Page:Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol.pdf/483

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“A COUP IN SEARCH OF A LEGAL THEORY”
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made in certifying incorrect & even fraudulent numbers in a process NOT approved by their State Legislatures (which it must be). Mike can send it back![231]

Later that morning, at 8:17 a.m., President Trump tweeted again:

States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage![232]

And, at 8:22 a.m., President Trump tweeted again, making a pitch for Congress to choose him, as if people's votes on election day and the electoral college didn't matter:

THE REPUBLICAN PARTY AND, MORE IMPORTANTLY, OUR COUNTRY, NEEDS THE PRESIDENCY MORE THAN EVER BEFORE—THE POWER OF THE VETO. STAY STRONG![233]

President Trump's tweets made it clear that he thought the Republican State legislatures would simply deliver him victory. President Trump emphasized this point, writing twice that if Vice President Pence gave in, "we win." However, there was no sign of a change in the Vice President's position. A moment of truth was looming.

January 6, 2021: President Trump Has a "[H]eated" Conversation with Vice President Pence Before his Rally on the Ellipse. President Trump tried to reach Vice President Pence by phone early that morning.[234] He finally talked to his Vice President at approximately 11:20 a.m.[235] The exchange quickly became contentious.

Eric Herschmann, a lawyer in the White House Counsel's Office, overheard the conversation. Members of President Trump's family and other White House officials were present as well.[236] Herschmann recalled that "it started off as a calmer tone, everything, and then it became heated."[237] Ivanka Trump also described the call as "pretty heated."[238] Ivanka Trump elaborated: "It was a different tone than I'd heard him take with the Vice President before."[239] Ivanka Trump told her Chief of Staff, Julie Radford, that "her dad had just had an upsetting conversation with the Vice President."[240] President Trump had even called Vice President Pence the "P Word."[241]

Nick Luna, President Trump's personal assistant (commonly known as the "body man"), was also in the Oval Office during the conversation. Luna told the Select Committee that President Trump called Vice President Pence