Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/132

 obstruct a lawful certification of the election. Judge Carter focused his opinions largely on John Eastman's role, as Eastman's documents were at issue in that case, concluding that "the evidence shows that an agreement to enact the electoral count plan likely existed between President Trump and Eastman." But President Trump entered into agreements—whether formal or informal—with several other individuals who assisted with the multi-part plan. With regard to the Department of Justice, Jeffrey Clark stands out as a participant in the conspiracy, as the evidence suggests that Clark entered into an agreement with President Trump that if appointed Acting Attorney General, he would send a letter to State officials falsely stating that the Department of Justice believed that State legislatures had a sufficient factual basis to convene to select new electors. This was false—the Department of Justice had reached the conclusion that there was no factual basis to contend that the election was stolen. Again, as with section 1512(c), the conspiracy under section 371 appears to have also included other individuals such as Chesebro, Rudolph Giuliani, and Mark Meadows, but this Committee does not attempt to determine all of the participants of the conspiracy, many of whom refused to answer this Committee's questions.

Second, there are several bases for finding that the conspirators used "deceitful or dishonest means." For example, President Trump repeatedly lied about the election, after he had been told by his advisors that there was no evidence of fraud sufficient to change the results of the election. In addition, the plot to get the Vice President to unilaterally prevent certification of the election was manifestly (and admittedly) illegal, as discussed above. Eastman and others told President Trump that it would violate the Electoral Count Act if the Vice President unilaterally rejected electors. Thus Judge Carter once again had little trouble finding that the intent requirement ("deceitful or dishonest means") was met, stating that "President Trump continuing to push that plan despite being aware of its illegality constituted obstruction by 'dishonest' means under § 371." Judge Carter rejected the notion that Eastman's plan—which the President adopted and actualized—was a "good faith interpretation" of the law, finding instead that it was "a partisan distortion of the democratic process." Similarly, both President Trump and Clark had been told repeatedly that the Department of Justice had found no evidence of significant fraud in any of its investigations, but they nonetheless pushed the Department of Justice to send a letter to State officials stating that the Department had found such fraud. And Georgia Secretary of State Brad Raffensperger and others made clear to President Trump that they had no authority to "find" him 11,780