Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol/Chapter 4/Section 4.2
4.2 NOVEMBER 23, 2020: BARR CHALLENGES PRESIDENT TRUMP’S ELECTION LIES
As Barr predicted, the President did call on him for information about alleged election fraud. Trump challenged him with a blizzard of conspiracy theories in three face-to-face meetings after the election. The first such meeting occurred on November 23, 2020.
On November 23rd, the Attorney General spoke with White House Counsel Pat Cipollone, who said that it was important for him come to the White House and speak to President Trump.[16] Barr had not seen the President since before the election in late October, and the White House counsel believed that it was important that the Attorney General explain what the Department of Justice was doing related to claims of election fraud.[17]
"The President said there had been major fraud and that, as soon as the facts were out, the results of the election would be reversed," Barr recalled.
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Trump continued “for quite a while,” and Barr was “expecting” what came next.[18] President Trump alleged that “the Department of Justice doesn’t think it has a role looking into these fraud claims.”[19] Barr anticipated this line of attack because the President’s counsel, Rudolph Giuliani, was making all sorts of wild, unsubstantiated claims.[20] And Giuliani wanted to blame DOJ for the fact that no one had come up with any real evidence of fraud.[21] Of course, by the time of this meeting, U.S. Attorneys’ Offices had been explicitly authorized to investigate substantial claims for 2 weeks and had yet to find any evidence of significant voter fraud.[22]
Barr explained to the President why he was wrong. DOJ, was willing to investigate any “specific and credible allegations of fraud.”[23] The fact of the matter was that the claims being made were “just not meritorious” and were “not panning out.”[24] Barr emphasized to the President that DOJ “doesn’t take sides in elections” and “is not an extension of your legal team.”[25]
During the November 23rd meeting, Barr also challenged one of President Trump’s central lies. He “specifically raised the Dominion voting machines, which I found to be one of the most disturbing allegations.”[26] "Disturbing," Barr explained, because there was "absolutely zero basis for the allegations," which were being "made in such a sensational way that they obviously were influencing a lot of people, members of the public."[27] Americans were being deceived into thinking "that there was this systematic corruption in the system and that their votes didn't count and that these machines, controlled by somebody else, were actually determining it, which was complete nonsense."[28] Barr stressed to the President that this was "crazy stuff," arguing that not only was the conspiracy theory a waste of time, but it was also "doing [a] great, great disservice to the country."[29]
As Attorney General Barr left the meeting, he talked with Mark Meadows, the White House Chief of Staff, and Jared Kushner, President Trump's son-in-law.[30] "I think he's become more realistic and knows that there's a limit to how far he can take this," Meadows said, according to Barr.[31] Kushner reassured Barr, "we're working on this, we're working on it."[32] Barr was hopeful that the President was beginning to accept reality.[33] The opposite happened.
"I felt that things continued to deteriorate between the 23rd and the weekend of the 29th," Barr recalled.[34] Barr was concerned because President Trump began meeting with delegations of State legislators, and it appeared to him that "there was maneuvering going on."[35] Barr had "no problem" with challenging an election "through the appropriate process," but "worried" that he "didn't have any visibility into what was going on" and that the "President was digging in."[36]