Subverting Justice: How the Former President and His Allies Pressured DOJ to Overturn the 2020 Election

"A . The Senate Judiciary Committee’s Investigation

On January 22, 2021, the New York Times reported that Jeffrey Bossert Clark, the former Acting Assistant Attorney General for the Department of Justice’s (DOJ) Civil Division, sought to involve DOJ in efforts to overturn the 2020 presidential election results and plotted with then President Trump to oust Acting Attorney General Jeffrey Rosen, who reportedly refused Trump’s demands.1 On January 23, 2021, the Wall Street Journal reported that Trump had urged DOJ to file a lawsuit in the Supreme Court seeking to invalidate President Biden’s victory.2 These reports followed Trump’s months-long effort to undermine the results of the election, which culminated in the violent insurrection at the United States Capitol on January 6, 2021.

The Senate Committee on the Judiciary immediately launched an investigation into Trump’s reported efforts to enlist DOJ in his election subversion scheme. On January 23, 2021, the Committee asked DOJ to produce documents related to these efforts. DOJ cooperated with the Committee’s request, producing several hundred pages of calendars, emails, and other documents in the ensuing months.

On May 20, 2021, following DOJ’s production of emails from former White House Chief of Staff Mark Meadows to Rosen asking DOJ to investigate several debunked election fraud claims, the Committee asked the National Archives and Records Administration (NARA) for additional Trump White House records related to Trump’s attempts to secure DOJ’s help in overturning the election results. The Committee’s request sought White House records between November 3, 2020 and the end of Trump’s presidency related to meetings and communications between and among White House and DOJ officials. NARA has not responded to date, and has represented to the Committee that the delay in transitioning electronic Trump records from the White House to NARA may prevent the Committee from obtaining a response for several more months.

In addition to obtaining and reviewing documents, the Committee interviewed key former DOJ personnel, including Rosen, former Principal Associate Deputy Attorney General Richard Donoghue, and former U.S. Attorney for the Northern District of Georgia Byung Jin (“BJay”) Pak. DOJ and the White House authorized these witnesses to testify about their internal communications without restriction, citing the Committee’s “compelling legislative interests … in understanding these extraordinary events: namely, the question whether former President Trump sought to cause the Department to use its law enforcement and litigation authorities to advance his personal political interests with respect to the results of the 2020 presidential election.

The Committee also requested to interview Clark, whom DOJ authorized to testify on the same terms as the other former DOJ officials. DOJ authorized Clark’s appearance on July 26, 2021. More than two months after DOJ authorized him to testify without restriction, Clark still has not agreed to the Committee’s request that he sit for a voluntary interview..."
Overturn 2020 Election Pressure 

The 2020 Elections: Selected Resources for Members and Constituents

"The onset of the COVID-19 pandemic and reports of potential election interference might raise questions for Members and constituents about the 2020 elections. Potential disinformation campaigns and changes to election procedures in response to COVID-19 might make it more difficult for voters to determine how to register and vote. Voters might also be concerned about possible effects of COVID-19 or interference efforts on their safety or on the security of election workers or the electoral process itself.

This Insight shares selected resources Members and constituents might find helpful for navigating such questions. It links to information about (1) how to register and vote in 2020, and (2) how federal agencies are responding to potential election interference efforts and election effects of COVID-19. This product focuses on resources available from government officials and some of the organizations that support them, such as the National Association of Secretaries of State (NASS) and National Conference of StateLegislatures (NCSL). Additional information may be available from media outlets or nonprofit groups.

Registering and Voting in 2020

States, territories, and localities have primary responsibility for administering elections in the United States, and their election officials are generally the most authoritative sources of information about when,where, and how to register and vote. NASS, which represents the officials who serve as the chief electionofficial in most states and territories, and the U.S. Election Assistance Commission (EAC), which was established after the 2000 elections to help improve the administration of federal elections, each maintain a website that links to official state, territorial, and local election information. NASS’s site and the EAC’s site both provide access to contact information for election officials and state-specific tools for performing common voter activities, such as registering to vote, confirming voter registration status, locating a polling place, and checking requirements for voting early or by mail. The U.S. Department of Defense’s Federal Voting Assistance Program, which is charged with carrying out certain responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act of 1986, maintains a Voting AssistanceGuide that is directed primarily at overseas civilians and military personnel..."
2020 Election