Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/311

 In the first of these voicemails, on November 26th, Giuliani asked to "get together, quietly" to discuss "the amount of fraud that went on in your State," and said that Giuliani and Ellis had also just spoken to Pennsylvania House Majority Leader Kerry Benninghoff. On November 27th, Ellis called and said in a second voicemail that they had just talked to Pennsylvania House Member Russ Diamond and were "very grateful" to the State's legislature "for doing your Article II duty." On November 28th, Giuliani left a third voicemail and claimed to have "something important" that "really changes things," and said that "the president wanted me to make sure I got it to you." And then on November 29th, Giuliani left a fourth message and said, "I understand that you don't want to talk to me now" but still sought "the courtesy of being able to talk to you as the president's lawyer" and a "fellow Republican" because "you're certifying what is a blatantly false statement … I can't imagine how that's in your interests or in the interests of our party."

Giuliani and Ellis didn't get through, but the President did. "[I]f we wanted to do something, what were the options[?]" the President asked Cutler. Cutler explained to President Trump that he could file a legal challenge contesting the election, and asked the President why his team had never requested a statewide recount. Cutler was also clear about the "constitutional peculiarities" of Pennsylvania, where the State constitution specifically prohibits retroactive changes to how electors are chosen.

Practically, President Trump's call achieved nothing. The President wasn't getting what he wanted in his calls to leaders in Pennsylvania: a special session of the legislature to appoint Trump/Pence electors.

Seemingly undeterred, President Trump invited several leaders of the Pennsylvania legislature to the White House for Christmas gatherings. Senator Corman decided not to go, although Speaker Cutler did. President Trump spoke with Cutler on December 3rd, while Cutler, his chief of staff, and their wives were at that White House Christmas tour. The issue of overturning the results of Pennsylvania's election came up again, as did the possibility of a special session of the State legislature to appoint Trump electors. Cutler told the President that the State legislature could not reconvene without an order from the Governor and a petition from a supermajority of legislators, neither of which was likely to happen. Cutler also told the President that they could not appoint new electors without a court order. In Cutler's opinion, President Trump "seemed to understand. And that was—that was clear." The President's apparent understanding, however, did not result in any meaningful changes to his public rhetoric.

On December 3rd, the same day that Cutler met with President Trump, Cutler, Corman, House Majority Leader Benninghoff, and Senate Majority