of one of its managing directors, P75 in his cell phone; some of those calls occurred at the White House.[1] P9 directly passed the information to the defendant.[2]
P9 had other contact regarding initiatives by the Campaign or its outside attorneys. For example, P9 was on a call with the defendant and CC2 on December 9 regarding the defendant's motion, in his capacity as a candidate, to intervene in Texas v. Pennsylvania.[3] Separately, P9 spoke to the defendant about the lawsuit, and explained how the legal system worked and that the Campaign—not the Justice Department or FBI—was responsible for filing election challenge lawsuits.[4]
Throughout these conversations, even if P9 could be understood to have been acting in official capacity—which he was not—rather than a Campaign one, the defendant was himself acting in his private capacity as a candidate. The defendant was asking for P9 view on various strategic decisions he was making regarding his Campaign and his private attorneys, and he was getting reports from P9 on information related to actual and potential election challenges important to his candidacy and private Campaign. All of this context establishes both that P9 wore two hats—one official, one private—and that the defendant interacted with P9 in these conversations as a candidate rather than as President. The interactions between the defendant and P9 that the Government intends to introduce at trial were thus all private.
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