quired by the Twelfth Amendment to the Constitu-
tion and the Electoral Count Act of 1887 (3 U.S.C. 
15), and a majority of both the House of Represent-
atives and the United States Senate concluded as 
much through the House of Representatives’ vote to 
impeach Mr. Trump for high crimes and mis-
demeanors and the majority of the Senate voting to 
convict Mr. Trump of Incitement of Insurrection on 
February 13, 2021, with a vote of 57–43. 
(5) Evidence has come forward that Mr. Trump 
and his advisors strategically refused to accept the 
results of the 2020 Presidential Election in Novem-
ber 2020 and attempted to cast doubt on the elec-
tion results, including as follows: 
(A) Recorded testimony by Jason Miller, 
former 
Trump 
Campaign 
Senior 
Advisor, 
played during the June 13, 2022, hearing held 
by the Select Committee to Investigate the Jan-
uary 6th Attack on the United States Capitol 
(hereinafter referred to as the ‘‘January 6th 
Committee’’) revealed that Rudy Giuliani, Mr. 
Trump’s lawyer, urged Mr. Trump to declare 
victory on election night. Mr. Miller recalled 
Mr. Giuliani saying ‘‘They’re stealing it from 
us. Where did all the votes come from?’’. 
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(B) In the same hearing, recorded testi-
mony by William Stepien, former Trump Cam-
paign Manager, revealed that he encouraged 
Mr. Trump not to declare victory but rather to 
say that votes were still being counted and it 
was too early to declare a winner. Mr. Stepien 
testified that Mr. Trump disagreed with this 
approach. 
(C) In the same hearing, recorded testi-
mony by Mr. Stepien alluded to a divide within 
the White House between ‘‘Team Normal’’ and 
those insistent on challenging the election, in-
cluding Mr. Giuliani. 
(D) The January 6th Committee presented 
evidence in an October 13, 2022, hearing that 
an October 31, 2020, draft statement prepared 
by Tom Fitton, an outside advisor for Mr. 
Trump, indicated a plan for Mr. Trump to de-
clare victory on the night of the 2020 Election 
before all ballots were counted or the final re-
sults were known, claiming that all ballot-count-
ing must stop at that point in the evening. 
(6) Evidence has shown that Mr. Trump at-
tempted to implement a detailed strategy, drafted by 
his lawyer, John Eastman, to have Mr. Mike Pence 
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refuse to certify the 2020 Presidential Election re-
sults on January 6, 2021, despite Mr. Trump and 
his advisors being repeatedly advised that the plan 
was unconstitutional, including as follows: 
(A) A Memo from John Eastman to Mr. 
Trump outlined a 6-point detailed strategy, ti-
tled ‘‘January 6 scenario,’’ to overturn the 
2020 Presidential election. 
(B) Mr. Eastman’s plan involved Mr. 
Trump asking Mr. Pence to refuse to certify 
certain electoral votes from 7 States, announc-
ing that there were no electors validly appointed 
from these States and these States’ votes would 
need to be discarded, then announce the major-
ity of the valid electors voted for Mr. Trump in-
stead of Joseph Biden. 
(C) The memo continued that if Members 
of Congress opposed this unlawful change in 
the slates of electors for these States, Mr. 
Pence was to declare that neither candidate 
would reach the needed 270 electoral votes, 
then call for the vote to be made by the House 
of Representatives in a voting system that 
would assign each State one vote, under-
standing that Republicans controlled a majority 
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of States and would most likely vote for the re- 
election of Mr. Trump. 
(D) Recorded testimony by Marc Short, 
Mr. Pence’s Chief of Staff, played during the 
June 16, 2022, January 6th Committee hearing 
made clear that John Eastman presented legal 
theories to Mr. Pence that suggested that he 
had the authority to reject electors who voted 
for President Biden. Mr. Short testified that 
Mr. Pence was unconvinced by these theories, 
and in his book, Mr. Pence wrote that he ‘‘had 
told the president many times that the vice 
president, as president of the Senate, is af-
forded no authority to reject or return votes to 
the states and no vice president in history had 
ever asserted that authority.’’. 
(E) In the same hearing, recorded testi-
mony by Mr. Short confirmed that Mark Mead-
ows, former White House Chief of Staff, ac-
knowledged to him multiple times before Janu-
ary 6, 2021, that the Vice President had ‘‘no 
role’’ in changing the results of an election. 
(F) In the same hearing, recorded testi-
mony by Mr. Miller revealed that Pat Cipollone, 
former White House Attorney, expressed his be-
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lief that Mr. Eastman’s theory was ‘‘nutty,’’ 
and had told Mr. Eastman that he thought so. 
(G) In the same hearing, Greg Jacob, 
former counsel to Mr. Pence, testified that Mr. 
Eastman acknowledged in a January 5, 2021, 
conversation that if the matter went in front of 
the Supreme Court of the United States, they 
would lose, 9–0. Mr. Pence confirmed this in 
his book, writing: ‘‘. . . even Eastman had con-
ceded to Mr. Jacob that rejecting electoral votes 
was a bad idea and any attempt to do so would 
quickly be overturned by a 9–0 vote on the Su-
preme Court.’’. 
(H) In the same hearing, Mr. Jacob fur-
ther testified that Mr. Eastman acknowledged 
in that same conversation that no other Vice 
Presidents, past or future, should have the au-
thority to reject the results of an election. De-
spite this, Mr. Eastman reaffirmed to Mr. 
Jacob that Mr. Pence ought to reject the re-
sults of the election on January 6th. 
(I) In the same hearing, recorded testi-
mony by Eric Herschmann, former White 
House Attorney, revealed that Mr. Eastman ac-
knowledged that he was willing to accept that 
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there may be violence as a result of his efforts 
to overturn the election. 
(J) In the same hearing, recorded testi-
mony by Mr. Short revealed that Mr. Pence ad-
vised Mr. Trump that the Vice President had 
no legal or constitutional authority to interfere 
with an election. In his book, Mr. Pence wrote 
of the first time he heard of challenging the 
election results: ‘‘. . . there was no ambiguity in 
the Constitution or the law about the role of the 
vice president, and I never believed that the vice 
president’s role was anything more than cere-
monial.’’. 
(K) In his book, Mr. Pence also wrote that 
Mr. Trump questioned why Mr. Pence opposed 
Congressman Louie Gohmert’s lawsuit filed in 
Federal court asking ‘‘a Texas judge appointed 
by President Trump to declare that [Mr. 
Pence] had ‘exclusive authority and sole discre-
tion’ to decide which electoral votes should be 
counted.’’. Mr. Pence said that Mr. Trump 
‘‘came on strong’’ and said to him: ‘‘I don’t 
want to see ‘Pence Opposes Gohmert Suit’ as a 
headline this morning’’ and asked Mr. Pence ‘‘if 
it gives you power, why would you oppose it?’’. 
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Pence also wrote: ‘‘I told [President Trump], as 
I had told him many times before, that I did 
not believe I possessed the power under the 
Constitution to decide which votes to accept or 
reject. He just kept coming.’’. Mr. Pence said 
that Mr. Trump replied by saying: ‘‘You’re too 
honest’’ and told Mr. Pence that ‘‘hundreds of 
thousands are gonna hate your guts’’ and ‘‘peo-
ple are gonna think you’re stupid.’’. 
(L) Mr. Pence wrote in his book that Mr. 
Trump told him that ‘‘[Mr. Pence had] the ab-
solute right to reject electoral votes,’’ and told 
Mr. Pence ‘‘You can be a historic figure . . . 
but if you wimp out, you’re just another some-
body.’’. 
(M) Mr. Pence also wrote in his book that 
Mr. Trump told him ‘‘I think you have the 
power to decertify.’’. Mr. Pence wrote that he 
told the President again that he did not believe 
he had the authority, and that such authority 
‘‘belongs to the elected representatives of the 
people’’. When Mr. Pence said that they had a 
duty to support and defend the Constitution, 
Mr. Trump reportedly called him ‘‘naive’’ and 
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later suggested that he would ‘‘have to say that 
[Mr. Pence] did a great disservice’’. 
(N) Mr. Jacob testified in the June 16, 
2022, January 6th Committee hearing that in 
the evening of January 6, after the violence had 
been quelled, Mr. Eastman contacted him to 
ask whether Mr. Pence would consider ‘‘one 
more relatively minor violation’’ by delaying the 
certification of votes for ten days. 
(O) Mr. Trump and members of his ad-
ministration reportedly ran a ‘‘command cen-
ter’’, which has also been referred to as a ‘‘war 
room’’, in the days leading up to and on Janu-
ary 6 at the Willard InterContinental Wash-
ington, DC, hotel, with the purpose of pre-
venting the certification of Joseph Biden’s vic-
tory in the 2020 Presidential election. 
(P) This ‘‘command center’’ reportedly 
served as a central location for members of Mr. 
Trump’s administration to attempt to convince 
legislators not to vote for the certification of the 
2020 Presidential election results and to call on 
Mr. Trump’s supporters to pressure elected of-
ficials not to certify those results. 
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(Q) Those working at the ‘‘command cen-
ter’’ also reportedly attempted to pressure Mr. 
Pence to delay or block the certification of the 
2020 Presidential election results. 
(R) 
Recorded 
testimony 
by 
Eric 
Herschmann, former White House Attorney, 
played during the June 16, 2022, January 6th 
Committee hearing revealed that Mr. Giuliani 
seemed to concede on the morning of January 
6 to Mr. Herschmann’s belief that the Vice 
President had no authority to reject the results 
of the election, admitting: ‘‘Look, I believe that 
you’re probably right.’’. 
(S) Despite advice that the Vice President 
could not reject electors, including from Mr. 
Pence, on January 5, 2021, Mr. Trump tweeted 
that ‘‘The Vice President has the power to re-
ject fraudulently chosen electors’’. 
(T) On January 6, 2021, when Mr. Pence 
did not attempt to reject the electors, Mr. 
Trump tweeted: ‘‘Mike Pence didn’t have the 
courage to do what should have been done to 
protect our Country and our Constitution, giv-
ing States a chance to certify a corrected set of 
facts, not the fraudulent or inaccurate ones 
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which they were asked to previously certify. 
USA demands the truth!’’. In Mr. Pence’s book, 
reflecting on the rioters ‘‘ransacking the Cap-
itol’’ and some of them chanting ‘‘Hang Mike 
Pence!’’, he wrote that ‘‘[President Trump] had 
decided to be part of the problem.’’. 
(7) Evidence has shown that Donald Trump in-
tentionally cast doubt on the legitimacy of the 2020 
Presidential election through promoting unfounded 
theories of voter and election fraud, despite being 
advised no significant fraud existed, including as fol-
lows: 
(A) Donald Trump spent months pro-
moting the false narrative that the 2020 Presi-
dential Election was fraudulent, tweeting and 
making statements including: ‘‘[b]ecause of the 
new and unprecedented massive amount of un-
solicited ballots which will be sent to ‘voters’, or 
wherever, this year, the Nov 3rd Election result 
may NEVER BE ACCURATELY DETER-
MINED, which is what some want’’ on Sep-
tember 17, 2020; ‘‘We have to win the election. 
We can’t play games. Go out and vote. Do 
those beautiful absentee ballots, or just make 
sure your vote gets counted. Make sure because 
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