Section I also includes actions by P9 that do not reflect any presidential conduct because the defendant was not involved. These include December 3 text messages that P9 exchanged with P21 regarding CC1 false fraud claims at a Georgia legislative hearing (ECF No. 226 ¶ 26(a); supra pp. 21-22), and December 13 text messages P9 exchanged with Campaign personnel regarding the fraudulent elector scheme (ECF No. 226 ¶ 60; supra pp. 52-53).
The content of each of P9 communications with the defendant enumerated above involve the defendant's Campaign, including the status and viability of the defendant's fraud claims, the quality of the advice the defendant was receiving from his Campaign advisors, his litigation and electoral prospects, and the legality and practicality of CC2 proposal that Pence reject Biden's legitimate electors at the certification proceeding. None of the communications pertain to general election policy issues or considerations, Justice Department criminal investigations, Executive Branch functions, or any other presidential responsibilities.
As context for all these communications, the Court should consider P9 relationship with the defendant, his role in the White House, and his interactions with the Campaign. P9 relationship with the defendant and his family pre-existed his position in the White House, and P9 represented the defendant in his impeachment trial. P9 did not have a defined portfolio, and worked on matters related to the Justice Department, including the Portland riots and Section 230 of the Communications Decency Act, as well as Middle East issues and pardons.[1] The Government does not intend to elicit specific information about communications P9 had with the defendant regarding his official duties.
- ↑ GA 671, 697 ( ); GA 700 ( ).
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