FAKE ELECTORS AND THE “THE PRESIDENT OF THE SENATE STRATEGY”
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Trump's Focus on Jan. 6 and Alternate Electors," New York Times, (Feb. 2, 2022), available at https://www.nytimes.com/2022/02/02/us/politics/trump-jan-6-memos.html.
- U.S. Const., art. II, §. 1, cl. 2: (“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”).
- Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (James DeGraffenreid Production), DEGRAFFENREID 000778, (December 11, 2020, email from Jim DeGraffenreid to Kenneth Chesebro with subject “URGENT—Trump-Pence campaign asked me to contact you to coordinate Dec. 14 voting by Nevada electors”).
- Maggie Haberman and Luke Broadwater, “‘Kind of Wild/Creative’: Emails Shed Light on Trump Fake Electors Plan,” New York Times, (July 26, 2022), available at https://www.nytimes.com/2022/07/26/us/politics/trump-fake-electors-emails.html (emphasis in original). Although this alleged email described by the New York Times was not produced to the Select Committee, it matches certain information in a privilege log provided to the Select Committee by its reported sender. This includes the same reported sender (Jack Wilenchik), direct recipient (Boris Epshteyn), seven cc’ed recipients in the same order (Christina Bobb, Lee Miller, Dennis Wilenchik, Aaron Green, Josh Offenhartz, Christine Ferreira, and Victoria Stevens), title (“RE: [EXTERNAL]FW: petition for Cert and Motion for Expedited Consideration”), and date (12/8/2020), with only a negligible one-minute discrepancy in the time sent (4:27 p.m. versus 4:26 p.m.). See Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Jack Wilenchik Production), CTRL0000922311, line 9 (Sept. 7, 2022, Jack Wilenchik Production 09_07_2022— PrivLog UPDATED).
- “Nevada Revised Statutes,” Title 24—Elections, Chapter 298—Presidential Electors and Elections, Nevada State Legislature, available at https://www.leg.state.nv.us/nrs/nrs298.html#NRS298Sec065.
- “Nevada Certificate of Ascertainment 2020,” National Archives and Records Administration, (Dec. 2, 2020, also later updated Dec. 10, 2020), available at https://www.archives.gov/files/electoral-college/2020/ascertainment-nevada.pdf.
- Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Joshua Findlay Production), JF044 (December 9, 2020, memo from Kenneth Chesebro titled “Statutory Requirements for December 14 Electoral Votes”). Where it wouldn't be possible to comply with State law, as in Nevada, Chesebro advised the so-called electors to proceed anyway, writing: "[T]hese technical aspects of state law are unlikely to matter much in the end." Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (James DeGraffenreid Production), DEGRAFFENREID 000778, (December 11, 2020, email from Jim DeGraffenreid to Kenneth Chesebro with subject “URGENT—Trump-Pence campaign asked me to contact you to coordinate Dec. 14 voting by Nevada electors”).
- Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Chapman University Production), Chapman004708 (January 4, 2021, email from Kenneth Chesebro to John Eastman titled “Fwd: Draft 2, with edits”, which includes in the chain a Dec. 13, 2020, email from Kenneth Chesebro to Rudy Giuliani titled “PRIVILEGED AND CONFIDENTIAL—Brief Notes on “President of the Senate” strategy”).
- Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Chapman University Production), Chapman004708 (January 4, 2021, email from Kenneth Chesebro to John Eastman titled “Fwd: Draft 2, with edits”, which includes in the chain a Dec. 13, 2020, email from Kenneth Chesebro to Rudy Giuliani titled “PRIVILEGED AND CONFIDENTIAL—Brief Notes on “President of the Senate” strategy”).
