- b. P45
P45 served as Assistant to the President and White House Deputy Chief of Staff.[1] He also volunteered his time for Campaign work, including traveling to political rallies with the defendant and posting pictures and videos.[2] The Government will elicit from P45 at trial that he was the only person other than the defendant with the ability to post to the defendant's Twitter account, that he sent tweets only at the defendant's express direction, and that P45 did not send certain specific Tweets, including one at 2:24 p.m. on January 6, 2021.[3] He also will generally describe the defendant's Twitter knowledge and habits, including that the defendant was "very active on his Twitter account," "paid attention to how his tweets played with his followers," "was very engaged in watching the news," and "knew how to read the replies and see all the replies of what people were saying and doing which. . .led to where he would retweet things," and that any Tweet sent "between 5 or 6 a.m. or until 9 or 10 p.m." generally was the defendant personally sending out the Tweet, as opposed to having P45 do it. None of this proposed testimony on P45 's part constitutes evidence of an official act. General information about access to the defendant's Twitter account, as well as P45 's testimony that P45 did or did not issue a particular Tweet, is unrelated to any particular official act by the defendant.
- c. P7
P7 was an Assistant to the President and a volunteer for the Campaign. [4] She will testify about two specific sets of conversations: (1) a handful of conversations in which the defendant, in advance of the election, said that he would simply declare victory (supra p. 5); and
- 154 -
