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The Fake Elector Scheme: Manufacturing Alternative Facts
As legitimate avenues for overturning the election closed, Trump's team devised a scheme to create fake electoral college votes in seven states he had lost: Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. On December 14, 2020 - when legitimate electors were meeting to cast votes - these fake electors also met and purported to cast votes for Trump.
Kenneth Chesebro, an outside legal advisor to the Trump Campaign, laid the groundwork through a series of memos. His December 13th email to Giuliani, titled "President of the Senate strategy," argued that Vice President Pence could unilaterally decide to count only Trump's fake electoral votes, claiming he had sole constitutional authority to determine which votes to count when "conflicting votes" existed.
Chesebro acknowledged the plan faced legal obstacles in several states, describing the situation as "slightly problematic in Michigan," "somewhat dicey in Georgia and Pennsylvania," and "very problematic in Nevada." Nevertheless, he argued that merely submitting fake electoral votes would create enough pretext for Pence to disregard Biden's legitimate votes.
Trump personally called RNC Chairwoman Ronna McDaniel to enlist the RNC's help, introducing her to John Eastman who explained "the importance of the RNC helping the campaign to gather these contingent electors." The operation involved deliberate secrecy and deception. In Georgia, participants were instructed to maintain "complete secrecy" and to tell guards they were attending meetings with specific senators. In Michigan, after an attorney's plan to have electors "hide overnight" in the capitol was rejected as "insane and inappropriate," they met at GOP headquarters where staff prohibited phones.
Many Republicans recruited as fake electors expressed serious reservations about the scheme. Pennsylvania's GOP counsel warned the campaign that electors were concerned about potential legal consequences, noting Chesebro's own memo described the Pennsylvania plan as "dicey," while requesting indemnification that was never provided. Ultimately, fourteen original Republican electoral nominees refused to participate, including former Michigan Secretary of State Terri Lynn Land who was "uncomfortable with the whole thing" and Pennsylvania GOP Chairman Lawrence Tabas who recognized "Biden won the election."
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"Just Call It Corrupt and Leave the Rest to Me"
With state pressure failing and fake electors in place, Trump turned his attention to corrupting the Department of Justice. After Attorney General Barr resigned on December 14, 2020, Trump immediately began pressuring his replacements just as he had Barr.
Between December 23 and January 3, Trump called Acting AG Rosen "virtually every day" to express "dissatisfaction" with DOJ's election fraud investigations. On December 27, Trump made a "stream of allegations" that Donoghue considered an "escalation" from previous conversations, with Trump becoming more adamant that DOJ "wasn't doing our job."
Most significantly, when Rosen explained that DOJ couldn't simply change the election outcome, Trump responded: "Just say the election was corrupt and leave the rest to me and the Republican Congressmen." Donoghue confirmed this was "an exact quote from the President."
Trump's plan centered on installing loyalist Jeffrey Clark as Acting Attorney General. Clark had drafted a letter to Georgia officials containing numerous falsehoods, claiming DOJ had "identified significant concerns that may have impacted the election" and recommending Georgia's legislature convene in special session to consider appointing alternate electors for Trump.
Donoghue and Rosen firmly rejected the letter, with Donoghue calling it "a grave step" that "could have tremendous Constitutional, political and social ramifications." During a contentious meeting, Donoghue told Clark: "What you are doing is nothing less than the United States Justice Department meddling in the outcome of a presidential election."
The scheme culminated in a dramatic January 3rd Oval Office meeting where Clark claimed he would "conduct real investigations" into election fraud as the "last opportunity to sort things straight." Donoghue and other DOJ officials warned that Trump's entire DOJ leadership team would resign if Clark was appointed. White House Counsel Pat Cipollone threatened to resign as well, describing Clark's letter as a "murder-suicide pact." When Clark defended his credentials, Donoghue dismissed him: "You're an environmental lawyer. How about you go back to your office, and we'll call you when there's an oil spill." Faced with mass resignations, Trump ultimately reversed his decision.
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"A Coup in Search of a Legal Theory": The Pence Pressure Campaign
After exhausting all other avenues, Trump turned on his most loyal ally, Vice President Pence. John Eastman drafted a two-page memo outlining how Pence could ensure "President Trump is re-elected" by simply rejecting electoral votes from seven states, leaving Trump with a 232-222 electoral vote advantage. Eastman concluded Pence should act "without asking for permission" as "the Constitution assigns this power to the Vice President as the ultimate arbiter."
This theory directly contradicted Eastman's own pre-election writings. In October 2020, he explicitly rejected the idea that "the President of the Senate gets to make the determination on his own," but by December, he reversed this position to serve Trump's interests.
White House attorney Eric Herschmann confronted Eastman, asking if he truly believed the Vice President could be "the sole decision-maker" of who becomes president. When Eastman confirmed this, Herschmann responded, "are you out of your F'ing mind?" warning that such actions would "cause riots in the streets." Shockingly, Eastman seemed unconcerned about potential violence.
During a January 4th Oval Office meeting, Eastman admitted his plan violated the Electoral Count Act. By meeting's end, Eastman emphasized the second option as "more politically palatable" than outright rejection, though he conceded both actions relied on the same flawed legal theory.
As January 6th approached, Trump's pressure intensified. After the New York Times reported Pence had told Trump he lacked such power, Trump released a false statement claiming he and Pence were in "total agreement" about Pence's authority. In a heated January 6th morning call, Trump called Pence a "wimp" and said certifying Biden's victory would be a "political career killer."
Federal Judge David Carter would later describe the Trump-Eastman scheme as "a coup in search of a legal theory" that likely violated federal laws and would have "permanently ended the peaceful transition of power."
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"Be There, Will Be Wild!": Summoning the Mob
On December 14, 2020, as electors cast votes confirming Biden's victory, Trump's own Cabinet recognized the election was over. Attorney General Barr viewed it as "the end of the matter," with Secretary Pompeo and Labor Secretary Scalia concurring. Scalia even urged Trump to concede.
Yet Trump had no intention of conceding and instead summoned a mob with his 1:42 a.m. December 19th tweet: "Big protest in D.C. on January 6th. Be there, will be wild!"
This tweet galvanized tens of thousands of supporters who believed Trump's election lies. Twitter's Trust and Safety Policy team member Anika Navaroli described it as "staking a flag in DC" for supporters to rally, creating a "fire hose" of calls to overthrow the government as followers felt "their Commander in Chief" had summoned them.
For extremist groups, this was a clear call to arms. The Proud Boys, led by Henry "Enrique" Tarrio, reorganized their hierarchy, imposed stricter chain-of-command, and instructed followers to go "incognito" on January 6th rather than wearing their usual black and yellow apparel. The Oath Keepers, led by Stewart Rhodes, similarly began planning after Trump's tweet. They stored weapons outside Washington, hoping Trump would deputize them as his militia.
By early morning on January 6th, Secret Service reported people wearing "ballistic helmets, body armor and carrying radio equipment and military grade backpacks." Despite being informed about armed supporters, Trump responded, "I don't fucking care that they have weapons. They're not here to hurt me. They can march to the Capitol from here."
During his speech, Trump repeatedly told the crowd he would join them in marching to the Capitol. "After this, we're going to walk down, and I'll be there with you," he promised. While using the scripted phrase "peacefully and patriotically" once early in his speech, he spent the next 50 minutes inflaming the crowd with election lies, attacking his Vice President and Republican members of Congress, and urging supporters to "fight like hell."
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Minutes of Dereliction: The President's Inaction
At 1:10 p.m. on January 6th, President Trump concluded his Ellipse speech, telling thousands to march to the Capitol and "fight like hell." By 1:21 p.m., he was informed the Capitol was under attack, yet chose not to intervene until 4:17 p.m. - a 187-minute dereliction of duty.
Upon returning to the White House, Trump learned of the Capitol riots from a staff member who told him "they're rioting down at the Capitol." His response was merely "Oh really? All right, let's go see." For the next 187 minutes, Trump remained primarily in the Presidential Dining Room watching Fox News.
As the Capitol siege intensified, Trump's advisors desperately tried to get him to tell the mob to leave, but he refused to act. Around 2:05 p.m., Cassidy Hutchinson found Meadows on his couch absorbed by his phone. When she asked if he had spoken to the President, Meadows replied, "No, he wants to be alone right now."
Minutes after rioters breached the west side of the Capitol, White House Counsel Pat Cipollone confronted Meadows, demanding they see the President immediately: "The rioters have gotten to the Capitol, Mark. We need to go down and see the President now." Meadows responded with chilling indifference: "He doesn't want to do anything, Pat."
At 2:24 p.m., as the Capitol was under siege, Trump's first public statement was a tweet attacking his Vice President: "Mike Pence didn't have the courage to do what should have been done to protect our Country and our Constitution..."
When Cipollone pleaded that "they're literally calling for the Vice President to be fucking hung," Meadows' response revealed Trump's disturbing mindset: "You heard him, Pat. He thinks Mike deserves it. He doesn't think they're doing anything wrong."
Throughout the afternoon, a barrage of text messages flooded Mark Meadows's phone from Republican allies, conservative media personalities, and even Trump's family - all pleading for presidential intervention. Donald Trump Jr. texted "He's got to condem this shit. Asap." Despite these pleas, Trump's 3:13 p.m. tweet merely asked supporters to "remain peaceful" without telling rioters to leave.
When Trump finally released a video at 4:17 p.m., he told rioters: "We had an election that was stolen from us... We have to have peace... So go home, we love you. You're very special." The video worked immediately - rioters began dispersing, proving Trump could have stopped the violence hours earlier had he chosen to do so.
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The Aftermath: Accountability and the Future of Democracy
The January 6th attack resulted in five deaths, injuries to 140 police officers, and the first non-peaceful transfer of power in American history. The Select Committee concluded that the central cause was one man: Donald Trump. Their investigation resulted in criminal referrals to the Department of Justice for obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make false statements, and inciting or assisting an insurrection.
The Committee issued four key recommendations to prevent future attempts to overturn presidential elections. First, Congress should reform the Electoral Count Act to clarify that the Vice President has no authority to reject electoral slates. Second, accountability measures should be pursued, including criminal referrals and disciplinary action against attorneys who undermined the peaceful transfer of power. Third, federal agencies should develop strategies to combat violent extremism while improving intelligence sharing protocols. Fourth, Congress should consider mechanisms to evaluate whether individuals who engaged in insurrection should be barred from holding future office under Section 3 of the 14th Amendment.
Perhaps most importantly, the Committee emphasized that democracy depends on all participants accepting election results. As Chairman Thompson wrote, "We have been blessed with a constitutional system that has weathered every storm for more than two centuries. That system is only as strong as the men and women sworn to faithfully protect it."
The January 6th Report stands as both a warning and a call to action - reminding us that democracy isn't guaranteed but requires constant vigilance from citizens and officials alike. The peaceful transfer of power, once taken for granted, now requires active defense against those who would subvert it for personal gain. As Vice Chair Liz Cheney quoted from John Adams, "the freedom of elections" forms "the very ground of our liberties." The question remains whether Americans will heed this warning and strengthen the guardrails that protect our democratic system.
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The Intelligence Failure: Warning Signs Ignored
A particularly troubling aspect of the January 6th events was the failure of intelligence agencies to adequately prepare despite numerous warning signs. Following Trump's December 19th "Be there, will be wild!" tweet, government agencies detected a significant surge in violent online rhetoric. An analyst at the National Capital Region Threat Intelligence Consortium noticed a tenfold increase in threats targeting Congress and law enforcement, plus coordination between previously unaligned right-wing groups.
By late December, the Secret Service had highlighted social media calls to "occupy Capitol Hill" and received tips about Proud Boys planning to "march into DC armed" with intent to "literally kill people." The Capitol Police learned of increased interest in the Capitol's underground tunnels and received warnings about demonstrators planning to "storm the Capitol."
Despite these warnings, security preparations remained woefully inadequate. When USCP Chief Sund called House Sergeant-at-Arms Paul Irving on January 3rd to discuss requesting National Guard assistance after Capitol Police intelligence indicated "Congress itself is a target," Irving reportedly responded that he didn't "like the optics" and that intelligence didn't support the request.
The delayed National Guard response during the attack further highlighted systemic failures. As the Capitol was being overrun, MPD Chief Contee was on the West Front inhaling chemical agents while trying to update the Mayor. By 2:30 p.m., a conference call connected Chief Contee, Mayor Bowser, Chief Sund, Major General Walker, and Pentagon officials including General Piatt. Chief Sund pleaded desperately for help, but Pentagon officials responded with what Chief Contee called a "tepid" and "sluggish" reaction.
While the National Guard response was delayed, Vice President Pence called Acting Secretary Miller multiple times, issuing "very explicit, very direct, unambiguous orders" to "get the National Guard down here now." In stark contrast, President Trump never called any Defense officials that day - something General Milley found "highly unusual" for a Commander in Chief during an assault on the Capitol.
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The Big Rip-Off: Exploiting the Big Lie for Profit
Beyond the attack itself, the Committee uncovered how Trump's campaign raised unprecedented amounts through inflammatory messaging about election fraud, despite knowing these claims were baseless. Between Election Day and January 6th, the Trump Campaign and RNC sent millions of emails claiming the election was "RIGGED" and urging supporters to donate to stop Democrats from "stealing the election."
The Trump Campaign and RNC had their three largest fundraising days immediately after the election, raising over $100 million in just three days by promoting the "Official Election Defense Fund." However, this fund didn't actually exist-it was merely "a marketing tactic." This strategy was wildly successful, raising more than $250 million after the election.
On November 9, 2020, Trump created the Save America leadership PAC, which allowed him to keep millions in post-election donations with minimal spending restrictions. Unlike campaign funds, which could only be used for recount expenses and debt, Save America PAC money could fund Trump's personal expenses like travel and hotels.
Instead of funding election defense efforts, the money went to Trump, his associates, and remained largely unspent in Save America. Millions flowed to companies affiliated with Trump or former administration officials. The conclusion is stark: Trump not only lied to his supporters about the election-he also ripped them off.
The January 6th Report ultimately serves as a sobering reminder that democracy's survival depends not just on institutions and laws, but on the character and integrity of those entrusted with power. As the Committee concluded, "The peaceful transfer of power has been a hallmark of our democracy for more than 240 years. It has survived wars, depressions, and civil unrest. But it has never before been tested by a President who lost reelection and tried to cling to power through a scheme to overturn the will of the voters."
