The Trump Insurrection Players - National Security Media

GOVERNMENT’S MOTION FOR IMMUNITY DETERMINATIONS

SECTION 1

SECTION 2

SECTION 3

SECTION 4

UNITED STATES OF AMERICA v. DONALD J. TRUMP,

Defendant. * * * * * * * *

CRIMINAL NO. 23-cr-257 (TSC)

GOVERNMENT’S MOTION FOR IMMUNITY DETERMINATIONS

I. Factual Proffer

A. Formation of the Conspiracies

B. The Defendant Knew that His Claims of Outcome-Determinative Fraud Were False

C. The Defendant Aimed Deceit at the Targeted States to Alter Their Ascertainment and Appointment of Electors

1. ARIZONA

2. GEORGIA

3. MICHIGAN

4. NEVADA

5. PENNSYLVANIA

6. WISCONSIN

7. VOTING MACHINES IN MULTIPLE STATES

D. The Defendant Organized and Caused His Electors to Submit Fraudulent Certificates Creating the False Appearance That States Submitted Competing Electoral Slates

E. The Defendant Attempted to Persuade Pence to Reject Votes Cast by Duly- Appointed Electors and Choose the Defendant's Fraudulent Ones

F. The Defendant Caused Unlawful Conduct on January 6 and Tried to Take Advantage of the Riot that Ensued

II Legal Framework

III. None of the Allegations or Evidence Is Protected by Presidential Immunity

A. The Defendant's Interactions with Pence

1. The defendant's interactions with Pence as the President of the Senate were official, but the rebuttable presumption of immunity is overcome

2. The defendant's interactions with Pence as a running mate were unofficial

3. P58 one-on-one interactions with were unofficial

B. The Defendant's Interactions, in his Capacity as a Candidate, with Officials in the Targeted States

THE PLAYERS

CO-CONSPIRATORS

CC1: Rudy Giuliani

CC2: John Eastman

CC3: Sydney Powell

CC4: Jeffry Clark

CC5: Kenneth Cheesboro

CC6: Boris Epshteyn

PERSONS

P1: STEVE BANNON, TRUMP ADVISER

P2: BILL STEPIEN, CAMPAIGN MANAGER

P3: JUSTIN CLARK, DEPUTY CAMPAIGN MANAGER

P4: JASON MILLER, SENIOR CAMPAIGN ADVISER

P5: MIKE RONAN, CAMPAIGN EMPLOYEE

P6: PRIVATE CITIZEN CAMPAIGN ADVISER (TWO CITIES PG. 5)

P7: HOPE HICKS, WHITE HOUSE AND TRUMP CAMPAIGN STAFFER

P8: MARC SHORT, CHIEF OF STAFF TO VICE PRESIDENT PENCE

P9: ERIC HERSCHMANN, TRUMP WHITE HOUSE STAFFER AND ATTORNEY

P10: JOSEPH DIGENOVA, TRUMP ATTORNEY

P11: VICTORIA TOENSING, TRUMP ATTORNEY

P12: JENNA ELLIS, TRUMP ATTORNEY

P13: JARED KUSHNER, TRUMP SON-IN-LAW

P14: IVANKA TRUMP, TRUMP DAUGHTER

P15: WHITE HOUSE STAFFER WHO TRAVELED WITH TRUMP (CITE PG. 22)

P16: DOUG DUCEY, GOVERNOR OF ARIZONA

P17: BRIAN KEMP, GOVERNOR OF GEORGIA

P18: RUSTY BOWERS, SPEAKER OF THE ARIZONA HOUSE OF REPRESENTATIVES

P19: CHRISSTINA BOBB, CAMPAIGN STAFFER AND TRUMP ATTORNEY

P20: ATTORNEY TO REP. RUSTY BOWERS (R-AZ)

P21: MARK MEADOWS, TRUMP CHIEF OF STAFF

P22: TRUMP CAMPAIGN ATTORNEY (CITE PG. 22)

P23: RAY SMITH, TRUMP PERSONAL ATTORNEY

P24: JACKI PICK, TRUMP AGENT

P25: GABRIEL STERLING, COO OF THE OFFICE OF THE GEORGIA SECRETARY OF STATE

P26: CHRIS CARR, GEORGIA ATTORNEY GENERAL

P27: DAVID PERDUE, FORMER U.S. SENATOR (R-GA)

P28: KELLY LOEFFLER, FORMER U.S. SENATOR (R-GA)

P29: SHAYE MOSS, GEORGIA ELECTION WORKER

P30: RUBY FREEMAN, GEORGIA ELECTION WORKER

P31: CLETA MITCHELL, TRUMP CAMPAIGN ATTORNEY

P32: KURT ROBERT HILBERY, ATTORNEY FOR TRUMP IN TRUMP V. KEMP

P33: BRAD RAFFENSPERGER, GEORGIA SECRETARY OF STATE (R-GA)

P34: GEOFF DUNCAN, GEORGIA LIEUTENANT GOVERNOR (R-GA)

P35: RYAN GERMANY, GENERAL COUNSEL FOR GEORGIA SECRETARY OF STATE

P36: ???

P37: MIKE SHIRKEY, MICHIGAN SENATE MAJORITY LEADER

P38: LEE CHATFIELD, SPEAKER OF THE MICHIGAN HOUSE OF REPRESENTATIVES

P39: RONNA MCDANIEL, FORMER CHAIRWOMAN OF THE REPUBLICAN NATIONAL COMMITTEE

P40: ???

P41: TRUMP CAMPAIGN OPERATIVE IN MICHIGAN (CITE PG. 34)

P42: MOLLY MICHAEL, RUDY GIULIANI'S EXECUTIVE ASSISTANT

P43: JUSTIN RIEMER, RNC CHIEF COUNSEL

P44: LIZ HARRINGTON, FORMER RNC SPOKESPERSON

P45: DAN SCAVINO, FORMER DEPUTY WHITE HOUSE CHIEF OF STAFF

P46: LAWRENCE TABAS, CHAIRMAN OF THE PENNSYLVANIA REPUBLICAN PARTY

P47: AL SCHMIDT, PHILADELPHIA CITY COMMISSIONER

P48: BERNARD 'BERNIE' KERIK, TRUMP AGENT

P49: BRIAN HAGEDORN, WISCONSIN SUPREME COURT JUSTICE (R-WI)

P50: CHRISTOPHER KREBS, CISA DIRECTOR AT DHS

P51: TUCKER CARLSON, TRUMP ADVISER AND FORMER FOX NEWS PERSONALITY

P52: WILLIAM BARR, FORMER U.S. ATTORNEY GENERAL

P53: JACK WILENCHIK, TRUMP CAMPAIGN ATTORNEY IN ARIZONA

P54: CAMPAIGN STAFFER (CITE PG. 52)

P55: MARIA RYAN (OR P56) (CITE PG. 52)

P56: MARIA RYAN (OR P55) (CITE PG. 52)

P57: THOMAS MARINO, FORMER U.S. REPRESENTATIVE AND U.S. ATTORNEY

P58: GREG JACOB, COUNSEL TO VICE PRESIDENT MIKE PENCE

P59: PAT CIPOLLONE, FORMER WHITE HOUSE COUNSEL

P60: KAYLEIGH MCENANY, FORMER WHITE HOUSE PRESS SECRETARY

P61: ARIZONA STATE REPUBLICAN POLITICIAN

P62: KEN PAXTON, TEXAS ATTORNEY GENERAL

P63: ERIC SCHMITT, FORMER MISSOURI ATTORNEY GENERAL AND CURRENT U.S. SENATOR

P64: CAROLINE WREN, TRUMP FUNDRAISER AND AIDE TO KIMBERLY GUILFOYLE

P65: JULIE FANCELLI, PUBLIX HEIRESS AND TRUMP MEGADONOR

P66: KATRINA PIERSON, FORMER TRUMP CAMPAIGN AGENT

P67: SHEALAH CRAIGHEAD, FORMER WHITE HOUSE PHOTOGRAPHER

P68: MICHAEL FLYNN, FORMER TRUMP NATIONAL SECURITY ADVISOR

P69: PETER NAVARRO, FORMER WHITE HOUSE TRADE ADVISER

P70: IVAN RAIKLIN, TRUMP CAMPAIGN SURROGATE

P71: PATRICK PHILBIN, DEPUTY WHITE HOUSE COUNSEL

P72: MATT MORGAN, WHITE HOUSE AIDE

P73: CAMPAIGN STAFFER WORKING WITH ERIC HERSCHMANN (CITE PG. 152)

P74: GEORGIA HEARING WITNESS J. CHRISTIAN ADAMS OR MATT BRAYNARD (CITE PG. 152)

P75: MANAGING DIRECTOR OF BERKELEY RESEARCH GROUP OR SIMPATICO

P76: MARC KASOWITZ, TRUMP PRIVATE ATTORNEY (CITE PG. 13)

P77: STEFAN PASSANTINO, WHITE HOUSE COUNSEL'S OFFICE ETHICS ATTORNEY (CITE PG. 151)