public statement instructing his supporters to disperse and leave the Capitol.[609] Through action and inaction, President Trump corruptly obstructed, delayed, and impeded the vote count.
In addition, the Committee believes sufficient evidence exists for a criminal referral of John Eastman and certain other Trump associates under 18 U.S.C. §1512(c). The evidence shows that Eastman knew in advance of the 2020 election that Vice President Pence could not refuse to count electoral votes on January 6th.[610] In the days before January 6th, Eastman was warned repeatedly that his plan was illegal and "completely crazy," and would "cause riots in the streets."[611] Nonetheless, Eastman continued to assist President Trump's pressure campaign in public and in private, including in meetings with the Vice President and in his own speech at the Ellipse on January 6th. And even as the violence was playing out at the Capitol, Eastman admitted in writing that his plan violated the law but pressed for Pence to do it anyway.[612] In the immediate aftermath of January 6th, White House lawyer Eric Herschmann told Eastman that he should "[g]et a great F'ing criminal defense lawyer, you're going to need it."[613] Others working with Eastman likely share in Eastman's culpability. For example, Kenneth Chesebro was a central player in the scheme to submit fake electors to the Congress and the National Archives.
The Committee notes that multiple Republican Members of Congress, including Representative Scott Perry, likely have material facts regarding President Trump's plans to overturn the election. For example, many Members of Congress attended a White House meeting on December 21, 2020, in which the plan to have the Vice President affect the outcome of the election was disclosed and discussed. Evidence indicates that certain of those Members unsuccessfully sought Presidential pardons from President Trump after January 6th,[614] as did Eastman,[615] revealing their own clear consciousness of guilt.
II. Conspiracy to Defraud the United States (18 U.S.C. § 371)
Section 371 of Title 18 of the U.S. Code provides that "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both." The Committee believes sufficient evidence exists for a criminal referral of President Trump and others under this statute.[616]
First, President Trump entered into an agreement with individuals to obstruct a lawful function of the government (the certification of the election). The evidence of this element overlaps greatly with the evidence of the section 1512(c)(2) violations, so we will not repeat it at length here. President Trump engaged in a multi-part plan described in this Report to
