A memo obtained by the New York Times reportedly reveals new potential evidence about the plot to overturn the the 2020 election results through the use of fake electors.
The memo was sent on December 6, 2020 by Trump attorney Kenneth Chesebro, whom news outlets have identified as “Co-Conspirator 5” in the Department of Justice’s indictment of former President Trump.
In the memo, Chesebro outlines what he acknowledged was a “bold, controversial strategy” that the Supreme Court would “likely” reject: the fake electors scheme, which falsely claimed that then-Vice President Pence, in his role as president of the U.S. Senate, had the power to block the certification of any of the 50 U.S. states’ votes on January 6, 2021.
Despite his acknowledgment, Chesebro claims that letting “matters play out” publicly “would guarantee that public attention would be riveted on the evidence of electoral abuses by the Democrats, and would also buy the Trump campaign more time to win litigation that would deprive [President-elect] Biden of electoral votes and/or add to Trump’s column.”
In other words, the memo asserts that the fake electors plan would give the Trump Administration more time to challenge the election results.
Chesebro in the memo appears to try to distance himself from the plan, writing, “I’m not necessarily advising this course of action, and the Vice President need not make a decision on how to proceed until January 6.”
The memo was not written directly to Trump attorney Rudy Giulani, yet one day later it ended up on Giuliani’s desk. Giuliani is identified in the indictment as “Co-Conspirator 1.”
Last week, Trump pleaded not guilty to four criminal counts related to alleged election interference: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
None of the six co-conspirators listed in the unsealed indictment of Trump were charged themselves.
Giuliani has met with prosecutors in the office of Special Counsel Jack Smith, but he has denied any claims that he has “flipped” on Trump.
