USA v. TRUMP Document 266: Notice (other), Attachment 3

District Of Columbia District Court
Case No. 1:23-cr-00257-TSC
Filed October 18, 2024

Notice of Appendix Vol. I by USA as to DONALD J. TRUMP (Attachments: # (1) Appendix Vol. II, # (2) Appendix Vol. III, # (3) Appendix Vol. IV)(zstd)

BackBack to USA v. TRUMP

Tags No tags have been applied so far. Sign in to add some.

Jump to Document 266 or Attachment 1 • 2 • 3

  Formatted Text Tab Overlap Raw Text Right End
Page 1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA
v. CRIMINAL NO. 23-cr-257 (TSC)
DONALD J. TRUMP,
Defendant.
s+ &£ £ ££ & & KF &
GOVERNMENT APPENDIX VOL. IV
Page 2 SEALED
GA 1504
Page 3 SEALED
GA 1505
Page 4 January 6 scenario
7 states have transmitted dual slates of electors to the President of the Senate.
The 12°" Amendment merely provides that “the President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
The Electoral Count Act, which is likely unconstitutional, provides:
lf more than one return or paper purporting to be a return from a State shall have been
received by the President of the Senate, those votes, and those only, shall be counted which
shall have been regularly given by the electors who are shown by the determination mentioned
in section 5 of this title to have been appointed, if the determination in said section provided
for shall have been made, or by such successors or substitutes, in case of a vacancy in the
board of electors so ascertained, as have been appointed to fill such vacancy in the mode
provided by the laws of the State; but in case there shall arise the question which of two or
more of such State authorities determining what electors have been appointed, as mentioned
in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those
electors, and those only, of such State shall be counted whose title as electors the two Houses,
acting separately, shall concurrently decide is supported by the decision of such State so
authorized by its law; and in such case of more than one return or paper purporting to be a
return from a State, if there shall have been no such determination of the question in the State
aforesaid, then those votes, and those only, shall be counted which the two Houses shall
concurrently decide were cast by lawful electors appointed in accordance with the laws of the
State, unless the two Houses, acting separately, shall concurrently decide such votes not to be
the lawful votes of the legally appointed electors of such State. But if the two Houses shall
disagree in respect of the counting of such votes, then, and in that case, the votes of the
electors whose appointment shall have been certified by the executive of the State, under the
seal thereof, shall be counted.
This is the piece that we believe is unconstitutional. It allows the two houses, “acting separately,”
to decide the question when the 12* Amendment provides only for a joint session. And if there is
disagreement, then the slate certified by the “executive” of the state is to be counted, and in the
case when the other slate has been certified by the legislature, that violates Article Il.
So here’s the scenario we propose:
1. VP Pence, presiding over the joint session (or Senate Pro Tem Grassley, if Pence recuses
himself), begins to open and count the ballots, starting with Alabama (without conceding
that procedure, specified by the Electoral Count Act, is required).
2. When he gets to Arizona, he announces that he has multiple slates of electors, and so is
going to defer decision on that until finishing the other states.
3. At the end, he announces that because of the disputes in the 7 states, there are no electors
that can be deemed validly appointed in those states. That means the total number of
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1507
Page 5 “electors appointed” — the language of the 12° Amendment, is 454. This reading of the
12" Amendment has also been advanced by Harvard Law Professor Lawrence Tribe. A
“majority of the electors appointed” would therefore be 228. There are at this point votes for Trump, 222 votes for Biden. Pence then gavels President Trump as re-elected.
4. Howls, of course, from the Democrats, who now claim, contrary to Tribe’s prior position,
that 270 is required. So Pence says, fine. Pursuant to the 12 Amendment, no candidate
has achieved the necessary majority. That sends the matter to the House, where the “the
votes shall be taken by states, the representation from each state having one vote.”
Republicans currently control 26 of the state delegations, the bare majority needed to win
that vote. President Trump is re-elected there as well.
5. One last piece. Assuming the Electoral Count Act process is followed and, upon getting the
objections to the Arizona slates, the two houses break into their separate chambers, we
should not allow the Electoral Count Act constraint on debate to control. That would mean
that a prior legislature was determining the rules of the present one—a constitutional no-
no. So someone — Ted Cruz, Rand Paul, etc. — should demand normal rules (which includes
the filibuster). That creates a stalemate that would give the state legislatures more time to
weigh in to formally support the alternate slate of electors, if they had not already done so.
6. The main thing here is that Pence should do this without asking for permission — either
from a vote of the joint session or from the Court. Let the other side challenge his actions
in court, where again, Tribe (and others) claims that these are non-justiciable political
questions should be raised to get those actions dismissed. The fact is that the Constitution
assigns this power to the Vice President as the ultimate arbiter. We should take all of our
actions with that in mind.
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1508
Page 6 SEALED
GA 1510
Page 7 PRIVILEGED AND CONFIDENTIAL
January 6 scenario
7 states have transmitted dual slates of electors to the President of the Senate.
The 12th Amendment merely provides that “the President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates and the votes shall then be counted.” There
is very solid legal authority, and historical precedent, for the view that the President of the Senate does the
counting, including the resolution of disputed electoral votes (as Adams and Jefferson did while Vice
President, regarding their own election as President), and all the Members of Congress can do is watch.
The Electoral Count Act, which is likely unconstitutional, provides:
If more than one return or paper purporting to be a return from a State shall have been received
by the President of the Senate, those votes, and those only, shall be counted which shall have
been regularly given by the electors who are shown by the determination mentioned in section of this title to have been appointed, if the determination in said section provided for shall have
been made, or by such successors or substitutes, in case of a vacancy in the board of electors so
ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the
State; but in case there shall arise the question which of two or more of such State authorities
determining what electors have been appointed, as mentioned in section 5 of this title, is the
lawful tribunal of such State, the votes regularly given of those electors, and those only, of such
State shall be counted whose title as electors the two Houses, acting separately, shall
concurrently decide is supported by the decision of such State so authorized by its law; and in
such case of more than one return or paper purporting to be a return from a State, if there shall
have been no such determination of the question in the State aforesaid, then those votes, and
those only, shall be counted which the two Houses shall concurrently decide were cast by lawful
electors appointed in accordance with the laws of the State, unless the two Houses, acting
separately, shall concurrently decide such votes not to be the lawful votes of the legally
appointed electors of such State. But if the two Houses shall disagree in respect of the counting
of such votes, then, and in that case, the votes of the electors whose appointment shall have been
certified by the executive of the State, under the seal thereof, shall be counted.
This is the piece that we believe is unconstitutional. It allows the two houses, “acting separately,” to
decide the question, whereas the 12th Amendment provides only for a joint session. And if there is
disagreement, under the Act the slate certified by the “executive” of the state is to be counted,
regardless of the evidence that exists regarding the election, and regardless of whether there was ever
fair review of what happened in the election, by judges and/or state legislatures.
So here’s the scenario we propose:
1. VP Pence, presiding over the joint session (or Senate Pro Tempore Grassley, if Pence
recuses himself), begins to open and count the ballots, starting with Alabama (without
conceding that the procedure, specified by the Electoral Count Act, of going through the
States alphabetically is required).
ChapmanSUBJECT TO PROTECTIVE ORDER SCO-
GA 1511
Page 8 2. When he gets to Arizona, he announces that he has multiple slates of electors, and so is
going to defer decision on that until finishing the other States. This would be the first break
with the procedure set out in the Act.
3. At the end, he announces that because of the ongoing disputes in the 7 States, there are no
electors that can be deemed validly appointed in those States. That means the total number
of “electors appointed” — the language of the 12th Amendment -- is 454. This reading of the
12th Amendment has also been advanced by Harvard Law Professor Laurence Tribe (here).
A “majority of the electors appointed” would therefore be 228. There are at this point votes for Trump, 222 votes for Biden. Pence then gavels President Trump as re-elected.
4. Howls, of course, from the Democrats, who now claim, contrary to Tribe’s prior position,
that 270 is required. So Pence says, fine. Pursuant to the 12th Amendment, no candidate
has achieved the necessary majority. That sends the matter to the House, where the “the
votes shall be taken by states, the representation from each state having one vote... .”
Republicans currently control 26 of the state delegations, the bare majority needed to win
that vote. President Trump is re-elected there as well.
5. One last piece. Assuming the Electoral Count Act process is followed and, upon getting the
objections to the Arizona slates, the two houses break into their separate chambers, we
should not allow the Electoral Count Act constraint on debate to control. That would mean
that a prior legislature was determining the rules of the present one — a constitutional no-no
(as Tribe has forcefully argued). So someone — Ted Cruz, Rand Paul, etc. — should demand
normal rules (which includes the filibuster). That creates a stalemate that would give the
state legislatures more time to weigh in to formally support the alternate slate of electors, if
they had not already done so.
6. The main thing here is that Pence should do this without asking for permission — either from
a vote of the joint session or from the Court. Let the other side challenge his actions in
court, where Tribe (who in 2001 conceded the President of the Senate might be in charge of
counting the votes) and others who would press a lawsuit would have their past position --
that these are non-justiciable political questions — thrown back at them, to get the lawsuit
dismissed. The fact is that the Constitution assigns this power to the Vice President as the
ultimate arbiter. We should take all of our actions with that in mind.
ChapmanSUBJECT TO PROTECTIVE ORDER SCO-
GA 1512
Page 9 SEALED
GA 1528
Page 10 SEALED
GA 1576
Page 11 SEALED
GA 1577
Page 12 SEALED
GA 1582
Page 13 SEALED
GA 1583
Page 14 SEALED
GA 1584
Page 15 SEALED
GA 1585
Page 16 SEALED
GA 1586
Page 17 SEALED
GA 1587
Page 18 SEALED
GA 1588
Page 19 SEALED
GA 1589
Page 20 SEALED
GA 1590
Page 21 SEALED
GA 1591
Page 22 SEALED
GA 1592
Page 23 SEALED
GA 1593
Page 24 SEALED
GA 1594
Page 25 SEALED
GA 1595
Page 26 SEALED
GA 1596
Page 27 SEALED
GA 1597
Page 28 SEALED
GA 1598
Page 29 SEALED
GA 1599
Page 30 SEALED
GA 1600
Page 31 SEALED
GA 1601
Page 32 SEALED
GA 1614
Page 33 SEALED
GA 1615
Page 34 SEALED
GA 1616
Page 35 SEALED
GA 1617
Page 36 SEALED
GA 1618
Page 37 SEALED
GA 1619
Page 38 SEALED
GA 1623
Page 39 SEALED
GA 1624
Page 40 SEALED
GA 1625
Page 41 SEALED
GA 1626
Page 42 SEALED
GA 1627
Page 43 SEALED
GA 1628
Page 44 SEALED
GA 1629
Page 45 SEALED
GA 1630
Page 46 SEALED
GA 1631
Page 47 SEALED
GA 1632
Page 48 SEALED
GA 1633
Page 49 SEALED
GA 1634
Page 50 SEALED
GA 1635
Page 51 SEALED
GA 1636
Page 52 SEALED
GA 1637
Page 53 SEALED
GA 1638
Page 54 SEALED
GA 1668
Page 55 SEALED
GA 1669
Page 56 SEALED
GA 1670
Page 57 SEALED
GA 1671
Page 58 SEALED
GA 1672
Page 59 SEALED
GA 1673
Page 60 SEALED
GA 1674
Page 61 SEALED
GA 1675
Page 62 SEALED
GA 1676
Page 63 SEALED
GA 1677
Page 64 SEALED
GA 1678
Page 65 SEALED
GA 1679
Page 66 SEALED
GA 1680
Page 67 SEALED
GA 1681
Page 68 076P-R000007557_
POTUS
I am honored
to stand before
tens of thousands
of devoted
American Patriots
who are committed to
the honesty of
our elections
and the integrity of
our glorious Republic.
All of us here today
do not want to see
our election victory
stolen by emboldened
Radical Left
Democrats.
Our Country
has had enough,
we will not
take it anymore!
Together, we will
STOP THE STEAL.
Today,
I will lay ont just
some of the evidence
proving that we won
this election,
and we won it
by a landslide.
Almost
75 million people
voted for
our campaign,
the most of any
incumbent president
SUBJECT TO PROTECTIVE ORDER SCO-GA 1682
Page 69 076P-R000007557_
* If Georgia
had merely rejected
the same number
of unlawful ballots
as in other years,
there
should have been
approximately
45,000 baliots rejected
-- far more than
we needed to win.
* There is only
one reason
that Democrats
could possibly want
to eliminate
signature matching,
oppose Voter ID,
and stop citizenship
confirmation:
because they want to
STEAL elections.
The Radical Left
knows EXACTLY
what they are doing --
they are ruthless, and
it's time somebody
did something
about it.
* In Fulton County,
Republican
poll watchers were
ejected from the room
under the
false pretense
of a burst pipe --
which we now know
to be a total lie.
SUBJECT TO PROTECTIVE ORDER SCO-GA 1683
Page 70 076P-R000005241_

THE VICE PRESIDENT
NASHING TON
January 6,
Dear Colleague:
Today, for the 59th time in our Nation’s history, Congress will convene in Joint Session to count
the electoral votes for President of the United States. Under our Constitution, it will be my duty
as Vice President and as President of the Senate to serve as the presiding officer.
After an election with significant allegations of voting irregularities and numerous instances of
officials setting aside state election law, I share the concerns of millions of Americans about the
integrity of this election. The American people choose the American President, and have every
right under the law to demand free and fair elections and a full investigation of electoral
misconduct. As presiding officer, | will do my duty to ensure that these concerns receive a fair
and open hearing in the Congress of the United States. Objections will be heard, evidence will
be presented, and the elected representatives of the American people will make their decision.
Our Founders created the Electoral College in 1787, and it first convened in 1789. With the
advent of political parties, the Electoral College was amended in 1804 to provide that Electors
vote separately for President and Vice President. Following a contentious election in 1876, with
widespread allegations of fraud and malfeasance, Congress spent a decade establishing rules and
procedures to govern the counting of electoral votes and the resolution of any objections.
During the 130 years since the Electoral Count Act was passed, Congress has, without exception,
used these formal procedures to count the electoral votes every four years.
Given the controversy surrounding this year’s election, some approach this year’s quadrennial
tradition with great expectation, and others with dismissive disdain. Some believe that as Vice
President, I should be able to accept or reject electoral votes unilaterally. Others believe that
electoral votes should never be challenged in a Joint Session of Congress.
After a careful study of our Constitution, our laws, and our history, I believe neither view is
correct.
The President is the chief executive officer of the Federal Government under our Constitution,
possessing immense power to impact the lives of the American people. The Presidency belongs
io the American people, and to them alone. When disputes concerning a presidential election
arise, under Federal law, it is the people’s representatives who review the evidence and resolve
disputes through a democratic process.
Our Founders were deeply skeptical of concentrations of power and created a Republic based on
separation of powers and checks and balances under the Constitution of the United States.
SUBJECT TO PROTECTIVE ORDER SCO-GA 1684
Page 71 076P-R000005241_
Vesting the Vice President with unilateral authority to decide presidential contests would be
entirely antithetical to that design. As a student of history who loves the Constitution and
reveres its Framers, | do not believe that the Founders of our country intended to invest the Vice
President with unilateral authority to decide which electoral votes should be counted during the
Joint Session of Congress, and no Vice President in American history has ever asserted such
authority. Instead, Vice Presidents presiding over Joint Sessions have uniformly followed the
Electoral Count Act, conducting the proceedings in an orderly manner even where the count
resulted in the defeat of their party or their own candidacy.
As Supreme Court Justice Joseph Bradley wrote following the contentious election of 1876, “the
powers of the President of the Senate are merely ministerial... He is not invested with any
authority for making any investigation outside of the Joint Meeting of the two Houses... [If any
examination at all is to be gone into, or any judgment exercised in relation to the votes received,
it must be performed and exercised by the two Houses.” More recently, as the former U.S. Court
of Appeals Judge J. Michael Luttig observed, “[t]he only responsibility and power of the Vice
President under the Constitution is to faithfully count the Electoral College votes as they have
been cast,” adding “[t]he Constitution does not empower the Vice President to alter in any way
the votes that have been cast, either by rejecting certain votes or otherwise.”
It is my considered judgment that my oath to support and defend the Constitution constrains me
from claiming unilateral authority to determine which electoral votes should be counted and
which should not.
While my role as presiding officer is largely ceremonial, the role of the Congress is much
different, and the Electoral Count Act of 1887 establishes a clear procedure to address election
controversies when they arise during the count of the vote of the Electoral College. Given the
voting irregularities that took place in our November elections and the disregard of state election
statutes by some officials, | welcome the efforts of Senate and House members who have stepped
forward to use their authority under the law to raise objections and present evidence.
As presiding officer, I will ensure that any objections that are sponsored by both a Representative
and a Senator are given proper consideration, and that all facts supporting those objections are
brought before the Congress and the American people. ‘Those who suggest that raising
objections under the Electoral Count Act is improper or undemocratic ignore more than years of history, and fail to acknowledge that Democrats raised objections in Congress each of
the last three times that a Republican candidate for President prevailed.
Today it will be my duty to preside when the Congress convenes in Joint Session to count the
votes of the Electoral College, and I will do so to the best of my ability. I ask only that
Representatives and Senators who will assemble before me approach this moment with the same
sense of duty and an open mind, setting politics and personal interests aside, and do our part to
faithfully discharge our duties under the Constitution. I also pray that we will do so with
humility and faith, remembering the words of John Quincy Adams, who said, “Duty is ours;
results are God's,”
SUBJECT TO PROTECTIVE ORDER SCO-02249143 ©
GA 1685
Page 72 076P-R000005241_

Four years ago, surrounded by my family, I took an oath to support and defend the Constitution,
which ended with the words, “So help me God.” Today I want to assure the American people
that I will keep the oath I made to them and I will keep the oath I made to Almighty God. When
the Joint Session of Congress convenes today, I will do my duty to see to it that we open the
certificates of the Electors of the several states, we hear objections raised by Senators and
Representatives, and we count the votes of the Electoral College for President and Vice President
in a manner consistent with our Constitution, laws, and history. So Help Me God.
Michael R. Pence
Vice President of the United States


SUBJECT TO PROTECTIVE ORDER SCO-GA 1686
Page 73 SEALED
GA 1689
Page 74 SEALED
GA 1698
Page 75 SEALED
GA 1699
Page 76 SEALED
GA 1700
Page 77 SEALED
GA 1701
Page 78 SEALED
GA 1702
Page 79 ‘You can also sign up to receive text messages from Team Trump, members of the Trump family, and even the President himself. If you would like to opt-out of important campaign updates like this,
please c If you would like to give feedback to the President, cHek heve, If you'd like to step up and join your fellow Patriots in the fight agamst the Left-wing MOB please elick bere to sign
up to with Team Trump. It's because of the commitment and support from real Patriots, like YOU. that we will Make America Great Again! We appreciate your support and with
your help, we'll secure FOUR MORE YEARS!

Start earning Trump Reward points and download the Official Trump 2020 App below.
Pie Pea terre lela eae) = oS ele
& App Store we eee sy

Privacy Polley
CONFIDENTIAL SUBJECT TO FED R. CRIM. P. 6(E) PO
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1797
Page 80 SLZ28¢Z00-O0S
yLooo00 NASY
sumu C7 say ¢ xosddp aunty jys1p-]
sjafjau pia
(TV TY) punjayv] 40f (VI) Iq Medaq
sun Cp ‘xoiddp autt) aaLig]
ADD aJDALtd DIA (CPT Y) j4od.ip
say 4of pavjiyy ayy javdaq
Oq ‘uoSurysem ‘eze]q Wopsesoyroads AUIvY VOVIN
(ISA Wd $1°6)
LS Wd 00°
(ISH Wd St-9)
ISH Wd 00°
(LSA Wd 0¢*F)
LSa INV 0€°

9 AUVONVS AVGSHUNGAUM
i# UOTRULIIUOD
:# UOTJBLULITJUOT)
10H PARTYLIAA
Od ‘uowurysem “CELL
AIUUIG
OC ‘UoSuryse A, ‘eze]g Wopsaly
saysveds ATIeY VOVIN
Od ‘uoyuTYse AA “OOH PAPITLAK SUL
youny]
ANO] IsNoP IY AA
IZ0w “9 AUVANVE ‘AVGSHNGYM + AUVONVE ‘AVGNOW
NOU
(LSA Wd 00:8)
LSa Wd 0¢:
(LS@ Wd 0€:F)
LS@ Wd 00:
(LS@ Wd 0¢€:1)
LS@ Wd 00:
ONINYOW-CIN

AXYVONVE AVGSANL
Y3quO SAILOSLOYd OL LOALaNS
AINO SSN S.SSLUANWOS LO3STAS HOd - GSSOTOSIO 38 OL LON - TWILNSGISNOD
‘#4 UONRULTUOD
1# UOTRULIUOD
[OH P2EPLAN OULL
‘sunt gg ‘xoaddp aut) aaligipo apaiid
pid JajoH pavjypiyy 4of GY] 14vdaq
sun gz 4yy ‘xoaddp aust) 1Yy81) sjahiau via (CTY) Od ‘uoiulysp yy
4of (NNCM) “ojo 14odaq]
VD ‘uojeg ‘yodiry [euorgoy uoyeq
SNLOd WIM ATTeY v1s.
[081440 SOLOd 124" PIOH
sunugg ayy ‘xoiddy awa jysip]
syafiau pia (NNCX)
uoyog 40f (TP Ty) punjaynT] javdagy
NVld dR ? Loon
Now
CSY Wd 00:1D
ISH Wd 0€-
CISA Wd 07-0)
ISA Wd 00°
(LS@ Wd 0¢:8)
LSa Wd 00:
(LSI Wd 00:9)
ISA Wd 00°
(ISA Wd OS?§)
ISA Wd 0€°T

‘Fy AUVONVE AVGNOW
*VONUDV
GA 1805
Page 81 9128¢200-O00S
SLo000 NASH
Y3AGHO SAILOALOYd OL LOAPaNsS
A INO SSN S.SSLLINNOD LOSTAS Od - GASOTDSIO 38 OL LON - TWILNSCISNOD

















LADGNA TV.LOL | 00°000°000"¢S
TVLOL | 00°000°00Z$ =| 00°000°0S¢°7$
(rdoad'st | AMLINDIS/SHYSI]4/S]930H | OO'OOO'OOIS | -$
-O| ewunse) dnows GR op 20) Gunoes oyeatd pur soorasas seo ‘syst areatadyspayoy yp soy 1809 poyeunysa oup st sty], , ,
“soruedwios Suisng ou) Iai SUISsTespUn.] juUUOgON|g Yano weIs0lg suisng 00'000°001$ -¢
Apaoup yoequoa isnf Aew ayy ‘sniper api Og] UIE soto Joy wessoid Suisng ev oZtuess0 O) spuNy asatp) paou [JIM oy .
— | /SuIpying PaosD
“19 “Surspoy ‘snystyy ‘soy siayeads pernusjod pasu [yun yep sisyeads gy A sisse djay o7 yovg Surpyoy are om AOUOUI SI SI], [OAR], siayradg/saaq 00°'000‘00Z$ -
siayeodg
‘s1809 [eUONIppe atp 1uoWwaddns oy oF ppnow simp Os aie O1 OOO'OS TS Poster oavy Kat pur OOO'OOES Punose aq o1 sloztuesio | oo'O00;OOES | -¢F
sosuodxa arp 190dxo suozruedso oy) ing ino poyJoas siod siqp jun joWAed uo SuIppoy ‘siuuod [env amp spjoy uoNEztues0 wong Aleysat
Joyoue yng SIL] BOLOUTY JO] UWA, APUoLMd si Jozruesso UreU oy], “Ayyed ou) JO siozruedso ol) ystsse [LM spuny osayy, } a AP aAss
BOLISUY 10} USL MA
‘Somes 10 SOBA OTT Suistespuny | -$ 00'000'0s$
pue UONNDEXxo oy) YILM ISISse 0] popoou oq Ae Jey) SIO}Se.NUOSgNs Surpuod yeas oO} 1[INg st }spng oy], “WOWASTApe JOUOp juu0gan
pur sonstdo] [axe ‘UoNeztuRso Word YoFpng op Fursosioro Surpnjout soowuss P11 01 st wwowded siqy, } ena
aT Ee VOVd) pung | -$ 00°000°007$
Suipusd Auew os qui Anunos ay) punose pney voNsays ou 14ST 0} sLO]Jo [eda] panunNUOS Io) puny pynom yUaUSdAuT 3sudI9c] Me’7T Jo 2In
SIU], “SUOo [eda] s,dumsy, woptsarg jo samuoddns ATqipasout uaag aay (WOYVy) spesauary sAowo yy UestTqnday aq], yd TJO 91NY
“SHOyje wonezTaRIo sty Tui isisse Oy 1 Spoomp oF [rs quounsaaur siqy, f =$ 00'000°00c$
“SoUEpUOe AseINOIU O} SNIPE a]IL Og] E lesIeI-oo0 ssoidxq Auieg Bo] -¢ 00'000‘00r$
1}. pur Ayes tag Arenues oy olowaid 01 ustedweo [eisip pue orpel ‘UOIstAa|a B Yo OpNysuT [[LM sity, ‘“odedqam oy era dn
UBIS PUR PUNE 0} S[ENPIAIPUT ddeINODUD 0} O1ISqam aT) a}0WIOId OF spe posse} asn [IM Ao] “oded CASy Ue pue epusde ayy
Surpnysut Tg pue ty¢ Arenues uo syuda9 Ayer ay) apowtord 0} ayIsqom poziyeruss eB a}eAId 0} UONNQLNUOS at) asn TUM Aaty,
"9 Alenuey UO BIAiOar UT [eaIS oy) COIs 0} DI0A O} ONpog pue Jo[]Joo] SlOletag seeMoouS DBUSS “S*f] OY SAKS | -¢ 00°000'00S$
oi dummy pyeuog surmpesy sXng pe [euoNtppe oyeul oO} VONezZTUesIO atp apqrua osye [IM pue Ip Arenuer uo Aqyper s,duruy,
waptsalg 1 ssuepuaye yoddns dyay [[LM jaUWSOAUT SI], ‘oNpJog PIAeG] Pue JoJO07] AT[Sy Sayepripued oyeuas uest[qnday
1o979-ar djay 0} pue pnes] 110A eIsloaH amp dojs o1 WoPye ue ul sp dummy, ppeuog] Aq papunoy sea Jy_ AeUasg “SF oI) sas
“SOATPOGO/S|BOS ISI] BILTOWY sUepiselg ay) spremo, Aue sndureo suonoy uondy 1u1Og suruin IL | -$ 00°000°000°I$
1wio0g Burm, puedxe doy se [joa se peg 10a isurese wsy o1 swopms Burziyiqow o1 uoNrppe ur ‘dump, wopisarg ‘ . ‘
JO} tng Arenues Jo coueot lusts oy) NOge sUOT][TW SuNeONps spe oplMUONeU TurUUM og OSTe [[IA pure WUOAS Up We JUAIvOD
OOplAa otp []e Sutsnpoid oq [Im Ao~n ‘A]TeuoMppy ‘ATTes oy) puone o1 OQ ‘Uosuryse ny oy ANuNos ay) punose wor] syuopms
pur sdoouanyyur erpow yetsos Aoydap oy way) Moye yi wuounsoadt sty], <9 popunoy sem uonoy wrog Surumy,
NOLLdMH9OSsad ALLING ¢dqNnnoud Tannou





*LASdana
[707 ‘9 AUVOANVE “AVGSANGHM + AUVONVS ‘AVONOW
NV'ld dri ? LaDdns
GA 1806
Page 82 6128¢Z00-O0S
gL0000 NASY
sunu cf say Z ‘xoaddp aut) YB]
sjafjau DIA
(IF LY) punjayv 40f (AVI) Od lvdaq
sum ¢p ‘xoiddp auti} aALIG]
4AD2 aypaltd Dia (CFL) Mody
saynqg 4of pany ayy jivdag
Oq ‘uouryse Ay ‘eze]g wopossayrsaeds AYeY VOVIN
CSA Wd $16)
ISI Wd 00°Z
CSA Wd $t/9)
ISA Wd 00°
(LSA Wd 0€'+)
LSA WY 0¢-

9 AUVONVE “AVGSANGAUM
-# UOT PULITUOD
i# UOHPULIUOD
[SIOH PleTTIAA SUL
OG “uowsuryseM ‘CEL
Jug
Oq ‘Uo urlyse MM ‘eze]g WOpresoysoads AYeY VOVIN
OC “uo SuTYyse MA *[910H PIE|IEAA OUL
youn]
ANO], ISNOP AY AA
[70 “9 AUVNNVE ‘AVGSHANGHYM + AUVONVS ‘AVGNOW
NOU
(LSA Wd 00:8)
LSa Wd 0€:
(LSA Wd 0¢:F)
LSad Wd 00-
(LSA Wd 0€:1)
LSa Wd 00°
ONINYOW-CIA

S AUVOANVE AVGSANAL
Y3quO SAILOSLOYd OL LOALaNS
AINO SSN S.SSLUANWOS LO3STAS HOd - GSSOTOSIO 38 OL LON - TWILNSGISNOD
14 UOTRLUUTJUO
:# UONPULIJUOD
}910H Prey OWL
‘sult gg ‘xoaddp auti} aAligy
dp2 aypald
pid Jajoyy pavyjiyy of QP] lvdaq
sum gz 4yy ‘xoaddn au 14st.
sjaljau pia (RLY) OC ‘uoisulysoy
40f (NNCLX) voip 14odaq
V9 ‘uojeq ‘uodiry jeuolsoy uoyed
SO.LOd Yue Ayey B1s.1095)
[PALLY S.LOd [Un PIO
sumuigg «yy ‘xoaddp aut} ysip.]
sjafiau via (NNCY)
uojjog 40f (TR TY) puojayn’] javdacy
NV1ld dni > Laodns
Nod
CISA Wd 00:TD)
ISYT Wd O€-
SY Wd 07-0)
LST Wd 00-
(LSA Wd 0€°8)
LSa Wd 00:
(LSA Wd 00:9)
ISH Wd 00°F
(SA Wd 0$:€)
ISA Wd 0&°T

*r AAUVOANVE AVGNOW
*VGNHDV
GA 1809
Page 83 Lé£8¢Z00-00S
0z0000 NASH
Y3quO SAILOSLOYd OL LOALaNS
AINO 3SN SSSLLINWOSD LOATAS HOS - GASOTDSIO 39 O1 LON - TWILNSGISNOOD

‘SLSHNO0Y LHDIMTA LAPLAN
1# ]UNOIIW
14 Sunnoy
OPL8L XL “Ulisny “proy sorry 99g 9C9¢ -SSXIppy yueg
Sexo] yuRg Jsoly -yuRg
000°0S$ ITT ONISIVHCNDA LANNOSAN TE

UNOIIY
Sunnoy
>. :ssdIppy yueg
VN uvg oSpug uleyD yung
000°007S GND ASNAAAG MVTAO ATTN
QUIN JUNOIIV
na IquINnN Suynnoy
OSB] SIO yueg
000°00rS SSTUdxXaA ALYVd VAL ALVIS
quinn Sunnoy
| QUIN JUNOIIV
90007 OC “UorsuTYseA\ “MN LPNS M6061 S8aappy yueg
LY Asi yp -yueg
000°00S$ IVd ALVNAS ‘S'N DAHL FAVS
1OIZ? VA “URS TS “SAY Ul


UNODYy
{SOA

POP09 TI ‘POOMAIOYS ‘1g UOSIDTJOL :
yurg oseyo :yueg
ma: INIA
000°000°1S NOLLOV LINIOd DNINYALL
IZ0? ‘9 AUVONVE AVGSHNGHM AUVONVS “AVGNOW
NV ld dri? Lacan aa
GA 1811
Page 84 ccoZ8¢éZ00-O0S
120000 NASH
Y3quO SAILOSLOYd OL LOALaNS
AINO SSN S.SSLUNWOS LOSTAS HOd - GASOTOSIO 38 OL LON - TWILNSGISNOD
Pl
paan
suTluc |
LSH Wd S
ISH Wd 00:
(TVs) Modiry yeuoneuioquy Jopury pueyoyey
(QVIM) Hodary soyjng uouryse A
[Zz ‘9 Arenuer ‘Aepsoupo
Ta ‘puupyey < Oq ‘uojsuryse yy
Pe
Paan
SUTLUQZ IY]
LSA Wd 02:
LSA Wed 00:
(AVI) vodary soyjng uorSuryse
(NN) Hodiry jeuorsoy uoyeq
1Z0Z ‘p Avenue ‘Aepuop|
Od ‘uo;ZuryseA < VD ‘uoYE
pean
SUTLUQZ IY]
SH Wd OS:¢
LSA Wd O€:Z
(NNG®) Hodary [euoldsoy uoyeg
(IVTY) vodiry yeuoneusajuy Jopury purpsye]
1707 “p Avenues ‘Aepuoy|
VX) “uo eg < TY “purlayxeT
[Z0z “9 AUVANVE ‘AVGSHNGAM + AUVONVS ‘AVONOW
NV ld dri? Laoans a
2ISOpLUB]A
*# WEL
OU YS
POUL], [BALIIY
UL ainjaedag
*Odd [BALLTY
709A 2.1nj1edaq
1998q
(¢ 148q
JSapluRyAy
*# EL
OU IYSTY
SOUL, [BALLIY
rut aanjaedag
‘Odd [BALIY
[Oa 2njaedag
:37eq
(z usq
JSIpUBIA
*# WEL
OU WYSIY
OU, [BALIY
uy Ianjaedag
Oa [RAL
(O90 A 2anjaedag
:97e8q
(1 usq
GA 1812
Page 85 S¢Z8¢Z00-O0S
#zZ0000 NASH
Y3quO SAILOSLOYd OL LOALaNS
AINO 3SN SSSLLINWOSD LOATAS HOS - GASOTDSIO 39 O1 LON - TWILNSGISNOOD

‘SLSHNO0Y LHDIMTA LAPLAN
1# ]UNOIIW
14 Sunnoy
OPL8L XL “Ulsny “proy Soar 99 999g -SSOIppy yueg
sexo] yuRg Jsoly -yuRg
000°0S$ ITI ONISIVUCNDA LANNOGAN TE
UNIV
ce V-Srrl :SSeIppy yueg
N Syuvg o8pug uisyo nyurg
000°007S ances GISNIAIG MVT AO ATNY

1OIZ? VA “URS TS “SAV e
QUIN JUNOIIV
IquINnN Suynnoy
OSIeY SOA yuReg

000°00rS SSTadXka ALUVd VAL ALVIS

quinn Sunnoy
| QUIN JUNOIIV
90007 OC “UorsuTYyseA\ “MN LPNS YM 6061 *SSappy yueg
LY Asi yp -yueg
000°00S$ IVd ALVNAS ‘S'N DAHL FAVS

JUNOIIY
TSOALAA
SULPNOYY
POPO9 TI ‘POOMAIOYS "1S UOSIDIJOL “Ay 906 :SSOAppy yueg
yueg oseya eed
000°000°1S NOLLOV LINIOd DNINYALL
IZ0? ‘9 AUVONVE AVGSHNGHM AUVONVS “AVGNOW
NV ld dri? Lacan aa
GA 1815
Page 86 9¢Z8¢Z00-O0S
$z0000 NASY
Y3quO SAILOSLOYd OL LOALaNS
AINO SSN S.SSLUNWOS LOSTAS HOd - GASOTOSIO 38 OL LON - TWILNSGISNOD
Pe
paan
SUILUG | YZ
LSA Wd S
LSA Wd 00:
(IVT) yodiry [PUOIBUIOU] JOpuly pue[oyey]
(VIM) Hodiry saying uoysuryse ny
[Zz ‘9 Avenues ‘Aepsoupo
Ta ‘purpyey < Oq ‘uo}suryse A
Pe
Paan
SUTLUQZ IY]
LSA Wd 02:
LSA Wed 00:
(AVI) vodary soyjng uorSuryse
(NN) Hodiry jeuorsoy uoyeq
1Z0Z ‘p Avenue ‘Aepuop|
Od ‘uo;ZuryseA < VD ‘uoYE
pean
SUTLUQZ IY]
SH Wd OS:¢
LSA Wd O€:Z
(NNG®) Hodary [euoldsoy uoyeg
(IVTY) vodiry yeuoneusajuy Jopury purpsye]
1707 “p Avenues ‘Aepuoy|
VX) “uo eg < TY “purlayxeT
[Z0z “9 AUVANVE ‘AVGSHNGAM + AUVONVS ‘AVONOW
NV ld dri? Laoans a
2ISOpLUB]A
*# WEL
OU YS
POUL], [BALIIY
UL ainjaedag
*Odd [BALLTY
709A 2.1nj1edaq
1998q
(¢ 148q
JSapluRyAy
*# EL
OU IYSTY
SOUL, [BALLIY
rut aanjaedag
‘Odd [BALIY
[Oa 2njaedag
:37eq
(z usq
JSIpUBIA
*# WEL
OU WYSIY
OU, [BALIY
uy Ianjaedag
Oa [RAL
(O90 A 2anjaedag
:97e8q
(1 usq
GA 1816
Page 87 2¢482200-O09S Y30u0 JSAILOALOWd OL LOAPENS
920000 NASTY AINO ASN S.SALUINWOS LOATAS HOd - GASOTOSIC 39 OL LON - TWILNAGISNOOD

Speq sqnod
IZ0c “9 AUVANVE ‘AVGSHNGHYM + AUVONVS ‘AVGNOW
NV'ld dni? Laodns
GA 1817
Page 88 SEALED
GA 1833
Page 89 SEALED
GA 1834
Page 90 Exhibit 52 - Page
Save America March
lam honored to stand before tens of thousands of devoted American Patriots who
are committed to the honesty of our elections and the integrity of our glorious
Republic. All of us here today do not want to see our election victory stolen by
emboldened Radical Left Democrats. Our Country has had enough, we will not take it
anymore! Together, we will STOP THE STEAL.
Today, | will lay out just some of the evidence proving that we won this election, and
we won it by a landslide. Almost 75 million people voted for our campaign, the most
of any incumbent president in history--and we will not let them silence your voices.
Many of you have travelled from all across the nation to be here. From the bottom of
my heart, thank you for your incredible support of our movement, and your
extraordinary love for this amazing country. | will never, ever forget it.
We are gathered together in the heart of our nation’s capital for a simple reason: to
SAVE our Democracy.
For years, Democrats have gotten away with election fraud and Republicans have
turned a blind eye -- even as Democrats enacted policies that shipped away our jobs,
weakened our military, threw open our borders, and put America Last.
But this year, using the pretext of the China Virus and the scam of mail in ballots,
Democrats attempted the most brazen and outrageous election theft in American
history.
Now it is up to Congress to confront this egregious assault on our Democracy. We
have come to demand that Congress do the right thing, and only certify the electors
who have been lawfully slated. | know that everyone here will soon be marching over
to the Capitol building to peacefully and patriotically make your voices heard.
| want to thank the more than 140 members of the House of Representatives who
have announced that they will object to the certification of the election results. | also
want to thank our [14] most courageous members of the U.S. Senate: Senators Ted
Cruz, Ron Johnson, Josh Hawley, [[David Perdue,]] [[Kelly Loeffler,]] Marsha
Blackburn, Mike Braun, Steve Daines, Bill Hagerty, John Kennedy, James Lankford,
Cynthia Lummis, Tommy Tuberville, and Roger Marshall.
Select Committee to Investigate the January 6th Attack on the United States Capitol a
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1835
Page 91 Exhibit 52 - Page
comprehensive assault on our democracy--and the American People are finally
standing up and saying NO.
e In Wisconsin, corrupt Democrat-run cities deployed more than 500 illegal
unmanned, unsecured ballot drop boxes which collected a minimum of 91,unlawful votes. In addition, over 170,000 absentee votes were counted in
Wisconsin without a valid absentee ballot application, meaning those votes
were blatantly illegal under state law--and they came 100 percent from
Democrat areas such as Milwaukee and Madison.
e In Madison, 17,000 votes were deposited in so-called “human drop boxes,”
where operatives stuffed thousands of unsecured ballots into duffle bags on
park benches across the city, in complete defiance of a cease-and-desist letter
from the state legislature.
@ According to eyewitness testimony, Postal Service workers in Wisconsin were
also instructed to illegally backdate approximately 100,000 ballots.
e The margin of difference in Wisconsin is only 20,000 votes--any one of these
issues is more than enough to show that we WON the state.
e In Georgia, the Secretary of State and Democrat party operatives entered into
an illegal settlement agreement that drastically weakened signature verification
and other election security procedures..As.a result, Georgia’s absentee ballot
rejection rate went from an average of 3 percent in past elections, down to just
0.3 percent in 2020--a reduction of more than 10 times. 48 counties in Georgia
rejected ZERO ballots.
® In other words, in a year in which more mail-in ballots were sent than ever
before, and more people were voting by mail for the first time, the rejection
rate was somehow drastically LOWER than ever before. The only way this can
be explained is if tens of thousands of illegitimate votes were added to the tally.
e If Georgia had merely rejected the same number of unlawful ballots as in other
years, there should have been approximately 45,000 ballots rejected--far more
than the margin.
® There is only one reason that Democrats could possibly want to eliminate
signature matching, oppose Voter ID, and stop citizenship confirmation:
because they want to STEAL elections. The Radical Left knows EXACTLY what
they are doing--they are ruthless, and it’s time somebody did something about
it.
Select Committee to Investigate the January 6th Attack on the United States Capitol een
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1837
Page 92 Exhibit 52 - Page
@ In Fulton County, Republican poll watchers were ejected from the room under
the false pretense of a burst pipe--which we now know to be a horrendous lie.
Then, election officials pulled boxes and suitcases of ballots out from under the
tables and illegally scanned them for nearly 2 hours unsupervised. This act
coincided with a mysterious vote dump of up to 100,000 votes for Joe Biden at
1:34AM in Georgia.
e The Georgia Secretary of State has rejected 5 separate appeals for an
independent and comprehensive audit of signatures. Yet the numbers of
fraudulent ballots we have identified stagger the mind.
@ Over 10,300 ballots in Georgia were cast by individuals whose name and date of
birth matches a Georgia resident who died in 2020 prior to the election.
@ More than 2,500 ballots were cast by individuals whose name and date of birth
matches an incarcerated felon in a Georgia prison— people who are not
allowed to vote.
@ More than 4,500 illegal ballots were cast by individuals who do not appear on
the state’s voter rolls.
@ Over 18,000 illegal ballots were cast by individuals who registered to vote using
an address listed as “vacant,” according to the postal service.
@ Atleast 86,000 ballots in Georgia were cast by people whose registrations were
illegally backdated.
@ 66,000 votes in Georgia were cast by individuals under the legal voting age.
e Atleast 15,000 ballots were cast by individuals who moved out of the state
prior to the November 3rd election.
e@ Despite all of this, the margin in Georgia is only 11,000 votes--each and every
one of these issues is enough to give us the margin of victory. Make no mistake
- this election was stolen, and not a single swing state has conducted a
comprehensive audit to remove the illegal ballots. This should absolutely occur
in every single contested state BEFORE the election is certified.
@ Inthe state of Arizona, over 36,000 ballots were illegally cast by non-citizens.
2,000 ballots were returned with no address, more than 22,000 were returned
before they were ever supposedly mailed out, and there were 11,600 more
votes counted than there were actual voters.
@ 150,000 people registered in Maricopa County AFTER the registration deadline.
103,000 ballots in the county were sent for electronic adjudication with no
Republican observers.
Select Committee to Investigate the January 6th Attack on the United States Capitol a
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1838
Page 93 Exhibit 52 - Page
@ In Clark County, Nevada, the accuracy settings on the signature verification
machines were purposefully lowered before they were used to count over
130,000 ballots.
® There were also more than 42,000 double votes in Nevada.
® Over 1,500 ballots were cast by individuals whose name and date of birth
matches a Nevada resident who died in 2020 prior to the November 3rd
election, and more than 8,000 votes were cast by individuals with no address.
@ The margin in Nevada is only 33,000 votes--without the cheating, we easily
won.
@ In Michigan, the Secretary flooded the state with unsolicited mail in ballot
applications, sent to every person on the rolls in direct violation of state law.
® More than 17,000 Michigan ballots were cast by individuals whose name and
date of birth matches a person who was deceased.
@ In Wayne County alone, 174,000 ballots were counted without being tied to an
actual registered voter. Also in Wayne County, poll watchers observed
canvassers re-scanning batches of ballots through vote tabulation machines up
to 3 to 4 times.
e Acareer employee of the city of Detroit testified under penalty of perjury that
she witnessed city workers coaching voters to vote straight Democrat, while
accompanying them to watch who they were voting for--all of which is against
the law. The same worker was instructed not to ask for any voter ID, and not to
attempt to validate any signatures. She was also told to illegally backdate
ballots received after the deadline, and reports that thousands of ballots were
improperly backdated.
e Four witnesses have testified that after officials in Detroit announced the last
votes had been counted, tens of thousands of additional ballots arrived without
the required envelopes, all voting for Democrats.
e@ At 6:31 AM in the early morning hours after the voting had ended, Michigan
suddenly reported 147,000 votes--an astounding 94 percent for Biden, percent for Trump. Such gigantic and one-sided vote dumps were only observed
in afew swing states--and they were always just enough to push Joe Biden
barely into the lead.
Select Committee to Investigate the January 6th Attack on the United States Capitol FY
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1839
Page 94 Exhibit 52 - Page
In addition, there is the highly troubling matter of Dominion voting systems. In one
Michigan county alone, 6,000 votes were switched from Trump to Biden--and the
same systems are used in the majority of states.
Georgia State Senator William Ligon [Lig-in], Chairman of the Georgia Senate Judiciary
Subcommittee on Elections, has written a letter describing his concerns with
Dominion in Georgia. He wrote QUOTE: “the Dominion voting machines employed in
Fulton County had an astounding 93.67 percent error rate in the scanning of ballots
requiring a review panel to "adjudicate" or "determine" the voter's intent in over
106,000 ballots out of a total 113,130 ballots. The national average for such an error
rate is far less at 1.2 percent. The source of this astronomical error rate must be
identified to determine if these machines were set up or designed to allow for a third
party to disregard the actual ballot cast by the registered voter.”
The letter continues: “There is clear evidence that tens of thousands of votes were
switched from President Trump to former Vice President Biden in several counties in
Georgia. For example, in Bibb County, President Trump was reported to have 29,votes at 9:11 pm EST while simultaneously former Vice-President Joe Biden was
reported to have 17,218 votes. Minutes later at the next update, these vote numbers
switched with President Trump now having 17,218 votes and Mr. Biden having 29,votes, a 12,173 vote switch to Mr. Biden's favor. No rational explanation has been put
forth demonstrating a legitimate reason for this switch in the vote tally.”
In addition, Senator Ligon [Lig-in] provided an expert demonstration proving that the
Dominion Systems can indeed be hacked and the votes manipulated in real time
because the devices are connected to the Internet.
Another letter from Representative Mark Finchem, Chairman of the Arizona House
Federal Relations Committee, attests that expert and eyewitness testimony in Arizona
indicates that “143,000 votes were artificially injected into the ballot total.”
It is no coincidence that in every one of these cases, all of this cheating and rule-
breaking worked to the benefit of Joe Biden, and to the detriment of our campaign.
There was an organized, coordinated, and systematic effort to steal this election
across all the critical states. In every swing state, the Democrat fraud, irregularities,
and illegal votes that | have just outlined vastly exceed the margin of difference and
are more than enough to flip the electoral votes to us if corrected.
Select Committee to Investigate the January 6th Attack on the United States Capitol FY
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1840
Page 95 Exhibit 52 - Page &
Every fact demonstrates a clear, definitive, and overwhelming Trump victory:
@ There are 19 counties that have correctly predicted the results of every single
presidential election in the modern era. Winning any one of these counties is a
powerful statistical indicator of having won the election--but we didn’t just win
a few, we won 18 out of 19.
@ Democrats were projected to GAIN 15 House seats--instead, with my coattails,
Republicans won 25 out of 26 tossup House races, and Democrats LOST seats.
e@ We won approximately 12 million more votes than in 2016, a record-breaking
increase for any president from the first election to the second.
@ We made historic gains among African Americans, Hispanic Americans, and
Asian Americans.
e Infact, we did better with African-American voters everywhere in the country
EXCEPT for a small handful of corrupt Democrat-run cities in key swing states--
such as Milwaukee, Detroit, Atlanta, and Philadelphia, where Joe Biden
supposedly outperformed Barack Obama.
There is virtually no one who believes that BIDEN, who barely even left his basement
to campaign, somehow got 12 million more votes than Obama.
In addition to all of the brazen cheating and theft | have described, we cannot ignore
that the election hoax was the culmination of four years of unceasing propaganda,
disinformation, and lies perpetrated by the Democrat Party and the media.
First there was the Russia Hoax--an attempted takedown of a sitting president of the
United States. Then there was the impeachment witch hunt. Then, there was the
relentless campaign to induce panic during the pandemic. Then there was the effort
to incite rioting, looting, arson, and violence in the street unless the Radical Left
Democrats were given their way, which was an open attack on Democracy. And
finally, there was the shameless effort to protect Joe Biden and get him elected by
any means necessary.
The media and Big Tech’s censorship of the truth about Joe Biden’s corruption is, by
itself, one of the greatest scandals in American history. The overwhelming majority of
Americans were prevented from learning that the Biden family took millions of dollars
from the Chinese Communist Party in a flagrant payoff. The American People
deserved to know BEFORE the election that Joe Biden is owned by China. The
unprecedented censorship of this information constituted a rigging of the election on
Select Committee to Investigate the January 6th Attack on the United States Capitol a
SUBJECT TO PROTECTIVE ORDER SCO-
GA 1841
Page 96 076P-R000006874_
Report of Prohibited Political Activity
OSC File No. HA-20-Page 10 of
using his official title or position while engaging in political activity, i.c., activity directed at the
success or failure of a candidate for partisan political office.7! What constitutes “political
activity” has been interpreted broadly by both judicial courts and the Merit Systems Protection
Board.
Case law makes it clear that political activity encompasses far more than just express
advocacy for the electoral success or failure of a candidate.** Political activity can include
comparing candidates’ records and positions,”* providing factual information for the purpose of
promoting a campaign,”’ or advancing a candidate’s campaign promise.” In Burrus v.
Vegliante, members of a federal employee union displayed in their workplace posters comparing
the positions and voting records of two candidates for president.** The posters did not explicitly
recommend that viewers support either candidate. Instead, the court found that the posters
merely “suggested that [one slate] held positions more favorable to the interests of postal
workers than the [other slate].”*” The Second Circuit rejected the idea that the poster was not
political activity, finding that while it “purported to present only factual information, the [union
did] not seriously dispute that it was intended to generate support for” a candidate.”*
Like the posters in Burrus, during his official media interviews [J repeatedly
compared President Trump’s economic and trade policies with those of presidential candidate
Biden. But, unlike the posters, did more than merely “suggest” that President
Trump’s policies were better for voters than Mr. Biden’s policies—he explicitly stated it while
arguing that a Biden presidency would be devastating to the U.S. economy. In addition, Jj
GE ficquently attacked Joe Biden as a presidential candidate, accusing him of kowtowing to
China and being compromised, even nicknaming him “Beijing Biden.” J also
disparaged vice-presidential candidate Kamala Harris, calling her a mouthpiece who cannot be
taken seriously. His campaign rhetoric was intended to harm Mr. Biden’s presidential candidacy
and encourage viewers not to vote for him in the 2020 election. By using his official platform as
a high-level White House official to engage in these partisan attacks, IJ violated the
Hatch Act’s prohibition against using his official authority or influence to affect an election.

1 See 5 C.F.R. §§ 734,302(b)(1), 734.101.
» See Burrus v. Vegliante, 336 F.3d 82, 84 (2d Cir. 2003) (concluding that the display of a poster comparing the
positions and voting records of two candidates for president constituted political activity even though it purported to
present only factual information); Special Counsel v. Malone, 84 M.S.P.R. 342, 363-65 (1999) (finding that an
employee violated the Hatch Act when he informed people doing business with his agency of an upcoming partisan
fundraiser because, even though he did not solicit attendance or a contribution, he “intended to promote the
fundraiser for political purposes”); Special Counsel v. DePaolo, MSPB Docket No. CB-1216-18-0016-T-1, at 11,
21-22 (Sept. 13, 2019) (holding that an employee violated the use of official authority prohibition when she
“tout[ed],” “advertised,” and “advanced [a candidate’s] campaign promise” while acting in the scope of her official
duties).
3 See Burrus, 336 F.3d at 84.
+4 See Malone, 84 M.S.P.R. at 363-65.
> See DePaolo, MSPB Docket No, CB-1216-18-0016-T-1, at 21-22.
6 Burrus v. Vegliante, 247 F. Supp.2d 372, 373 (S.D.N.Y. 2003), rev'd, Burrus v. Vegliante, 336 F.3d 82 (2d Cir.
2003).
27 Td. at 374.
°8 336 F.3d at 84.
SUBJECT TO PROTECTIVE ORDER SCO-GA 1862
Page 97 076P-R000006874_
Report of Prohibited Political Activity
OSC File No. HA-20-Page 11 of
The White House Counsel’s Office has asserted, on i behalf,”? that he did
not violate the Hatch Act. It argued that a government official does not violate the Hatch Act by
making “factual and policy-based statements” and that such statements do not “constitute
advocacy for or against a candidate.” The White House Counsel’s Office further argued that IJ
statements about Joe Biden and his “kowtowing to the Chinese” were the kind of
factual, policy-based statements acceptable for him to make in his official capacity.
These arguments, however, are contrary to the law. The White House Counsel’s Office
provided no basis for its assertion that making factual and policy-based statements could not
violate the Hatch Act, and OSC is unaware of any authority supporting such a rule. And as
detailed above, express advocacy for or against a candidate is not required to find that an
employee engaged in political activity. A federal employee acting in his official capacity
violates the Hatch Act when, as here, he makes statements intended to encourage others to vote
for or against a candidate for partisan political office or otherwise promotes or disparages that
candidate’s campaign. J violated the Hatch Act because he engaged in that very
activity.
E. ED violated the Hatch Act’s prohibition against using his official
authority or influence for the purpose of affecting the result of an election by
disparaging 2020 presidential candidate Joe Biden on his Twitter account,




Until October 5, 2020, Twitter account, created in March 2020, was
30 The account identified him as, “Assistant to the @POTUS for Trade &
Manufacturing Policy” and linked to the official White House website. He tweeted about issues
related to his official position—manufacturing, the economy, and trade—and about the
Administration’s response to the coronavirus. The official White House Twitter account,
“@WhitcHouse,” tweeted at “@ to highlight, for example,
official media interviews.*! Because used the ‘ Twitter account
for official purposes, the Hatch Act prohibited him from also using that account to engage in
political activity.*?
‘



But in the relatively short time had this Twitter account, he repeatedly used
it to attack presidential candidate Joe Biden.’’ For example, on August 23, 2020, he included a
link to the Sunday Morning Futures interview detailed above and wrote, “Biden a ‘Nice Guy?’

9 As part of OSC’s investigation, after receiving a complaint concerning J May 26, 2020 interview, on
July 21, 2020, OSC sent him a letter asking a series of questions about the interview, including the meaning and
purpose of his statements about presidential candidate Biden. While [J did not respond to this letter, an
attorney from the White House Counsel’s Office replied on September 4, 2020.
*° Several administration officials have similar official Twitter accounts, bearing their name and the number 45. See
e.g., “(@Scavino45,” “@MarcShort45,” “@StephGrisham45,” “@JaRonSmith45.” The White House Counsel’s
Office told OSC, though, that account was not created or managed by the White House.
>! This occurred on several occasions, including on July 28-29, August 6, and September 22, 2020.
* See OSC’s February 2018 “Hatch Act Guidance on Social Media,” pg. 7, available at:
httos://osc.cov/Documents/Hatch*a?0Act/Advisary?4200pinions/F ederal/Sociala20 j i if,
* The tweets discussed here are just a sampling of the many political messages [J posted on his account,


SUBJECT TO PROTECTIVE ORDER SCO-GA 1863
Page 98 076P-R000006874_
Report of Prohibited Political Activity
OSC File No. HA-20-
Page 13 of
training, which includes training on the Hatch Act. And five of the interviews discussed above
occurred after OSC sent its July 21, 2020 letter to putting him on notice of the
allegations OSC was investigating. Yet continued to violate the Hatch Act by
attacking Democratic presidential candidate Joe Biden during official interviews despite
knowing that OSC was investigating him for engaging in that very activity.
In passing the Hatch Act, Congress intended to promote public confidence in the
executive branch by ensuring the federal government is working for all Americans without
regard to their political views.*° Thus, while the Hatch Act allows federal employees to express
their views about candidates as private citizens, it restricts employees from using their official
government positions for partisan political purposes, including by trying to influence elections.
attempt to influence voters in the 2020 presidential election, while speaking as a
representative of their government, is just what the Hatch Act is intended to prevent.


The U.S. Constitution confers on the president authority to appoint senior officers of the
United States, such as Considering that constitutional authority, the proper course
of action, in the case of violations of the Hatch Act by such officers, is to refer the violations to
the president. Accordingly, OSC hereby submits this Report of Prohibited Political Activity to
the president for appropriate disciplinary action.**


35 See Civil Serv. Comm'n v. Nat’l Ass’n of Letter Carriers, 413 U.S. 548, 565 (1973) (upholding the
constitutionality of the Hatch Act and noting that “it is not only important that the Government and its employees in
fact avoid practicing political justice, but it is also critical that they appear to the public to be avoiding it, if
confidence in the system of representative Government is not to be eroded to a disastrous extent”).
*6 See 5 U.S.C. 1215(b).
SUBJECT TO PROTECTIVE ORDER SCO-GA 1865
Page 99 SEALED

GA 1866
Page 100 SEALED

GA 1869
Page 101 SEALED

GA 1870
Page 102 SEALED

GA 1871
Page 103 SEALED
GA 1872
Page 104 SEALED
GA 1873
Page 105 SEALED
GA 1874
Page 106 SEALED
GA 1875
Page 107 SEALED
GA 1876
Page 108 SEALED
GA 1877
Space
Issues Laws Cases Pro Articles Firms Entities
Issues Laws Cases Pro Articles Firms Entities
 

Non-Government Works Copyright © 2001-2024 Think Computer Corporation. All Rights Reserved.

About   Privacy   Security   Contact Us

PlainSite
Sign Up
Need Password Help?