True Crimes: the misdeeds of TCF. Part 4, Pence
E. The Defendant Attempted to Persuade Pence to Reject Votes Cast by Duly Appointed Electors and Choose the Defendant's Fraudulent Ones
As the defendant's various attempts to target the states failed, and the January 6 congressional certification approached, the defendant and co-conspirators turned their attention to Pence, who as President of the Senate presided over the certification proceeding.
In service of a new planto enlist Pence to use his role to fraudulently alter the election results at the January 6 certification proceeding the defendant and his co-conspirators again used deceit. They lied to Pence, telling him that there was substantial election fraud and concealing their orchestration of the plan to manufacture fraudulent elector slates, as well as their intention to use the fake slates to attempt to obstruct the congressional certification. And they lied to the public, falsely claiming that Pence had the authority during the certification proceeding to reject electoral votes, send them back to the states, or overturn the election-and that Pence agreed he had these boundless powers.
With these lies, the defendant created the tinderbox that he purposely ignited on January 6. The defendant first publicly turned his sights toward January 6 in the early morning hours of December 19. At 1:42 a.m., the defendant posted on Twitter a copy of a report falsely alleging* fraud and wrote, "Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!"319
When CC5 learned about the Tweet, he sent a link about it to another of the Wisconsin attorneys who had met with the defendant in the Oval Office on December 16 and wrote, Wow. Based on 3 days ago, I think we have unique understanding of this.320 Later on December 19, the defendant called Pence and told him of plans for a rally on January 6 and said that he thought it would be a big day and good to have lots of their supporters in town.321
The defendant and his co-conspirators recognized that Pence, by virtue of his ministerial role presiding over the January 6
congressional certification, would need to be a key part of their plan to obstruct the certification proceeding. On December 23, in a
memorandum drafted with CC5 assistance, CC2 outlined a plan for Pence to gavel" in the defendant as the winner ofthe election based on the false claim that "7 states have transmitted dual slates of electors to the President ofthe Senate," and proposed that Pence announce that because of the ongoing disputes in the 7 States, there are no electors that can be deemed validly appointed in those States." CC2 emphasized concealment, writing that the main thing here was that Pence act without asking for permissioneither from a vote of the Joint Session or from the Court.323
https://static01.nyt.com/newsgraphics/documenttools/73357920e3c8d739/8fc8bfd0-full.pdf