Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol/Chapter 4/Section 4.7
4.7 DECEMBER 27TH PHONE CALL
On December 27, 2020, President Trump called Acting Attorney General Rosen once again. At some point during the lengthy call, Rosen asked that Acting Deputy Attorney General Donoghue be conferenced in.[116] According to Donoghue's contemporaneous notes, Trump referenced three Republican politicians, all of whom had supported the President's election lies and the "Stop the Steal" campaign.[117] One was Representative Scott Perry. Another was Doug Mastriano, a State senator from Pennsylvania who would later be on the grounds of the U.S. Capitol during the January 6th attack.[118] President Trump also referenced Representative Jim Jordan from Ohio, praising him as a "fighter."[119] Representatives Perry and Jordan had often teamed up to spread lies about the election. The two spoke at a "Stop the Steal" rally in front of the Pennsylvania State capitol in Harrisburg, just days after the November election.[120] The pair also pressed their conspiratorial case during interviews with friendly media outlets.[121]
President Trump made a "stream of allegations" during the December 27th call.[122] As reflected in his notes, Donoghue considered the call to be an "escalation of the earlier conversations," with the President becoming more adamant that "we weren't doing our job."[123] President Trump trafficked in "conspiracy theories" he had heard from others, and Donoghue sought to "make it clear to the President these allegations were simply not true."[124] Donoghue sought to "correct" President Trump "in a serial fashion as he moved from one theory to another."[125]
The President returned to the discredited ASOG report, which former Attorney General Barr had already dismissed as complete nonsense. ASOG had claimed—based on no evidence—that the Dominion voting machines in Antrim County, Michigan had suffered from a 68 percent error rate. As noted above and in Chapter 1, that was not close to being true.
Bipartisan election officials in Antrim County completed a hand recount of all machine-processed ballots on December 17, 2020, which should have ended the lies about Dominion's voting machines.[126] The net difference between the machine count and the hand recount was only 12 out of 15,718 total votes.[127] The machines counted just one vote more for former Vice President Biden than was tallied during the hand recount.[128] Donoghue informed the President that he "cannot and should not be relying on" ASOG's claim, because it was "simply not true."[129] This did not stop the President from later repeating the debunked allegation multiple times, including during his January 6th speech at the Ellipse.[130]
Acting Deputy Attorney General Donoghue debunked a "series" of other conspiracy theories offered by President Trump during the December 27th call as well. One story involved a truck driver "who claimed to have moved an entire tractor trailer of ballots from New York to Pennsylvania."[131] There was no truth to the story. The FBI "interviewed witnesses at the front end and the back end of" the truck's transit route, "looked at loading manifests," questioned the truck driver, and concluded that there were no ballots in the truck.[132]
President Trump then returned to the conspiracy theory about voting in Detroit. Former Attorney General Barr had already debunked the claim that a massive number of illegal votes had been dumped during the middle of the night, but the President would not let it go. President Trump alleged that someone "threw the poll watchers out," and "you don't even need to look at the illegal aliens voting—don't need to. It's so obvious."[133] The President complained that the "FBI will always say there's nothing there," because while the Special Agents ("the line guys") supported him, the Bureau's leadership supposedly did not.[134] This was inconsistent with Donoghue's view.[135] But President Trump complained that he had "made some bad decisions on leadership" at the FBI.[136]
President Trump also "wanted to talk a great deal about Georgia, [and] the State Farm Arena video," claiming it was "fraud staring you right in the face."[137] President Trump smeared Ruby Freeman, a Georgia election worker who was merely doing her job, as a "Huckster" and an "Election scammer."[138] President Trump said the "networks," meaning the television networks, had "magnified the tape and saw them running them [ballots] through repeatedly."[139] The President repeated the lie that Democrats had "[c]losed the facility and then came back with hidden ballots under the table."[140] He suggested that both Rosen and Donoghue "go to Fulton County and do a signature verification." They would "see how illegal it is" and "find tens of thousands" of illegal ballots.[141]
President Trump "kept fixating" on the supposed suitcase in the video.[142] But Acting Deputy Attorney General Donoghue debunked the President's obsession. "There is no suitcase," Donoghue made clear.[143] Donoghue explained that the DOJ had looked at the video and interviewed multiple witnesses. The "suitcase" was an official lock box filled with genuine votes.[144] And election workers simply did not scan ballots for former Vice President Biden multiple times.[145] All of this was recorded by security cameras.[146]
In response to what President Trump was saying during the conversation, Rosen and Donoghue tried to make clear that the claims the President made weren't supported by the evidence. "You guys must not be following the internet the way I do," the President remarked.[147] But President Trump was not finished peddling wild conspiracy theories.
The President pushed the claim that Pennsylvania had reported 205,000 more votes than there were voters in the state.[148] "We'll look at whether we have more ballots in Pennsylvania than registered voters," Acting Attorney General Rosen replied, according to Donoghue. They "[s]hould be able to check that out quickly."[149] But Rosen wanted President Trump to "understand that the DOJ can't and won't snap its fingers and change the outcome of the election. It doesn't work that way."[150]
"I don't expect you to do that," President Trump responded. "Just say the election was corrupt and leave the rest to me and the Republican Congressmen."[151]
Donoghue explained this "is an exact quote from the President."[152]
"We have an obligation to tell people that this was an illegal, corrupt election," President Trump told the DOJ team at another point in the call.[153] President Trump insisted this was DOJ's "obligation," even though Rosen and Donoghue kept telling him there was no evidence of fraud sufficient to overturn the outcome of the election. "We are doing our job," Donoghue informed the President. "Much of the info you're getting is false."[154]
The call on December 27th was contentious for additional reasons. President Trump did not want to accept that the Department of Justice was not an arm of his election campaign. He wanted to know why the Department did not assist in his campaign's civil suits against States. There was a simple answer: There was no evidence to support the campaign's claims of fraud.[155]
Donoghue and Rosen also "tried to explain to the President on this occasion and on several other occasions that the Justice Department has a very important, very specific, but very limited role in these elections."[156] The States "run their elections" and DOJ is not "quality control for the States."[157] DOJ has "a mission that relates to criminal conduct in relation to federal elections" and also has "related civil rights responsibilities."[158] But DOJ cannot simply intervene to alter the outcome of an election or support a civil suit.[159]
When President Trump made these demands on December 27th, it was already crystal clear that the Department of Justice had found no evidence of systemic fraud.[160] The Department simply had no reason to assert that the 2020 Presidential contest was "an illegal corrupt election."[161]
"People tell me Jeff Clark is great" and that "I should put him in," President Trump said on the call. "People want me to replace the DOJ leadership."[162] Donoghue responded "[S]ir, that's fine, you should have the leadership you want, but understand, changing the leadership in the Department won't change anything."[163]
The President did not really care what facts had been uncovered by the Department of Justice. President Trump just wanted the Department to say the election was corrupt, so he and the Republican Congressmen could exploit the statement in the days to come, including on January 6th. And when Rosen and Donoghue resisted the President's entreaties, he openly mused about replacing Rosen with someone who would do the President's bidding.