Page:Introductory Material to the Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/81

 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 votes, but the President relentlessly insisted that they do exactly that, even to the point of suggesting there could be criminal consequences if they refused.

Third, there were numerous overt acts in furtherance of the agreement, including each of the parts of the President’s effort to overturn the election. As Judge Carter concluded, President Trump and Dr. Eastman participated in “numerous overt acts in furtherance of their shared plan.” These included, but certainly were not limited to, direct pleas to the Vice President to reject electors or delay certification, including in Oval Office meetings and the President’s vulgar comments to the Vice President on the morning of January 6. Judge Carter also addressed evidence that President Trump knowingly made false representations to a court. Judge Carter concluded that Dr. Eastman’s emails showed “that President Trump knew that the specific numbers of voter fraud” cited in a complaint on behalf of President Trump “were wrong but continued to tout those numbers, both in court and to the public.” Judge Carter found that the emails in question were related to and in furtherance of a conspiracy to defraud the United States.

In finding that President Trump, Eastman, and others engaged in conspiracy to defraud the United States under Section 371, Judge Carter relied on the documents at issue (largely consisting of Eastman’s own emails) and evidence presented to the court by this Committee. This Committee’s investigation has progressed significantly since Judge Carter issued his first crime-fraud ruling in March 2022. The evidence found by this Committee and discussed in detail in this Report further document that the conspiracy to defraud the United States under Section 371 extended far beyond the effort to pressure the Vice President to prevent certification of the election. The Committee believes there is sufficient evidence for a criminal referral of the multi-part plan described in this Report under Section 371, as the very purpose of the plan was to prevent the lawful certification of Joe Biden’s election as President.