Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/68



The Office of White House Counsel also appears to have expressed concerns with this fake elector plan. In his interview by the Select Committee, White House Counsel Pat Cipollone acknowledged his view that by mid-December, the process was "done" and that his deputy, Pat Philbin, may have advised against the fake elector strategy. In an informal Committee interview, Philbin described the fake elector scheme as one of the "bad theories" that were like "Whac-A-Mole" in the White House during this period. Cipollone agreed with this characterization.

In her testimony, Cassidy Hutchinson testified that she heard at least one member of the White House Counsel’s Office say that the plan was not legal:

Committee Staff: [T]o be clear, did you hear the White House Counsel's Office say that this plan to have alternate electors meet and cast votes for Donald Trump in States that he had lost was not legally sound?

Hutchinson: Yes, sir.

Multiple Republicans who were persuaded to sign the fake certificates also testified that they felt misled or betrayed, and would not have done so had they known that the fake votes would be used on January 6th without an intervening court ruling. One elector told the Select Committee that he