Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/423

 needed a search warrant, but there was no evidence to justify one. Rosen explained to President Trump again that the DOJ has no responsibility for oversight, as the States conduct the elections. Rosen added that to the extent that any Federal agency is involved, it is the Department of Homeland Security, which ensures "software selection and quality control." At that point, the President called Ken Cuccinelli. Donoghue recalled the President saying something along the lines of, "Ken, the Acting Attorney General is telling me it's your job to seize machines." Rosen had said nothing of the sort, but Cuccinelli quickly shot down the President's line of inquiry, making it clear that the Department of Homeland Security had no such authority. White House Counsel Pat Cipollone was also in attendance and supported the DOJ leadership throughout the meeting.

When Rosen spoke to Clark by phone on December 31st or January 1st, Clark revealed that he had spoken to the President again, despite previously promising Rosen and Donoghue that he would inform them of any other contact that he received from the White House. Clark told Rosen that President Trump had offered Clark the position of Acting Attorney General and asked him to respond by Monday, January 4th. Clark, however, said that he needed to do some "due diligence" related to claims of election fraud before deciding whether he would accept the President's offer.

On Saturday, January 2nd, Rosen and Donoghue attempted, once again, to persuade Clark to stand down. The two reiterated that Clark should stop meeting with the President. Donoghue reprimanded Clark, emphasizing that he was the boss and that Clark's ongoing contacts with the President were a violation of DOJ's White House contact policy. Clark acknowledged that he had been briefed by the ODNI, as he had requested, and "that there was nothing in that briefing that would have supported his earlier suspicion about foreign involvement." Nevertheless, Clark still wanted to send his letter to Georgia and other contested States alleging voter fraud.

During the conversation, Clark confirmed President Trump had offered him the position of Acting Attorney General. Clark told Rosen that he would decline the offer—if Rosen and Donoghue signed his dishonest letter to officials in Georgia. The two refused once again, making it clear "that there was no way we were going to sign that letter." Rosen reiterated his decision in an email on the night of January 2nd, writing: "I confirmed again today that I am not prepared to sign such a letter."