s campaign manager, who supervised its conversion into a “Stop the Steal” operation; and Jason Miller, a senior adviser to the campaign who participated at the Jan. 5 meeting at the Willard, where associates discussed pressuring Mr. Pence not to certify the Electoral College results.Also included in the group that received subpoenas on Monday was Angela McCallum, the Trump campaign’s national executive assistant, who left a voice message for an unknown Michigan state representative in which she said she wanted to know whether the campaign could “count on” the representative to help appoint an alternate slate of electors.The subpoenas — which bring to 25 the number issued by the committee — require that the witnesses turn over documents this month and sit for depositions in early December. More than 150 witnesses have testified in closed-door sessions with the committee’s investigators.In a statement on Monday evening, Mr. Kerik said his lawyer had accepted the committee’s subpoena, but he defended his actions. He said that Rudolph W. Giuliani, Mr. Trump’s personal lawyer, had brought him into the legal effort to investigate claims of voter fraud, but he argued that he had nothing to do with plans to try to sway Congress.“I was not hired to overturn the will of the people — only to look into the integrity of the process and ensure that the results accurately reflected the will of the people,” Mr. Kerik said. “As to the events of Jan. 6, I was not involved.”Mr. Flynn, Mr. Eastman, Mr. Stepien, Mr. Miller and Ms. McCallum did not immediately respond to requests for comment..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The panel’s latest move indicates that it is zeroing in on how — in the days and weeks before a throng of Mr. Trump’s supporters stormed the Capitol and disrupted Congress’s counting of votes — the former president’s closest associates were planning an effort stretching from the Oval Office, the House and Senate to state officials across the country.Critical to that push, investigators believe, was the meeting the day before the riot at the Willard Hotel. The Washington Post reported that Mr. Kerik paid for rooms and suites in Washington hotels as he worked with Mr. Giuliani on “Stop the Steal” efforts.“They are really honing in on this strategy at the Willard Hotel,” said Barbara L. McQuade, a former U.S. attorney and a law professor at the University of Michigan. “If it’s a campaign war room, that’s one thing. But the question is: To what extent are they looking at blocking the certification of the election? The Eastman memo is a real smoking gun. It really appears to be a concerted effort here.”Even as the committee ramps up its inquiry, it is facing stonewalling from Mr. Trump and many of his allies, whom he has directed to defy the panel based on a claim of executive privilege.Mr. Trump has filed suit against the committee to keep secret at least 770 pages of documents concerning handwritten notes, draft speeches and executive orders, and records of his calls, meetings and emails with state officials. But the Biden administration has declined to support his claim to executive privilege, arguing that there is no such prerogative for documents related to an attempt to undermine democracy and the presidency itself.The Justice Department is weighing whether to charge Stephen K. Bannon with criminal contempt of Congress after the House voted last month to recommend his prosecution for defying its subpoena. Another witness, Jeffrey Clark, a former Justice Department official who was involved in frenzied efforts to overturn the election, refused to cooperate on Friday.Mr. Flynn, who spent 33 years as an Army intelligence officer, has emerged as one of the most extreme voices in Mr. Trump’s push to overturn the election.Mr. Flynn attended a meeting in the Oval Office on Dec. 18 in which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers and continuing to spread the false message that the 2020 election was tainted by widespread fraud, the committee said. That meeting came after Mr. Flynn gave an interview to the right-wing site Newsmax in which he talked about the purported precedent for deploying military troops and declaring martial law to “rerun” the election.Mr. Stepien helmed Mr. Trump’s re-election campaign, which urged state and party officials to affect the outcome of the election by asking states to delay or deny the certification of electoral votes and by sending multiple slates of the votes to Congress to allow a challenge to the results, the committee said. In particular, Mr. Stepien supervised a fund-raising effort that sought to profit off the election challenges and promote lies about voting machines that campaign staff had determined to be false, the committee said.Mr. Trump and the Republican Party raised $255.4 million in the eight weeks after the election as he promoted unfounded accusations of fraud.Mr. Eastman has been the subject of intense scrutiny in recent weeks after it was revealed that he wrote a memo to Mr. Trump suggesting that Mr. Pence could reject electors from certain states. Mr. Eastman is also reported to have participated in a briefing for nearly 300 state legislators, during which he told the group that it was their duty to “fix this, this egregious conduct, and make sure that we’re not putting in the White House some guy that didn’t get elected,” the committee said.He met with Mr. Trump and Mr. Pence to push his arguments, participated in the meeting at the Willard and spoke at the “Stop the Steal” rally on the Ellipse on Jan. 6, before the Capitol assault. As violence broke out, he sent a message blaming Mr. Pence for not going along with his plan. More

    • 113 Shares149 Views

      in Elections

      Giuliani’s Allies Want Trump to Pay His Legal Bills

      by

      As Rudolph Giuliani faces an escalating federal investigation and defamation suits, his advisers believe he should benefit from a $250 million Trump campaign war chest.As a federal investigation into Rudolph W. Giuliani escalates, his advisers have been pressing aides to former President Donald J. Trump to reach into a $250 million war chest to pay Mr. Giuliani for his efforts to overturn the results of the 2020 election on Mr. Trump’s behalf.The pressure from Mr. Giuliani’s camp has intensified since F.B.I. agents executed search warrants at Mr. Giuliani’s home and office last week, according to people familiar with the discussions, and comes as Mr. Giuliani has hired new lawyers and is facing his own protracted — and costly — legal battles.Federal prosecutors in Manhattan have been examining communications between Mr. Giuliani, Mr. Trump’s former personal lawyer, and Ukrainian officials as he tried to unearth damaging information about President Biden before the election. The prosecutors are investigating whether Mr. Giuliani lobbied the Trump administration on behalf of Ukrainian officials who were helping him, a potential violation of federal law.Mr. Giuliani, who has not been charged, has denied any wrongdoing and denounced the searches as “corrupt.” The actions in Ukraine were part of Mr. Trump’s first impeachment trial.Separately, Mr. Giuliani is being sued for defamation by two voting machine companies, Dominion and Smartmatic, for his false claims that the companies were involved in a conspiracy to flip votes to Mr. Biden.Mr. Giuliani led the effort to subvert the results of the 2020 race in a series of battleground states, but he was not paid for the work, according to people close to both Mr. Giuliani and Mr. Trump. His supporters now want the Trump campaign to tap into the $250 million it raised in the weeks after the election to pay Mr. Giuliani and absorb costs he has incurred in the defamation suits.“I want to know what the GOP did with the quarter of $1 billion that they collected for the election legal fight,” Bernard Kerik, the former New York City police commissioner, wrote on Twitter on Sunday. Mr. Giuliani appointed Mr. Kerik when he was mayor of New York.Using expletives, Mr. Kerik added that “lawyers and law firms that didn’t do” much work were paid handsomely, while those who worked hard “got nothing.”Mr. Kerik has made similar complaints to some of Mr. Trump’s advisers privately, according to people familiar with the conversations, arguing that Mr. Giuliani has incurred legal expenses in his efforts to help Mr. Trump and that Mr. Giuliani’s name was used to raise money during the election fight.In a separate tweet, Mr. Kerik blamed the Republican National Committee chairwoman, Ronna McDaniel. R.N.C. officials said that the group did not make the same overt fund-raising appeals as the Trump campaign to challenge the election results.A lawyer for Mr. Giuliani, Robert J. Costello, has had conversations with a lawyer for Mr. Trump about whether any of the material that was seized by the F.B.I. should be protected from scrutiny because of attorney-client privilege. Mr. Costello has also raised the question of paying Mr. Giuliani, according to two people briefed on those discussions.Jason Miller, a spokesman for Mr. Trump, declined to comment. Mr. Giuliani could not be reached for comment.Mr. Giuliani had encouraged Mr. Trump to file challenges to the election, and the former president tasked Mr. Giuliani with leading the effort in November. But when Mr. Giuliani’s associate, Maria Ryan, sent an email to Trump campaign officials seeking $20,000 a day for his work, Mr. Trump balked, The New York Times has reported.Mr. Trump later told his advisers he did not want Mr. Giuliani to receive any payment, according to people close to the former president with direct knowledge of the discussions. Before Mr. Trump left the White House in January, he agreed to reimburse Mr. Giuliani for more than $200,000 in expenses but not to pay a fee.Some of Mr. Giuliani’s supporters have blamed Mr. Trump’s aides — and not the former president — for the standoff. However, people close to Mr. Trump said he has stridently refused to pay Mr. Giuliani.Federal investigators seized cellphones and computers from Mr. Giuliani’s Manhattan home and office on April 28. Jeenah Moon for The New York TimesMr. Giuliani’s advisers were also disappointed that he did not receive a federal pardon from Mr. Trump, despite facing the long-running federal investigation into his Ukrainian dealings, a person close to Mr. Giuliani said. After months of speculation that Mr. Trump might issue Mr. Giuliani a pre-emptive pardon, Mr. Giuliani said on his radio show in January that he did not need a pardon, because “I don’t commit crimes.”The efforts to overturn the election culminated in a rally of Mr. Trump’s supporters near the White House on Jan. 6. After marching to the Capitol, where the Electoral College results were being certified, hundreds of those supporters stormed the building, resulting in deaths and scores of injuries to Capitol Police officers and others. The events led to Mr. Trump’s second impeachment trial, and Mr. Trump told Mr. Giuliani in a private meeting that he could not represent him in the proceedings, people briefed on the meeting said.Asked about Mr. Kerik’s tweet during an interview with ABC News, Mr. Giuliani’s son, Andrew, said that his father’s fees should be covered by Trump’s campaign coffers.“I do think he should be indemnified,” the younger Mr. Giuliani said. “I think all those Americans that donated after Nov. 3, they were donating for the legal defense fund. My father ran the legal team at that point. So I think it’s very easy to make a very strong case for the fact that he and all the lawyers that worked on there should be indemnified.”He added, “I would find it highly irregular if the president’s lead counsel did not get indemnified.”A person close to Mr. Giuliani, who was granted anonymity because this person was not authorized to discuss the matter publicly, made a related argument, saying the Trump campaign should be careful to ensure money in the war chest was spent in connection with the election effort because it was solicited from the public for that purpose.Although there are many differences between the two situations, for some of Mr. Trump’s advisers, the standoff with Mr. Giuliani has raised uncomfortable echoes of a similar dispute with another of Mr. Trump’s former personal lawyers, Michael D. Cohen.In 2019, Mr. Cohen said the Trump Organization, Mr. Trump’s family business, breached an agreement with him to cover his legal costs. In a lawsuit, Mr. Cohen said the company initially paid some of the bills after the F.B.I. searched his apartment and office in April 2018. But, he said in the lawsuit, company officials stopped the payments when they discovered around June 2018 that he was preparing to cooperate with federal investigators.Mr. Cohen pleaded guilty later that year to charges related to tax evasion, as well as a campaign finance charge related to his 2016 hush-money payment to a pornographic film star who had claimed to have had an affair with Mr. Trump. Mr. Cohen ended up testifying about Mr. Trump in Congress, and provided assistance to the investigation led by the special counsel Robert S. Mueller III into possible conspiracy between the Trump campaign and Russian officials.After the F.B.I. searched Mr. Cohen’s home and office, he filed a civil action against the U.S. attorney in Manhattan, which Mr. Trump joined to prevent federal officials from gaining access to material that could be protected by attorney-client privilege between Mr. Trump and Mr. Cohen.Mr. Giuliani’s lawyers are considering filing a similar action in his case, according to one of the people close to the former mayor. One lawyer advising Mr. Giuliani, Alan Dershowitz, told CNN that it would be appropriate for Mr. Trump to join such an effort. Mr. Dershowitz confirmed the comment to The Times.A new court filing made public on Tuesday showed the U.S. attorney’s office in Manhattan asked a federal judge last week to appoint a special master to conduct a review of potentially privileged materials seized from Mr. Giuliani. The prosecutors, writing to Judge J. Paul Oetken, said the F.B.I. had begun to extract materials from cellphones and computers seized from Mr. Giuliani, but that a review of those materials had not yet begun, the redacted court filing showed.Mr. Giuliani recently added four new lawyers to his team: Arthur L. Aidala, a former Brooklyn prosecutor and former Fox News commentator; Barry Kamins, a retired New York Supreme Court justice and law professor; the retired New York Appellate Division Justice John Leventhal; and Michael T. Jaccarino, a former Brooklyn prosecutor.William K. Rashbaum, Jonah E. Bromwich and Benjamin Weiser contributed reporting. More