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UNITED STATES OF AMERICA v. DONALD J. TRUMP,

Defendant. * * * * * * * *

CRIMINAL NO. 23-cr-257 (TSC)

GOVERNMENT’S MOTION FOR IMMUNITY DETERMINATIONS

On November 20, three days before Michigan’s Govemor signed a certificate of ascertainment appointing Biden’s electors based on the popular vote, the defendant met with MIKESHIRKEY and LEECHATFIELD Michigan’s Senate Majority Leader and Speaker of the House, at the Oval Office. The defendant initiated the meeting by asking RNC Chairwoman RONNAMCDANIEL to reach out to LEECHATFIELD and gauge his receptivity to a meeting. The defendant also asked RONNAMCDANIEL to participate in the meeting, but RONNAMCDANIEL told him that she had consulted with her attorney and that she could not be involved in a meeting with legislators because it could be perceived as lobbying. After RONNAMCDANIEL made the first contact, on November 18, the defendant reached out to MIKESHIRKEY and LEECHATFIELD to extend an invitation. The same day that he contacted MIKESHIRKEY and LEECHATFIELD the defendant issued a false Tweet: “In Detroit, there are FAR MORE VOTES THAN PEOPLE. Nothing can be done to cure that giant scam. I win Michigan!”

When the defendant called MIKESHIRKEY and LEECHATFIELD to invite them to the White House, he did not provide the topic of the meeting, but he did ask about allegations of fraud in the election in Michigan. The legislators told him that they and the Michigan legislature were examining the allegations. Both MIKESHIRKEY and LEECHATFIELD assumed that the defendant wanted to see them to discuss claims of election fraud, and they wanted to be fim that they had not seen evidence that would change the outcome of the election. For this reason, and to avoid talking only about election fraud, they prepared materials to raise regarding COVID-19, and planned in advance to release a statement once the meeting was over that said that the legislators were unaware of information that would change the outcome of the election.

Over the course of the meeting, the defendant dialed in both RONNAMCDANIEL-despite her request not to participate-and GIULIANI . MARKMEADOWS was present for some, but not all, of the meeting. After some small talk with the legislators in the Oval Office, the defendant raised various fraud claims, including that he had lost Michigan because of fraud or misconduct in Wayne County, where Detroit is located. MIKESHIRKEY corrected the defendant and told him that he had lost primarily because in two routinely Republican counties, the defendant had underperformed with educated females, and if he had received the same number of votes there as the two winning local sheriffs. he likely would have won Michigan. MIKESHIRKEY could tell by the defendant’s body language that he was not happy to hear MIKESHIRKEY assessment. Notably, the defendant only raised fraud claims to the extent that they affected the outcome in his own race, not those for other offices in Michigan.

GIULIANI participation came after the legislators assured the defendant that they were looking into fraud claims; the defendant dialed GIULIANI into the meeting and said, GIULIANI tell them what’s going on.” GIULIANI then launched into a fraud monologue. Finally, MIKESHIRKEY interrupted and asked, “So when are you going to file a lawsuit in Michigan?” a question that GIULIANI ignored and did not answer.

Immediately after the meeting, MIKESHIRKEY and LEECHATFIELD released a public statement in which they stated that they had not yet been made aware of any information that would change the outcome of the election in Michigan.” On November 21, the defendant acknowledged MIKESHIRKEY and LEECHATFIELD statement when he tweeted, This is true, but much different than reported by the media” and implicitly conceded that he had not provided evidence of fraud yet when he added, “We will show massive and unprecedented fraud!” Days later, the defendant’s Campaign declined to request a state-wide recount in Michigan, for which it would have had to pay unless the recount succeeded in changing the outcome of the election.

Despite failing to establish any valid fraud claims, GIULIANI followed up with MIKESHIRKEY and LEECHATFIELD and attempted to pressure them to use the Michigan legislature to overturn the valid election results. On December 4, GIULIANI sent a message to LEECHATFIELD claiming that Georgia was poised to do so (based on GIULIANI and JOHNEASTMAN false advocacy there in the December 3 hearing) and asked LEECHATFIELD for help: Looks like Georgia may well hold some factual hearings and change the certification under ArtII sec 1 cl 2 of the Constitution. As JOHNEASTMAN explained they don’t just have the right to do it but the obligation. .. .Help me get this done in Michigan.” On December 7. GIULIANI attempted to send MIKESHIRKEY a message (though failed because he typed the wrong number into his phone): “So I need you to pass a joint resolution from the Michigan legislature that states that, * the election is in dispute, * there’s an ongoing investigation by the Legislature, and * the Electors sent by Governor Whitmer are not the official Electors of the State of Michigan and do not fall within the Safe Harbor deadline of Dec 8 under Michigan law.” Campaign operative MIKEROMAN was involved in the drafting of this message with the assistance of P41 who was associated with the defendant’s Campaign efforts in Michigan.” The following day. GIULIANI shared the draft with the defendant, sending it to his executive assistant, MOLLYMICHAEL by email.

These efforts failed. On December 14, the day that duly-appointed electors across the country met and cast their electoral votes, MIKESHIRKEY and LEECHATFIELD issued public statements confirming that the defendant had lost Michigan and the legislators still had not received evidence of outcome-determinative fraud in their state. MIKESHIRKEY public statement included, “[W]e have not received evidence of fraud on a scale that would change the outcome of the election in Michigan, ” LEECHATFIELD stated, in part:

We’ve diligently examined these reports of fraud to the best of our ability. fought hard for President Trump. Nobody wanted him to win more than me. I think he’s done an incredible job. But I love our republic, too. I can’t fathom risking or norms, traditions and institutions to pass a resolution retroactively changing the electors for Trump, simply because some think there may have been enough widespread fraud to give him the win. That’s unprecedented for good reason. And that’s why there is not enough support in the House to cast a new slate of electors. I fear we’d lose our country forever. This truly would bring mutually assured destruction for every future election in regards to the Electoral College. And I can’t stand for that. I won’t.

On January 3, the defendant’s Campaign publicly posted MIKESHIRKEY phone number, and attempted to post LEECHATFIELD (but erred by one digit), in a Tweet urging, “Contact Speaker LEECHATFIELD & Senate Majority Leader MIKESHIRKEY!” MIKESHIRKEY received four thousand text messages in two hours, forcing him to get a new phone number.”