- c. P15
P15 was an Assistant to the President and Director of Oval Office Operations.[1] At trial, the Government will elicit from P15 that he witnessed an unprompted comment that the defendant made to his family members in which the defendant suggested that he would fight to remain in power regardless of whether he had won the election. Specifically, following the 2020 election while aboard Marine One, the defendant told his wife, daughter P14 and son-in-law P13 "It doesn’t matter if you won or lost the election. You still have to fight like hell." See supra p. 14-15.[2] P15 happened to overhear this comment, but was not participating in the conversation.[3]
This statement is plainly private. It was exclusively about the election and the defendant's determination, as a candidate, to remain in power whether he won or lost. The defendant made the comment to his family members, who campaigned on his behalf and served as private advisors (in addition to any official role they may have played). The fact that it was overheard by P15 a White House staffer, does not convert it to an official communication.
- d. P42
To a limited extent, the allegations in the superseding indictment and the Government's evidence involve P42 the defendant's executive assistant in the White House. Section I describes multiple instances in which P42 received emails intended for the defendant or sent emails on the defendant's behalf. These instances include: P42 sending to a group of private attorneys, including CC3 an email with the subject "From POTUS" directing the private attorneys to include material critical of C3 in private lawsuits (see supra
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