- a. P9
From August 2020 through the end of the defendant's administration, P9 was an Assistant to the President without a defined portfolio.[1] More importantly for the Court’s purposes, during the charged conspiracies, P9 served as a conduit of information from the Campaign to the defendant and discussed Campaign matters with the defendant. These actions were, consistent with In re Lindsey, unofficial.
As part of its immunity analysis, the Court should consider multiple different interactions involving P9 none of which bear on his official White House responsibilities: (1) a November 13 phone call in which the defendant told P9 he was going to put CC1 in charge of the Campaign's legal efforts under an agreement where the defendant only would pay if were CC1 successful, and P9 guaranteed the defendant he never would have to pay (supra pp. 11-12); (2) a November conversation with the defendant regarding CC3 (supra p- 44); (3) an undated conversation in which he told the defendant that CC1 fraud allegations could never be proved in court and the defendant responded, "the details don't matter" (supra pp. 12-13); (4) a November or December 2020 conversation in which P9 explained to the defendant why one of his fraud claims was "bullshit" (supra p. 13); (5) a late December exchange with the defendant regarding the verification CC2 wanted him to sign in Trump v. Kemp (supra p. 27); (6) a January 4, 2021, conversation P9 had with CC2 (ECF No. 226 ¶ 77; supra p. 66), after which reported to the defendant that CC2 had admitted his plan was "not going to work" (supra p. 66); and (7) a variety of occasions on which P9 reported to the defendant that his Campaign and its hired experts had found various election fraud claims to be unsupported (supra p. 12).
- ↑ GA 671 ( )
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