The Trump fake electors plot was a scheme to submit illegitimate certificates of ascertainment to falsely claim U.S. president Donald Trump had won the Electoral College vote in certain states, following Trump's loss in the 2020 United States presidential election. After the results of the 2020 election determined Trump had lost, the scheme was devised by him, his associates, and Republican Party officials in seven states,[1] and it formed a part of Trump and his associates' attempts to overturn the 2020 United States presidential election.
The intent of the scheme was to pass the illegitimate certificates to then-vice president Mike Pence in the hope he would count them, rather than the authentic certificates, and thus overturn Joe Biden's victory. This scheme was defended by a fringe legal theory developed by Trump attorneys Kenneth Chesebro and John Eastman, detailed in the Eastman memos, which claimed a vice president has the constitutional discretion to swap official electors with an alternate slate during the certification process, thus changing the outcome of the electoral college vote and the overall winner of the presidential race. The scheme came to be known as the Pence Card.
By June 2024, dozens of Republican state officials and Trump associates had been indicted in four states for their alleged involvement. The federal Smith special counsel investigation is investigating Trump's role in the events. According to testimony Trump was aware of the fake electors scheme, and knew that Eastman's plan for Pence to obstruct the certification of electoral votes was a violation of the Electoral Count Act.[2][3]
Trump's personal attorney, Rudy Giuliani, a "central figure" in the plot, coordinated the scheme across the seven states.[4][5] In a conference call on January 2, 2021, Trump, Eastman, and Giuliani spoke to some 300 Republican state legislators in an effort to persuade them to convene special legislative sessions to replace legitimate Biden electors with fake Trump electors based on unfounded allegations of election fraud.[6] Trump pressured the Justice Department to falsely announce it had found election fraud, and he attempted to install a new acting attorney general who had drafted a letter falsely asserting such election fraud had been found, in an attempt to persuade the Georgia legislature to convene and reconsider its Biden electoral votes.[7]
Trump and Eastman asked Republican National Committee chair Ronna McDaniel to enlist the committee's assistance in gathering fake "contingent" electors.[2] A senator's chief of staff tried to pass a list of fraudulent electors to Pence minutes before the vice president was to certify the election.[8] The scheme was investigated by the January 6 committee and is being investigated by the Justice Department. The January 6 committee's final report identified lawyer Kenneth Chesebro as the plot's original architect.[7] On October 20, 2023, Chesebro pleaded guilty in the state of Georgia to conspiring to file a false document and was sentenced to five years of probation.[9]
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