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    Bonus Episode: Listen to the Third Indictment

    en-usAugust 02, 2023

    Podcast Summary

    • Trump Indicted for Conspiring to Defraud the US and Obstruct Election CertificationTrump accused of three criminal conspiracies: defrauding the US, obstructing Jan 6th proceeding, and against voting rights, for spreading false election fraud claims and obstructing election certification process.

      The indictment of Donald Trump alleges that he conspired to defraud the United States by spreading false claims of election fraud and obstructing the certification process of the 2020 presidential election results. The indictment accuses Trump of using dishonesty, fraud, and deceit to impair the lawful federal government function, and of enlisting the help of several coconspirators to assist him in his efforts to overturn the legitimate results of the election. The conspiracies targeted the nation's process of collecting, counting, and certifying the results of the presidential election, which is a bedrock function of the United States federal government. The purpose of the conspiracy was to obstruct the federal government function and overturn the election results. Trump's actions created a national atmosphere of mistrust and anger, eroding public faith in the administration of the election. The indictment alleges that Trump's actions constituted three criminal conspiracies: to defraud the United States, to obstruct the January 6th congressional proceeding, and against the right to vote and have one's vote counted.

    • Attempt to disrupt the Presidential election certification processThe Federal Government's election certification process was targeted with false claims of fraud, manipulation of electors, and misuse of government authorities, threatening the democratic process and peaceful transfer of power.

      The Federal Government function responsible for collecting, counting, and certifying the results of the Presidential election, established by the Constitution and the Electoral Count Act, was systematically targeted and attempted to be disrupted through false claims of election fraud, manipulation of electors, and misuse of government authorities. The defendant and coconspirators pushed for state legislators and officials to ignore the popular vote, disenfranchise voters, and replace legitimate electors with fraudulent ones. They also attempted to use the Justice Department to conduct sham investigations and falsely present fraudulent electors as a valid alternative. The ultimate goal was to alter the election results at the certification proceeding on January 6th. This conspiracy, if successful, would have significantly undermined the democratic process and the peaceful transfer of power in the United States.

    • Spreading False Election Claims After Being Informed of TruthDespite being debunked, the defendant continued to spread false election fraud claims, contributing to efforts to obstruct certification and interfere with democratic process.

      During the time period following the 2020 presidential election, the defendant and his associates knowingly made and disseminated numerous false claims of election fraud despite being informed repeatedly that these claims were untrue. These false claims were used as part of a criminal plan to obstruct the certification process and interfere with the democratic process. Even after being informed that his allegations were meritless by various officials, state legislators, and courts, the defendant continued to spread these false claims leading up to the attack on the Capitol on January 6th. Examples of these false claims include allegations of dead voters in Georgia, more votes than voters in Pennsylvania, and a suspicious vote dump in Detroit, Michigan. Despite being informed of the truth, the defendant continued to spread these lies.

    • False claims of election fraudThe defendant and allies made false claims of election fraud, refuted by state officials and courts, but continued efforts to challenge election results, ultimately failing to provide any substantiated evidence.

      During the 2020 presidential election, the defendant and his allies made numerous false claims of substantial fraud in several states, including Arizona and Nevada. These claims were refuted by state officials and courts. Despite being informed that these claims were baseless, the defendant persisted in his efforts to challenge the election results, making false assertions to state officials in an attempt to subvert the legitimate election process. The defendant's actions were part of a criminal scheme to obstruct the Federal government function and impair the process of electing the President. Despite having no evidence to support his claims, the defendant and his coconspirators continued to push for investigations and attempts to overturn the election results, ultimately failing to provide any substantiated evidence.

    • Attempts to Decertify Legitimate Electors and Claim Widespread Voter FraudDespite evidence to the contrary, some officials and advisors to then-President Trump urged legislators to decertify electors based on unsubstantiated theories of widespread voter fraud, which went against the principles of republican government and the rule of law.

      During the weeks following the 2020 presidential election, there were numerous attempts to decertify legitimate electors and falsely claim widespread voter fraud based on unsubstantiated theories. These efforts, as seen in Arizona and Georgia, involved high-ranking officials and advisors to then-President Trump. Despite evidence to the contrary, they urged legislators to disregard the voters' choice and decertify electors. These actions went against the principles of republican government and the rule of law. The courts ultimately dismissed these lawsuits, debunking the false claims of widespread voter fraud.

    • False claims about voter fraud at State Farm Arena in GeorgiaA campaign advisor and a co-conspirator spread false claims about voter fraud at State Farm Arena in Georgia, despite being debunked by law enforcement and election officials. This led to death threats against election workers and undermined trust in the electoral process.

      During the period leading up to the certification of the 2020 presidential election results, there were numerous false claims made about voter fraud at State Farm Arena in Georgia. These claims were made publicly by a campaign advisor and a co-conspirator at hearings and in meetings with law enforcement officials. Despite being debunked by law enforcement and election officials, the false claims continued to be repeated, leading to death threats against election workers and a signed verification affirming the false allegations. The defendant's actions resulted in the spreading of misinformation and undermining trust in the electoral process.

    • False election fraud claims in Georgia and MichiganThe defendant made false claims about election fraud in Georgia and Michigan despite being warned it was debunked, potentially putting individuals at risk of legal consequences and undermining democratic process

      During the period following the 2020 presidential election, there were numerous false claims made about election fraud in Georgia and Michigan. These claims were made by the defendant and were repeated publicly despite being debunked by various authorities. The Georgia Secretary of State's counsel even warned the defendant that making such false claims could lead to criminal prosecution. Despite this, the defendant continued to make these claims, even going so far as to attempt to get state legislators in Michigan to decertify the legitimate election results. These actions not only undermined the democratic process but also potentially put individuals at risk of legal consequences.

    • Attempts to falsely claim voter fraud during 2020 electionIndividuals, including the defendant, spread false claims of widespread voter fraud during the 2020 election, undermining the electoral process and putting individuals at risk. Despite debunking, the defendant continued to push these claims.

      During the 2020 presidential election, there were attempts made by individuals, including the defendant, to falsely claim widespread voter fraud and push for the appointment of alternate electors. These efforts were met with resistance from various state officials and courts, who reaffirmed the legitimacy of the popular vote and the electors chosen based on that vote. The defendant continued to publicly repeat these false claims, even after they had been debunked. This behavior not only undermined the electoral process but also put individuals, such as the Philadelphia City Commissioner, at risk of harm due to death threats. The defendant's actions were unprecedented and posed a significant threat to the integrity of future elections.

    • Conspiracy to Submit Fake Electoral VotesA group of individuals, including the defendant and his campaign, plotted to submit fake electoral votes in multiple states to potentially alter the certification of the 2021 presidential election.

      A group of individuals, including the defendant and his campaign, conspired to submit fake electoral votes in multiple states to create a controversy during the certification proceeding on January 6, 2021. The plan, which evolved from a legal strategy to preserve the defendant's rights in Wisconsin to a corrupt plan to subvert the federal government function, involved meeting and casting votes for fake electors on December 14 and January 6, 2021. The vice president presiding over the proceeding was to open and count these fraudulent votes, potentially leading to the defendant being certified as president despite not having received the necessary electoral votes. The conspirators also sought assistance from attorneys and the Republican National Committee to help gather electors for targeted states. This plan began in early December and involved expanding the strategy to any state the defendant claimed was contested, even if he had lost there. The scheme was based on the idea that members of Congress could argue that they were not bound by federal law to count only legitimate electoral votes.

    • A group of conspirators filed fraudulent elector certificates during the 2020 election to justify illegitimate electors' actions.Conspirators attempted to deceive government officials with fraudulent elector certificates to influence the electoral college process, contradicting their instructions to electors.

      During the 2020 presidential election, a group of conspirators, including the defendant and several campaign officials, made plans to file fraudulent elector certificates in multiple states as a cover to justify the convening and voting of the defendant's illegitimate electors. The conspirators discussed the need for a pending court proceeding to make the electors' actions less suspicious, and falsely assured the electors that their certificates would only be used if the defendant won in litigation. The group ultimately used the fraudulent certificates to deceive government officials and target the electoral college process, going against the instructions they had given to the electors. This scheme resulted in the submission of fraudulent electoral votes in several states, including Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, which the defendant lost in the legitimate vote count.

    • Attempt to manipulate election process with false claims of fraudDuring late stages of 2020 election, defendant tried to use DOJ to spread false fraud claims, pressuring officials to replace electors. Officials refused, upholding democratic institutions.

      During the late stages of the 2020 presidential election, the defendant attempted to use the Justice Department to spread false claims of election fraud to state officials, with the intention of replacing legitimate electors with the defendants. This was done through a series of meetings at the White House and attempts to get the acting attorney general and other senior officials to sign and send a draft letter containing false statements to state officials. Despite being told not to have unauthorized contact with the White House, co-conspirator 4 continued to speak with the defendant and attempted to coerce the acting attorney general and acting deputy attorney general to sign and send the letter just days before Congress's certification proceeding. The Justice Department officials refused. This attempted manipulation of the election process highlights the importance of upholding the integrity of democratic institutions and the dangers of political pressure on law enforcement agencies.

    • Defendant Pressured Vice President to Change Election ResultsDespite being informed of no evidence of election fraud and potential for riots, the defendant continued to spread false claims and urged supporters to travel to D.C., leading to Capitol riots.

      During the week of January 3rd, 2021, the defendant made multiple attempts to pressure the Vice President to alter the election results, including offering him the role of acting attorney general and suggesting that he could exceed his lawful authority during the certification proceeding. These efforts came after the defendant had been informed that there was no evidence of outcome-determinative fraud in the election and that any action could lead to riots. Despite this knowledge, the defendant continued to spread false claims of election fraud and urged his supporters to travel to Washington D.C. for the certification proceeding, ultimately leading to the Capitol riots.

    • Pressure on Vice President to Overturn Election ResultsIndividuals attempted to pressure Vice President to violate law, but he resisted and no court supported their plans. False claims of election fraud and calls for violent actions ensued.

      During the weeks leading up to the certification of the 2020 presidential election results, there were efforts made by individuals, including a coconspirator and the defendant, to pressure the vice president to violate the Electoral Count Act and reject or return electoral votes, despite knowing that such actions were not supported by the Constitution or the law. The vice president resisted these pressures, and no court would support the proposed plans. The defendant and his associates continued to make false claims of election fraud and pushed for violent actions to overturn the election results.

    • Pressure on Vice President Pence to change election resultsTrump associates pushed Pence to reject electors, despite knowing it was unlikely to succeed and could lead to violence.

      During the weeks leading up to the January 6th Capitol riots, key figures associated with then-President Trump attempted to pressure Vice President Pence to unilaterally reject electors from certain states in an attempt to overturn the election results. These efforts were based on false claims of widespread voter fraud and were made despite the understanding that such actions would likely be rejected by the courts and could lead to violent protests. The pressure on Pence continued on the day of the riots, with Trump encouraging his supporters to travel to Washington and falsely claiming that Pence had the power to reverse the election outcome. These actions represented a significant attempt to subvert the democratic process and undermine the legitimacy of the election results.

    • Trump's false claims and calls to action at the rally fueled Capitol riotsTrump's false election fraud claims and calls to action at the rally directly contributed to the Capitol riots, obstructing the certification of election results and interfering with others' right to vote.

      During the rally before the Capitol riots, Donald Trump made false claims about election fraud and urged his supporters to pressure Vice President Pence to change the election outcome. He also encouraged his followers to go to the Capitol to "fight like hell" and "take back our country." These false statements and calls to action directly contributed to the violent events that unfolded later that day, including the breach of the Capitol building and the evacuation of Vice President Pence. Trump's actions were integral to his criminal plans to obstruct the certification of the election results and interfere with others' right to vote and have their votes counted.

    • Refused to ask rioters to leave and contacted lawmakers to delay certificationThe defendant obstructed the certification process of the 2021 presidential election results by repeatedly refusing to ask rioters to leave the Capitol and contacting lawmakers with false claims of election fraud, causing a several-hour delay.

      During the Capitol riots on January 6, 2021, the defendant repeatedly refused to ask rioters to leave the capital and instead made false claims of a peaceful crowd. He also attempted to contact lawmakers to delay the certification of the election results based on knowingly false claims of election fraud. These actions obstructed and delayed the certification process for several hours. Despite being urged to withdraw his objections, the defendant refused, leading to the violent and chaotic scene at the Capitol. Ultimately, the certified election results were announced by the Vice President on the early morning of January 7, 2021.

    • Trump Indicted for Obstructing Elections and Conspiring Against RightsTrump and associates face 111-count indictment for obstructing official proceedings, conspiring against rights, and corruptly influencing electoral votes. Potential consequences include significant penalties if proven in court.

      Donald J. Trump and his coconspirators are accused of engaging in multiple acts to obstruct official proceedings, conspire against rights, and corruptly influence the certification of electoral votes, as detailed in a 111-count indictment. From November 2020 to January 2021, Trump allegedly conspired with unknown and known individuals to impede the certification process and intimidate voters. These actions are in violation of Title 18, United States Code Section 371, and could result in significant consequences if proven in court. The indictment also references attempts to obstruct official proceedings and conspiracy against rights. The special counsel, Jack Smith, from the United States Department of Justice, is handling the case. This information was presented in a Bulwark production. To access more in-depth analysis, newsletters, podcasts, and live events, consider becoming a member of Bulwark Plus.

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    This episode contains strong language.

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