Federal prosecutors indict former President Trump for efforts cancel the 2020 election lists six unindicted co-conspirators.
The co-conspirators are not named, however details in the indictment It appears to identify a number of close Trump associates, including many whom the House committee investigating the Jan. 6 attack on the Capitol recommended should also be charged in connection with the scheme.
“The defendant recruited co-conspirators to assist him in his criminal efforts to nullify the legitimate results of the 2020 presidential election and retain power,” the indictment states.
The first co-conspirator, described as “a lawyer who was willing to spread false claims and pursue strategies that the defendant’s 2020 re-election campaign lawyers would not,” appears to be Rudy Giuliani.
Giuliani, the former New York City mayor who later became one of Trump’s lawyers, became a central figure in Trump’s post-election challenges, each of which failed to gain traction in court.
The indictment discusses Giuliani’s actions at length, alleging that he pressured lawmakers in several states to overturn election results based on false claims of fraud.
Court documents refer to a call and meeting Giuliani had with then-Arizona House Speaker Rusty Bowers (R) alleging Giuliani made false claims of voter fraud.
“When the Speaker of the Arizona House again asked Co-conspirator 1 for evidence of the voter fraud that he and the defendant had been claiming to determine the outcome, Co-conspirator 1 responded with words like, ‘No we have evidence, but we have a lot of theories,’” the indictment says.
The file goes on to discuss a presentation that Giuliani allegedly orchestrated to a Georgia state Senate subcommittee, where Giuliani allegedly falsely claimed that more than 10,000 dead people voted in Georgia.
The indictment notes that the co-conspirator spoke at Trump’s Jan. 6 rally at the Ellipse, listing a quote that matched Giuliani’s remarks that morning.
Last month, a D.C. Bar Association panel drafted a preliminary recommendation that Giuliani be disbarred based on his work until Jan. 6.
A Giuliani political adviser defended the former mayor’s actions after the election but would not confirm whether he was one of the co-conspirators named in the indictment.
“All of the facts Mayor Rudy Giuliani has about this case establish the good faith basis that President Donald Trump had for the actions he took during the two-month period charged in the indictment,” said the Councilor Ted Goodman.
Harvey Silverglate, Eastman’s attorney, confirmed to The Hill that his client is the second co-conspirator named in the document.
Prosecutors described Eastman as “a lawyer who devised and attempted to implement a strategy to take advantage of the vice president’s ceremonial role overseeing the certification proceeding to obstruct the certification of the presidential election.”
Eastman was a central figure in sending the memos that spurred Trump’s lobbying campaign on Pence. Silverglate said he and another attorney will send a memo to the Justice Department in the coming days to plead Eastman’s innocence.
The indictment highlights a point discovered by the committee on Jan. 6: Although in the days after the election, Eastman defended Pence’s defiance of his ceremonial duties, just two months earlier, he had written that neither the Constitution nor the election count allowed Pence. any ability to decide the results of an election or “make that determination for oneself.”
Court documents also allege that Eastman called Bowers, the speaker of the Arizona House, on the morning of Jan. 4, 2021, and urged him to decertify the state’s eligible voters in favor of then-President elect Joe Biden and “let the courts sort it out.” Bowers then refused.
The indictment also includes a quote from Eastman when he spoke at the Jan. 6 rally at the Ellipse.
Silverglate said that while Eastman has not received a formal target letter from prosecutors, he appears to be a target of the investigation.
“If you look closely at what Eastman did, it’s not a crime,” Silverglate said. “He acted as a lawyer proposing far-fetched theories. That is our duty. The Constitution gives people the right to effective representation by a lawyer.”
Eastman is currently facing a disciplinary proceeding in California based on his role until Jan. 6 that could result in the revocation of his law license.
The third co-conspirator appears to be Sidney Powell.
The individual is described in court documents as “an attorney whose baseless claims of voter fraud that the defendant privately acknowledged to others seemed “crazy.”” Yet the defendant publicly embraced and expanded the disinformation from Co-Conspirator 3″.
The indictment alleges that Trump’s executive assistant in the days after the election emailed the individual and others a document critical of an unnamed voting machine company.
The indictment states that the individual filed a lawsuit against Georgia Gov. Brian Kemp (R) on Nov. 25, 2020, alleging that the voting machine company allowed “massive election fraud,” a lawsuit which was dismissed on December 7. The dates and description correspond to aa lawsuit filed by Powell.
“Before the lawsuit was even filed, the defendant retweeted a post promoting it,” the indictment says. “Defendant did this despite the fact that when he discussed Co-Conspirator 3’s exaggerated public claims about the voting machine company privately with advisors, Defendant had admitted that they were unsupported and that Co-Conspirator 3 sounded “crazy”.'”
The indictment also takes aim at a presentation Powell allegedly orchestrated to a Georgia state Senate subcommittee about his claims, alleging that Powell did so “with the intent to mislead state senators because block the determination of legitimate voters”.
The Hill has reached out to Powell for comment.
The fourth co-conspirator is described as “a Department of Justice official who worked in civil matters and who, with the defendant, attempted to use the Department of Justice to open investigations of sham election crimes and to influence state legislatures with claims false claims of electoral fraud”.
That description matches Jeffrey Clark, a former Justice Department lawyer whom Trump considered installing as attorney general as a way to advance investigations into his baseless claims of voter fraud.
Clark pushed the Justice Department to send a letter to Georgia asking it to hold off on certifying its election results so the department could announce an investigation into voter fraud there.
Clark’s proposed appointment set off one of the most contentious Oval Office meetings, with Justice Department officials saying they and many others would resign from the department if Trump moved forward with installing the lawyer long-standing environmental
The indictment points to misconduct by Clark before the meeting, including having direct conversations with Trump in violation of Justice Department policy and then lying to superiors about the nature of the exchange.
Clark had his phone seized by the FBI last September in connection with the investigation.
Like Eastman and Giuliani, he also faces losing his law license in connection with his role in the effort.
The Hill has reached out to Clark’s attorney for comment.
Prosecutors described the fifth co-conspirator as “an attorney who helped devise and attempt to implement a plan to submit fraudulent presidential election tabulations to obstruct the certification process.”
This description aligns with Kenneth Chesebro, who was previously known to have been involved in coordinating the bogus voter scheme.
Chesebro first became involved with the Trump campaign in its legal efforts in Wisconsin, before his work expanded to create a voter fraud strategy in other target states.
The indictment refers to three memos that Chesebro drafted to lay out a strategy for the plan, including ideas about how fake voters could imitate legitimate voters.
“A wild/creative species; I’m happy to talk. My comment to him was I guess there’s no harm, (at least legally),” an Arizona attorney explained in an email with Chesebro, according to the indictment.
An attorney for Chesebro has been contacted by The Hill for comment.
A political consultant
Prosecutors also listed a sixth co-conspirator in the indictment, but his identity remains unclear.
“Co-Conspirator 6, a political consultant who helped implement a plan to submit fraudulent lists of presidential electors to obstruct the certification process,” the indictment states.
The indictment alleges that on December 7, 2020, the individual emailed Giuliani a list of attorneys who could help with the fraudulent voter scheme in the seven targeted states.
Days later, the individual allegedly joined a conference call with Giuliani and Cheseboro to speak to Trump voters in Pennsylvania.
“When defendant’s constituents expressed concern about signing certificates representing themselves as legitimate constituents, Co-Conspirator 1 falsely assured them that their certificates would only be used if defendant was successful in litigation . Co-Conspirator 6 subsequently circulated proposed conditional language to that effect for possible inclusion on fraudulent voter certificates,” the indictment says.
The indictment also refers to the individual’s actions on January 6 itself. The individual allegedly tried to confirm the phone numbers of six US senators whom Trump had ordered Giuliani to call in an attempt to delay the certification. Giuliani’s calls to senators were previously known, incl a call intended for Sen. Tommy Tuberville (R-Ala.).
Updated at 10:02 p.m. ET.
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