Select Committee to Investigate the January 6th Attack

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Part 4 of 4

166. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Jason Miller, (Feb. 3, 2022), pp. 117, 133.

167. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Mark Meadows Production), MM007666, MM007669 (November 12, 2020, email and attachment from Jason Miller to Mark Meadows transmitting abridged and full internal Trump Campaign memo); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Mark Meadows Production), MM011902, MM011974 (Nov. 12 and 13, 2020 text messages from Jason Miller to Mark Meadows discussing the investigation into Dominion and the lack of evidence of foreign interference).

168. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kayleigh McEnany, (Jan. 12, 2022), pp. 143, 291.

169. Donald J. Trump (@realDonaldTrump), Twitter, Nov. 16, 2020 8:22 a.m. ET, available at https://www.thetrumparchive.com/?result ... y+china%22 (archived); Donald J. Trump (@realDonaldTrump), Twitter, Nov. 16, 2020 8:26 a.m. ET, available at http://web.archive.org/web/202011161327 ... naldtrump/ status/1328328547598000130 (archived).

170. “Joint Statement from Elections Infrastructure Government Coordinating Council & the Election Infrastructure Sector Coordinating Executive Committees,” Department of Homeland Security's Cybersecurity & Infrastructure Security Agency, (Nov. 12, 2020), available at https://www.cisa.gov/news/2020/11/12/jo ... overnment- coordinating-council-election.

171. Mark Bowden and Matthew Teague, “How a County Clerk in Michigan Found Herself at the Center of Trump’s Attempt to Overthrow the Election,” Time, (Dec. 15, 2021), available at https://time.com/6128812/the-steal-antr ... michigan/; Emma Brown, Aaron C. Davis, Jon Swaine, and Josh Dawsey, “The Making of a Myth,” Washington Post, (May 9, 2021), available at https://www.washingtonpost.com/investig ... tive/2021/ trump-election-fraud-texas-businessman-ramsland-asog/.

172. Steven Nelson, “Michigan Republicans Claim Software Issue Undercounted Trump Votes,” New York Post, (Nov. 6, 2020), available at https://nypost.com/2020/11/06/michigan-gopclaims- software-issue-undercounted-trump-votes/.

173. “Isolated User Error in Antrim County Does Not Affect Election Results, Has No Impact on Other Counties or States,” Michigan Secretary of State, (Nov. 7, 2020), available at https:// www.michigan.gov/-/media/Project/Websit ... k.pdf?rev= 7a929e4d262e4532bbe574a3b82ddbcf; “Hand Audit of All Presidential Election Votes in Antrim County Confirms Previously Certified Results, Voting Machines Were Accurate,” Michigan Secretary of State, (Dec. 17, 2020), available at https://www.michigan.gov/sos/ resources/news/2020/12/17/hand-audit-of-all-presidential-election-votes-in-antrimcounty- confirms-previously-certified-result; J. Alex Halderman, Analysis of the Antrim County, Michigan November 2020 Election Incident, (Mar. 26, 2021), pp. 17-27, available at https://www.michigan.gov/-/media/Projec ... m.pdf?rev= fbfe881cdc0043a9bb80b783d1bb5fe9; Michigan Senate Oversight Committee, Report on the November 2020 Election in Michigan, (June 23, 2021), pp. 14-19, 36-55, available at https:// misenategopcdn.s3.us-east-1.amazonaws.com/99/doccuments/20210623/ SMPO_2020ElectionReport_2.pdf.

174. Michigan Senate Oversight Committee, Report on the November 2020 Election in Michigan, (June 23, 2021), pp. 14-15, available at https://misenategopcdn.s3.us-east- 1.amazonaws.com/99/doccuments/20210623/SMPO_2020ElectionReport_2.pdf.

175. “Isolated User Error in Antrim County Does Not Affect Election Results, Has No Impact on Other Counties or States,” Michigan Secretary of State website, (Nov. 7, 2020), available at https://www.michigan.gov/-/media/Projec ... /30lawens/ Antrim_Fact_Check.pdf?rev=7a929e4d262e4532bbe574a3b82ddbcf.

176. Michigan Senate Oversight Committee, Report on the November 2020 Election in Michigan, (June 23, 2021), pp. 14-19, available at https://misenategopcdn.s3.us-east- 1.amazonaws.com/99/doccuments/20210623/SMPO_2020ElectionReport_2.pdf.

177. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000010292_0001 (November 12, 2020, email from Tim Walberg to Molly Michel re: Additional Presidential Phone call follow up).

178. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf, (Jan. 21, 2022), pp. 70-74; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Department of Homeland Security Production), CTRL0000033284, (Nov. 13, 2020, email from Molly Michael to Chad Wolf titled “Re: Michigan Letter”).

179. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf, (Jan. 21, 2022), pp. 72-74; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Department of Homeland Security Production), CTRL0000033284, (Nov. 13, 2020, email from Molly Michael to Chad Wolf titled “Re: Michigan Letter”); Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf, (Jan. 21, 2022), Exhibit 44, CTRL0000926977 (Nov. 13, 2020 letter to Michigan Secretary of State Jocelyn Benson from Michigan State Senators Lana Theis and Tom Barrett).

180. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf, (Jan. 21, 2022), pp. 74-77 Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf (Jan. 21, 2022), Exhibit 45, CTRL0000926978, (Nov. 16, 2020 email from Christopher Krebs responding to Chad Wolf, Matthew Travis, and Brandon Wales entitled “RE: Allegations”).

181. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf, (Jan. 21, 2022), pp. 74-77; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf (Jan. 21, 2022), Exhibit 45, CTRL0000926978, (Nov. 16, 2020 email from Christopher Krebs to Chad Wolf, Matthew Travis, and Brandon Wales entitled “RE: Allegations”); “Isolated User Error in Antrim County Does Not Affect Election Results, Has No Impact on Other Counties or States,” Michigan Secretary of State, (Nov. 7, 2020), available at https:// www.michigan.gov/-/media/Project/Websit ... k.pdf?rev= 7a929e4d262e4532bbe574a3b82ddbcf.

182. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf, (Jan. 21, 2022), pp. 78-80. Even as the acting Secretary of DHS was providing Meadows information he received from his Director of CISA debunking the Dominion claims, the acting Assistant Secretary of DHS, Ken Cuccinelli, was providing back channel information to Meadows in a possible effort to promote the false Dominion claims. See Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), TEXT0000072, TEXT0000073, (Nov. 12, 2020 text messages from Ken Cuccinelli to Mark Meadows) (Cuccinelli: “I have the dominion list of everywhere the machines are deployed that we know of. [I]t is pretty extensive. It is in my DHS email account. Where do you want me to send it?” Meadows then provided Cuccinelli with his personal email address.)

183. Chris Krebs #Protect2020 (@CISAKrebs), Twitter, Nov. 17, 2020 11:45 a.m. ET, available at https://twitter.com/CISAKrebs/status/13 ... 6624901120.

184. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000010360_0001, 076PR000010361_ 0001, (November 17, 2020 email and attached letter to Christopher Krebs from White House Office of Presidential Personnel, stating respectively that “the President has terminated your appointment” and that “Pursuant to the direction of the President, your appointment… is hereby terminated, effective immediately”).

185. Donald J. Trump (@realDonaldTrump), Twitter, Nov. 17, 2020 7:07 p.m. ET, available at http://web.archive.org/web/202011180405 ... mp/status/ 1328852352787484677 (archived); Donald J. Trump (@realDonaldTrump), Twitter, Nov. 17, 2020 7:07 p.m. ET, available at http://web.archive.org/web/20201118040930/https:// twitter.com/realDonaldTrump/status/1328852354049957888 (archived).

186. “Rudy Giuliani Trump Campaign Press Conference Transcript November 19: Election Fraud Claims,” Rev, (Nov. 19, 2020), available at https://www.rev.com/blog/transcripts/rudygiuliani- trump-campaign-press-conference-transcript-november-19-election-fraud-claims.

187. “Rudy Giuliani Trump Campaign Press Conference Transcript November 19: Election Fraud Claims,” Rev, (Nov. 19, 2020), available at https://www.rev.com/blog/transcripts/rudygiuliani- trump-campaign-press-conference-transcript-november-19-election-fraud-claims.

188. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Hope Hicks, (Oct. 25, 2022), pp. 88-91. See also Tucker Carlson: “Time for Sidney Powell to Show Us Her Evidence: We Asked the Trump Campaign Attorney for Proof of her Bombshell Claims. She Gave Us Nothing,” Fox News, (Nov. 19, 2020), available at https://www.foxnews.com/opinion/tucker- ... ctionfraud.

189. Jenna Ellis (@JennaEllisEsq), Twitter, Nov. 22, 2020, 5:23 p.m. ET, available at https:// twitter.com/JennaEllisEsq/status/1330638034619035655.

190. Donald J. Trump, (@realDonaldTrump), Twitter, Nov. 19, 2020 12:41 a.m. ET and 3:47 p.m. ET, available at https://www.thetrumparchive.com/?search ... n-izing%22 (archived).

191. One America News Network, “Cyber Analyst on Dominion Voting: Shocking Vulnerabilities,” YouTube, at 0:41-1:14, 1:37-2:23, 2:42-3:36, Nov. 15, 2020, available at https:// www.youtube.com/watch?v=eKcPoCNW8AA.

192. Ron Watkins, (@codemonkeyz), Twitter, Nov. 19, 2020 12:45 a.m. ET, available at http:// web.archive.org/web/20201121092200/https://twitter.com/CodeMonkeyZ/status/ 1329299640848584710 (archived); Ron Watkins, (@codemonkeyz), Twitter, Nov. 19, 2020 12:46 a.m. ET, available at http://web.archive.org/web/202012011754 ... itter.com/ CodeMonkeyZ/status/1329300069623820289 (archived); Donald J. Trump, Twitter, Nov. 21, 2020 11:30 p.m. ET, Nov. 21, 2020, 11:31 p.m. ET, Nov. 21, 2020, 11:32 p.m. ET, Nov. 22, 2020, 3:35 p.m. ET, available at https://www.thetrumparchive.com/?search ... inionizing% 22&dates=%5B%222020-11-20%22%2C%222020-11-24%22%5D (archived).

193. Barr met with President Trump between election day and January 6th on November 23, December 1, and December 14. See Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 16, 22, 28.

194. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 25, 27, 50; William Barr, One Damn Thing After Another: Memoirs of an Attorney General, (New York: HarperCollins, 2022), at pp. 539, 554.

195. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), p. 19.

196. Factba.se, “Interview: Maria Bartiromo Interviews Donald Trump on Fox News - November 29, 2020,” Vimeo, Nov. 29, 2020, at. 1:00-1:43, 3:23-4:36, available at https://vimeo.com/ 485180163.

197. Factba.se, “Interview: Maria Bartiromo Interviews Donald Trump on Fox News - November 29, 2020,” Vimeo, at 1:00-1:43, Nov. 29, 2020, available at https://vimeo.com/485180163.

198. Factba.se, “Interview: Maria Bartiromo Interviews Donald Trump on Fox News - November 29, 2020,” Vimeo, at 1:50-2:40, Nov. 29, 2020, available at https://vimeo.com/485180163.

199. Factba.se, “Interview: Maria Bartiromo Interviews Donald Trump on Fox News - November 29, 2020,” Vimeo, at 3:50-4:24, 22:40-23:52, 24:26-24:50, Nov. 29, 2020, available at https:// vimeo.com/485180163.

200. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 22, 25-26.

201. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 22, 25-26.

202. “Donald Trump Speech on Election Fraud Claims Transcript December 2,” Rev, (Dec. 2, 2020), available at https://www.rev.com/blog/transcripts/do ... nelection- fraud-claims-transcript-december-2.

203. King v. Whitmer, 505 F. Supp. 3d 720, 738 (E.D. Mich. 2020)

204. Bowyer v. Ducey, 506 F. Supp. 3d 699, 723 (D. Ariz. 2020) (finding the complaint “void of plausible allegations that Dominion voting machines were hacked or compromised in Arizona during the 2020 General Election”).

205. “Isolated User Error in Antrim County Does Not Affect Election Results, Has No Impact on Other Counties or States,” Michigan Secretary of State, (Nov. 7, 2020), available at https:// www.michigan.gov/-/media/Project/Websit ... k.pdf?rev= 7a929e4d262e4532bbe574a3b82ddbcf.

206. Decision and Order Granting Plaintiff's Motion for an Ex Parte Temporary Restraining Order, Show Cause Order and Preliminary Injunction, No. 2020009238CZ (Mich. Cty. Cir. Ct. Dec. 4, 2020).

207. Rudy W. Giuliani (@RudyGiuliani), Twitter, Dec. 4, 2020 7:12 p.m. ET, available at https:// twitter.com/RudyGiuliani/status/1335014224532221952?s=20&t=20AZkk4gS2DeBo6q6QR-mw; Ronn Blitzer, “Trump Legal Team Celebrates after Michigan Judge Allows Probe of Dominion Voting Machines,” Fox News, (Dec. 6, 2020), available at https://www.foxnews.com/ politics/trump-legal-team-michigan-antrim-county-judge-order-dominion-machines; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Bernard Kerik, (Jan. 13, 2022), pp. 19, 147.

208. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000001368_00001, pp. 1, 6 (Allied Security Operations Group Antrim Michigan Forensics Report, dated Dec. 13, 2020).

209. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R00001254_00001 (December 14, 2020, email from Joanna Miller to Peter Navarro attaching the ASOG Report and noting that "POTUS and VPOTUS are briefed").

210. See, e.g., Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HouseSelect-Jan6- PartII-01132022-000798(December 14, 2020, email from Molly Michael re: From POTUS asking the AG to look at ASOG report); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076PR000001337_ 00001(December 14, 2020, email from Molly Michael to Acting Attorney General Jeffrey Rosen re: From POTUS attaching ASOG report); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000001367_00001(December 14, 2020, email from Molly Michael to Michigan Senate Majority Leader Mike Shirkey re: From POTUS attaching ASOG report); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production) 076P-R000001361_00001(December 14, 2020, email from Molly Michael to Senator Kelly Loeffler re: From POTUS attaching ASOG report); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076PR000001358_ 00001(December 14, 2020, email from Molly Michael to Arizona Governor Doug Ducey re: From POTUS attaching ASOG report); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000001370_00001 (December 14, 2020, email from Molly Michael to Republican Party Chairwoman Ronna McDaniel re: From POTUS attaching ASOG report); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (National Archives Production), 076P-R000001378_00001 (December 14, 2020, email from Molly Michael to Pennsylvania State Senator Doug Mastriano re: From POTUS attaching ASOG report).

211. Donald J. Trump (@realDonaldTrump), Twitter, Dec. 14, 2020 2:59 p.m. ET, available at http://web.archive.org/web/202012142144 ... mp/status/ 1338574268154646528 (archived).

212. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 28-29.

213. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), p. 29.

214. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 29-30.

215. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 29-30.

216. See, e.g., Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 29-30.

217. See Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Homeland Security Production) CTRL0000915111, CTRL0000915117-CTRL0000915118 (draft analyses of ASOG report). Notably, the final version of this review, which had been requested by the Attorney General, was edited by senior DHS officials to remove the language most critical of ASOG before being sent to the Department of Justice by Acting Assistant Secretary Ken Cuccinelli. See Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Homeland Security Production) CTRL0000915120 (emails circulating draft analyses), CTRL0000926941 (noting report was “currently in the Secretary’s office”); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production) HCOR-Pre-CertificationEvents- 07262021-000687-HCOR-Pre-CertificationEvents-07262021-000688 (email and report provided to Donoghue by Cuccinelli); Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 29-31.

218. See Michigan Senate Oversight Committee, Report on the November 2020 Election in Michigan, (June 23, 2021), p. 16, available at https://misenategopcdn.s3.us-east- 1.amazonaws.com/99/doccuments/20210623/SMPO_2020ElectionReport_2.pdf; J. Alex Halderman, Analysis of the Antrim County, Michigan November 2020 Election Incident,” (Mar. 26, 2021), available at https://www.michigan.gov//media/Project/Websites/sos/ 30lawens/Antrim.pdf?rev=fbfe881cdc0043a9bb80b783d1bb5fe9.

219. For example, President Trump and others frequently cited ASOG’s finding that the Dominion machines had a “68% error rate,” but that conclusion was based on a complete misunderstanding of the scanner log files reviewed by ASOG. Their report also claimed that, due to these perceived “errors,” a “staggering number of votes” were determined through an adjudication process that allowed for manipulation of votes, but no adjudication software was installed on the Dominion machines. J. Alex Halderman, Analysis of the Antrim County, Michigan November 2020 Election Incident, (Mar. 26, 2021), pp. 40-41, available at https:// www.michigan.gov/-/media/Project/Websit ... m.pdf?rev= fbfe881cdc0043a9bb80b783d1bb5fe9.

220. Halderman concluded that “I am not aware of any credible evidence that any security problem was ever exploited against Antrim County's election system. As my analysis shows, the anomalies that occurred in the November 2020 results are fully explained by human error.” J. Alex Halderman, Analysis of the Antrim County, Michigan November 2020 Election Incident, (Mar. 26, 2021), p. 46, available at https://www.michigan.gov/-/media/ Project/Websites/sos/30lawens/Antrim.pdf?rev=fbfe881cdc0043a9bb80b783d1bb5fe9.

221. "Audits of the November 3, 2020 General Election," Michigan Secretary of State, (April 21, 2021), p. 32, available at https://www.michigan.gov/-/media/Project/Websites/sos/ 30lawens/BOE_2020_Post_Election_Audit_Report_04_21_21.pdf?rev= a3c7ee8c06984864870c540a266177f2.; “Hand Count Calculation Sheet (Office: President of the United States, County: Antrim),” Michigan Secretary of State, available at https:// www.michigan.gov/-/media/Project/Websites/sos/30lawens/ AntrimCounty_Presidential_Race_Full_Hand_Count_November2020.pdf?rev= 0bf12f08c33444c59bd145fbcfbb3e40.

222. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Bernard Kerik, (Jan. 13, 2022), p. 182.

223. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6th.

224. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Derek Lyons, (Mar. 17, 2022), pp. 21-22, 99; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Pasquale Anthony “Pat” Cipollone, (Jul. 8, 2022), pp. 44-50.

225. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Pasquale Anthony “Pat” Cipollone, (Jul. 8, 2022), pp. 42-43.

226. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Pasquale Anthony “Pat” Cipollone, (Jul. 8, 2022), p. 50.

227. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Eric Herschmann, (Apr. 6, 2022), p. 129.

228. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Robert O'Brien, (Aug. 23, 2022), pp. 163-65.

229. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Chad Wolf, (Jan. 21, 2022), pp. 97-98, 102-103; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Ken Cuccinelli, (Dec. 7, 2021), pp. 49-54.

230. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Rudolph Giuliani (May 20, 2022), pp. 157-59; Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Sidney Powell, (May 7, 2022), pp. 102-03; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Jenna Ellis Production), J.007465Ellis, J.007467Ellis (December 28-29, 2020, emails with Katherine Freiss, Doug Mastriano, Christina Bobb, Giuliani, and others about accessing voting machines); Emma Brown and Jon Swaine, “Inside the Secretive Effort by Trump Allies to Access Voting Machines,” Washington Post, (Oct. 28, 2022), available at https://www.washingtonpost.com/investig ... feecounty- georgia-voting-trump/.

231. Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript);Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ptgeorgia- vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html.

232. Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ptgeorgia- vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html.

233. “Donald Trump Rally Speech Transcript Dalton, Georgia: Senate Runoff Election,” Rev, (Jan. 4, 2021), available at https://www.rev.com/blog/transcripts/do ... ranscript- dalton-georgia-senate-runoff-election.

234. “Donald Trump Rally Speech Transcript Dalton, Georgia: Senate Runoff Election,” Rev, (Jan. 4, 2021), available at https://www.rev.com/blog/transcripts/do ... ranscript- dalton-georgia-senate-runoff-election.

235. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Rudolph Giuliani, (May 20, 2022), p. 111.

236. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Rudolph Giuliani, (May 20, 2022), p. 166.

237. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Bernard Kerik (Jan. 13, 2022), p. 182. Kerik also emailed President Trump’s chief of staff, Mark Meadows, on December 28, 2020, writing: “We can do all the investigations we want later, but if the president plans on winning, it’s the legislators that have to be moved, and this will do just that.” Document on file with the Select Committee (National Archives Production) 076P-R000004125_0001.

238. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Christina Bobb, (Apr. 21, 2022), p. 46.

239. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Sidney Powell, (May 7, 2022), pp. 89-96.

240. Defendant’s Motion to Dismiss at 27-28, U.S. Dominion, Inc. v. Powell, No. 1:21-cv-00040 (D.D.C. filed Mar. 22, 2021), ECF No. 22-2.

241. Justin Gray, “Georgia Election Officials Show Frame-by-Frame What Happened in Fulton Surveillance Video,” WSB-TV, (Dec. 4, 2020), https://www.wsbtv.com/news/politics/georgiaelection- officials-show-frame-by-frame-what-really-happened-fulton-surveillance-video/

242. 11Alive, “Second Georgia Senate election hearing,” YouTube, at 5:31:50-5:32:45, Dec. 3, 2020, available at https://www.youtube.com/watch?v=hRCXUNOwOjw.

243. See, e.g., Donald J. Trump, (@realDonaldtrump), Twitter, Dec. 14, 2020 8:57 a.m. ET, available at http://web.archive.org/web/202012171817 ... naldTrump/ status/1338483200046354434; Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ensperger- call-transcript-georgia-vote/2021/01/03/2768e0cc-4ddd-11eb-83e3- 322644d82356_story.html.

244. Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ptgeorgia- vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html.

245. Ryan Taylor, “Donald Trump Georgia Rally Transcript Before Senate Runoff Elections December 5,” Rev, (Dec. 5, 2020), available at https://www.rev.com/blog/transcripts/ donald-trump-georgia-rally-transcript-before-senate-runoff-elections-december-5.

246. “Donald Trump Vlog: Contesting Election Results—December 22, 2020,” Factba.se, (Dec. 22, 2020), at 9:11 – 9:31, available at https://factba.se/transcript/donald-tru ... ontesting- election-results-december-22-2020.

247. Ryan Taylor, “Donald Trump Georgia Phone Call Transcript with Sec. of State Brad Raffensperger: Says He Wants to ‘Find’ Votes,” Rev, (Jan. 4, 2021), available at https:// www.rev.com/blog/transcripts/donald-tru ... ensperger- recording.

248. U.S. Senate Committee on the Judiciary, Transcribed Interview of Jeffrey Rosen, (Aug. 7, 2021), pp. 30-31, available at https://www.judiciary.senate.gov/imo/media/doc/ Rosen%20Transcript.pdf.

249. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 42-43.

250. Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ptgeorgia- vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html.

251. Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ptgeorgia- vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html.

252. Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ptgeorgia- vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html.

253. Declaration of Frances Watson at 1-3, Pearson v. Kemp, 831 F. App'x. 467 (N.D. Ga. 2020) (No. 1:20-cv-04809), ECF No. 72-1.

254. Declaration of Frances Watson at 1-3, Pearson v. Kemp, 831 F. App'x. 467 (N.D. Ga. 2020) (No. 1:20-cv-04809), ECF No. 72-1.

255. U.S. Senate Judiciary Committee, Transcribed Interview of Byung J. “BJay” Pak, (Aug. 11, 2021), pp. 14-25, available at https://www.judiciary.senate.gov/imo/media/doc/ Pak%20Transcript.pdf; Response of the Georgia Secretary of State to the Court's Order of September 20, 2021 at 4-6, Favorito v. Wan, No. 2020CV343938 (Ga. Super. Ct. filed Oct. 12, 2021).

256. “Georgia Election Officials Briefing Transcript December 7: Will Recertify Election Results Today,” Rev, (December 7, 2020), available at https://www.rev.com/blog/transcripts/ georgia-election-officials-briefing-transcript-december-7-will-recertify-election-resultstoday; Response of the Georgia Secretary of State to the Court's Order of September 20, 2021 at 4-6, Favorito v. Wan, No. 2020CV343938 (Ga. Super. Ct. filed Oct. 12, 2021).

257. “Georgia Election Officials Briefing Transcript December 7: Will Recertify Election Results Today,” Rev, (December 7, 2020), available at https://www.rev.com/blog/transcripts/ georgia-election-officials-briefing-transcript-december-7-will-recertify-election-resultstoday; Response of the Georgia Secretary of State to the Court's Order of September 20, 2021, at 4-6 and Exhibit A: Videotaped Deposition of James P. Callaway (Deputy Chief Investigator of the Office of the Secretary of State) at 29-35, Favorito v. Wan, No. 2020CV343938 (Ga. Super. Ct. filed Oct. 12, 2021) available at, https://s3.documentcloud.org/documents/ 21084096/favorito-sos-brief-in-response-to-order-of-92021-with-exs-a-and-b.pdf.

258. Declaration of Frances Watson at 2-3, Pearson v. Kemp, 831 F. App'x. 467 (N.D. Ga. 2020) (No. 1:20-cv-04809), ECF No. 72-1; U.S. Senate Judiciary Committee, Transcribed Interview of Byung J. “BJay” Pak, (August 11, 2021), pp. 14-25, available at https:// www.judiciary.senate.gov/imo/media/doc/ ... script.pdf.

259. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (National Archives Production), 076P-R000004670_0001-0013, 076PR000004888_ 0001-0013, 076P-R000004948_0001-0013 (January 5, 2021, emails from Molly Michael re: “from POTUS” to Senators Josh Hawley and Ted Cruz and to Representative Jim Jordan attaching Background Briefing on 2020 Fraud).

260. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), available at https://apnews.com/article/election-202 ... mpcapitol- siege-media-e79eb5164613d6718e9f4502eb471f27.

261. In the Matter of Rudolph W. Giuliani, No. 2021-00506, slip op at *2, 22 (N.Y. App. Div. May 3, 2021), available at https://int.nyt.com/data/documenttools/ ... uspension/ 1ae5ad6007c0ebfa/full.pdf.

262. GA House Mobile Streaming, Governmental Affairs 12.10.20, Vimeo – Livestream, at 2:09:03 to - 2:13:10, available at https://livestream.com/accounts/2522547 ... s/9117221/ videos/214677184.

263. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 21, 2022), available at https://www.govinfo.gov/committee/house-january6th.

264. See John Danforth, Benjamin Ginsberg, Thomas B. Griffith, et al., “Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election,” (July 2022), p. 3, available at https://lostnotstolen.org/download/378/.

265. Opinion and Order at *6, 13, Costantino v. Detroit, No. 20-014780-AW (Mich. Cty. Cir. Ct. filed Nov. 13, 2020), available at https://electioncases.osu.edu/wp-conten ... s/2020/11/ Costantino-v-Detroit-Opinion-and-Order.pdf.

266. Complaint, Exhibit 2: Affidavit of Jesse Richard Morgan at 2, 10, Mecalfe v. Wolf, 2020 Pa. Commw. LEXIS 794 (Pa. Commw. Ct. 2020) (No. 636 MD 2020), available at https:// www.pacourts.us/Storage/media/pdfs/2021 ... -10836.pdf.

267. See, e.g., Donald J. Trump (@realdonaldtrump), Twitter, Dec. 1, 2020 2:31 p.m. ET, available at http://web.archive.org/web/202012020149 ... naldtrump/ status/1333856259662077954 (archived); Donald J. Trump (@realdonaldtrump), Twitter, Dec. 1, 2020 3:49 p.m. ET, available at http://web.archive.org/web/20201201221335/https:// twitter.com/realDonaldTrump/status/1333875814585282567 (archived); Donald J. Trump (@realdonaldtrump), Twitter, Dec 2, 2020 6:42 p.m. ET, available at http://web.archive.org/ web/20201203024425/https://twitter.com/realDonaldTrump/status/1334327204847775744 (archived).

268. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 60; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), pp. 45-46.

269. FOX News, “Sean Hannity,” Nov. 19, 2020, available at https://archive.org/details/ FOXNEWSW_20201120_060000_Hannity?start/1983.1.end/2077.5.

270. Brandon Waltens, “VIDEO: Wagons, Suitcases, and Coolers Roll into Detroit Voting Center at 4 AM [UPDATED],” Texas Scorecard, (Nov. 4, 2020), available at https://texasscorecard.com/ federal/video-wagons-suitcases-and-coolers-roll-into-detroit-voting-center-at-4-am/; “Rudy Giuliani Trump Campaign Press Conference Transcript November 19: Election Fraud Claims,” Rev, (Nov. 19, 2020), at 22:29-26:53, available at https://www.rev.com/blog/ transcripts/rudy-giuliani-trump-campaign-press-conference-transcript-november-19- election-fraud-claims.

271. Affidavit of Christopher Thomas ¶ 18, Texas v. Pennsylvania, 592 U.S. ____ (2020) (describing ballot delivery), available at https://www.supremecourt.gov/DocketPDF/22/22O155/ 163387/20201210145418055_22O155%20MI%20APP.pdf; see also Opinion and Order at *6, 13, Costantino v. Detroit, No. 20-014780-AW (Mich. Cty. Cir. Ct. filed Nov. 13, 2020), available at https://electioncases.osu.edu/wp-conten ... pinionand- Order.pdf (relying on Christopher Thomas’ affidavit to deny a petition for various relief related to allegations that the November 3, 2020 election in Michigan was fraudulent).

272. “How a WXYZ Wagon Sparked False Election Fraud Claims in Detroit,” WXYZ, (Nov. 5, 2020), available at https://www.wxyz.com/news/how-a-wxyz-wa ... audclaims- in-detroit.

273. “Election Summary Report,” City of Detroit, (Nov. 19, 2020), available at https:// detroitmi.gov/document/november-3-2020-general-election-official-results.

274. A canvassing process in every State verifies that the number of voters indicated as having voted matches the number of ballots cast. If, as claimed, tens of thousands of illegitimate ballots were counted at the TCF Center in Detroit, the total number of ballots counted would be substantially higher than the total number of voters who voted, but in Detroit slightly fewer ballots were counted than voters who were listed as having voted. The net number of ballots for the City of Detroit counting boards was 21 more names than ballots, out of approximately 174,000 absentee votes cast. Michigan Secretary of State, “Audits of the November 3, 2020 General Election,” (Apr. 21, 2021), p. 20, available at https:// www.michigan.gov/-/media/Project/Websites/sos/30lawens/ BOE_2020_Post_Election_Audit_Report_04_21_21.pdf?rev= a3c7ee8c06984864870c540a266177f2.

275. Approximately 4.2 million ballots were cast in-person on election day and 2.6 million mail and absentee ballots were cast. See “Pennsylvania's Election Stats,” Pennsylvania Department of State, (accessed Dec. 4, 2022), available at https://www.dos.pa.gov/ VotingElections/BEST/Pages/BEST-Election-Stats.aspx;“Official Returns – 2020 Presidential Election,” Pennsylvania Department of State, (accessed Dec. 4, 2022), available at https:// www.electionreturns.pa.gov/General/Summ ... ctionType= G&IsActive=0.

276. Donald J. Trump, (@realDonaldTrump), Twitter, Nov. 28, 2020 12:09 a.m. ET, available at http://web.archive.org/web/202011280809 ... mp/status/ 1332552283553476608 (archived), retweeting Senator Doug Mastriano (@SenMastriano), Twitter, Nov. 27, 2020, 1:59 p.m. ET, available at https://twitter.com/SenMastriano/status/ 1332398733401591808.

277. Jessica Calefati, “Fact-Checking False Claims about Pennsylvania's Presidential Election by Trump and His Allies,” Philadelphia Inquirer, (Dec. 7, 2020), available at https:// www.inquirer.com/politics/election/penn ... act-check- 20201206.html.

278. Donald J. Trump (@realDonaldTrump), Twitter, Dec. 28, 2020, 4:00 p.m. ET, available at http://web.archive.org/web/202012282113 ... mp/status/ 1343663159085834248 (archived); Donald J. Trump (@realDonaldTrump), Twitter, Dec. 29, 2020, 8:59 a.m. ET, available at http://web.archive.org/web/20201229205204/https:// twitter.com/realDonaldTrump/status/1343919651336712199 (archived); Donald J. Trump (@realDonaldTrump), Twitter, Dec. 29, 2020, 5:55 p.m. ET, available at http:// web.archive.org/web/20201229225512/https://twitter.com/realdonaldtrump/status/ 1344054358418345985. Note that timestamps in archived tweets may reflect a time zone different from that where the tweet originated.

279. See Pennsylvania House Republican Caucus, “PA Lawmakers: Numbers Don’t Add Up, Certification of Presidential Results Premature and In Error,” (Dec. 28, 2020), available at https://www.pahousegop.com/News/18754/L ... s-Numbers- Don%E2%80%99t-Add-Up,-Certification-of-Presidential-Results-Premature-and-In-Error. Representative Ryan also promoted the groundless claim of an unexplained discrepancy of 400,000 mail-in ballots in the state’s database, which was based entirely on his ignorance of the fact that the database in question accounts for mail-in ballots and absentee ballots separately. Senate Committee on Homeland Security & Governmental Affairs, Examining Irregularities in the 2020 Election, (Dec. 16, 2020), Written Testimony of Pennsylvania State Representative Frank Ryan, available at https://www.hsgac.senate.gov/imo/media/doc/ Testimony-Ryan-2020-12-16.pdf; Senate Committee on Homeland Security & Governmental Affairs, Examining Irregularities in the 2020 Election, (Dec. 16, 2020), Letter Submitted by Pennsylvania Secretary of the Commonwealth Kathy Boockvar, available at https:// www.dos.pa.gov/about-us/Documents/state ... hnson-and- Peters.pdf.

280. “Dept. of State: Republicans' Election Claims Are ‘Repeatedly Debunked Conspiracy Theories’,” WJAC-TV, (Dec. 29, 2020), available at https://wjactv.com/news/local/dept-of-staterepublicans- election-claims-are-repeatedly-debunked-conspiracy-theories.

281. Senate Committee on the Judiciary, Transcribed Interview of Richard Donoghue, (Aug. 6, 2021), p. 156, available at https://www.judiciary.senate.gov/imo/media/doc/ Donoghue%20Transcript.pdf.

282. See “Donald Trump Rally Speech Transcript Dalton, Georgia: Senate Runoff Election,” Rev, (Jan. 4, 2021), at 58:09, available at https://www.rev.com/blog/transcripts/donald-trumprally- speech-transcript-dalton-georgia-senate-runoff-election; “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press (January 13, 2021), available at https://apnews.com/article/election-202 ... 02eb471f27.

283. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of William Barr, (Jun. 2, 2022), p. 29; Affidavit of Russell James Ramsland, Jr., 556 F. Supp. 3d. 680, 724 (E.D. Mich. 2021), ECF 6-24, available at https:// www.courtlistener.com/docket/18693929/6 ... v-whitmer/. Ramsland submitted a similar affidavit in a case in Georgia. See Affidavit of Russell Ramsland, Wood v. Raffensperger, 501 F. Supp. 3d 1310 (N.D. Ga. 2020), ECF No. 7-1.

284. Affidavit of Russell Ramsland, Wood v. Raffensperger, 501 F. Supp. 3d 1310 (N.D. Ga. 2020), ECF No. 7-1.

285. Aaron Blake, “The Trump Campaign’s Much-Hyped Affidavit Features a Big, Glaring Error,” Washington Post, (Nov. 20, 2020), available at https://www.washingtonpost.com/politics/ 2020/11/20/trump-campaigns-much-hyped-affidavit-features-big-glaring-error/.

286. For example, Ramsland claimed 781.91% turnout in North Muskegon (actual turnout: 77.78%); 460.51% turnout in Zeeland Charter Township (actual turnout: 80.11%); and 139.29% turnout in Detroit (actual turnout: 50.88%). See King v. Whitmer, 556 F. Supp. 3d. 680, 724 (E.D. Mich. 2021); Michigan Senate Oversight Committee, Report on the November 2020 Election in Michigan, (June 23, 2021), available at https://misenategopcdn.s3.us-east- 1.amazonaws.com/99/doccuments/20210623/SMPO_2020ElectionReport_2.pdf.

287. See, e.g., “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), available athttps://apnews.com/article/election-2 ... naldtrump- capitol-siege-media-e79eb5164613d6718e9f4502eb471f27; “Donald Trump Speech on Election Fraud Claims Transcript December 2” Rev (Dec. 2, 2020), available at https:// www.rev.com/blog/transcripts/donald-tru ... tdecember- 2; Donald J. Trump (@realDonaldTrump), Twitter, Dec. 3, 2020, 4:11 p.m. ET, available at http://web.archive.org/web/202012032111 ... itter.com/ realdonaldtrump/status/1334606278388277253 (archived); “Trump Lawyers Rudy Giuliani & Jenna Ellis Testify Before Michigan House Oversight Committee: Full Transcript,” Rev, (Dec. 3, 2020), at 26:13, available at https://www.rev.com/blog/transcripts/tr ... ygiuliani- jenna-ellis-testify-before-michigan-house-oversight-committee-transcript; Affidavit of Mellissa A. Carone, King v. Whitmer, 505 F. Supp. 3d 720 (E.D. Mich. 2020), ECF No. 1-5, available at https://www.courtlistener.com/docket/18 ... v-whitmer/.

288. See, e.g., Opinion and Order at *3, 12-13, Costantino v. Detroit, No. 20-014780-AW (Mich. Cty. Cir. Ct. filed Nov. 13, 2020), available at https://electioncases.osu.edu/wp-content/ uploads/2020/11/Costantino-v-Detroit-Opinion-and-Order.pdf; Affidavit of Christopher Thomas ¶¶ 2-18, Texas v. Pennsylvania, 592 U.S. ____ (2020) (describing his experience and the process for tabulating votes), available at https://www.supremecourt.gov/DocketPDF/ 22/22O155/163387/20201210145418055_22O155%20MI%20APP.pdf.

289. See, e.g., “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press (January 13, 2021), available at https://apnews.com/article/election-202 ... dendonald- trump-capitol-siege-media-e79eb5164613d6718e9f4502eb471f27; Rudy Giuliani’s Common Sense, “I CAN’T SAY THIS On National Television | Rudy Giuliani | Ep. 98,” Rumble, at 13:10 – 13:25, Dec. 30, 2020, available at https://rumble.com/vex72l-i-cant-say-this-onnational- television-rudy-giuliani-ep.-98.html.

290. Right Side Broadcasting Network, “LIVE: Georgia House Hearing on Election Fraud, Brad Raffensperger to Participate 12/23/20,” YouTube, at 27:28, 43:02-43:28, Dec. 23, 2020, available at https://www.youtube.com/watch?v=R4cuakECmuA&t=2582s (Testimony of Ryan Germany, counsel to Georgia Secretary of State, before Georgia legislature stating: “The total number of underage people who voted is zero. We were able to look at everyone who voted and look at their birthdate in the voter registration system, and I think there was four people who requested a ballot before they turned 18, and they all turned 18 prior to November 3rd, which means they’re allowed to vote.”).

291. See, e.g. Bannon’s War Room, “Episode 980 – The Border Tipping Point … Peter Navarro on the Stolen Election and Desperation in Del Rio,” Rumble, May 27, 2021, available at https:// rumble.com/vhpam3-episode-980the-border-tipping-pointpeter-navarro-on-the-stolenelection- and.html; Bannon’s War Room, “Episode 979 – The HQ of the Runaway Train … Rachel Maddow’s Anna Karenina Moment,” Rumble, May 27, 2021, available at https:// rumble.com/vhp8yn-episode-979-the-hq-of-the-runaway-train-rachel-maddows-annakarenina- moment.html; Right Side Broadcasting Network, “LIVE: Arizona State Legislature Holds Public Hearing on 2020 Election,” YouTube, at 2:06:33-2:07:02, Nov. 30, 2020, available at https://www.youtube.com/watch?v=rri6flxaXww.

292. “Proof of Citizenship Requirements,” Arizona Secretary of State, (accessed Dec. 4, 2022), available at https://azsos.gov/elections/voting-elec ... quirements. In 2013, the Supreme Court struck down Arizona’s “evidence-of-citizenship” requirement as applied to federal elections. See Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. 1, 4, 19 (2013). Arizona law allows voters to register as “federal only” voters without proof of citizenship, but those voters must provide a driver’s license or Social Security Number, which is then checked by election officials against immigration records before the person is added to voter registration rolls. Daniel González, “Are Undocumented Immigrants Voting Illegally in Arizona?,” Arizona Republic, (Oct. 27, 2016), available at https:// www.azcentral.com/story/news/politics/e ... mmigrants- voting-illegally-arizona-donald-trump/91703916/.

293. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Mark Meadows Production), MM007288, (November 13, 2020, email from Bill Stepien to Mark Meadows, Justin Clark, and Jason Miller re: AZ Federal ID Voters); In the Matter of Rudolph W. Giuliani, No. 2021-00506, slip op at *23-25 (N.Y. App. Div. May 3, 2021), available at https://int.nyt.com/data/documenttools/ ... uspension/ 1ae5ad6007c0ebfa/full.pdf.

294. Brad Raffensperger, Integrity Counts (New York: Simon & Schuster, 2021), p. 191 (reproducing the call transcript); Amy Gardner and Paulina Firozi, “Here’s the Full Transcript and Audio of the Call Between Trump and Raffensperger,” Washington Post, (Jan. 5, 2021), available at https://www.washingtonpost.com/politics ... ptgeorgia- vote/2021/01/03/2768e0cc-4ddd-11eb-83e3-322644d82356_story.html.

295. For example, the President alleged in his January 6th speech that large numbers of ballots were cast on behalf of dead people not just in Georgia but also in Michigan, Nevada, and Pennsylvania. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press (January 13, 2021), https://apnews.com/article/election-202 ... naldtrump- capitol-siege-media-e79eb5164613d6718e9f4502eb471f27; See also Rudy Giuliani’s Common Sense, “I CAN’T SAY THIS On National Television | Rudy Giuliani | Ep. 98,” Rumble, at 15:10-15:46, (Dec. 30, 2020, reposted Mar. 22, 2021), available at https://rumble.com/ vex72l-i-cant-say-this-on-national-television-rudy-giuliani-ep.-98.html (making similar claims).

296. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Alex Cannon Production) AC-0013946, (November 12, 2020, email from Alex Cannon to Matt Wolking, Zach Parkinson, Tim Murtaugh, Ali Pardo, Matthew Morgan, and Andrew Clark titled “Re: dead voters”); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Tim Murtaugh Production) XXM-0009451 (November 8, 2020, email from Jason Miller to Zach Parkinson, Tim Murtaugh, and Matt Wolking re: PA Death Data stating that quality control checks will “significantly decrease[]” the number of “possible dead voters”), XXM-0009467 (November 8, 2020, email from Jason Miller to Zach Parkinson, Tim Murtaugh, and Matt Wolking re: GA Dead Voters), XXM-0009566 (November 9, 2020 email from Zach Parkinson to Jason Miller, Tim Murtaugh, and Matt Wolking re PA Death Data noting there “may be errors” with their data about people who were dead voters); Mark Niesse, “Alleged ‘Dead’ Georgia Voters Found Alive and Well after 2020 Election,” Atlanta Journal-Constitution, (Dec. 27, 2021), available at https://www.ajc.com/politics/alleged-de ... e-andwell- after-2020-election/DAL3VY7NFNHL5OREMHD7QECOCA/.

297. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (National Archives Production), TEXT0000198, (December 3, 2020, text message from Eric Herschmann to Mark Meadows).

298. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (National Archives Production), TEXT0000198-203, (December 3, 2020, text messages between Eric Herschmann and Mark Meadows).

299. Final Order at 5-6, Boland v. Raffensperger, No.2020CV343018 (Ga. Super. Ct. filed Dec. 14 2020), available at https://electioncases.osu.edu/wp-conten ... /Boland-v- Raffensperger-Order-Dismissing-Complaint.pdf.

300. The expert, Bryan Geels, based his claims on a comparison of public voter information to public death records. See Documents on file with the Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Christina Bobb Production), BOBB_CONG_00000683- 84, 692-93, 706-07 (Affidavit of Bryan Geels dated Dec. 1, 2020, in Trump v. Barron, a case filed by the Trump Campaign in a Georgia Superior Court in Fulton County). However, the records reviewed included only name and year of birth for each individual listed. Id. at ¶ 28. Based on this limited information, it was impossible for Geels (or anyone else) to conclude that the person with a particular name and birth year was the same person listed in public death records with that name and birth year. See id., at ¶ 50 (only the Secretary of State has the information to conduct a full analysis of this issue); see also Declaration of Charles Stewart III at 22, Trump v. Raffensperger, No. 2020CV33255 (Ga. Super. Ct. filed Dec. 14, 2020).

301. In Georgia, the Secretary of State found four cases where people voted in the names of deceased individuals. Mark Niesse, “Alleged ‘Dead’ Georgia Voters Found Alive and Well after 2020 Election,” Atlanta Journal-Constitution, (Dec. 27, 2021), available at https:// www.ajc.com/politics/alleged-dead-georg ... fter-2020- election/DAL3VY7NFNHL5OREMHD7QECOCA/; In Arizona, the Attorney General recently concluded its investigation into claims of supposed dead voters in the 2020 election and found only one instance in which a vote was cast on behalf of a person who died prior to the election. Mark Brnovich, Arizona Attorney General to The Honorable Karen Fann, Arizona Senate President, (Aug. 1, 2022), available at https://www.azag.gov/sites/default/ files/2022-08/Letter%20to%20Fann%20-%20EIU%20Update%20080122.pdf. In Michigan, the Senate Oversight Committee found only two instances in which votes were cast in the names of dead people: one was a clerical error (poll worker attributed vote to deceased father of person with same name residing at same address) and the other was a woman who died four days before the election but had sent in her absentee ballot before her death. Michigan Senate Oversight Committee, Report on the November 2020 Election in Michigan, (June 23, 2021), available at https://misenategopcdn.s3.us-east- 1.amazonaws.com/99/doccuments/20210623/SMPO_2020ElectionReport_2.pdf.

302. In an email obtained by the Select Committee, Katherine Friess, a lawyer who worked closely with Giuliani, shared this information with Giuliani and noted, “I don’t think this makes a particularly strong case.” Documents on file with the Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Christina Bobb Production), BOBB- _CONG_00000621 (January 4, 2021, email from Katherine Friess re: Chairman Graham dead votes memo for your consideration).

303. Documents on file with the Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Cleta Mitchell Production), CM00026036 (January 5, 2021 email from Cleta Mitchell to Richard Perry re: GA Data request by Senator Graham); Documents on file with the Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Christina Bobb Production), BOBB_CONG_00000621 (January 4, 2021, email from Katherine Friess re: Chairman Graham dead votes memo for your consideration); Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Christina Bobb, (Apr. 21, 2022), pp. 141-42.

304. Documents on file with the Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Christina Bobb Production), BOBB_CONG_00000621 (January 4, 2021, email from Katherine Friess re: Chairman Graham dead votes memo for your consideration).

305. ABC News, “Lindsey Graham Delivers Remarks on Capitol Breach,” YouTube, at 3:05-3:30, Jan. 6, 2021, available at https://www.youtube.com/watch?v=JKHkYlRm_XM.

306. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Chapman University Production), Chapman060742, (Dec. 31, 2020 email from John Eastman to Alex Kaufman and Kurth Hibert); see also Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (National Archives Production), 076P-R000008384_0001 (December 31, 2020, email from Eric Herschmann to Cleta Mitchell and cc’ed to Mark Meadows and Molly Michael in which Herschmann wrote: “I was concerned about the President signing a verification about facts that may not be sustainable upon detailed scrutiny.”).

307. Order Re Privilege of Remaining Documents at 17, Eastman v. Thompson, No. 8:22-cv-99- DOC_DFM, (Oct. 19, 2022), ECF no. 372, available at https://www.courtlistener.com/docket/ 62613089/372/john-c-eastman-v-bennie-g-thompson/.

308. Order Re Privilege of Remaining Documents at 17, Eastman v. Thompson, Case 8:22-cv- 00099-DOC_DFM, (Oct. 19, 2022), ECF no. 372, available at https://www.courtlistener.com/ docket/62613089/372/john-c-eastman-v-bennie-g-thompson/.

309. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), https://apnews.com/article/election-202 ... iegemedia- e79eb5164613d6718e9f4502eb471f27.

310. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), https://apnews.com/article/election-202 ... iegemedia- e79eb5164613d6718e9f4502eb471f27.

311. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), https://apnews.com/article/election-202 ... iegemedia- e79eb5164613d6718e9f4502eb471f27.

312. See “Donald Trump 2020 Election Night Speech Transcript,” Rev, (Nov. 4, 2020), available at https://www.rev.com/blog/transcripts/do ... transcript.

313. See “Donald Trump Speech ‘Save America’ Rally Transcript January 6,” Rev, (Jan. 6, 2021), available at https://www.rev.com/blog/transcripts/do ... ricarally- transcript-january-6.

314. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), https://apnews.com/article/election-202 ... iegemedia- e79eb5164613d6718e9f4502eb471f27.

315. Donald J. Trump (@realDonaldTrump), Twitter, Dec. 19, 2020, 1:42 a.m. ET, available at https://www.thetrumparchive.com/?search ... protest%22 (archived).

316. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), https://apnews.com/article/election-202 ... iegemedia- e79eb5164613d6718e9f4502eb471f27.

317. “Transcript of Trump’s Speech at Rally Before US Capitol Riot,” Associated Press, (Jan. 13, 2021), https://apnews.com/article/election-202 ... iegemedia- e79eb5164613d6718e9f4502eb471f27.

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Part 1 of __

2. “I JUST WANT TO FIND 11,780 VOTES”


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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

v.

DANEAN MACANDREW,

Defendant.

Criminal Action No. 21-730 (CKK)

FINDINGS OF FACT AND CONCLUSIONS OF LAW
(January 17, 2023)

A three-day bench trial in this criminal matter concluded on January 12, 2023. For her actions at the insurrection of January 6, 2021, the Government charged Defendant Danean MacAndrew (“Defendant” or “MacAndrew”) by Information with: (1) Entering and Remaining in a Restricted Building, in violation of 18 U.S.C. § 1752(a)(1); (2) Disorderly and Disruptive Conduct in a Restricted Building, in violation of 18 U.S.C. § 1752(a)(2); (3) Violent Entry and Disorderly Conduct in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(D); and (4) Parading, Demonstrating, or Picketing in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(G). Superseding Information, ECF No. 21. In support of its case, the Government introduced testimony from three witnesses: (1) Inspector Lanelle Hawa of the United States Secret Service; (2) Captain Jessica Baboulis of the United States Capitol Police Department; and (3) Special Agent Braden Ballantyne of the Federal Bureau of Investigation. Additionally, the Court admitted fifty exhibits into evidence in full and one exhibit into evidence with redactions.

At the close of the Government’s case, Defendant moved for a judgment of acquittal as a matter of law. That motion remains pending before the Court. Defendant also presented evidence, calling one witness, herself.

Based on the following findings of fact and conclusions of law, Court DENIES Defendant’s Rule 29 motion by separate order.

The Court finds Defendant Danean MacAndrew GUILTY on Counts 1, 2, 3, and 4, the Government having carried their burden beyond a reasonable doubt as to each element of each charge.

In reaching a decision on the following findings of fact and conclusions of law, the Court has considered the pleadings, the record, testimony, the parties’ stipulations, the demeanor of the witnesses while testifying, the reasonableness of or unreasonableness of the testimony, the probability or improbability of the testimony, and all reasonable inferences to be drawn therefrom, among all other matters bearing on the credibility of the witnesses and the facts, and exhibits in evidence. The Court credits the following testimony and evidence as undisputed and/or unrebutted.

I. Findings of Fact

Clad in a “MAGA” hat, wearing a red scarf, and wielding a “Trump” flag, Danean MacAndrew knew she was not permitted to be in or around the Capitol on January 6, 2021. That knowledge, like a snowball rolling down a ski slope, accumulated that day. Her suspicions undoubtedly started when, contrary to her testimony, she passed “Area Closed” signs affixed to strewn fencing. If she did not know at that time her presence on Capitol grounds was unlawful, her awareness must have been stronger when she clambered over dismantled bike racks and snow fencing even closer to the Capitol building with their own “Area Closed” signs. If, after seeing those signs, she did not know her presence was unlawful after those signs, then surely she knew she was unlawfully present when she encountered a line of armored Metropolitan Police
Department (“MPD”) officers marching past Capitol Police officers guarding the Capitol building behind bike racks affixed, again, with “Area Closed” signs.

Assuming, for sake of argument, that she still did not know she was not permitted on Capitol grounds or in the Capitol building, she must have known when she arrived to the Upper West Terrace and met four individuals she testified she knew to have been pepper sprayed. Or, to enter the realm of the fabulist, perhaps it was only when she entered the Capitol through a broken door, an emergency siren blaring. These signs, and others detailed below, undoubtedly endowed MacAndrew with the knowledge that her presence and protest in the Capitol was unlawful. Nevertheless, she remained.

A. The Certification of the Electoral College Vote and the Insurrection Generally

The Court restates a number of background facts that it has found over the course of two prior bench trials.1 These facts are important context for the circumstances leading up to Defendant’s participation in the events at the Capitol on January 6, 2021 and contrast with her experience of security screening at the Ellipse earlier in the day.

The Government’s first two witnesses, Inspector Hawa and Captain Baboulis, largely repeated the background offered in Rivera. As they explained, the Capitol, guarded twenty-four hours a day, was open only to those with official business (along with Members and staff) from March 2020 to January 6, 2021. Had the Capitol been open to the public, all members of the public would be required to enter through the Capitol Visitor’s Center. Additionally, aside from Members, anyone seeking to enter the Capitol must show identification, go through a metal detector, put their belongings through an x-ray machine, and are otherwise subject to search by United States Capitol Police (“Capitol Police”) officers. Were someone to enter the Capitol without passing through security, Capitol Police would work to find and detain that person; if necessary, Capitol Police would lock down portions of the Capitol in such a way that could include stopping certain Congressional proceedings.

In preparation for Vice President Michael R. Pence’s visit to preside over the counting of the votes of the Electoral College on January 6, Inspector Hawa coordinated the Vice President’s visit with the Capitol Police. In partnership with the Capitol Police, the United States Secret Service (“Secret Service”) set up a protective perimeter around the entire grounds of the United States Capitol. Only those with credentials or with permission from either agency were permitted beyond that point. The security perimeter is standard for visits by heads of state (in which category the Secret Service includes the Vice President) but was also implemented in light of security concerns arising from then-President Donald J. Trump’s scheduled “Stop the Steal” rally near the White House. At various places, the protected area had successive lines of barriers made of snow barriers, interconnected bike racks, or mesh fencing. Most of these barriers included at regular intervals “Area Closed” signs printed in large font. See also Gov.’s Ex. 414.

Inspector Hawa, as the head of the Vice President’s coordinating detail at the United States Capitol, arrived at the Capitol building in the morning on January 6 to coordinate the Vice President’s visit that day. Vice President Pence arrived approximately at 12:30 p.m. with his wife and daughter, and Inspector Hawa escorted the Vice President and his family to the Vice President’s Ceremonial Office in the Capitol. The Joint Session for the count of the Electoral College votes began at 1:00 p.m. with Vice President Pence presiding. Fifteen minutes later, the two Houses of Congress retired to their respective chambers to debate the certification of the votes from the state of Arizona.

After 1:15 p.m., which was fifteen minutes after the Vice President returned to the Senate, the Secret Service learned of breaches to its protective area, i.e., the mob had made its way through barriers and onto the Capitol grounds by that time. At that time, the Secret Service began to discuss moving the Vice President and his family to a more secure location. At around 2:30 p.m., when the rioters first breached the Senate side of the Capitol itself, the Secret Service evacuated the Vice President and his family to a more secure location in the Capitol. Shortly thereafter, with multiple police lines overrun and the several entrances to the Capitol breached, the Senate recessed for its own safety; the House shortly followed.

On the west side of the Capitol, the farthest edge of the security line was Peace Circle. That line was breached at around 12:55 p.m. The mob began to tear down fencing across the West Front of the Capitol at that same time. At the time of these initial breaches, Captain Mendoza and other Capitol Police officers surged to support surviving police lines, mainly on the Upper and Lower Terraces on the West Front of the Capitol. MPD officers joined Capitol Police on these lines in stages. See also Gov.’s Ex. 414; 425. Over the course of the following hour, various sections of the police line broke in the face of heavy violent resistance, including the northwestern stairway on the West Front leading from the Lower Terrace to the Upper Terrace at 2:09 p.m. Just a few minutes later, the rioters smashed through the Senate Wing Door and its windows. Capitol Police officers briefly reclaimed the Senate Wing Door, only for rioters to overwhelm that line again at 2:49 p.m. Meanwhile, another door with access to the Senate side of the Capitol, the Parliamentarian Door, was breached at 2:42 p.m. For some period of time after 1:00 p.m. and before 2:42 p.m., MPD deployed chemical spray (pepper spray or something similar) to disperse the insurrectionists who had yet to join the portion of the riot that had captured the Upper West Terrace, ultimately to little effect.

When rioters entered the Capitol, they were met with a loud PA system urging Capitol visitors and staff to take shelter due to an incursion into the Capitol. Although Capitol Police officers engaged in hand-to-hand combat with the rioters to maintain portions of police lines throughout Capitol grounds, Capitol Police officers were ultimately unsuccessful. At that point, the focus of the Capitol Police shifted to convincing rioters to leave the Capitol and stemming particularly severe acts of violence. Law enforcement and the National Guard were unable to secure the Capitol and the safety of the Vice President, Members of Congress, and staff until several hours later. With Vice President Pence presiding, Congressional proceedings only resumed at approximately 8:00 p.m. when all of the rioters had been removed.

B. MacAndrew’s Participation in the Riot

As noted above, the Court finds Defendant a supportive, though noncombative, member of the riot. Defendant has long been a supporter of former President Trump. After earning a master’s degree in psychology from the University of Pittsburgh, MacAndrew returned to her family home in California. Beginning at least in 2020, MacAndrew attended a number of pro-Trump rallies, including one rally in 2020 featuring then-President Trump himself. After MacAndrew read then-President Trump’s announcement that he would hold a rally on January 6, 2021 that “w[ould] be wild,” she made plans to attend, excited to hear then-President Trump speak and to protest against the 2020 Presidential Election.

She arrived in the District of Columbia on January 4, 2021. Two days later, she awoke early in the morning to attend the “Stop the Steal” rally at the Ellipse. Defendant testified that she waited in line for hours to enter the rally through at least one security checkpoint. To ensure the safety of the President and attendees at the outdoor rally, Defendant was required to leave her backpack outside the demarcated area. At some point, MacAndrew left the rally early to retrieve ibuprofen or acetaminophen from her backpack due to, she testified, painful back spasms. Notwithstanding her back pain, she then proceeded to march down the National Mall to the Capitol with other protestors, at times helping others carry a gargantuan “Trump” flag.

She then pierced the restricted area on its western boundary. As stated above, Capitol Police had erected multiple lines of barriers in this area with “Area Closed” signs clearly visible. Defendant testified that she saw individuals climbing the walls on the West Front as she worked her way northeast, towards the northern side of Capitol grounds. Throughout this time, her “Trump” flag was unfurled as, she admitted, she demonstrated against “a stolen election.” In MacAndrew’s mind, she said, only Congress could fix the abnormalities leading to the “stolen election.”

Trial exhibits establish a variety of barriers, some intact and some dismantled, as she continued east. At approximately 2:40 PM, she came upon discarded snow fencing and bike racks. Gov.’s Ex. 426. She looked down, where she would have seen the very same “Area Closed” signs. Id.; Gov.’s Ex. 426. In order to clamber over these bike racks and snow fencing, another demonstrator assisted her. Gov.’s Ex. 426. After ascending onto a pathway, she doubled back southwest, moving with a line of armored MPD officers towards the Upper West Terrace. As she did so, she passed Capitol Police officers guarding the Capitol. Id. These officers were standing behind more bike racks, including one with another large “Area Closed” sign. Id.

As the MPD officers continued east to attempt to reinforce police lines engaging in hand-to-hand combat with insurrections battling to enter the Capitol, Defendant turned north towards the Senate Wing Door. See Gov.’s Exs. 9, 414. There, she took multiple photos of a man who had been pepper sprayed before he left the Capitol building. Gov.’s Exs. 10, 11, 12. She stated that she also saw three rioters exit the door to her left, the Parliamentarian Door, also having been pepper sprayed. Still, she continued onwards, entering the Capitol at 3:09 PM. Gov.’s Ex. 424. Shortly before entering, MacAndrew rolled up her “Trump” flag and covered her face with her scarf because, she admitted in her testimony, she was worried about encountering pepper spray.

MacAndrew also filmed her entry which, like the Court inferred in Rivera, constituted at least part of her field of vision. See 2022 WL 2187851, at *3. Her video captures the Senate Wing Door having been ripped off its hinges, nails protruding from its frame. Gov.’s Ex. 13. It also features a piercingly loud emergency siren blaring. Id. Upon entering, Defendant saw a line of riot police to her left, unarmored police directly in front of her, destroyed furniture, and a mob of rioters chanting, among other things, “USA! USA!” Id. A rioter directly in front of her offered at least two “fist bumps” to riot officers, which were reciprocated. Gov.’s Ex. 424. A third riot officer physically gestured at the same rioter to, the Court infers from its review of the video evidence, exit the Capitol. Id.

After milling about for a few minutes and filming the events around her, she continued rightwards, further into the Capitol towards the Crypt. Id. Defendant did not stay for long; she was met with a cloud of chemical spray and fellow rioters warning of an incoming SWAT team. Id. After turning around, she exclaimed, “They gassing us! They’re gassing us!” Id. Upon returning to the area directly next to the Senate Wing Door, she continued to stand and film with her phone. Some footage captured other rioters exiting the building through the smashed windows next to the Senate Wing Door. Gov.’s Ex. 20. Approximately three minutes later, an unarmored Capitol Police Officer gestured at her to leave. Gov.’s Ex. 424. It was only at this moment, MacAndrew insists, that she understood she was not permitted to be in the Capitol. Even then, MacAndrew did not leave immediately. As others passed her heading for the exit, she remained for approximately three minutes, continuing to film while clad in her “MAGA” hat. Id. Only when armored riot police advanced with a riot shield did she finally exit the building, at approximately 3:17 PM. Id. Defendant continued to remain directly outside the Senate Wing Door for some time afterwards. Gov.’s Ex. 428.

In general, Defendant maintained in her testimony that she thought it was lawful to enter the Capitol and its grounds and that she exited the Capitol as soon as she was instructed. The Court does not find this testimony credible. As an initial matter, that assertion does not comport with clear video evidence of a variety of circumstances placing Defendant on notice that she was not permitted in the Capitol, not least of which included a cloud of chemical spray inside the building, an earsplitting alarm upon entering the Capitol, and numerous “Area Closed” signs outside of the building. Given the numerosity of these signs and that Defendant stepped over one, the Court does not find credible Defendant’s assertion that she never saw such a sign.

More specifically, Defendant contradicted her testimony at times in such a way as to call much of it into doubt. For example, Defendant testified that she did not know if it was the police who pepper-sprayed fellow demonstrators, yet shortly after she left the Capitol she herself stated on Twitter that it was, in fact, the police deploying chemical spray. Gov.’s Ex. 124. Moreover, although on the stand she implied that those pepper sprayed were “bad” or nefarious actors, she subsequently identified with them, calling them “Patriots.” Id. Additionally, it strains credulity to accept that an individual who just hours earlier had to pass through security to see then-President Trump speak outside thought it unnecessary to pass through security to enter the United States Capitol with her backpack while she believed Congress was in session. As such, the Court does not credit Defendant’s testimony regarding her mental state, although the Court does credit the remainder of her testimony as either conceded or uncontradicted by other evidence.

II. Conclusions of Law

A. Count One

To find a defendant guilty of Entering and Remaining in a Restricted Building, in violation of 18 U.S.C. § 1752(a)(1), the Court must find the following beyond a reasonable doubt: (1) the defendant entered or remained in a restricted building without lawful authority to do so; and (2) the defendant did so knowingly. First, as in Grider and Rivera, the Court concludes again that the Capitol building and area surrounding it were “restricted” within the meaning of 18 U.S.C. § 1752 based on testimony by members of the Secret Service and Capitol Police. Second, the overwhelming weight of evidence shows that MacAndrew knew that she was not permitted on Capitol grounds or inside the Capitol well before a Capitol Police officer instructed her to leave.

The evidence in this regard is legion and is presented in chronological order as follows:

1. Given the sheer number of barriers and signs posted on January 6, 2021, the Court can infer by circumstantial evidence that MacAndrew passed intact barriers with Area Closed signs affixed to them.

2. As MacAndrew continued further into the West Lawn, she saw, as Defendant admitted during her testimony, rioters scaling a wall in order to advance further into the Capitol.

3. MacAndrew clambered over broken fencing and, when she looked down, an “Area Closed” sign would have been visible.

4. MacAndrew continued onwards to a line of riot police, an indication that her presence was unwelcome.

5. While walking alongside that line of riot police, MacAndrew passed a group of unarmored Capitol Police officers guarding the Capitol. These officers stood behind intact bike racks, one of which had an “Area Closed” sign clearly visible to MacAndrew.

6. MacAndrew admitted in her testimony that, before entering the Capitol, she saw four rioters who, she understood, had been sprayed with some kind of chemical irritant.

7. MacAndrew took multiple photos of one of the rioters who had been pepper sprayed.

8. MacAndrew entered the Capitol through a clearly broken door.

9. When entering, MacAndrew admitted that she heard what she understood to be a piercing emergency siren.

10. After entering, she witnessed a line of police in riot gear, one of whom physically gestured the rioter directly in front of MacAndrew to leave.

11. MacAndrew also saw a pile of destroyed furniture directly after entering.

12. MacAndrew admitted during cross-examination that she covered her face with her scarf before entering because she was scared of being pepper sprayed.

13. After continuing towards the Crypt, experiencing the effects of chemical spray, MacAndrew exclaimed “They’re gassing us! They’re gassing us!”

14. MacAndrew filmed another rioter warning others that he believed a SWAT team was en route.

15. MacAndrew filmed at least one rioter jumping through a broken window adjoining the destroyed Senate Wing Door.

See Rivera, 2022 WL 2187851, at *5 (discarded barriers, signs, pepper spray, alarm, and broken door at entry put defendant on notice that his presence was unlawful).

During her testimony and closing, Defendant argued that she was unaware she was unlawfully present in the Capitol because she focused her entire attention on the four-inch screen of her phone while inside. That argument decidedly fails. As an initial matter, Defendant herself captured numerous instances of events placing her on notice that her presence was unlawful, including her exclamation while inside the Capitol that she believed she was being teargassed. More culpably, it raises some question as to whether she willfully blinded herself to circumstances that would, she understood, have even more fully placed her on notice that her presence was unlawful.

Although not commonly invoked, “willful blindness” (sometimes termed “willful ignorance”) is one method by which a factfinder may conclude that a defendant “knowingly” committed a criminal act. See Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754, 766 (2011) (characterizing the doctrine as “well established in criminal law”). In general, where a defendant “knows or strongly suspects that he is involved in criminal dealings but deliberately avoids learning more exact information about the nature of extent of those dealings,” that defendant is said to act “knowingly.” Tantchev v. Garland, 46 F.4th 431, 437 (6th Cir. 2022) (quoting United States v. Tantchev, 916 F.3d 645, 652 (7th Cir. 2019)); see also United States v. Alston-Graves, 435 F.3d 331, 339-41 (D.C. Cir. 2006) (discussing doctrine in dicta).2 Much of Defendant’s testimony implicates this doctrine.

For example, Defendant readily admits that she found much of the events around her “strange” and not at all akin to the prior pro-Trump events she had attended. She further testified that she thought the presence of riot police meant something “might go wrong,” including due to her fear of “Antifa” or counter-protestors.

3 That she could have been permitted to enter the United States Capitol without security screening and with her backpack, particularly after she witnessed other members of the crowd suffering from the effects of pepper spray, should have also struck her as “strange” when she had just been subjected to a security screening for an outdoor event. Nevertheless, Defendant insists that she would have expected police to tell her she was not welcome. That assertion begs the obvious question why Defendant did not stop to ask the various police officers in her vicinity throughout her progression from the West Front into the Capitol. Failure to ask strikes the Court as a deliberate effort to avoid confirming what Defendant admits she suspected: she was involved in criminal activity that day. Either way, the Court concludes that Defendant was aware that her presence inside the Capitol was unlawful.

Accordingly, the evidence establishes beyond a reasonable doubt that (1) MacAndrew entered or remained in a restricted building without lawful authority to do so and (2) MacAndrew did so knowingly. The Court therefore finds Defendant GUILTY on Count 1.

B. Count Two

To find a defendant guilty of Disorderly and Disruptive Conduct in a Restricted Building, in violation of 18 U.S.C. § 1752(a)(2), the Court must find the following beyond a reasonable doubt: (1) the defendant engaged in disorderly or disruptive conduct in, or in proximity to, any restricted building; (2) the defendant did so knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions; and (3) the defendant’s conduct occurred when, or so that, her conduct in fact impeded or disrupted the orderly conduct of Government business or official functions.

As this Court has held twice now, even mere presence in an unlawful mob or riot is both (1) “disorderly” in the sense that it furthers the mob’s disturbance to the peace and (2) “disruptive” insofar as it disturbs the normal and peaceful condition of the Capitol grounds and buildings, its official proceedings, and the safety of its lawful occupants. Were it not, it must be said that continued presence in a mob that is being tear gassed and pepper sprayed by police, as a measure to control the rioters, is disorderly insofar as a person’s continued presence clearly impedes law enforcement’s efforts to regain control of a particular area. Additionally, as Captain Mendoza explained, entering a Capitol building without authorization is necessarily “[n]ot according to order and rule,” “unruly,” and may “disrupt [Congressional] . . . activity” insofar as Capitol Police would seek out and detain anyone who enters a Capitol building without authorization. Accordingly, the Court concludes that MacAndrew “engaged in disorderly or disruptive conduct in, or in proximity to, any restricted building.”

Second, having discredited Defendant’s testimony regarding her mental state, the Court presumes that she intended the natural and probable consequences of her actions. See Grider, 2022 WL 17829149, at *12; United States v. Meija, 597 F.3d 1329, 1341 (D.C. Cir. 2010). “‘The probable and natural consequence of breaking into the United States Capitol is the disruption of Congressional business and proceedings.’” Grider, 2022 WL 17829149, at *12 (quoting Rivera, 2022 WL 2187851, at *5).4 Even the presence of just one unauthorized person in the Capitol is reason to halt Congressional business as Capitol Police (and, in this case, many other law enforcement agencies) track down the intruder. Id.

The Court need not rest solely on this Meija axiom, however. Indeed, in advance of the rally, Defendant tweeted at then-President Trump that she too felt that “[t]raps had been set” in the “#RiggedElection” of 2020. Gov.’s Ex. 114. On January 6, she even identified with her fellow “Patriots” who had been pepper sprayed breaching the Capitol in support of former President Trump. Gov.’s Ex. 124. And at the “Stop the Steal” rally, then-President Trump eponymously exhorted his supporters to, in fact, stop the steal by marching to the Capitol. Defendant marched to the Capitol where, she testified, she understood that only Congress had the power to fix the election’s outcome and that Congress was likely in session while she was around and in the Capitol. Having followed then-President Trump’s instructions, which were in line with her stated desires, the Court therefore finds that Defendant intended her presence to be disruptive to Congressional business.

Third, as the Court explained in Rivera, even mere presence in these circumstances is in fact disruptive. 2022 WL 2187851, at *6. As noted above, even the presence of one unauthorized person in the Capitol is reason to suspend Capitol business. Captain Baboulis and Inspector Hawa amply explained how Defendant’s presence, standing alone, was disruptive to Congress and to the Vice President’s business on January 6, 2021.5

Altogether the Court finds that the evidence shows, beyond a reasonable doubt, that MacAndrew knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, engaged in disorderly or disruptive conduct in, or in proximity to, any restricted building that in point of fact impeded or disrupted the orderly conduct of Government business or official functions. The Court therefore finds Defendant GUILTY on Count 2.

C. Count Three

In order for the Court to find Defendant guilty of Violent Entry and Disorderly Conduct in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(D), the Court must find the following beyond a reasonable doubt: (1) the defendant engaged in disorderly or disruptive conduct in any of the United States Capitol Buildings; (2) the defendant did so with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress; and (3) the defendant acted willfully and knowingly. Broadly, a person acts “willfully” when they “act with knowledge that their conduct was unlawful.” Bryan v. United States, 524 U.S. 184, 191-92 (1998) (cleaned up); see also United States v. Moore, 612 F.3d 698, 703 (D.C. Cir. 2010) (Kavanaugh, J., concurring). As the Court has already concluded that MacAndrew knew her presence around and in the Capitol was unauthorized, and that her continued presence was disruptive, the Court has found that MacAndrew acted willfully as well. For the other elements of the offense, for the same reasons the Court found Defendant guilty on Counts 1 and 2, the Court finds that the Government has carried its burden beyond a reasonable doubt and finds Defendant GUILTY on Count 3.

D. Count Four

To find a defendant guilty of Parading, Demonstrating, or Picketing in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(G), the Court must find the following beyond a reasonable doubt: (1) the defendant paraded, demonstrated, or picketed in any of the United States Capitol Buildings; and (2) the defendant acted willfully and knowingly.

As the Court has explained in prior opinions, “parading” and “demonstrating” centers on participation in a “march[,] procession,” or gathering “in support of some political object” or question. Rivera, 2022 WL 2187851, at *7 (internal quotation marks removed). Defendant admitted that she traveled not just to the District of Columbia to demonstrate and protest, but to Capitol grounds as well. While on Capitol grounds, she proudly flew her “Trump” banner while wearing a red “MAGA” hat. Yet, she maintains, she did not demonstrate in the Capitol because she furled her banner and only recorded videos.6

As an initial matter, this Court has already held that “recording” and “demonstrating” are not mutually exclusive. Id. Furthermore, even mere presence in a crowd of demonstrators suffices to protest, so long as there are some indicia that the defendant joined their fellow demonstrators’ cause. Id. at *7 n.16; see also Brock at 412-13 (finding beyond a reasonable doubt that a defendant demonstrated without examining specific actions or statements by the defendant himself). Defendant conceded such indicia through her own testimony. Overall, her presence was part of the floodwaters that drowned the Capitol in insurrection and destruction. In other words, MacAndrew was no passive observer. Clearly, the evidence shows, beyond a reasonable doubt, that MacAndrew took part in a demonstration.

Second, for the same reasons the Court concluded that Defendant acted “willfully and knowingly” in Count 3, the Court concludes that the evidence shows, beyond a reasonable doubt, that Defendant “willfully and knowingly” “paraded [ or] demonstrated” “in any of the United States Capitol Buildings.” The Court therefore finds Defendant GUILTY on Count 4.

III. Conclusion

Beyond a reasonable doubt, Danean MacAndrew knew on January 6, 2021 that her actions at the Capitol were unlawful. Every step of the way, from the western boundary of Capitol grounds, to the West Lawn, to the Upper West Terrace, to the interior of the Capitol itself, she saw sign after sign that her presence was unlawful. Nevertheless, heeding the call of former President Trump, she continued onwards to “stop the steal.” For her participation in the insurrection of January 6, the Court finds Danean MacAndrew GUILTY on Counts 1, 2, 3, and 4.

Dated: January 17, 2023

/s/
COLLEEN KOLLAR-KOTELLY
United States District Judge

_______________

Notes:

1 Specifically, the Court takes judicial notice of the trial testimony of Inspector Hawa and Captain Carneysha Mendoza in United States v. Rivera, Crim. A. No. 21-060 (CKK) (D.D.C.). The Court also took judicial notice of this testimony with the parties’ consent in United States v. Grider, --- F. Supp. 3d ---, 2022 WL 17829149, at *2-3 (D.D.C. Dec. 21, 2022). Where relevant, the Court also takes judicial notice of background information discussed in H.R. Rep. 117-663 (Dec. 22, 2022) (“Select Committee Report”) as information that is unquestionably accurate and derived from a source “whose accuracy cannot reasonably be questioned.” See Hurd v. District of Columbia, 864 F.3d 671, 686 (D.C. Cir. 2017) (quoting and discussing Fed. R. Evid. 201); see also FTC v. Facebook, Inc., 581 F. Supp. 3d 34, 61 (D.D.C. 2022) (taking notice of Congressional committee report). Pursuant to Fed. R. Evid. 402(e), the Court provided the parties notice that it intended to incorporate these findings and the parties did not object. Unless otherwise stated, all facts recited in this subsection originate from Rivera or Grider or the parties’ [56] Stipulations, admitted into evidence as Government’s Exhibit 500.

2 Also in dicta, the Circuit suggests that this doctrine should be invoked only rarely, if at all. Id. To the extent that such dicta has any persuasive value, the Supreme Court explicitly called Alston-Graves’ admonition into question in Global-Tech. 563 U.S. 754 at 779 n.9. The Court need not pause long on the merits of one court’s dictum over another, for the Court’s finding that Defendant acted knowingly rests only, and alternatively, in small part on the doctrine of “willful blindness.”

3 To be clear, there is no evidence that “Antifa” or any militant left-wing group was present at or around the Capitol on January 6, 2021. Indeed, intelligence agencies concluded that such groups commanded their members to stay home that day. Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. H.R. Rep. 117-663 (Dec. 22, 2022).

4 See also ECF No. 81 at 397, United States v. Brock, Crim. A. No. 21-140 (JDB) (D.D.C. Dec. 6, 2022) (transcript of bench verdict); United States v. Brock, Crim. A. No. 21-158 (RC) (D.D.C. Oct. 27, 2022) (same).

5 For the sake of completeness, the Court repeats the metaphor presented in Rivera, which the Government recited at trial:

Just as heavy rains cause a flood in a field, each individual raindrop itself contributes to that flood. Only when all of the floodwaters subside is order restored to the field. The same idea applies in these circumstances. Many rioters collectively disrupted Congressional proceedings, and each individual rioter contributed to that disruption. Because MacAndrew’s presence and conduct in part caused the continued interruption to Congressional proceedings, the Court finds that she in fact impeded or disrupted government business while present in the Capitol on January 6, 2021.

See 2022 WL 2187851, at *6.

6 Defendant admitted during her testimony that she is not a professional photographer; at most she is a hobbyist.

********************************

ANOTHER Federal Judge calls out Donald Trump for being responsible for the insurrection!
Glenn Kirschner
Jan 17, 2023

It remains baffling how two of the three co-equal branches of government - the judicial and the legislative branches - have concluded and announced that Donald Trump is responsible for the insurrection, and yet the only branch of government with the power to hold him accountable - the executive branch - continues to lag behind.

Now another federal judge, Judge Colleen Kollar-Kotelly, has announced in written findings that a defendant who breached the Capitol on January 6, Danean MacAndrew, "followed Donald Trump's instructions" to "march to the Capitol and stop the steal."

When will the executive branch do what is necessary to protect our democracy by indicting Donald Trump for his crimes?



Transcript

0:00
well friends another federal judge just
0:03
stated the obvious
0:05
that the Insurrection was a Donald Trump
0:09
production
0:11
let's talk about that
0:12
because Justice matters
0:18
[Music]
0:30
hey all Glenn kirschner here so friends
0:33
I spent a good part of today in federal
0:35
district court in Washington D.C
0:37
watching two trials
0:39
the proud boys seditious conspiracy
0:42
trial members of that organization are
0:45
on trial for trying to violently
0:47
overthrow the government
0:49
trying to violently stop the
0:51
certification of Joe Biden's election
0:53
win
0:54
and I watched some of a second trial
0:56
which is part two of The Oath Keepers
0:59
case
1:00
remember that a group of Oath Keepers
1:02
have already been convicted of a
1:05
seditious conspiracy and other charges
1:07
for their attack on the capitol on
1:10
January 6th this is part two this is a
1:13
second group of Oath Keepers who are
1:15
presently on trial
1:17
and I couldn't help but think to myself
1:20
during the course of the day that I
1:23
wouldn't be there
1:24
sitting in federal court watching these
1:27
trials
1:28
had Donald Trump not told all of his
1:32
supporters
1:33
you know his base his lackeys come to DC
1:36
on January 6th will be wild
1:40
and had Donald Trump not then told them
1:44
at the stop the steel pre-insurrection
1:47
pep rally you have to fight like hell or
1:49
you won't have a country anymore now go
1:52
to the Capitol and stop the steal stop
1:55
the certification
1:57
and they did
2:00
and what continues to amaze me confound
2:05
me
2:06
Disturbed me
2:08
is that we have two co-equal branches of
2:11
government who have been virtually
2:14
yelling and screaming that Donald Trump
2:16
is responsible for the insurrection
2:19
you have the Judiciary judge after judge
2:23
has been
2:25
saying in their findings and in their
2:28
opinions this was a Donald Trump
2:30
orchestration in so many words you have
2:34
the legislative branch the January 6th
2:37
house select committee
2:39
yelling and screaming that Donald Trump
2:42
is the one responsible
2:45
for launching the attack on the capitol
2:47
this was Donald Trump's Insurrection and
2:51
yet you have the third branch of
2:52
government the Executive Branch the
2:55
Department of Justice the only branch of
2:59
the three branches of government that
3:01
has the power to charge Donald Trump for
3:04
the crimes that we all know he committed
3:09
and yet they don't
3:12
the Executive Branch the Department of
3:13
Justice the FBI lags behind
3:16
the other two co-equal branches of
3:19
government who have been screaming from
3:21
the rooftops the need to hold Donald
3:23
Trump accountable for his crimes and now
3:26
it happened again today
3:29
because today another federal judge in
3:33
Washington D.C this time judge Colleen
3:38
Kolar cattelli
3:41
issued a written opinion in a case
3:44
talking about
3:46
why a particular defendant attacked the
3:49
capital on January 6th let me set it up
3:52
a little bit
3:54
judge Kolar Catelli who I actually know
3:57
fairly well professionally I tried an
4:00
arson case in front of her many years
4:01
ago I also handled a capital case a
4:04
death penalty case in front of her
4:06
involving the murder of an FBI Task
4:09
Force member who was a Maryland state
4:11
trooper so I've had cases before judge
4:15
Cole arcatelli she's a fantastic judge
4:18
great jurist Fair even-handed
4:22
and she actually tried a case sitting as
4:26
the finder effect what do I mean by that
4:28
well there was a case involving a series
4:31
of misdemeanor crimes for somebody who
4:32
unlawfully entered the capital but
4:34
didn't assault police officers and in
4:38
that misdemeanor case the judge sat as
4:41
the finder effect there was no jury so
4:43
sometimes you try a case to a judge we
4:46
call it a bench trial and in felony
4:48
cases you try those cases to a jury so
4:51
judge Catelli Cole arcatelli was the
4:54
finder effect she tried this case and
4:56
made the decision on guilty or not
4:58
guilty herself and she issued a written
5:01
opinion setting out her findings in the
5:04
case after a three-day trial I was first
5:07
alerted to this today when I saw a tweet
5:10
from my friend Kyle Chaney at Politico
5:13
and here's what he tweeted
5:16
Justin federal judge delivers a January
5:19
6 guilty verdict for defendant danine
5:22
mcandrew but makes clear she the judge
5:26
views mcandrew as having followed
5:30
president Trump's instructions
5:34
well needless to say when I saw that
5:36
tweet from Kyle I went and printed out
5:39
judge colar catelli's opinion in the
5:42
case to see what she had said about this
5:47
defendant following Trump's orders when
5:50
she attacked the capital
5:52
and I want to read the opening Salvo of
5:55
the judge's opinion the first two
5:57
paragraphs because I think it nicely
5:59
frames what this defendant danine
6:02
mcandrew did and then I'm going to jump
6:05
to the end of the opinion it's an
6:07
18-page opinion and read two short
6:10
passages about what the evidence showed
6:13
Trump's responsibility was
6:16
but first here is the factual backdrop
6:22
clad and a Maga hat wearing a red scarf
6:25
and wielding a trump flag the defendant
6:29
danine mcandrew knew she was not
6:32
permitted to be in or around the capitol
6:35
on January 6 2021
6:38
that knowledge like a snowball rolling
6:41
down a ski slope accumulated that day
6:44
her suspicions undoubtedly started when
6:48
contrary to her testimony in other words
6:51
the defendant testified and lied in the
6:55
opinion of the judge contrary to her
6:58
testimony she passed area closed signs
7:02
affixed to strewn fencing
7:05
if she did not know at that time her
7:07
Presence at the Capitol Grounds was
7:09
unlawful her awareness must have been
7:12
stronger when she clamored over
7:14
dismantled bike racks and snow fencing
7:18
even closer to the Capitol building with
7:21
their own area closed signs
7:24
if after seeing those signs she did not
7:28
know her presence was unlawful after
7:30
those signs then surely she knew she was
7:34
unlawfully present when she encountered
7:36
a line of armored Metropolitan Police
7:38
Department officers marching past
7:40
Capitol police officers guarding the
7:42
Capitol building behind bike racks
7:45
affixed again with area closed signs
7:50
assuming for the sake of argument that
7:53
she still did not know she was not
7:56
permitted on Capitol grounds or in the
7:58
Capitol Building she must have known
8:00
when she arrived to the Upper West
8:03
Terrace and met four individuals she
8:06
testified she knew to have been pepper
8:09
sprayed
8:10
or to enter the realm of the fabulist
8:13
perhaps it was only when she entered the
8:16
capital through a broken door an
8:18
emergency siren blaring these signs and
8:22
others detailed below undoubtedly
8:25
endowed mcandrew with the knowledge that
8:28
her presence and protest in the capital
8:31
was unlawful nevertheless
8:34
she remained
8:37
and then after the judge said the
8:41
defendant's presence was part of the
8:43
flood waters that drowned the capital in
8:46
Insurrection and destruction
8:49
judge colar Catelli went on to say the
8:51
following
8:53
at the stop the steel rally then
8:56
president Trump eponymously exhorted his
8:59
supporters to in fact stop the steal by
9:03
marching to the Capitol
9:05
defendant marched to the Capitol having
9:08
followed then president Trump's
9:10
instructions which were in line with her
9:14
stated desires
9:15
the court therefore finds that defendant
9:18
intended her presence to be disruptive
9:21
to Congressional business
9:24
and judge colar Catelli concluded her
9:27
findings as follows
9:29
Beyond A Reasonable Doubt Deneen
9:32
mcandrew knew on January 6 2021 that her
9:36
actions at the Capitol were unlawful
9:40
every step of the way from the western
9:42
boundary of capital grounds to the west
9:45
lawn to the Upper West Terrace to the
9:48
interior of the capital itself she saw
9:51
sign after sign that her presence was
9:54
unlawful
9:56
nevertheless
9:58
heeding the call of former president
10:01
Trump she continued onwards to stop the
10:05
steel
10:06
for her participation in the
10:08
Insurrection of January 6th the court
10:11
finds danine mcandrew guilty on counts
10:15
one two three and four
10:19
this defendant danine mcandrew
10:23
followed Donald Trump's instructions
10:27
heated Donald Trump's call to stop the
10:31
Steal
10:33
and doing what Donald Trump told her to
10:36
do instructed her to do directed her to
10:39
do expressly and repeatedly
10:43
she ended up being convicted of four
10:46
crimes
10:49
the Insurrection was a Donald Trump
10:51
production it was Donald Trump's
10:54
Insurrection the federal judges know it
10:58
the members of Congress know it
11:00
the people know it you know it I know it
11:03
anyone who cares to assess the facts
11:08
honestly and accurately and a
11:11
politically
11:14
everyone knows it
11:16
these are Donald Trump's crimes
11:18
these are Donald Trump's democracy
11:20
busting crimes
11:23
and two of the three co-equal branches
11:25
of government
11:27
are there
11:29
and one needs to get there
11:33
the one with the power to indict the one
11:35
with the ability and the opportunity
11:38
to actually save our democracy
11:42
so doj
11:44
let's get to it
11:48
because Justice
11:50
matters
11:54
friends as always please stay safe
11:56
please stay tuned and I look forward to
11:58
talking with you all again tomorrow
12:02
[Music]
12:10
thank you

*********************************

18 U.S. Code § 1752 - Restricted building or grounds
U.S. Code

Notes

(a)Whoever—
(1)knowingly enters or remains in any restricted building or grounds without lawful authority to do so;
(2)knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;
(3)knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or [1]
(4)knowingly engages in any act of physical violence against any person or property in any restricted building or grounds; [2]
(5)knowingly and willfully operates an unmanned aircraft system with the intent to knowingly and willfully direct or otherwise cause such unmanned aircraft system to enter or operate within or above a restricted building or grounds;
or attempts or conspires to do so, shall be punished as provided in subsection (b).
(b)The punishment for a violation of subsection (a) is—
(1)a fine under this title or imprisonment for not more than 10 years, or both, if—
(A)the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm; or
(B)the offense results in significant bodily injury as defined by section 2118(e)(3); and
(2)a fine under this title or imprisonment for not more than one year, or both, in any other case.
(c)In this section—
(1)the term “restricted buildings or grounds” means any posted, cordoned off, or otherwise restricted area—
(A)of the White House or its grounds, or the Vice President’s official residence or its grounds;
(B)of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting; or
(C)of a building or grounds so restricted in conjunction with an event designated as a special event of national significance; and
(2)the term “other person protected by the Secret Service” means any person whom the United States Secret Service is authorized to protect under section 3056 of this title or by Presidential memorandum, when such person has not declined such protection.
(Added Pub. L. 91–644, title V, § 18, Jan. 2, 1971, 84 Stat. 1891; amended Pub. L. 97–308, § 1, Oct. 14, 1982, 96 Stat. 1451; Pub. L. 98–587, § 3(b), Oct. 30, 1984, 98 Stat. 3112; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–177, title VI, § 602(a), (b)(1), Mar. 9, 2006, 120 Stat. 252; Pub. L. 112–98, § 2, Mar. 8, 2012, 126 Stat. 263; Pub. L. 115–254, div. B, title III, § 381, Oct. 5, 2018, 132 Stat. 3320.)

[admin]

Failed GOP candidate arrested on suspicion of orchestrating shootings at homes of Democrats in New Mexico, police say
by Jennifer Henderson, Andi Babineau and Jason Hanna
CNN
Updated 5:36 PM EST, Tue January 17, 2023
https://www.cnn.com/2023/01/17/us/solom ... index.html

A Republican former candidate for New Mexico’s legislature who police say claimed election fraud after his defeat has been arrested on suspicion of orchestrating recent shootings that damaged homes of Democratic elected leaders in the state, police said.

Solomon Peña, who lost his 2022 run for state House District 14, was arrested Monday by Albuquerque police, accused of paying and conspiring with four men to shoot at the homes of two state legislators and two county commissioners in December and January – and of trying to participate in at least one of the shootings, authorities said.

Though the shootings injured no one, Peña “intended to (cause) serious injury or cause death to occupants inside their homes,” an arrest warrant affidavit obtained from Albuquerque police reads.

“There is probable cause to believe that soon after his unsuccessful (political) campaign, he conspired … to commit these four shootings” at the officials’ homes, the affidavit reads.

Before the shootings, Peña – after losing the election – approached the county commissioners and at least one of the legislators at their homes, uninvited, to allege that the election results were fraudulent, police and officials said.

CNN has reached out to Peña’s campaign website for comment and has been unable to identify his attorney.

An investigation confirmed “these shootings were indeed politically motivated,” Albuquerque Mayor Tim Keller said Monday.

Read the arrest warrant affidavit

“At the end of the day, this was about a right-wing radical, an election denier who was arrested today and someone who did the worst imaginable thing you can do when you have a political disagreement, which is turn that to violence,” said Keller, a Democrat. “We know we don’t always agree with our elected officials, but that should never, ever lead to violence.”

The stewing of doubt about election veracity, principally among Republicans and usually without proof, has exploded nationwide since then-President Donald Trump lost his reelection bid and began propagating falsehoods the 2020 presidential election was stolen. The claims have stoked anger – and unapologetic threats of violence – against public officials down to the local level.

Gunshots were fired into the homes of Bernalillo County Commissioner Adriann Barboa on December 4; incoming state House Speaker Javier Martinez on December 8; then-Bernalillo Commissioner Debbie O’Malley on December 11; and state Sen. Linda Lopez on January 3, police said in a news release.

The department is still investigating whether those suspected of carrying out the shootings were “even aware of who these targets were or if they were just conducting shootings,” Albuquerque police Deputy Cmdr. Kyle Hartsock said Monday.

“Nobody was injured in the shootings, which resulted in damage to four homes,” an Albuquerque police news release said.

x
Peña is taken into custody Monday by police in Albuquerque. Roberto E. Rosales/Albuquerque Journal/Zuma Press Wire/Newscom

Barboa, whose home investigators say was the site of the first shooting, is grateful for an arrest in the case, she told “CNN This Morning” on Tuesday.

“I’m relieved to hear that people won’t be targeted in this way by him any longer,” she said.

Peña was arrested on preliminary charges of felon in possession of a firearm; attempted aggravated battery with a deadly weapon; criminal solicitation; and four counts each of shooting at an occupied dwelling, shooting at or from a motor vehicle, and conspiracy, according to a warrant.

“Charges are expected to be filed for the other men who participated in the shootings,” the police news release reads.

Before shootings, Peña approached at least some of the officials, authorities say

During the fall campaign, Peña’s opponent, Democratic state Rep. Miguel Garcia, sued to have Peña removed from the ballot, arguing Peña’s status as an ex-felon should prevent him from being able to run for public office in the state, CNN affiliate KOAT reported. Peña served nearly seven years in prison after a 2008 conviction for stealing a large volume of goods in a “smash and grab scheme,” the KOAT report said.

“You can’t hide from your own history,” Peña told the outlet in September. “I had nothing more than a desire to improve my lot in life.”

A district court judge ruled Peña was allowed to run in the election, according to KOAT. He lost his race to Garcia, 26% to 74%, yet a week later tweeted that he “never conceded” the race and was researching his options.

“After the election in November, Solomon Peña reached out and contracted someone for an amount of cash money to commit at least two of these shootings. The addresses of the shootings were communicated over phone,” Hartsock said Monday, citing the investigation. “Within hours, in one case, the shooting took place at the lawmaker’s home.”

Firearm evidence, surveillance video, cell phone and electronic records and witnesses in and around the conspiracy aided the investigation and helped officials connect five people to this conspiracy, Hartsock said.

Peña tried to visit at least some of the officials before shooting at their homes.

He approached Barboa uninvited to claim the results were fraudulent, Barboa said.

“He came to my house after the election. … He was saying that the elections were fake … really speaking erratically. I didn’t feel threatened at the time, but I did feel like he was erratic,” Barboa told “CNN This Morning” on Tuesday.

About eight gunshots were fired at Barboa’s house and a parked vehicle on the afternoon of December 4, police said. Barboa discovered the gunshots after returning from Christmas shopping, she said.

“My house had four shots through the front door and windows, where just hours before my grandbaby and I were playing in the living room,” Barboa said in a statement. “Processing this attack continues to be incredibly heavy, especially knowing that other women and people of color elected officials, with children and grandbabies, were targeted.”

In mid-December, O’Malley, the other county commissioner, called police to say the adobe fencing at her home had been damaged by gunfire. While police were investigating, O’Malley mentioned Peña had come to her home a day or two before the incident complaining about the recent election results, the affidavit reads.

“Debbie recalled that he was upset that he had not won the election for public office, even though (sic) Debbie O’Malley was not a contender,” the affidavit reads.

x
Ring doorbell camera video shows Peña looking for Debbie O'Malley at an address where she used to live. Courtesy Debbie O'Malley

Ring doorbell camera footage recorded at O’Malley’s previous residence and obtained by CNN shows him approaching the door and knocking, holding documents in his hands.

The current resident speaks to him through the camera’s speaker feature, telling him O’Malley no longer lives at that residence and directing him to her new home.

Lopez, the state senator whose home was shot at on January 3, also told detectives that Peña had showed up uninvited at her home after the election.

“County commissioners and Sen. Lopez told detectives that Peña … provided them with documents that he said indicated fraud in the election results,” the police news release reads.

Unhappy with initial shootings, Peña wanted shooters to aim lower, affidavit reads

One of the conspirators initially instructed shooters “to aim above the windows to avoid striking anyone inside,” the affidavit reads, citing a confidential witness with knowledge of the alleged conspiracy.

But Peña eventually wanted the shooters to be “more aggressive,” the affidavit reads, citing the confidential witness.

Peña “wanted them to aim lower and shoot around 8 p.m. because occupants would more likely not be laying down,” the affidavit, citing the confidential witness, says.

Lopez told police she “heard loud bangs but dismissed them as fireworks at the time.” Lopez’s daughter was awakened, thinking a spider was crawling on her face and that it felt like sand was in her bed, Lopez told police.

Officers found “sheetrock dust was blown onto Linda’s daughter’s face and bed resulting from firearm projectile(s) passing inside her bedroom overhead,” the affidavit reads. Officers found “12 impacts to (Lopez’s) residence,” according to the affidavit.

Shell casings at Lopez’s home ended up matching a handgun that was confiscated from a silver Nissan Maxima that was halted in a traffic stop about 40 minutes after the shooting and about 4 miles from the residence, police said in their news release.

The Maxima was registered to Peña, though Peña was not driving it when it was stopped, police said.

In the latest shooting, police found evidence “Peña himself went … and actually pulled the trigger on at least one of the firearms that was used,” Hartsock, the Albuquerque police deputy commander, said. But an AR handgun he tried to use malfunctioned, and more than a dozen rounds were fired by another shooter from a separate handgun, a police news release reads.

Detectives served search warrants Monday at Peña’s apartment and the home of two men allegedly paid by Peña, police said in the news release, adding Peña did not speak with detectives.

Police last week announced they had a suspect in custody and had obtained a firearm connected to one of the shootings at the homes of elected officials.

Authorities had earlier said they were investigating two other reports of gunfire since December – near the campaign office of the state attorney general, and near a law office of a state senator. Detectives no longer believe those two incidents are connected to the other four, police said Monday.

x
State Sen. Linda Lopez shows bullet holes in her garage door after her home was shot at last month. Adolphe Pierre-Louis/The Albuquerque Journal/AP

Commissioner: ‘I am very relieved’

O’Malley, the then-county commissioner whose home police say was shot at in December, is pleased an arrest has been made, she said.

“I am very relieved – and so is my family. I’m very appreciative of the work the police did,” O’Malley told CNN on Monday evening. O’Malley and her husband had been sleeping when the shots were fired at her home in Albuquerque, she said.

Martinez, the incoming state House speaker whose home also was shot at, is grateful a suspect is in custody, he told CNN in a statement. “We have seen far too much political violence lately and all of these events are powerful reminders that stirring up fear, heightening tensions, and stoking hatred can have devastating consequences,” he said.

In her state of the state address Tuesday, Gov. Michelle Lujan Grisham called the shootings “despicable acts of political violence” and thanked law enforcement for working “quickly and tirelessly to apprehend every single suspect in these heinous attacks.”

Correction: An earlier version of this story misspelled Debbie O’Malley’s first name.

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All In With Chris Hayes (8pm)
MSNBC Trump News Jan 19, 2023
1/19/23