(The Hill) — Documents and texts stemming from the House investigation into Jan. 6, 2021, offer new details about the extent House Republicans, particularly members of the Freedom Caucus, were involved in plans to unwind the 2020 election — even as lawyers at the White House warned them their proposals could be illegal.
The content — released in the committee’s court battle against Mark Meadows and in a trove of texts to the former chief of staff obtained by CNN — outlines a lengthy list of Republicans involved in conversations with the White House about planning for the rallies on Jan. 6 and efforts to oppose the certification of votes that day.
Taken together, the messages show how early the White House reached out to lawmakers in its effort to keep former President Donald Trump in office.
They also show a consistent effort by various members to strategize over how to keep Trump in office after his election loss.
That effort ranged from selecting alternate slates of electors from swing states ahead of the Electoral College vote to directing the crowd to the Capitol after the Jan. 6 rallies to discussing the possibility that Trump declare martial law days before he was set to leave office.
Testimony from Cassidy Hutchinson, a former special assistant to the president and Meadows, relays that Meadows, a former Freedom Caucus chairman, was the one to make “outreach” to members of the conservative caucus, including then-Rep-elects. Marjorie Taylor Greene (R-Ga.) and Lauren Boebert (R-Colo.) and Reps. Scott Perry (R-Pa.) and Jim Jordan (R-Ohio).
Hutchinson identified those four as being involved in the earliest stages of efforts to unwind the election.
Texts to Meadows as early as three days after Election Day 2020 show lawmakers rallying around the idea of alternate electors.
“I’m sure you have heard of this proposal,” Rep. Andy Biggs (R-Ariz.) texted to Meadows on Nov. 6. “Is anybody on the team researching and considering lobbying for that?”
As early as the first or second week of December, the White House’s own counsel was pushing back against the idea.
“Hey, this isn’t legally sound, we have fleshed this out internally, it’s fine that you think this but we’re not going to entertain this in an official White House capacity on behalf of the President, we’re putting a stop to this,” Hutchinson characterized the White House Counsel’s Office as saying.
That message was relayed to at least Perry, Jordan, and Reps. Matt Gaetz (R-Fla.) and Louie Gohmert (R-Texas), according to Hutchinson.
By Dec. 21, a larger group was meeting at the White House with Trump campaign attorney Rudy Giuliani, where the focus had shifted to the ways former Vice President Mike Pence could buck his ceremonial duty to certify the election results.
That group attending that meeting included Jordan, Brooks, Biggs, Gaetz, Greene, Gohmert, Perry, and Reps. Jody Hice (R-Ga.), Paul Gosar (R-Ariz.) and Debbie Lesko (R-Ariz.), Hutchinson said.
“They felt that he had the authority to — pardon me if my phrasing isn’t correct on this, but — send votes back to the states or the electors back to the states, more along the lines of the Eastman theory,” Hutchinson said, referring to John Eastman, who crafted two memos for the Trump campaign outlining how to challenge the election.
“I don’t recall anybody speaking out and definitively expressing disagreement with that theory,” she said of the lawmakers, adding that “the vice president’s team appeared slightly skeptical.”
Later that day, Brooks suggested to Meadows they try to frame the meeting as being both positive and productive after being contacted by reporters.
“Media is contacting my office about this afternoon’s White House meeting regarding formulation of our January 6 strategies,” Brooks wrote to Meadows. “Does the White House want me to reply or be mum? Also, it is one thing to discuss (in general terms) our meeting beforehand. It is another to discuss afterward.
“If you believe discussion is a positive, I suggest message should be: 1. Progress is being made. 2. More are joining our fight. 3. We can’t allow voter fraud & election theft occur if we are going to be a republic. Your choice. Let me know,” he concluded.
About a week after the meeting, Greene complained to Meadows they didn’t get enough time to chat with Giuliani about the strategy.
“We have to get organized for the 6th. I would like to meet with Rudy Giuliani again. We didn’t get to speak with him long. Also anyone who can help. We are getting a lot of members on board. And we need to lay out the best case for each state,” she texted Meadows on New Year’s Eve.
While lawmakers were coordinating with the legal team through the White House, Perry was involved with Trump’s pressure campaign at the Department of Justice (DOJ), texting Meadows on both Dec. 26 and Dec. 28 to encourage him to make contact with Jeffrey Clark. Trump would later weigh installing Clark, a mid-level DOJ official who primarily worked on environmental issues, as acting attorney general in order to forward investigations into his baseless election fraud claims.
But new testimony released by the committee shows DOJ staff pushed back as Clark tried to get a memo directly to Pence to encourage him to not certify the election results on Jan. 6.
“Mr. Clark suggested that OLC provide a legal opinion to the Vice President with respect to his authority when it comes to opening the votes as the President of the Senate on Jan. 6,” Steven Engel, who served as assistant attorney general for the Office of Legal Counsel at DOJ under Trump, told the committee.
“And I shot down that idea, but I said — I said: That’s an absurd idea. The — you know, the Vice President is acting as the President of the Senate. It is not the role of the Department of Justice to provide legislative officials with legal advice on the scope of their duties. And — you know, and — not to mention it was 3 days from the date. OLC doesn’t tend to provide the legal opinions, you know, in those cases, you know, in that short timeframe,” he added.
As Jan. 6 neared, lawmakers were once again coordinating with the White House about preparations for the day, including a discussion over whether to actively encourage rallygoers to march to the Capitol.
“I remember Mr. Perry had said that he had been starting to put tweets that night, Congressman Perry, that he was going to start putting out tweets that night, and he was a primary participant in the call,” Hutchinson said.
“I don’t think there’s a participant on the call that had necessarily discouraged the idea,” she added. “I don’t recall every single participant on the call that night, but I do recall it was a Freedom Caucus call.”
Gaetz would also go on to advertise on Jan. 5 during an appearance on Fox News that there could be “tens of thousands of people potentially marching in the streets in Washington, D.C., tomorrow.”
The same two troves show many GOP lawmakers would text Meadows as the chaos was unfolding at the Capitol, with some pleading for the chief of staff to get Trump to take action.
And other prior reporting shows that some Republicans who were initially involved eventually backed away from White House efforts amid their own doubts.
Still, another text from Greene just days before President Joe Biden’s inauguration shows Greene — and evidently other members — were hopeful Trump might still try to resist any effort to swear in a new president and provide lawmakers tools to go after the new president.
“In our private chat with only Members, several are saying the only way to save our Republic is for Trump to call for Marshall law. I don’t know on those things. I just wanted you to tell him,” she texted Meadows on Jan. 17.
“They stole this election. We all know. They will destroy our country next. Please tell him to declassify as much as possible so we can go after Biden and anyone else!” she added.