Page:USA v Trump-Jan6 Indictment.pdf/24

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Case 1:23-cr-00257-TSC
Document 1
Filed 08/01/23
Page 24 of 45

etc.) have our electors send in their votes (even though the votes aren’t legal under federal law -- because they’re not signed by the Governor); so that members of Congress can fight about whether they should be counted on January 6th. (They could potentially argue that they’re not bound by federal law because they’re Congress and make the law, etc.) Kind of wild/creative -- I’m happy to discuss. My comment to him was that I guess there’s no harm in it, (legally at least) -- i.e. we would just be sending in “fake” electoral votes to Pence so that “someone” in Congress can make an objection when they start counting votes, and start arguing that the “fake” votes should be counted.

59. At Co-Conspirator 1’s direction, on December 10, Co-Conspirator 5 sent to points of contact in all targeted states except Wisconsin (which had already received his memos) and New Mexico a streamlined version of the Wisconsin Memo—which did not reveal the intended fraudulent use of the Defendant’s electors—and the Fraudulent Elector Instructions, along with fraudulent elector certificates that he had drafted.

60. The next day, on December 11, through Co-Conspirator 5, Co-Conspirator 1 suggested that the Arizona lawyer file a petition for certiorari in the Supreme Court as a pretext to claim that litigation was pending in the state, to provide cover for the convening and voting of the Defendant’s fraudulent electors there. Co-Conspirator 5 explained that Co-Conspirator 1 had heard from a state official and state provisional elector that “it could appear treasonous for the AZ electors to vote on Monday if there is no pending court proceeding . . . .

61. To manage the plan in Pennsylvania, on December 12, Co-Conspirator 1, Co-Conspirator 5, and Co-Conspirator 6 participated in a conference call organized by the Defendant’s Campaign with the Defendant’s electors in that state. When the Defendant’s electors expressed concern about signing certificates representing themselves as legitimate electors, Co-Conspirator 1 falsely assured them that their certificates would be used only if the Defendant succeeded in litigation. Subsequently, Co-Conspirator 6 circulated proposed conditional language to that effect

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