1 00:00:37,000 --> 00:00:40,000 >> The President's intent was to stay in power at all costs. 2 00:00:40,000 --> 00:00:41,000 >> This election was stolen. 3 00:00:41,000 --> 00:00:43,000 >> I flat out said, I swore an oath. 4 00:00:43,000 --> 00:00:44,000 I'm t gonna break it. 5 00:00:44,000 --> 00:00:46,000 I'm not putting on no stinking circus. 6 00:00:46,000 --> 00:00:47,000 >> They put their faith in Donald Trump, 7 00:00:47,000 --> 00:00:48,000 and he deceived them. 8 00:00:48,000 --> 00:00:50,000 >> I don't think, by any large stretch, 9 00:00:50,000 --> 00:00:52,000 can you characterize it as bipartisan. 10 00:00:52,000 --> 00:00:54,000 >> The Select Committee laid the path down 11 00:00:54,000 --> 00:00:55,000 for the Department of Justice. 12 00:00:55,000 --> 00:00:59,000 >> Donald Trump is going to be the defendant and the candidate. 13 00:00:59,000 --> 00:01:02,000 It's hard to imagine how it's going to play out. 14 00:01:02,000 --> 00:01:03,000 >> Now on FRONTLINE, 15 00:01:03,000 --> 00:01:08,000 Democracy on Trial. 16 00:01:08,000 --> 00:01:10,000 >> FRONTLINE is made possible by contributions 17 00:01:10,000 --> 00:01:13,000 to your PBS station from viewers like you. 18 00:01:13,000 --> 00:01:14,000 Thank you. 19 00:01:14,000 --> 00:01:17,000 And by the Corporation for Public Broadcasting. 20 00:01:17,000 --> 00:01:20,000 Additional support is provided by The Abrams Foundation, 21 00:01:20,000 --> 00:01:22,000 committed to excellence in journalism... 22 00:01:22,000 --> 00:01:25,000 Park Foundation, dedicated to heightening 23 00:01:25,000 --> 00:01:27,000 public awareness of critical issues... 24 00:01:27,000 --> 00:01:30,000 The John D. and Catherine T. MacArthur Foundation 25 00:01:30,000 --> 00:01:31,000 committed to building a more just, 26 00:01:31,000 --> 00:01:33,000 verdant and peaceful world. 27 00:01:33,000 --> 00:01:35,000 More at macfound.org. 28 00:01:35,000 --> 00:01:38,000 The Heising-Simons Foundation, unlocking knowledge, 29 00:01:38,000 --> 00:01:40,000 opportunity and possibilities. 30 00:01:40,000 --> 00:01:43,000 At HSFoundation.org. 31 00:01:43,000 --> 00:01:45,000 And by the FRONTLINE Journalism Fund, 32 00:01:45,000 --> 00:01:48,000 with major support from Jon and Jo Ann Hagler. 33 00:01:48,000 --> 00:01:51,000 And additional support from Koo and Patricia Yuen, committed 34 00:01:51,000 --> 00:01:54,000 to bridging cultural differences in our communities. 35 00:01:54,000 --> 00:01:57,000 Additional support for this program is provided by the 36 00:01:57,000 --> 00:01:59,000 Jonathan Logan Family Foundation 37 00:01:59,000 --> 00:02:04,000 empowering world-changing work. 38 00:02:16,000 --> 00:02:19,000 ♪ ♪ 39 00:02:19,000 --> 00:02:21,000 >> An historic day here in Washington. 40 00:02:21,000 --> 00:02:23,000 A federal grand jury here has indicted 41 00:02:23,000 --> 00:02:25,000 former President Donald Trump... 42 00:02:25,000 --> 00:02:28,000 >> Mr. Trump is charged with three counts of conspiracy 43 00:02:28,000 --> 00:02:30,000 and one count of obstruction. 44 00:02:30,000 --> 00:02:32,000 >> This is the third criminal case brought against 45 00:02:32,000 --> 00:02:34,000 the former president this year. 46 00:02:34,000 --> 00:02:36,000 >> He will now head to appear in federal court 47 00:02:36,000 --> 00:02:38,000 for the arraignment. 48 00:02:38,000 --> 00:02:40,000 This was not quite the return to Washington 49 00:02:40,000 --> 00:02:43,000 this former president had envisioned for himself. 50 00:02:43,000 --> 00:02:48,000 ♪ ♪ 51 00:02:51,000 --> 00:02:54,000 >> We were getting ready to win this election. 52 00:02:54,000 --> 00:02:56,000 Frankly, we did winhis election. 53 00:02:56,000 --> 00:02:59,000 (cheers and applause) 54 00:02:59,000 --> 00:03:03,000 ♪ ♪ 55 00:03:03,000 --> 00:03:06,000 (siren blaring) 56 00:03:06,000 --> 00:03:08,000 I won this election by hundreds of thousands of votes. 57 00:03:08,000 --> 00:03:11,000 There's no way I lost Georgia, there's no way. 58 00:03:11,000 --> 00:03:14,000 I only need 11,000 votes, fellas, 59 00:03:14,000 --> 00:03:18,000 I need 11,000 votes. Give ma break. 60 00:03:18,000 --> 00:03:22,000 ♪ ♪ 61 00:03:22,000 --> 00:03:27,000 (sirens blaring) 62 00:03:27,000 --> 00:03:29,000 Make no mistake, this election was stolen 63 00:03:29,000 --> 00:03:33,000 from you, from me, from the country. 64 00:03:33,000 --> 00:03:38,000 ♪ ♪ 65 00:03:38,000 --> 00:03:40,000 And we fight. 66 00:03:40,000 --> 00:03:43,000 We fight like hell, and if you don't fight like hell 67 00:03:43,000 --> 00:03:47,000 you're not going to have a country anymore. 68 00:03:47,000 --> 00:03:52,000 (camera shutter clicks) 69 00:03:53,000 --> 00:03:58,000 (typewriter keys echoing) 70 00:04:02,000 --> 00:04:04,000 >> NARRATOR: For the first time in American history-- 71 00:04:04,000 --> 00:04:08,000 a president charged with crimes in office. 72 00:04:08,000 --> 00:04:11,000 ♪ ♪ 73 00:04:11,000 --> 00:04:13,000 >> A major development in Special Counsel 74 00:04:13,000 --> 00:04:15,000 Jack Smith's investigation into former president Trump. 75 00:04:15,000 --> 00:04:18,000 >> Special Counsel Jack Smith will make remarks 76 00:04:18,000 --> 00:04:20,000 at a news conference from 77 00:04:20,000 --> 00:04:21,000 the Justice Department shortly. 78 00:04:21,000 --> 00:04:24,000 >> This is a climactic moment, certainly, 79 00:04:24,000 --> 00:04:26,000 in this investigation. 80 00:04:26,000 --> 00:04:28,000 >> An indictment was unsealed 81 00:04:28,000 --> 00:04:30,000 charging Donald J. Trump with conspiring 82 00:04:30,000 --> 00:04:34,000 to defraud the United States, 83 00:04:34,000 --> 00:04:38,000 conspiring to disenfranchise voters, 84 00:04:38,000 --> 00:04:39,000 and conspiring and attempting to obstruct 85 00:04:39,000 --> 00:04:42,000 an official proceeding. 86 00:04:42,000 --> 00:04:45,000 Since the attack on our Capitol, the Department of Justice 87 00:04:45,000 --> 00:04:48,000 has remained committed to ensuring accountability 88 00:04:48,000 --> 00:04:52,000 for those criminally responsible for what happened that day. 89 00:04:52,000 --> 00:04:55,000 >> Jack Smith is sort of like the, uh... (clears throat) 90 00:04:55,000 --> 00:04:58,000 central casting career federal prosecutor. 91 00:04:58,000 --> 00:05:03,000 He's been doing this for 20 years. 92 00:05:03,000 --> 00:05:07,000 He has a reputation for being thorough and methodical. 93 00:05:07,000 --> 00:05:11,000 He's fairly aggressive, but not reckless aggressive. 94 00:05:11,000 --> 00:05:14,000 He's a very formidable opponent for Trump's lawyers. 95 00:05:14,000 --> 00:05:18,000 >> In this case, my office will seek a speedy trial 96 00:05:18,000 --> 00:05:21,000 so that our evidence can be tested in court 97 00:05:21,000 --> 00:05:24,000 and judged by a jury of citizens. 98 00:05:24,000 --> 00:05:28,000 >> NARRATOR: In the middle of a presidential election, 99 00:05:28,000 --> 00:05:32,000 a critical moment for American democracy. 100 00:05:32,000 --> 00:05:34,000 >> It lands us right in the middle 101 00:05:34,000 --> 00:05:37,000 of a presidential campaign. 102 00:05:37,000 --> 00:05:40,000 It is unavoidably going to be tainted 103 00:05:40,000 --> 00:05:44,000 with the appearance of politics at play. 104 00:05:44,000 --> 00:05:48,000 Obviously, that's the card that Donald Trump will play. 105 00:05:48,000 --> 00:05:50,000 >> They waited right to the middle of an election 106 00:05:50,000 --> 00:05:53,000 until I became the dominant force in the polls. 107 00:05:53,000 --> 00:05:55,000 I got indicted over bull (bleep). 108 00:05:55,000 --> 00:05:57,000 I got indicted. Bull (bleep). 109 00:05:57,000 --> 00:06:00,000 I get indicted for saying the election was rigged. 110 00:06:00,000 --> 00:06:02,000 >> If he's convicted, 111 00:06:02,000 --> 00:06:05,000 then he's, you know, running for president 112 00:06:05,000 --> 00:06:09,000 as someone who has been found guilty of federal crimes. 113 00:06:09,000 --> 00:06:11,000 >> I love that mugshot. 114 00:06:11,000 --> 00:06:15,000 I love that beautiful woman right there with a mugshot. 115 00:06:15,000 --> 00:06:16,000 >> To say the stakes for that trial are high 116 00:06:16,000 --> 00:06:19,000 doesn't even begin to cover it, really. 117 00:06:19,000 --> 00:06:20,000 We often, in the media, 118 00:06:20,000 --> 00:06:21,000 use the phrase 119 00:06:21,000 --> 00:06:22,000 "trial of the century" 120 00:06:22,000 --> 00:06:24,000 for this sensational trial 121 00:06:24,000 --> 00:06:26,000 or that one. 122 00:06:26,000 --> 00:06:27,000 But really, this would be, I think, 123 00:06:27,000 --> 00:06:30,000 the trial of the century. 124 00:06:30,000 --> 00:06:32,000 Because I cannot imagine anything more important 125 00:06:32,000 --> 00:06:34,000 th a former president on trial, 126 00:06:34,000 --> 00:06:39,000 charged with trying to subvert American democracy. 127 00:06:43,000 --> 00:06:44,000 (sirens blaring) 128 00:06:44,000 --> 00:06:49,000 (indistinct radio chatter) 129 00:06:50,000 --> 00:06:51,000 >> Tensions are still high 130 00:06:51,000 --> 00:06:54,000 following the chaos at the Capitol. 131 00:06:54,000 --> 00:06:56,000 >> NARRATOR: The federal indictment 132 00:06:56,000 --> 00:06:57,000 has its roots in the aftermath 133 00:06:57,000 --> 00:06:59,000 of the January 6th attack. 134 00:06:59,000 --> 00:07:01,000 >> The chaos here has aken the U.S. Capitol 135 00:07:01,000 --> 00:07:02,000 and the country. 136 00:07:02,000 --> 00:07:06,000 >> Our nation's capital under a state of emergency, 137 00:07:06,000 --> 00:07:08,000 under a city-wide lockdown. 138 00:07:08,000 --> 00:07:11,000 >> NARRATOR: In Congress there were calls to create 139 00:07:11,000 --> 00:07:14,000 a blue-ribbon bipartisan commission. 140 00:07:14,000 --> 00:07:16,000 >> ...a 9/11 style commission to look into 141 00:07:16,000 --> 00:07:18,000 the causes of the attack. 142 00:07:18,000 --> 00:07:20,000 >> A bill to create a bipartisan commission 143 00:07:20,000 --> 00:07:22,000 faces an uphill battle in the Senate. 144 00:07:22,000 --> 00:07:26,000 >> What was amazing was that the Senate Republicans 145 00:07:26,000 --> 00:07:28,000 refused to do that. 146 00:07:28,000 --> 00:07:33,000 To do what Congress has done in many previous incidents 147 00:07:33,000 --> 00:07:37,000 of great national catastrophe or crisis or controversy, 148 00:07:37,000 --> 00:07:41,000 which is to create a bipartisan special committee 149 00:07:41,000 --> 00:07:42,000 across both chambers. 150 00:07:42,000 --> 00:07:45,000 >> NARRATOR: Republicans in Congress 151 00:07:45,000 --> 00:07:48,000 led by Senator Mitch McConnell wouldn't support 152 00:07:48,000 --> 00:07:51,000 forming a commission at might go after Trump. 153 00:07:51,000 --> 00:07:53,000 >> Leader McConnell almost instinctively 154 00:07:53,000 --> 00:07:56,000 goes into damage control mode. 155 00:07:56,000 --> 00:07:58,000 He's not necessarily gonna go out on a limb 156 00:07:58,000 --> 00:08:01,000 when the rest of his caucus isn't going to go with him. 157 00:08:01,000 --> 00:08:04,000 >> NARRATOR: In the face of Republican opposition, 158 00:08:04,000 --> 00:08:07,000 the Democratic Speaker of the House Nancy Pelosi 159 00:08:07,000 --> 00:08:09,000 created a committee of her own. 160 00:08:09,000 --> 00:08:10,000 >> Morning. 161 00:08:10,000 --> 00:08:13,000 With great solemnity and sadness, 162 00:08:13,000 --> 00:08:16,000 I'm announcing that the House will be establishing 163 00:08:16,000 --> 00:08:21,000 a select committee on the January 6th insurrection. 164 00:08:22,000 --> 00:08:24,000 >> The House of Representatives today 165 00:08:24,000 --> 00:08:25,000 did what the Senate would not-- 166 00:08:25,000 --> 00:08:27,000 voted to create a select committee. 167 00:08:27,000 --> 00:08:31,000 >> It was the hope of Pelosi and the Democratic majority 168 00:08:31,000 --> 00:08:34,000 that they'd be able to pick off 169 00:08:34,000 --> 00:08:35,000 at least some Republican support, 170 00:08:35,000 --> 00:08:37,000 that there wouldn't be that great a pushback, 171 00:08:37,000 --> 00:08:39,000 but, in fact, there was. 172 00:08:39,000 --> 00:08:41,000 And in the end, only two Republicans 173 00:08:41,000 --> 00:08:44,000 voted for the formation of that committee. 174 00:08:44,000 --> 00:08:48,000 In fact, those two Republicans, Adam Kinzinger and Liz Cheney, 175 00:08:48,000 --> 00:08:49,000 were the two Republicans who ended up serving 176 00:08:49,000 --> 00:08:51,000 on the committee. 177 00:08:51,000 --> 00:08:53,000 >> The fact that Liz Cheney and Adam Kinzinger 178 00:08:53,000 --> 00:08:55,000 are the only two House Republicans 179 00:08:55,000 --> 00:08:58,000 who believe that we should know what happened on January 6th, 180 00:08:58,000 --> 00:09:00,000 that people should obey subpoenas from Congress, 181 00:09:00,000 --> 00:09:02,000 that people should provide documents when requested-- 182 00:09:02,000 --> 00:09:07,000 th's itself incredibly astonishing. 183 00:09:08,000 --> 00:09:09,000 >> NARRATOR: They would spend a year and a half 184 00:09:09,000 --> 00:09:12,000 examining the evidence. 185 00:09:12,000 --> 00:09:15,000 Tim Heaphy was the chief investigator. 186 00:09:15,000 --> 00:09:17,000 A former U.S. attorney, 187 00:09:17,000 --> 00:09:20,000 Heaphy led the independent review 188 00:09:20,000 --> 00:09:22,000 of the violence in Charlottesville in 2017 189 00:09:22,000 --> 00:09:27,000 and was now taking on January 6th. 190 00:09:27,000 --> 00:09:29,000 >> We ended up hiring, I think it was 191 00:09:29,000 --> 00:09:31,000 14 or 15 former prosecutors. 192 00:09:31,000 --> 00:09:34,000 Lawyers that have the skill set to interview witnesses, 193 00:09:34,000 --> 00:09:37,000 to digest a large amount of documents, 194 00:09:37,000 --> 00:09:39,000 and to sort of discern what's relevant, 195 00:09:39,000 --> 00:09:41,000 and separate that from what's not. 196 00:09:41,000 --> 00:09:45,000 That skill set is developed largely by trying cases, 197 00:09:45,000 --> 00:09:46,000 by investigating cases 198 00:09:46,000 --> 00:09:49,000 in federal and local prosecutors' offices. 199 00:09:49,000 --> 00:09:51,000 >> NARRATOR: They conducted more than 1,000 interviews. 200 00:09:51,000 --> 00:09:54,000 >> The House Select Committee is shifting into high gear 201 00:09:54,000 --> 00:09:56,000 preparing to do battle 202 00:09:56,000 --> 00:09:57,000 with some pretty big names in the Trump world. 203 00:09:57,000 --> 00:09:59,000 >> NARRATOR: Reviewed millions of documents... 204 00:09:59,000 --> 00:10:00,000 >> The House Committee 205 00:10:00,000 --> 00:10:02,000 probing the January 6th Capitol riot 206 00:10:02,000 --> 00:10:04,000 has issued ten new subpoenas. 207 00:10:04,000 --> 00:10:06,000 >> NARRATOR: Thousands of hours of video evidence. 208 00:10:06,000 --> 00:10:08,000 >> These subpoenas brings the focus 209 00:10:08,000 --> 00:10:10,000 to the actions of former president Donald Trump 210 00:10:10,000 --> 00:10:13,000 in the days and weeks leading up to the insurrection. 211 00:10:13,000 --> 00:10:15,000 >> They're con people. 212 00:10:15,000 --> 00:10:16,000 They're con artists. 213 00:10:16,000 --> 00:10:19,000 >> NARRATOR: From the beginning Trump denounced the committee. 214 00:10:19,000 --> 00:10:21,000 >> The Select Committee on January... 215 00:10:21,000 --> 00:10:22,000 You know, like these people are legitimate. 216 00:10:22,000 --> 00:10:23,000 Every one of them 217 00:10:23,000 --> 00:10:26,000 is a radical left hater. 218 00:10:26,000 --> 00:10:29,000 >> The committee issued a subpoena to none other than 219 00:10:29,000 --> 00:10:30,000 former president Trump himself. 220 00:10:30,000 --> 00:10:33,000 >> NARRATOR:He refuse. 221 00:10:33,000 --> 00:10:34,000 >> Trump suing the January 6th committee 222 00:10:34,000 --> 00:10:36,000 to block a subpoena for his testimony... 223 00:10:36,000 --> 00:10:39,000 >> NARRATOR: And while many of his aides did testify, 224 00:10:39,000 --> 00:10:41,000 others followed his lead. 225 00:10:41,000 --> 00:10:42,000 >> Criminal contempt charges 226 00:10:42,000 --> 00:10:45,000 against former White House chief of staff Mark Meadows. 227 00:10:45,000 --> 00:10:47,000 >> Peter Navarro refusing to cooperate 228 00:10:47,000 --> 00:10:49,000 with the January 6th committee... 229 00:10:49,000 --> 00:10:54,000 >> NARRATOR: The committee's final report spans 692 pages, 230 00:10:54,000 --> 00:10:56,000 a case against Donald Trump. 231 00:10:56,000 --> 00:11:00,000 A blueprint for Special Counsel Jack Smith. 232 00:11:00,000 --> 00:11:03,000 >> We saw our work 233 00:11:03,000 --> 00:11:05,000 as the first step in a process 234 00:11:05,000 --> 00:11:08,000 and not the end of the process. 235 00:11:08,000 --> 00:11:11,000 It's very clear that the select committee 236 00:11:11,000 --> 00:11:13,000 laid the path down for the Department of Justice. 237 00:11:13,000 --> 00:11:17,000 >> The January 6th case that will be heard 238 00:11:17,000 --> 00:11:21,000 in Judge Chutkan's courtroom in Washington, D.C., 239 00:11:21,000 --> 00:11:24,000 has the most striking resemblance to what 240 00:11:24,000 --> 00:11:27,000 unspooled itself from the January 6th committee. 241 00:11:27,000 --> 00:11:31,000 The basis of the indictment 242 00:11:31,000 --> 00:11:32,000 looks like a carbon copy 243 00:11:32,000 --> 00:11:37,000 of what the January 6th committee uncovered. 244 00:11:37,000 --> 00:11:40,000 >> A lot of the evidence that we uncovered 245 00:11:40,000 --> 00:11:44,000 is now in the hands of the Department of Justice. 246 00:11:44,000 --> 00:11:47,000 I just think all what we see now 247 00:11:47,000 --> 00:11:49,000 is a by-product of the wor 248 00:11:49,000 --> 00:11:53,000 of the January select committee. 249 00:11:53,000 --> 00:11:55,000 >> NARRATOR: Bennie Thompson-- 250 00:11:55,000 --> 00:11:58,000 a longtime Democratic congressman-- 251 00:11:58,000 --> 00:11:59,000 chaired the committee. 252 00:11:59,000 --> 00:12:03,000 >> Bennie Thompson is a Mississippi congressman, 253 00:12:03,000 --> 00:12:05,000 a Black man who grew up during 254 00:12:05,000 --> 00:12:07,000 the Civil Rights era in Mississippi, 255 00:12:07,000 --> 00:12:11,000 during the last vestiges of Jim Crow... 256 00:12:11,000 --> 00:12:13,000 >> ♪ Glory, glory hallelujah ♪ 257 00:12:13,000 --> 00:12:17,000 >>..and saw how hard-fought 258 00:12:17,000 --> 00:12:20,000 the franchise to vote was 259 00:12:20,000 --> 00:12:25,000 for so many Black Americans. 260 00:12:25,000 --> 00:12:30,000 >> NARRATOR: In January 6th, Thompson saw parallels. 261 00:12:30,000 --> 00:12:35,000 >> One of the symbols of Southern resistance 262 00:12:35,000 --> 00:12:38,000 to voting rights and equal oppounity 263 00:12:38,000 --> 00:12:42,000 was the Confederate battle flag. 264 00:12:42,000 --> 00:12:45,000 (crowd clamoring) 265 00:12:45,000 --> 00:12:46,000 And to see that flag 266 00:12:46,000 --> 00:12:51,000 being waved by many of the protestors 267 00:12:51,000 --> 00:12:56,000 brought back those memories. 268 00:12:57,000 --> 00:13:00,000 >> When he saw rioters storm the Capitol, 269 00:13:00,000 --> 00:13:03,000 carrying the Confederate battle flag, 270 00:13:03,000 --> 00:13:05,000 essentially trying to take away the votes 271 00:13:05,000 --> 00:13:06,000 of the American people... 272 00:13:06,000 --> 00:13:09,000 >> (crowd chanting): Fight for Trump! 273 00:13:09,000 --> 00:13:11,000 >> ...that I know affected him profoundly. 274 00:13:11,000 --> 00:13:15,000 And certainly was a driving factor in the way 275 00:13:15,000 --> 00:13:16,000 that he led the select committee. 276 00:13:16,000 --> 00:13:19,000 >> NARRATOR: Thompson's committee had gathered 277 00:13:19,000 --> 00:13:21,000 a trove of information. 278 00:13:21,000 --> 00:13:24,000 The challenge: what do with it. 279 00:13:24,000 --> 00:13:27,000 >> The one thing that we knew 280 00:13:27,000 --> 00:13:29,000 was the information that we have 281 00:13:29,000 --> 00:13:30,000 is compelling. 282 00:13:30,000 --> 00:13:32,000 The thing we needed to do was tell that 283 00:13:32,000 --> 00:13:34,000 to the American people in a compelling way. 284 00:13:34,000 --> 00:13:39,000 So that's why we brought in a former president of ABC News. 285 00:13:41,000 --> 00:13:44,000 >> Yeah, I got a call pretty much out of the blue 286 00:13:44,000 --> 00:13:46,000 from the January the 6th committee. 287 00:13:46,000 --> 00:13:48,000 They wanted, they wanted a storyteller. 288 00:13:48,000 --> 00:13:52,000 And while they were brilliant, they were brilliant lawyers, 289 00:13:52,000 --> 00:13:57,000 storytelling for a mass audience is not what they do. 290 00:13:57,000 --> 00:13:58,000 >> To bring in a guy like this 291 00:13:58,000 --> 00:14:02,000 who would think outside the box really did prove to be fruitful. 292 00:14:02,000 --> 00:14:05,000 And it was Goldston who really began to envision this as, 293 00:14:05,000 --> 00:14:08,000 in a way, a kind of miniseries, that there would be, you know, 294 00:14:08,000 --> 00:14:10,000 sort of nine episodes, 295 00:14:10,000 --> 00:14:12,000 and that these episodes would tackle particular themes. 296 00:14:12,000 --> 00:14:16,000 >> "Attack on the Capitol: The Investigation." 297 00:14:16,000 --> 00:14:18,000 >> NARRATOR: The first hearing was primetime television. 298 00:14:18,000 --> 00:14:21,000 >> ...the nation is about to witness a defining moment. 299 00:14:21,000 --> 00:14:22,000 The first hearing before the country, 300 00:14:22,000 --> 00:14:24,000 the results of the January 6th investigation. 301 00:14:24,000 --> 00:14:28,000 >> This is an extraordinary moment in American history. 302 00:14:28,000 --> 00:14:30,000 >> When it came to that first hearing 303 00:14:30,000 --> 00:14:32,000 we knew how high the stakes were. 304 00:14:32,000 --> 00:14:36,000 >> ...is about to hold its first primetime hearing. 305 00:14:36,000 --> 00:14:39,000 >> We were either going to, you know, make people realize 306 00:14:39,000 --> 00:14:40,000 that this is important, you know, 307 00:14:40,000 --> 00:14:45,000 or once you've lost them, you've lost them for good. 308 00:14:45,000 --> 00:14:50,000 >> On the evening of June 9, 8:01 p.m., the drs opened. 309 00:14:50,000 --> 00:14:54,000 My heart was beating pretty fast on June 9, 310 00:14:54,000 --> 00:14:59,000 and it was a real question of is this going to work or not? 311 00:15:00,000 --> 00:15:03,000 >> All right everybody, here we go, five on the line please. 312 00:15:03,000 --> 00:15:06,000 >> I'm in this tiny control room 313 00:15:06,000 --> 00:15:09,000 right up the stairs from Cannon Caucus. 314 00:15:09,000 --> 00:15:13,000 And we count down to the start the hearing, 315 00:15:13,000 --> 00:15:18,000 and at that point, what can you do? 316 00:15:18,000 --> 00:15:23,000 >> Here we go, in three, two, one. 317 00:15:23,000 --> 00:15:26,000 >> The select committee to investigate 318 00:15:26,000 --> 00:15:29,000 the January 6th attack on the United States Capitol 319 00:15:29,000 --> 00:15:32,000 will be in order. 320 00:15:32,000 --> 00:15:34,000 >> We wanted to make sure 321 00:15:34,000 --> 00:15:37,000 that this was a presentation that would grab the audience 322 00:15:37,000 --> 00:15:39,000 and hold onto 'em. 323 00:15:39,000 --> 00:15:41,000 Chairman Thompson loved to say, "It's gotta pop!" 324 00:15:41,000 --> 00:15:45,000 >> NARRATOR: To get it to "pop" they had just the thing. 325 00:15:45,000 --> 00:15:49,000 >> Donald Trump lost the presidential election in 2020. 326 00:15:49,000 --> 00:15:51,000 Don't believe me? 327 00:15:51,000 --> 00:15:56,000 Hear what his former attorney general had to say about it. 328 00:15:56,000 --> 00:15:58,000 >> (on video): Not just what I... I'd been through, 329 00:15:58,000 --> 00:16:00,000 I've had... I had three discussions with the president 330 00:16:00,000 --> 00:16:02,000 that I can recall. 331 00:16:02,000 --> 00:16:06,000 >> NARRATOR: Former Attorney General Bill Barr. 332 00:16:06,000 --> 00:16:11,000 >> This is the Attorney General of the United States of America. 333 00:16:11,000 --> 00:16:16,000 For him to come forth under oath, I think was very powerful. 334 00:16:17,000 --> 00:16:19,000 >> (on video): I made it clear I did not agree with 335 00:16:19,000 --> 00:16:22,000 the idea of saying the election was stolen 336 00:16:22,000 --> 00:16:23,000 and putting out this stuff, 337 00:16:23,000 --> 00:16:28,000 which I told the president was bull (bleep). 338 00:16:28,000 --> 00:16:32,000 >> Bill Barr, who had been hated by the left, 339 00:16:32,000 --> 00:16:34,000 and who had been beloved by Trump all the way 340 00:16:34,000 --> 00:16:37,000 until December of 2020, 341 00:16:37,000 --> 00:16:41,000 to hear him say, mincing no words, 342 00:16:41,000 --> 00:16:44,000 that there was all this bull (bleep) 343 00:16:44,000 --> 00:16:47,000 that was being perpetrated by Trump 344 00:16:47,000 --> 00:16:49,000 made you realize that ay, 345 00:16:49,000 --> 00:16:51,000 we're now about to walk into 346 00:16:51,000 --> 00:16:56,000 a portal of evidence that is, um, that is in fact different 347 00:16:57,000 --> 00:16:59,000 than everything else. 348 00:16:59,000 --> 00:17:04,000 >> NARRATOR: Following Barr: shocking video. 349 00:17:05,000 --> 00:17:08,000 >> Most of the footage we are about to play 350 00:17:08,000 --> 00:17:10,000 has never been seen. 351 00:17:10,000 --> 00:17:15,000 The select committee obtained it as a part of our investigation. 352 00:17:15,000 --> 00:17:17,000 (shouting) >> Hold thline! 353 00:17:17,000 --> 00:17:20,000 Hold the line! Hold the line! 354 00:17:20,000 --> 00:17:22,000 >> Break the line! (shouting) 355 00:17:22,000 --> 00:17:24,000 >> We have a breach of the Capitol, 356 00:17:24,000 --> 00:17:27,000 breach of the Capitol, on the upper level! 357 00:17:27,000 --> 00:17:29,000 >> We can't hold this, we're gonna get 358 00:17:29,000 --> 00:17:31,000 too many (bleep) people. 359 00:17:31,000 --> 00:17:32,000 Look at this (bleep) vantage point-- we're (bleep). 360 00:17:32,000 --> 00:17:36,000 >> We need to hold the doors of the Capitol. 361 00:17:36,000 --> 00:17:39,000 (shouting) 362 00:17:39,000 --> 00:17:40,000 I need (indistinct) support! 363 00:17:40,000 --> 00:17:43,000 (shouting) 364 00:17:43,000 --> 00:17:45,000 We lost the line! 365 00:17:45,000 --> 00:17:46,000 We've lost the line! 366 00:17:46,000 --> 00:17:49,000 All MPD fall back. 367 00:17:49,000 --> 00:17:53,000 (on video): All MPD fall back up to the upper deck! 368 00:17:53,000 --> 00:17:57,000 All MPD fall back to the upper deck, ASAP! 369 00:17:57,000 --> 00:17:59,000 (crowd shouting on video) 370 00:17:59,000 --> 00:18:02,000 (crowd chanting "Nancy") 371 00:18:02,000 --> 00:18:04,000 >> In the room that moment, 372 00:18:04,000 --> 00:18:05,000 we had officers that had 373 00:18:05,000 --> 00:18:08,000 been there on January 6. 374 00:18:08,000 --> 00:18:11,000 (crowd shouting on video) 375 00:18:11,000 --> 00:18:16,000 (indistinct shouting, struggling) 376 00:18:20,000 --> 00:18:25,000 (shouting, struggling continue) 377 00:18:25,000 --> 00:18:29,000 >> There was a real gravity that 378 00:18:29,000 --> 00:18:32,000 we wanted to bring to that first hearing, that that video 379 00:18:32,000 --> 00:18:34,000 really put in perspective for us there. 380 00:18:34,000 --> 00:18:35,000 >> ...get him out, get him up! 381 00:18:35,000 --> 00:18:38,000 Get him up! 382 00:18:38,000 --> 00:18:40,000 Officer down! >> Get him up! 383 00:18:40,000 --> 00:18:42,000 (officers shouting) >> Get him up! 384 00:18:42,000 --> 00:18:47,000 >> Hold up! Hold up! >> Get him up! 385 00:18:47,000 --> 00:18:49,000 (shouting continues) 386 00:18:49,000 --> 00:18:53,000 >> I don't think anyone, until that footage was shown, 387 00:18:53,000 --> 00:18:57,000 had really fully understood the violence of the day. 388 00:18:57,000 --> 00:19:01,000 (crowd cheering) 389 00:19:01,000 --> 00:19:03,000 (crowd shouting) 390 00:19:03,000 --> 00:19:05,000 >> Help! 391 00:19:05,000 --> 00:19:09,000 (shouting continues on video) 392 00:19:09,000 --> 00:19:12,000 >> Those law enforcement personnel, 393 00:19:12,000 --> 00:19:14,000 here are people who were sworn 394 00:19:14,000 --> 00:19:17,000 to protect the Capitol, 395 00:19:17,000 --> 00:19:21,000 come to work on that day too just that, 396 00:19:21,000 --> 00:19:24,000 and they are assaulted. 397 00:19:24,000 --> 00:19:27,000 (crowd cheering on video) 398 00:19:27,000 --> 00:19:30,000 >> NARRATOR: Paying special attention to the hearing, 399 00:19:30,000 --> 00:19:32,000 Donald Trump, who responded on his own 400 00:19:32,000 --> 00:19:34,000 social media platform. 401 00:19:34,000 --> 00:19:37,000 >> (dramatized): The so-called "Rush on the Capitol" 402 00:19:37,000 --> 00:19:38,000 was not caused by me, 403 00:19:38,000 --> 00:19:43,000 it was caused by a rigged and stolen election! 404 00:19:43,000 --> 00:19:45,000 (indistinct radio chatter) 405 00:19:45,000 --> 00:19:46,000 >> NARRATOR: The committee continued laying out 406 00:19:46,000 --> 00:19:49,000 its evidence to the contrary. 407 00:19:49,000 --> 00:19:50,000 >> The attack on our Capitol 408 00:19:50,000 --> 00:19:54,000 was not a spontaneous riot. 409 00:19:54,000 --> 00:19:57,000 President Trump summoned the mob, 410 00:19:57,000 --> 00:19:58,000 assembled the mob, 411 00:19:58,000 --> 00:20:01,000 and lit the flame of this attack. 412 00:20:01,000 --> 00:20:03,000 >> NARRATOR: Vice chair at the hearing: 413 00:20:03,000 --> 00:20:07,000 Liz Cheney, a lifelong Republican 414 00:20:07,000 --> 00:20:10,000 and rock-ribbed conservative. 415 00:20:10,000 --> 00:20:11,000 >> ...or destroy by force, the government... 416 00:20:11,000 --> 00:20:15,000 >> I chose Liz Cheney as my vice chair. 417 00:20:15,000 --> 00:20:20,000 she had Republican credibility in the broader sense. 418 00:20:22,000 --> 00:20:26,000 So you take an African American liberal 419 00:20:26,000 --> 00:20:31,000 and a white female conservative 420 00:20:31,000 --> 00:20:36,000 to lead this committee. 421 00:20:36,000 --> 00:20:41,000 >> Liz Cheney is Republican royalty in many ways. 422 00:20:41,000 --> 00:20:44,000 She's the daughter of Dick Cheney, 423 00:20:44,000 --> 00:20:47,000 the vice president. 424 00:20:47,000 --> 00:20:51,000 She's very conservative, she represents Wyoming. 425 00:20:51,000 --> 00:20:54,000 No one would mistake her for a liberal, 426 00:20:54,000 --> 00:20:58,000 but she also was someone 427 00:20:58,000 --> 00:21:01,000 who broke very publicly with Donald Trump. 428 00:21:01,000 --> 00:21:05,000 >> And there is no RINO in America who has thrown in 429 00:21:05,000 --> 00:21:10,000 her lot with the radical left more than Liz Cheney. 430 00:21:10,000 --> 00:21:11,000 (crowd booing) 431 00:21:11,000 --> 00:21:13,000 She has gone crazy! 432 00:21:13,000 --> 00:21:17,000 >> I will do everything I can to ensure the former president 433 00:21:17,000 --> 00:21:21,000 never again gets anywhere near the Oval Office. 434 00:21:21,000 --> 00:21:22,000 >> She's been so strong on, 435 00:21:22,000 --> 00:21:24,000 "We need to have the truth about January 6. 436 00:21:24,000 --> 00:21:25,000 "We need to have the truth about 437 00:21:25,000 --> 00:21:26,000 "what happened before January 6. 438 00:21:26,000 --> 00:21:31,000 We can't have Trump again, he can't be president again." 439 00:21:31,000 --> 00:21:33,000 >> I talked to her about what was motivating her. 440 00:21:33,000 --> 00:21:37,000 And she said every time she sees the video... 441 00:21:37,000 --> 00:21:39,000 >> (crowd chanting): ...Mike Pence! 442 00:21:39,000 --> 00:21:42,000 >> ...of Mike Pence being rushed to safety, 443 00:21:42,000 --> 00:21:44,000 for fear of his life on January 6... 444 00:21:44,000 --> 00:21:45,000 >> Evacuate so we can 445 00:21:45,000 --> 00:21:48,000 secure the members on the other side, copy! 446 00:21:48,000 --> 00:21:50,000 >> ...she saw, in her mind, the image of her father. 447 00:21:50,000 --> 00:21:53,000 >> A plane has just crashed 448 00:21:53,000 --> 00:21:55,000 into the World Trade Center here in New York City. 449 00:21:55,000 --> 00:21:56,000 (explosion) >> Oh, my God! 450 00:21:56,000 --> 00:21:57,000 >> That looks like a second plane. 451 00:21:57,000 --> 00:21:59,000 >> Dick Cheney, the vice president, 452 00:21:59,000 --> 00:22:01,000 being rushed away from his office in the White House 453 00:22:01,000 --> 00:22:04,000 to theunker on 9/11. 454 00:22:04,000 --> 00:22:06,000 >> It is one of the darkest days in America, 455 00:22:06,000 --> 00:22:08,000 attacked in an act of terrorist war. 456 00:22:08,000 --> 00:22:11,000 >> Tremendously sad day, 457 00:22:11,000 --> 00:22:14,000 insurrectionists have stormed the U.S. Capitol, 458 00:22:14,000 --> 00:22:18,000 and they have been cheered on by the president. 459 00:22:18,000 --> 00:22:19,000 >> And suddenly I got it. 460 00:22:19,000 --> 00:22:23,000 Suddenly I got it-- for her, this was what Al Qaeda 461 00:22:23,000 --> 00:22:26,000 and 9/11 were to her father. 462 00:22:26,000 --> 00:22:30,000 To the extent that her father became really quite driven 463 00:22:30,000 --> 00:22:35,000 by his view of the mission to protect America after 9/11, 464 00:22:35,000 --> 00:22:38,000 she saw her mission the same way, 465 00:22:38,000 --> 00:22:40,000 to protect America from Donald Trump. 466 00:22:40,000 --> 00:22:44,000 ♪ ♪ 467 00:22:44,000 --> 00:22:47,000 >> NARRATOR: Now helping to lead the January 6th committee, 468 00:22:47,000 --> 00:22:49,000 Cheney was determined to lay out the case 469 00:22:49,000 --> 00:22:51,000 against Donald Trump. 470 00:22:51,000 --> 00:22:53,000 >> Over multiple months, 471 00:22:53,000 --> 00:22:57,000 Donald Trump oversaw and coordinated a sophisticated plan 472 00:22:57,000 --> 00:23:00,000 to overturn the esidential election 473 00:23:00,000 --> 00:23:03,000 and prevent the transfer of presidential power. 474 00:23:03,000 --> 00:23:06,000 >> In the very first hearing, she kind of laid out 475 00:23:06,000 --> 00:23:07,000 the theory of the case, right, 476 00:23:07,000 --> 00:23:09,000 the opening statement where she 477 00:23:09,000 --> 00:23:11,000 puts forth this multi-part plan. 478 00:23:11,000 --> 00:23:13,000 I think that will sound very much like 479 00:23:13,000 --> 00:23:17,000 Jack Smith's opening statement in the trial in March. 480 00:23:17,000 --> 00:23:21,000 It is a summary of how all of this fits togetr. 481 00:23:21,000 --> 00:23:24,000 >> In our hearings, you will see evidence 482 00:23:24,000 --> 00:23:26,000 of each element of this plan. 483 00:23:26,000 --> 00:23:29,000 >> Frankly, we did win this election. 484 00:23:29,000 --> 00:23:31,000 (crowd cheering) We did win this election. 485 00:23:31,000 --> 00:23:32,000 >> Donald Trump and his advisors 486 00:23:32,000 --> 00:23:36,000 knew that he had in fact lost the election, 487 00:23:36,000 --> 00:23:37,000 but despite this, 488 00:23:37,000 --> 00:23:40,000 you will see evidence that President Trump 489 00:23:40,000 --> 00:23:42,000 corruptly pressured state legislators 490 00:23:42,000 --> 00:23:45,000 and election officials to change election results. 491 00:23:45,000 --> 00:23:46,000 (telephone dialing out, picks up) 492 00:23:46,000 --> 00:23:48,000 >> I only need 11,000 votes! 493 00:23:48,000 --> 00:23:51,000 Fellas, I need 11,000 votes, give me a break. 494 00:23:51,000 --> 00:23:53,000 (telephone hangs up) 495 00:23:53,000 --> 00:23:56,000 ♪ ♪ 496 00:23:56,000 --> 00:23:58,000 >> What you saw at that hearing, 497 00:23:58,000 --> 00:24:02,000 methodically laid out by Liz Cheney, 498 00:24:02,000 --> 00:24:05,000 showed that it wasn't just some sort of like random, 499 00:24:05,000 --> 00:24:08,000 off the cuff, impulsive actions on his part, 500 00:24:08,000 --> 00:24:11,000 but that there was, in fact, a strategy 501 00:24:11,000 --> 00:24:16,000 and a pattern and a methology to what he was doing. 502 00:24:16,000 --> 00:24:18,000 >> President Trump's efforts 503 00:24:18,000 --> 00:24:21,000 to pressure Vice President Pence to act illegally 504 00:24:21,000 --> 00:24:26,000 likely violated two federal criminal statutes. 505 00:24:26,000 --> 00:24:29,000 >> Because if Mike Pence does the right thing, 506 00:24:29,000 --> 00:24:30,000 we win the election. 507 00:24:30,000 --> 00:24:33,000 >> If I could have been a fly on the wall 508 00:24:33,000 --> 00:24:35,000 in the Department of Justice during that, 509 00:24:35,000 --> 00:24:38,000 I certainly probably expect everybody sat up and took notice 510 00:24:38,000 --> 00:24:40,000 of what she said after that. 511 00:24:40,000 --> 00:24:42,000 >> In our final hearings, you will hear 512 00:24:42,000 --> 00:24:45,000 how President Trump summoned a violent mob 513 00:24:45,000 --> 00:24:47,000 and directed them, illegally, 514 00:24:47,000 --> 00:24:50,000 to march on the United States Capitol. 515 00:24:50,000 --> 00:24:52,000 >> We fight like hell, 516 00:24:52,000 --> 00:24:53,000 and if you don't fight like hell, 517 00:24:53,000 --> 00:24:55,000 you're not going to have a country any more. 518 00:24:55,000 --> 00:25:00,000 ♪ ♪ 519 00:25:01,000 --> 00:25:05,000 >> And with that, the committee stands adjourned. 520 00:25:05,000 --> 00:25:09,000 (bangs gavel) 521 00:25:09,000 --> 00:25:12,000 >> NARRATOR: The hearings got the public's attention. 522 00:25:12,000 --> 00:25:13,000 >> The first primetime January 6th hearing 523 00:25:13,000 --> 00:25:15,000 laying the foundation for a specific case against Trump. 524 00:25:15,000 --> 00:25:16,000 >> The House Committee 525 00:25:16,000 --> 00:25:19,000 went into graphic detail on the results of... 526 00:25:19,000 --> 00:25:21,000 >> To put it crassly, 527 00:25:21,000 --> 00:25:23,000 the January 6th committee was a ratings hit. 528 00:25:23,000 --> 00:25:25,000 >> From NBC News, January 6th revelations will 529 00:25:25,000 --> 00:25:27,000 "blow the roof off the House." 530 00:25:27,000 --> 00:25:28,000 >> The very first one, 531 00:25:28,000 --> 00:25:32,000 the primetime viewing was at 19.4 million, 532 00:25:32,000 --> 00:25:34,000 which was really, really remarkable. 533 00:25:34,000 --> 00:25:37,000 >> Huge-- surprisingly huge numbers last night, 534 00:25:37,000 --> 00:25:40,000 that's on par with events like Sunday Night Football games. 535 00:25:40,000 --> 00:25:43,000 There were still multiple, multip, brand-new revelations 536 00:25:43,000 --> 00:25:45,000 last night that took us by surprise. 537 00:25:45,000 --> 00:25:46,000 >> NARRATOR: But for his supporters, 538 00:25:46,000 --> 00:25:49,000 Trump had a different story. 539 00:25:49,000 --> 00:25:52,000 >> (dramatized): The unselect committee of political hacks 540 00:25:52,000 --> 00:25:54,000 refuses to play any of the many positive 541 00:25:54,000 --> 00:25:56,000 witnesses and statements. 542 00:25:56,000 --> 00:25:58,000 >> It's a broadside. 543 00:25:58,000 --> 00:25:59,000 And it's not just one broadside, 544 00:25:59,000 --> 00:26:03,000 it is a continuous series of broadsides. 545 00:26:03,000 --> 00:26:05,000 >> (dramatized): Bill Barr was a weak and frightened 546 00:26:05,000 --> 00:26:08,000 attorney general who was always being "played" 547 00:26:08,000 --> 00:26:10,000 and threatened by the Democrats. 548 00:26:10,000 --> 00:26:12,000 >> It's just so relentless, 549 00:26:12,000 --> 00:26:15,000 it's so constant, it's so loud, 550 00:26:15,000 --> 00:26:17,000 that in parts of MAGA America, 551 00:26:17,000 --> 00:26:20,000 that MAGA barrage drowns out anything else. 552 00:26:20,000 --> 00:26:23,000 >> (dramatized): Warmongering and despicable human being 553 00:26:23,000 --> 00:26:24,000 Liz Cheney, 554 00:26:24,000 --> 00:26:25,000 who is hated by... 555 00:26:25,000 --> 00:26:27,000 >> NARRATOR: And on the conservative airwaves, 556 00:26:27,000 --> 00:26:29,000 they ampfied Trump's message. 557 00:26:29,000 --> 00:26:30,000 >> Every news network 558 00:26:30,000 --> 00:26:32,000 in this country but this one 559 00:26:32,000 --> 00:26:36,000 faithfully surrendered its entire prime time lineup. 560 00:26:36,000 --> 00:26:40,000 The effect was North Korean, every channel the same. 561 00:26:40,000 --> 00:26:44,000 >> A full-on Hollywood, multimedia extravaganza. 562 00:26:44,000 --> 00:26:47,000 >> ...to prosecute Trump with this show trial, 563 00:26:47,000 --> 00:26:49,000 with this kangaroo court... 564 00:26:49,000 --> 00:26:52,000 >> I don't think, really by any large stretch, 565 00:26:52,000 --> 00:26:55,000 can you characterize it as bipartisan. 566 00:26:55,000 --> 00:26:58,000 And this is, I guess, a consequence of bigger issues 567 00:26:58,000 --> 00:27:01,000 about the evenly divided country that we're in 568 00:27:01,000 --> 00:27:05,000 and extreme partisanship in the political process. 569 00:27:05,000 --> 00:27:07,000 >> Can they show us one damned sentence 570 00:27:07,000 --> 00:27:09,000 in the hundreds of thousands of documents 571 00:27:09,000 --> 00:27:10,000 that they have collected, 572 00:27:10,000 --> 00:27:12,000 the thousand witnesses they've had-- 573 00:27:12,000 --> 00:27:16,000 anything, anywhere that links Donald Trump to directing 574 00:27:16,000 --> 00:27:17,000 or ordering an attack 575 00:27:17,000 --> 00:27:18,000 on the Capitol building? 576 00:27:18,000 --> 00:27:20,000 Where is it? 577 00:27:20,000 --> 00:27:23,000 >> If you're talking to somebody who's deep in MAGA America, 578 00:27:23,000 --> 00:27:26,000 they didn't pay attention to the January 6th commission. 579 00:27:26,000 --> 00:27:29,000 They were told not to pay attention to it. 580 00:27:29,000 --> 00:27:31,000 That whatever was going to come out 581 00:27:31,000 --> 00:27:33,000 it was going to be fake or fake news. 582 00:27:33,000 --> 00:27:37,000 And this is the way a lot of Americans live their lives. 583 00:27:37,000 --> 00:27:39,000 It's not just red Americans, blue Americans as well. 584 00:27:39,000 --> 00:27:40,000 We, we live in bubbles. 585 00:27:40,000 --> 00:27:45,000 And this is the way millions upon millions of Americans live. 586 00:27:45,000 --> 00:27:49,000 (siren blaring) 587 00:27:49,000 --> 00:27:54,000 ♪ ♪ 588 00:27:55,000 --> 00:27:56,000 >> NARRATOR: In the weeks that followed, 589 00:27:56,000 --> 00:28:01,000 the committee laid out the details of their case. 590 00:28:01,000 --> 00:28:04,000 >> This morning we'll tell the story of how Donald Trump 591 00:28:04,000 --> 00:28:07,000 lost an election, and knew he lost an election, 592 00:28:07,000 --> 00:28:10,000 and as a result of his loss 593 00:28:10,000 --> 00:28:14,000 decided to wage an attack on our democracy. 594 00:28:14,000 --> 00:28:16,000 >> NARRATOR: A central question: 595 00:28:16,000 --> 00:28:20,000 what the president knew and when he knew it. 596 00:28:20,000 --> 00:28:22,000 >> For a long time people who have pursued Donald Trump 597 00:28:22,000 --> 00:28:25,000 tripped up on the question of whether they could prove 598 00:28:25,000 --> 00:28:27,000 that he knew what he was doing was wrong, 599 00:28:27,000 --> 00:28:29,000 or that he knew what he was saying was a lie. 600 00:28:29,000 --> 00:28:32,000 The January 6th committee got past that 601 00:28:32,000 --> 00:28:36,000 by demonstrating that he was told, time and time again, 602 00:28:36,000 --> 00:28:38,000 that he did not win the election-- 603 00:28:38,000 --> 00:28:39,000 not by Democrats, 604 00:28:39,000 --> 00:28:42,000 not by the media, but by his own people. 605 00:28:42,000 --> 00:28:46,000 >> I want to start by showing a video that tells the story 606 00:28:46,000 --> 00:28:50,000 of what was going on in the Trump White House 607 00:28:50,000 --> 00:28:54,000 on election night in November of 2020. 608 00:28:54,000 --> 00:28:56,000 >> (on video): The Fox News Decision Desk 609 00:28:56,000 --> 00:28:58,000 is calling Arizona for Joe Biden. 610 00:28:58,000 --> 00:29:03,000 That is a big get for the Biden campaign. 611 00:29:03,000 --> 00:29:05,000 >> Arizona is called, do you remember that? 612 00:29:05,000 --> 00:29:07,000 >> I do. 613 00:29:07,000 --> 00:29:08,000 >> What do you remember happening 614 00:29:08,000 --> 00:29:11,000 where you were when Arizona was called? 615 00:29:11,000 --> 00:29:16,000 >> Um, I, uh, there was surprise at the call. 616 00:29:17,000 --> 00:29:22,000 >> After Fox News called Arizona for Biden, 617 00:29:22,000 --> 00:29:25,000 there was discussion about whether President Trump 618 00:29:25,000 --> 00:29:27,000 should say something and should declare victory. 619 00:29:27,000 --> 00:29:30,000 The consensus of almost all of his advisors 620 00:29:30,000 --> 00:29:33,000 was that he should not. 621 00:29:33,000 --> 00:29:35,000 >> It was far too early 622 00:29:35,000 --> 00:29:38,000 to be making any calls like that. 623 00:29:38,000 --> 00:29:43,000 Um, ballots, ballots were still being counted. 624 00:29:43,000 --> 00:29:45,000 Ballots were still going to be counted for days, 625 00:29:45,000 --> 00:29:48,000 and it was far too early 626 00:29:48,000 --> 00:29:50,000 to be making any proclamation like that. 627 00:29:50,000 --> 00:29:52,000 >> The professionals on his 628 00:29:52,000 --> 00:29:55,000 campaign staff are telling him, 629 00:29:55,000 --> 00:29:56,000 you know, 630 00:29:56,000 --> 00:29:58,000 "We can't claim victory, 631 00:29:58,000 --> 00:30:00,000 "either, you know, you lost or we have to at least 632 00:30:00,000 --> 00:30:03,000 wait and see what's going to happen." 633 00:30:03,000 --> 00:30:08,000 And Trump makes the choice that he wants to listen instead 634 00:30:08,000 --> 00:30:09,000 to Rudy Giuliani. 635 00:30:09,000 --> 00:30:11,000 >> Were you part of any discussions 636 00:30:11,000 --> 00:30:12,000 about whether the president should make 637 00:30:12,000 --> 00:30:16,000 any sort of speech on election night? 638 00:30:16,000 --> 00:30:18,000 >> I, I mean I spoke 639 00:30:18,000 --> 00:30:19,000 to the president. 640 00:30:19,000 --> 00:30:23,000 They may have been present, but the president-- 641 00:30:23,000 --> 00:30:26,000 but I spoke to the president several times that night. 642 00:30:26,000 --> 00:30:30,000 >> NARRATOR: Rudy Giuliani's advice was very different 643 00:30:30,000 --> 00:30:32,000 than that of Trump's political advisors. 644 00:30:32,000 --> 00:30:35,000 >> His personal lawyer, Giuliani, tells Trump, 645 00:30:35,000 --> 00:30:37,000 "Keep fighting. 646 00:30:37,000 --> 00:30:39,000 "We will have a legal crusade, 647 00:30:39,000 --> 00:30:41,000 "a political crusade 648 00:30:41,000 --> 00:30:43,000 to keep you in power." 649 00:30:43,000 --> 00:30:47,000 Trump loves the idea. 650 00:30:47,000 --> 00:30:49,000 >> Rudy Giuliani is one of 651 00:30:49,000 --> 00:30:51,000 the most prominent figures in American politics 652 00:30:51,000 --> 00:30:52,000 in the last 25 years, 653 00:30:52,000 --> 00:30:57,000 who is remembered fondly for his leadership post-9/11. 654 00:30:59,000 --> 00:31:04,000 >> But over the years he drifted towards Donald Trump. 655 00:31:06,000 --> 00:31:09,000 Towards being someone that would be essentially 656 00:31:09,000 --> 00:31:10,000 a yes man to Donald Trump 657 00:31:10,000 --> 00:31:14,000 and some of his worst impulses. 658 00:31:14,000 --> 00:31:16,000 >> NARRATOR: And on election night, 659 00:31:16,000 --> 00:31:20,000 Giuliani insisted Trump should fight. 660 00:31:20,000 --> 00:31:22,000 >> The president ignores the sound advice 661 00:31:22,000 --> 00:31:24,000 that he's getting from Bill Stepien, 662 00:31:24,000 --> 00:31:27,000 from the political professionals around him, 663 00:31:27,000 --> 00:31:29,000 and he's listening to 664 00:31:29,000 --> 00:31:32,000 one voice that is telling him something different, 665 00:31:32,000 --> 00:31:34,000 and that's Giuliani saying, 666 00:31:34,000 --> 00:31:39,000 "You should go out there and declare victory." 667 00:31:39,000 --> 00:31:41,000 >> And did anybody disagree 668 00:31:41,000 --> 00:31:43,000 with your message? 669 00:31:43,000 --> 00:31:46,000 >> Yes. >> Who was that? 670 00:31:46,000 --> 00:31:48,000 >> The president disagreed with that. 671 00:31:48,000 --> 00:31:51,000 Hehought I was wrong, he told me so, 672 00:31:51,000 --> 00:31:55,000 and, you know, that they were going to, you know, go in a-- 673 00:31:55,000 --> 00:31:59,000 you know, he was gonna go in a different direction. 674 00:31:59,000 --> 00:32:04,000 (cheers and applause) 675 00:32:04,000 --> 00:32:05,000 >> I think the most dangerous speech 676 00:32:05,000 --> 00:32:07,000 that Donald Trump ever gave 677 00:32:07,000 --> 00:32:10,000 was not the one that he gave on January 6. 678 00:32:10,000 --> 00:32:12,000 I think it's the speech that he gave at 2:30 in the morning 679 00:32:12,000 --> 00:32:13,000 the night of the election. 680 00:32:13,000 --> 00:32:17,000 >> This is a fraud on the American public. 681 00:32:17,000 --> 00:32:20,000 This is an embarrassment to our country. 682 00:32:20,000 --> 00:32:24,000 We were getting ready to win this election. 683 00:32:24,000 --> 00:32:27,000 Frankly, we did win this election. 684 00:32:27,000 --> 00:32:29,000 (cheers and applause) We did win this election. 685 00:32:29,000 --> 00:32:32,000 >> Trump knew that the trends looked bad. 686 00:32:32,000 --> 00:32:36,000 Trump knew that there were hundreds of thousands of votes 687 00:32:36,000 --> 00:32:37,000 still to be counted 688 00:32:37,000 --> 00:32:40,000 and he came out and he said, 689 00:32:40,000 --> 00:32:42,000 "Frankly, we did win the election." 690 00:32:42,000 --> 00:32:46,000 >> We want all voting to stop. 691 00:32:46,000 --> 00:32:51,000 We don't want them to find any ballots at 4:00 in the morning 692 00:32:51,000 --> 00:32:52,000 and add them to the list. 693 00:32:52,000 --> 00:32:54,000 Okay? (cheers and applause) 694 00:32:54,000 --> 00:32:57,000 >> NARRATOR: In the years since, Trump has claimed 695 00:32:57,000 --> 00:32:59,000 that he believed what he said that night. 696 00:32:59,000 --> 00:33:01,000 >> I saw what happened. 697 00:33:01,000 --> 00:33:03,000 I watched that election, and I thought the election 698 00:33:03,000 --> 00:33:05,000 was over at 10:00 the evening. 699 00:33:05,000 --> 00:33:07,000 >> NARRATOR: But according to the committee, 700 00:33:07,000 --> 00:33:11,000 his claims of fraud were part of a well-established plan. 701 00:33:11,000 --> 00:33:16,000 >> The moment when he said, "Frankly, I won this election," 702 00:33:16,000 --> 00:33:18,000 was telegraphed many, many times 703 00:33:18,000 --> 00:33:21,000 and throughout the campaign 704 00:33:21,000 --> 00:33:22,000 of 2020, 705 00:33:22,000 --> 00:33:26,000 he repeatedly cast doubt on the legitimacy of the outcome, 706 00:33:26,000 --> 00:33:31,000 cast doubt on absentee ballots, et cetera. 707 00:33:31,000 --> 00:33:35,000 >> As early as April 2020, 708 00:33:35,000 --> 00:33:39,000 Mr. Trump claimed that the only way he could lose an election 709 00:33:39,000 --> 00:33:43,000 would be as a result of fraud. 710 00:33:43,000 --> 00:33:45,000 >> (on video): The only way we're gonna lose this election 711 00:33:45,000 --> 00:33:48,000 is if the election is rigged. 712 00:33:48,000 --> 00:33:49,000 Remember that, it's the only way 713 00:33:49,000 --> 00:33:50,000 we're going to lose this election. 714 00:33:50,000 --> 00:33:53,000 This is going to be a fraud like you've never seen. 715 00:33:53,000 --> 00:33:55,000 Did you see what's going on? 716 00:33:55,000 --> 00:33:57,000 Take a look at West Virginia, mailmen selling the ballots, 717 00:33:57,000 --> 00:34:00,000 they're being sold, they're being dumped in rivers. 718 00:34:00,000 --> 00:34:03,000 This is a horrible thing for our country. 719 00:34:03,000 --> 00:34:04,000 >> There is no-- there is no evidence of that. 720 00:34:04,000 --> 00:34:06,000 >> This is not going to end well. 721 00:34:06,000 --> 00:34:09,000 >> NARRATOR: For the January 6th committee, 722 00:34:09,000 --> 00:34:13,000 it was crucial evidence of Trump's intent. 723 00:34:13,000 --> 00:34:16,000 >> He makes numerous speeches and, and TV... 724 00:34:16,000 --> 00:34:17,000 comments in TV interviews. 725 00:34:17,000 --> 00:34:19,000 >> You're going to see corruption 726 00:34:19,000 --> 00:34:22,000 like you've never seen, you're going to see a rigged election. 727 00:34:22,000 --> 00:34:24,000 It'll be the greatest rigged election in history, 728 00:34:24,000 --> 00:34:28,000 it'll be the greatest fraud ever perpetrated. 729 00:34:28,000 --> 00:34:30,000 >> It's all a big fraud. 730 00:34:30,000 --> 00:34:31,000 >> It's a crooked deal, it's a rigged deal, 731 00:34:31,000 --> 00:34:34,000 new ballots are coming out that are thrown in garbage cans 732 00:34:34,000 --> 00:34:36,000 with the name Trump on it. 733 00:34:36,000 --> 00:34:40,000 >> This was part of the scheme of getting his supporters 734 00:34:40,000 --> 00:34:42,000 sensitized to the fact that 735 00:34:42,000 --> 00:34:44,000 "There's going to be some fraud here." 736 00:34:44,000 --> 00:34:46,000 >> Because the only way they're going to win 737 00:34:46,000 --> 00:34:49,000 is by a rigged election, I really believe that. 738 00:34:49,000 --> 00:34:51,000 >> This is a pattern for Trump. 739 00:34:51,000 --> 00:34:54,000 He has done this every step of the way through his career, 740 00:34:54,000 --> 00:34:55,000 long before potics. 741 00:34:55,000 --> 00:34:57,000 >> My name's Donald Trump, 742 00:34:57,000 --> 00:34:59,000 and I'm the largest real estate developer in New York. 743 00:34:59,000 --> 00:35:02,000 >> When "The Apprentice" lost an Emmy to "The Amazing Race," 744 00:35:02,000 --> 00:35:05,000 he claimed that the Emmy contest was rigged. 745 00:35:05,000 --> 00:35:07,000 >> (dramatized): "Amazing Race" winning an Emmy again 746 00:35:07,000 --> 00:35:08,000 is a total joke. 747 00:35:08,000 --> 00:35:10,000 The Emmys have no credibility. (Twitter chime) 748 00:35:10,000 --> 00:35:12,000 The Emmys are all politics, 749 00:35:12,000 --> 00:35:15,000 that's why "The Apprentice" never won. (Twitter chime) 750 00:35:15,000 --> 00:35:17,000 >> The public is smart. 751 00:35:17,000 --> 00:35:18,000 They know it's a con game. 752 00:35:18,000 --> 00:35:22,000 >> I have just called President Obama 753 00:35:22,000 --> 00:35:24,000 to congratulate him on his victory. 754 00:35:24,000 --> 00:35:27,000 >> He claimed that the election was rigged in 2012 755 00:35:27,000 --> 00:35:28,000 when Mitt Romney, whom he had endorsed, 756 00:35:28,000 --> 00:35:30,000 lost to Barack Obama. 757 00:35:30,000 --> 00:35:33,000 >> (dramatized): This election is a total sham and a travesty. 758 00:35:33,000 --> 00:35:35,000 We are not a democracy. (Twitter chime) 759 00:35:35,000 --> 00:35:37,000 More reports of voting machines 760 00:35:37,000 --> 00:35:39,000 switching Romney votes to Obama. (Twitter chime) 761 00:35:39,000 --> 00:35:41,000 Let's fight like hell and stop this great 762 00:35:41,000 --> 00:35:43,000 and disgusting injustice! (Twitter chime) 763 00:35:43,000 --> 00:35:45,000 We can't let this happen. 764 00:35:45,000 --> 00:35:47,000 We should march on Washington. (Twitter chime) 765 00:35:47,000 --> 00:35:48,000 >> Every step along the way 766 00:35:48,000 --> 00:35:51,000 anything he has ever lost is because somebody else 767 00:35:51,000 --> 00:35:53,000 has cheated and stolen it from him. 768 00:35:53,000 --> 00:35:56,000 >> Fox News can now project that Texas senator Ted Cruz 769 00:35:56,000 --> 00:35:58,000 has won Iowa. 770 00:35:58,000 --> 00:36:03,000 >> Ted Cruz wins the Republican contest here in Iowa. 771 00:36:03,000 --> 00:36:04,000 >> The big question now: 772 00:36:04,000 --> 00:36:06,000 how is Donald Trump going to handle a loss? 773 00:36:06,000 --> 00:36:09,000 >> (dramatized): The State of Iowa should disqualify Ted Cruz 774 00:36:09,000 --> 00:36:13,000 from the most recent election on the basis that he cheated-- 775 00:36:13,000 --> 00:36:14,000 a total fraud. (Twitter chime) 776 00:36:14,000 --> 00:36:16,000 >> You have twted that 777 00:36:16,000 --> 00:36:19,000 Senator Ted Cruz stole the Iowa election. 778 00:36:19,000 --> 00:36:21,000 >> Everything about it was disgraceful. 779 00:36:21,000 --> 00:36:23,000 It was a fraud as far as I was concerned. 780 00:36:23,000 --> 00:36:25,000 >> Knowing what we know now-- 781 00:36:25,000 --> 00:36:30,000 I think you would go back to February 1 of 2016. 782 00:36:30,000 --> 00:36:33,000 >> It's a total voter fraud when you think of it 783 00:36:33,000 --> 00:36:36,000 and actually I came in probably first if you think about it. 784 00:36:36,000 --> 00:36:38,000 >> That episode 785 00:36:38,000 --> 00:36:42,000 was a bright red blinking light 786 00:36:42,000 --> 00:36:44,000 foreshadowing everything that was to come. 787 00:36:44,000 --> 00:36:48,000 >> The portrait that both prosecutors 788 00:36:48,000 --> 00:36:50,000 and the January 6th committee are trying to paint 789 00:36:50,000 --> 00:36:54,000 is that Trump knows what's going on. 790 00:36:54,000 --> 00:36:56,000 That this wasn't something spontaneous. 791 00:36:56,000 --> 00:36:59,000 This wasn't something that the president truly believed. 792 00:36:59,000 --> 00:37:02,000 That it was all part of an overall and illegal-- 793 00:37:02,000 --> 00:37:03,000 according to prosecutors and the committee-- 794 00:37:03,000 --> 00:37:07,000 strategy to remain in power unlawfully. 795 00:37:07,000 --> 00:37:09,000 >> NARRATOR: And in court filings, 796 00:37:09,000 --> 00:37:12,000 prosecutors have said Trump's statements are evidence 797 00:37:12,000 --> 00:37:15,000 of the criminal conspiracy at the heart of the case. 798 00:37:15,000 --> 00:37:18,000 >> "They demonstrate the defendant's common plan 799 00:37:18,000 --> 00:37:20,000 "of falsely blaming fraud for election results 800 00:37:20,000 --> 00:37:23,000 "he does not like, as well as his motive, intent, 801 00:37:23,000 --> 00:37:25,000 "and plan to obstruct the certification 802 00:37:25,000 --> 00:37:30,000 of the 2020 election results and illegitimately retain power." 803 00:37:32,000 --> 00:37:33,000 >> Intent the whole ball game. 804 00:37:33,000 --> 00:37:36,000 The jury is making an evaluation of that. 805 00:37:36,000 --> 00:37:39,000 Um, that's the most difficult thing to prove. 806 00:37:39,000 --> 00:37:43,000 Not impossible, but it is the most difficult thing to prove. 807 00:37:43,000 --> 00:37:47,000 >> NARRATOR: Robert Ray was an independent counsel 808 00:37:47,000 --> 00:37:49,000 who investigated President Bill Clinton, 809 00:37:49,000 --> 00:37:51,000 and helped get Trump acquitted 810 00:37:51,000 --> 00:37:54,000 in his first senate impeachment trial. 811 00:37:54,000 --> 00:37:58,000 >> Our system requires that a jury of 12 unanimously, 812 00:37:58,000 --> 00:38:01,000 meaning all of them, all 12 of them, 813 00:38:01,000 --> 00:38:04,000 find the defendant guilty beyond a reasonable doubt. 814 00:38:04,000 --> 00:38:06,000 (gavel bangs) 815 00:38:06,000 --> 00:38:08,000 >> NARRATOR: To try to show the president's intent, 816 00:38:08,000 --> 00:38:12,000 the committee focused on his own statements after election night. 817 00:38:12,000 --> 00:38:15,000 >> Although he publicly claimed 818 00:38:15,000 --> 00:38:16,000 that he had won the election, 819 00:38:16,000 --> 00:38:19,000 privately he admitted that 820 00:38:19,000 --> 00:38:20,000 Joe Biden would take over as president. 821 00:38:20,000 --> 00:38:24,000 >> I remember maybe a week after the election was called, 822 00:38:24,000 --> 00:38:26,000 I popped into the Oval just to like 823 00:38:26,000 --> 00:38:29,000 give the president the headlines and see how he was doing, 824 00:38:29,000 --> 00:38:30,000 and he was looking at the TV and he said, 825 00:38:30,000 --> 00:38:32,000 "Can you believe I lost to this effing guy?" 826 00:38:32,000 --> 00:38:35,000 >> At the same time that President Trump 827 00:38:35,000 --> 00:38:38,000 was acknowledging privately that he had lost the election, 828 00:38:38,000 --> 00:38:40,000 he was hearing that there was no evidence of fraud 829 00:38:40,000 --> 00:38:44,000 or irregularities sufficient to change the outcome. 830 00:38:44,000 --> 00:38:47,000 >> His campaign team, 831 00:38:47,000 --> 00:38:50,000 and this included his son-in-law Jared Kushner, 832 00:38:50,000 --> 00:38:54,000 went to him after the election was declared. 833 00:38:54,000 --> 00:38:58,000 And they didn't just rebut the claims of voter fraud. 834 00:38:58,000 --> 00:39:02,000 They explained to him their analysis of why he lost. 835 00:39:02,000 --> 00:39:04,000 They showed him the numbers 836 00:39:04,000 --> 00:39:08,000 state by state in the swing states. 837 00:39:08,000 --> 00:39:11,000 >> I made this case, I know Hope Hicks and others did to him, 838 00:39:11,000 --> 00:39:14,000 which was, "You should kind of make this a victory lap. 839 00:39:14,000 --> 00:39:17,000 "Go around the country, talk about what have accomplished, 840 00:39:17,000 --> 00:39:19,000 "and you're going to be in a great place in 2024 841 00:39:19,000 --> 00:39:22,000 to win the presidency back." 842 00:39:22,000 --> 00:39:23,000 ♪ ♪ 843 00:39:23,000 --> 00:39:25,000 >> But then you had Rudy Giuliani 844 00:39:25,000 --> 00:39:29,000 who was whispering in his ear what Trump wanted to hear. 845 00:39:29,000 --> 00:39:33,000 Trump likes the people who tell him what he wants to hear. 846 00:39:33,000 --> 00:39:36,000 And he picked, in effect, Rudy Giuliani 847 00:39:36,000 --> 00:39:40,000 in order to go down the road of challenging the election. 848 00:39:40,000 --> 00:39:43,000 >> There is strong evidence that this was an election 849 00:39:43,000 --> 00:39:46,000 that in at least three or four states, and possibly ten, 850 00:39:46,000 --> 00:39:48,000 they, they... it was stolen. 851 00:39:48,000 --> 00:39:53,000 Bringing in 100,000 ballots in garbage cans, 852 00:39:53,000 --> 00:39:56,000 and every single one of them was for Biden. 853 00:39:56,000 --> 00:39:58,000 >> NARRATOR: The federal indictment alleges that 854 00:39:58,000 --> 00:40:00,000 by the middle of November, 855 00:40:00,000 --> 00:40:04,000 Trump's conspiracy to overturn the election was underway. 856 00:40:04,000 --> 00:40:07,000 >> November 14, 2020, is an important date 857 00:40:07,000 --> 00:40:12,000 in the federal indictment of Donald Trump. 858 00:40:12,000 --> 00:40:16,000 It is the moment when Donald Trump said, "Rudy Giuliani-- 859 00:40:16,000 --> 00:40:19,000 "he's the only one who's providing me 860 00:40:19,000 --> 00:40:23,000 with a plausible path forward, and I'm going to take it." 861 00:40:23,000 --> 00:40:24,000 >> Look, you can fight it all you want. 862 00:40:24,000 --> 00:40:27,000 The reality is dead people voted. 863 00:40:27,000 --> 00:40:32,000 Over 300,000 ballots were counted in secret... 864 00:40:33,000 --> 00:40:38,000 >> Rudy Giuliani was central to a lot of these schemes, 865 00:40:38,000 --> 00:40:41,000 framing them, orchestrating them, directing other people, 866 00:40:41,000 --> 00:40:43,000 being in on the communications. 867 00:40:43,000 --> 00:40:46,000 And so once Trump made a decision 868 00:40:46,000 --> 00:40:51,000 to defer to Rudy Giuliani as the person who was setting the tone 869 00:40:51,000 --> 00:40:53,000 and giving people their talking points 870 00:40:53,000 --> 00:40:54,000 for what the approach was, 871 00:40:54,000 --> 00:40:57,000 that's when he decided to go after these nutty theories. 872 00:40:57,000 --> 00:41:01,000 >> 8,021 ballots from dead people, 873 00:41:01,000 --> 00:41:03,000 mail-in ballots for dead people. 874 00:41:03,000 --> 00:41:06,000 We're checking the records of the cemeteries 875 00:41:06,000 --> 00:41:09,000 around Philadelphia. (audience laughter) 876 00:41:09,000 --> 00:41:11,000 >> NARRATOR: During that period, 877 00:41:11,000 --> 00:41:15,000 Giuliani and Trump would repeat dozens of false allegations 878 00:41:15,000 --> 00:41:17,000 and the committee believed they had evidence 879 00:41:17,000 --> 00:41:21,000 it wasn't an honest mistake. 880 00:41:21,000 --> 00:41:23,000 >> One of the things the committee did that was critical 881 00:41:23,000 --> 00:41:25,000 was putting together this timeline in which they showed, 882 00:41:25,000 --> 00:41:26,000 very clearly, 883 00:41:26,000 --> 00:41:29,000 the president would be told one thing one day, 884 00:41:29,000 --> 00:41:31,000 not true, don't say that. 885 00:41:31,000 --> 00:41:35,000 And he would go right back out and say it the next day anyway. 886 00:41:35,000 --> 00:41:37,000 That's really important toward, I think, 887 00:41:37,000 --> 00:41:42,000 establishing intent to lie, intent to defraud. 888 00:41:42,000 --> 00:41:44,000 >> Each ballot went three times, 889 00:41:44,000 --> 00:41:46,000 here's ballot number one, here it is a second time, 890 00:41:46,000 --> 00:41:49,000 third time, next ballot. 891 00:41:49,000 --> 00:41:52,000 >> I told the president myself that these allegations 892 00:41:52,000 --> 00:41:54,000 about ballots run through the machine several times, 893 00:41:54,000 --> 00:41:56,000 it was not true. 894 00:41:56,000 --> 00:41:58,000 >> In several counties in Georgia, 895 00:41:58,000 --> 00:42:01,000 there's clear evidence that tens of thousands of votes 896 00:42:01,000 --> 00:42:04,000 were switched from President Trump to Biden. 897 00:42:04,000 --> 00:42:07,000 >> Well, Mr. President, we did a hand re-tally 898 00:42:07,000 --> 00:42:10,000 of all the ballots and compared that to what the machine said, 899 00:42:10,000 --> 00:42:12,000 and it came up with virtually the same result. 900 00:42:12,000 --> 00:42:16,000 >> In Detroit a vote dump came in unexpectedly. 901 00:42:16,000 --> 00:42:20,000 I'll tell you what's wrong: voter fraud. 902 00:42:20,000 --> 00:42:23,000 >> And then he raised the big vote dump in Detroit 903 00:42:23,000 --> 00:42:27,000 and I said, "There's no indication of fraud in Detroit." 904 00:42:27,000 --> 00:42:31,000 >> Over 10,300 ballots in Georgia were cast 905 00:42:31,000 --> 00:42:34,000 by individuals who died prior to the election. 906 00:42:34,000 --> 00:42:36,000 >> The actual number were two, 907 00:42:36,000 --> 00:42:39,000 two people that were dead that voted. 908 00:42:39,000 --> 00:42:41,000 >> You have Dominion, which those machines are fixed, 909 00:42:41,000 --> 00:42:43,000 they're rigged. 910 00:42:43,000 --> 00:42:45,000 You can press Trump and the vote goes to Biden. 911 00:42:45,000 --> 00:42:49,000 >> I specifically raised the Dominion voting machines. 912 00:42:49,000 --> 00:42:52,000 I saw absolutely zero basis for the allegations. 913 00:42:52,000 --> 00:42:56,000 I told him that it was crazy stuff. 914 00:42:56,000 --> 00:42:58,000 >> Stretching the truth in a campaign ad 915 00:42:58,000 --> 00:43:01,000 or on the debate stage is . 916 00:43:01,000 --> 00:43:03,000 But when you are using that lie 917 00:43:03,000 --> 00:43:05,000 to subvert the democratic process, 918 00:43:05,000 --> 00:43:08,000 and to convince people that they need to overturn the election, 919 00:43:08,000 --> 00:43:12,000 now you're talking about conspiracy. 920 00:43:12,000 --> 00:43:17,000 And that's what he's charged with. 921 00:43:17,000 --> 00:43:19,000 >> NARRATOR: Trump wouldn't talk to the committee, 922 00:43:19,000 --> 00:43:22,000 but he did talk to NBC News. 923 00:43:22,000 --> 00:43:25,000 >> The most senior lawyers in your own administration 924 00:43:25,000 --> 00:43:28,000 and on your campaign told you that after you lost 925 00:43:28,000 --> 00:43:31,000 more than 60 legal challenges, that it was over. 926 00:43:31,000 --> 00:43:32,000 Why did you ignore them 927 00:43:32,000 --> 00:43:35,000 and decide to listen to a new outside group of attorneys? 928 00:43:35,000 --> 00:43:36,000 >> Because I didn't respect them. 929 00:43:36,000 --> 00:43:38,000 As lawyers. >> You'd hired them. 930 00:43:38,000 --> 00:43:40,000 >> Sure. But that doesn't mean-- you know, you hire them, 931 00:43:40,000 --> 00:43:42,000 you never met these people, you get a recommendation. 932 00:43:42,000 --> 00:43:45,000 They turn out to be RINOs, or they turn out to be not so good. 933 00:43:45,000 --> 00:43:47,000 In many cases, I didn't respect them. 934 00:43:47,000 --> 00:43:49,000 But I did respect others. 935 00:43:49,000 --> 00:43:52,000 I respected many others that said the election was rigged. 936 00:43:52,000 --> 00:43:53,000 >> Were you calling the shots, though, 937 00:43:53,000 --> 00:43:56,000 Mr. President, ultimately? 938 00:43:56,000 --> 00:43:58,000 >> As to whether or not I believed it was rigged? Oh sure. 939 00:43:58,000 --> 00:44:00,000 >> Okay. >> It was my decision. 940 00:44:00,000 --> 00:44:03,000 >> NARRATOR: One of the allegations in the charges 941 00:44:03,000 --> 00:44:05,000 against Trump is that he used lies 942 00:44:05,000 --> 00:44:07,000 to carry out his criminal conspiracy. 943 00:44:07,000 --> 00:44:10,000 >> "The Defendant's knowingly false statements 944 00:44:10,000 --> 00:44:13,000 were integral to his criminal plans." 945 00:44:13,000 --> 00:44:15,000 >> NARRATOR: But to the president's defenders, 946 00:44:15,000 --> 00:44:19,000 his statements about the 2020 election, true or not, 947 00:44:19,000 --> 00:44:22,000 should be protected under the constitution. 948 00:44:22,000 --> 00:44:25,000 >> You will see Trump and those who defend him, 949 00:44:25,000 --> 00:44:28,000 essentially using the free speech defense, 950 00:44:28,000 --> 00:44:31,000 and saying that these are just words and in the end, 951 00:44:31,000 --> 00:44:34,000 it's not a crime in America to lie to the American public, 952 00:44:34,000 --> 00:44:38,000 even though Donald Trump lied to the American public a lot. 953 00:44:38,000 --> 00:44:42,000 >> This is a central area of the president's defense. 954 00:44:42,000 --> 00:44:44,000 He does have First Amendment rights, 955 00:44:44,000 --> 00:44:47,000 and particularly as president. 956 00:44:47,000 --> 00:44:51,000 And trying to turn words into criminal conduct 957 00:44:51,000 --> 00:44:53,000 is a very slippery road 958 00:44:53,000 --> 00:44:57,000 for the prosecution under the First Amendment. 959 00:44:57,000 --> 00:44:58,000 And in the event of a conviction, 960 00:44:58,000 --> 00:45:00,000 I can guarantee you this-- 961 00:45:00,000 --> 00:45:05,000 this will be point one in the brief on appeal. 962 00:45:05,000 --> 00:45:06,000 >> Lying to the government 963 00:45:06,000 --> 00:45:09,000 is not protected by the First Amendment. 964 00:45:09,000 --> 00:45:11,000 Obstructing justice is not protected 965 00:45:11,000 --> 00:45:12,000 by the First Amendment. 966 00:45:12,000 --> 00:45:15,000 >> NARRATOR: Ken White is a prominent 967 00:45:15,000 --> 00:45:19,000 criminal defense lawyer, and a First Amendment expert. 968 00:45:19,000 --> 00:45:21,000 >> And so here, the government's position is going to be, 969 00:45:21,000 --> 00:45:24,000 "We are not going after him for, u know, 970 00:45:24,000 --> 00:45:29,000 "what he said on the news, that's not the crime. 971 00:45:29,000 --> 00:45:31,000 "The crime is he's specifically pushed 972 00:45:31,000 --> 00:45:36,000 to derail specific government functions." 973 00:45:39,000 --> 00:45:44,000 ♪ ♪ 974 00:45:45,000 --> 00:45:47,000 >> NARRATOR: As they gathered their evidence, 975 00:45:47,000 --> 00:45:49,000 the January 6th committee returned again and again 976 00:45:49,000 --> 00:45:52,000 to onetate: Georgia. 977 00:45:52,000 --> 00:45:54,000 >> When Donald Trump tried 978 00:45:54,000 --> 00:45:56,000 to overturn the election results, 979 00:45:56,000 --> 00:45:59,000 he focused on just a few states. 980 00:45:59,000 --> 00:46:02,000 The former president had a particular obsession 981 00:46:02,000 --> 00:46:04,000 with Georgia. 982 00:46:04,000 --> 00:46:06,000 >> I think that Trump chose us 983 00:46:06,000 --> 00:46:09,000 because Republicans did control 984 00:46:09,000 --> 00:46:12,000 basically every level of government. 985 00:46:12,000 --> 00:46:14,000 You got the House, you got the Senate, 986 00:46:14,000 --> 00:46:17,000 all Republican controlled, not even close. 987 00:46:17,000 --> 00:46:19,000 I think he thought he could come here 988 00:46:19,000 --> 00:46:22,000 and basically just by some kind of fiat, 989 00:46:22,000 --> 00:46:25,000 say, "Okay, make it happen." 990 00:46:25,000 --> 00:46:27,000 >> NARRATOR: And it was in Georgia 991 00:46:27,000 --> 00:46:28,000 that Donald Trump received a stark warning 992 00:46:28,000 --> 00:46:32,000 from Gabriel Sterling, an election official. 993 00:46:32,000 --> 00:46:35,000 >> Gabriel Sterling explicitly warned President Trump 994 00:46:35,000 --> 00:46:38,000 about potential violence on December 1, 2020, 995 00:46:38,000 --> 00:46:41,000 more than a month before January 6. 996 00:46:41,000 --> 00:46:45,000 You will see excerpts from that video repeatedly today. 997 00:46:45,000 --> 00:46:47,000 >> Mr. President, 998 00:46:47,000 --> 00:46:51,000 it looks like you likely lost the state of Georgia. 999 00:46:51,000 --> 00:46:54,000 Stop inspiring people to commit potential acts of violen. 1000 00:46:54,000 --> 00:46:56,000 Someone's going to get hurt, someone's going to get shot, 1001 00:46:56,000 --> 00:47:01,000 someone's going to get killed, and it's not right. 1002 00:47:01,000 --> 00:47:05,000 >> Gabe Sterling called out Donald Trump. 1003 00:47:05,000 --> 00:47:07,000 He was the first to really, as far as I remember, 1004 00:47:07,000 --> 00:47:09,000 to really come out and say, "There's going-- 1005 00:47:09,000 --> 00:47:11,000 like, this is going to lead to violence." 1006 00:47:11,000 --> 00:47:13,000 >> We're investigating, there's always a possibility, 1007 00:47:13,000 --> 00:47:16,000 I get it. You have... >> Gabe Sterling is not listed 1008 00:47:16,000 --> 00:47:18,000 as some kind of Republican in name only 1009 00:47:18,000 --> 00:47:23,000 or some kind of liberal Republican prior to that moment. 1010 00:47:23,000 --> 00:47:25,000 >> I've been a Republican since I was about nine 1011 00:47:25,000 --> 00:47:27,000 when Reagan was running for reelection. 1012 00:47:27,000 --> 00:47:30,000 I was nine years old when I first kind of declared myself. 1013 00:47:30,000 --> 00:47:32,000 My mother was not very happy. 1014 00:47:32,000 --> 00:47:35,000 But my dad was pleased. 1015 00:47:35,000 --> 00:47:40,000 I was working campaigns in the late '80s and early '90s. 1016 00:47:40,000 --> 00:47:43,000 So yeah, I've been in Republican politics 1017 00:47:43,000 --> 00:47:44,000 as an operative and a volunteer 1018 00:47:44,000 --> 00:47:47,000 since before I could drive a car. 1019 00:47:47,000 --> 00:47:51,000 So yeah, I've been at it for a while. 1020 00:47:51,000 --> 00:47:53,000 >> The chair recognizes 1021 00:47:53,000 --> 00:47:55,000 the gentleman from California, Mr. Schiff, 1022 00:47:55,000 --> 00:47:57,000 for an opening statement. 1023 00:47:57,000 --> 00:48:02,000 >> Mr. Sterling, thank you also for being here today. 1024 00:48:02,000 --> 00:48:04,000 >> Schiff-- I remember they told me 1025 00:48:04,000 --> 00:48:07,000 he was going to question me, I'm like, "Damn it." 1026 00:48:07,000 --> 00:48:09,000 I can't stand that guy. 1027 00:48:09,000 --> 00:48:12,000 (laughs) He irritates me to death because I think he's wrong 1028 00:48:12,000 --> 00:48:14,000 and doesn't tell the truth a lot. 1029 00:48:14,000 --> 00:48:16,000 But I said, you know what? 1030 00:48:16,000 --> 00:48:17,000 I'm just going to play this straight. 1031 00:48:17,000 --> 00:48:19,000 I'm a fact witness, just answer the questions. 1032 00:48:19,000 --> 00:48:22,000 >> Donald Trump claims that there was 1033 00:48:22,000 --> 00:48:24,000 "massive voter fraud in Georgia." 1034 00:48:24,000 --> 00:48:27,000 Mr. Sterling, that was just plain false, wasn't it? 1035 00:48:27,000 --> 00:48:30,000 >> Yes, sir. 1036 00:48:30,000 --> 00:48:32,000 (interview): I want to give some perspective for this. 1037 00:48:32,000 --> 00:48:35,000 I was a voting systems implementation manager. 1038 00:48:35,000 --> 00:48:38,000 I was a bureaucrat of all bureaucrats, 1039 00:48:38,000 --> 00:48:40,000 basically, at that time. 1040 00:48:40,000 --> 00:48:42,000 No one should know who the hell I am. 1041 00:48:42,000 --> 00:48:45,000 I just was doing my job. 1042 00:48:45,000 --> 00:48:47,000 >> NARRATOR: Sterling was on the frontline 1043 00:48:47,000 --> 00:48:50,000 as Trump attacked the Georgia election results. 1044 00:48:50,000 --> 00:48:53,000 >> (dramatized): Thousands of uncounted votes discovered 1045 00:48:53,000 --> 00:48:54,000 in Georgia counties. (Twitter chime) 1046 00:48:54,000 --> 00:48:56,000 Big voter fraud information 1047 00:48:56,000 --> 00:48:58,000 coming out concerning Georgia. (Twitter chime) 1048 00:48:58,000 --> 00:49:01,000 Georgia Republicans are angry, all Republicans are angry. 1049 00:49:01,000 --> 00:49:03,000 Get it done! (Twitt chime) 1050 00:49:03,000 --> 00:49:06,000 >> The people in Georgia are mad. 1051 00:49:06,000 --> 00:49:07,000 They know their votes were stolen. 1052 00:49:07,000 --> 00:49:11,000 >> Georgia, of the six states I looked at, is a cesspool. 1053 00:49:11,000 --> 00:49:13,000 >> Georgia's probably going to be the first state 1054 00:49:13,000 --> 00:49:15,000 I'm going to blow up 1055 00:49:15,000 --> 00:49:17,000 and the secretary of state need to go with it. 1056 00:49:17,000 --> 00:49:20,000 >> Everyone must go to the capitol of Georgia now. 1057 00:49:20,000 --> 00:49:24,000 We need to see people power and this will do it. 1058 00:49:24,000 --> 00:49:28,000 >> (chanting): We want Trump! 1059 00:49:28,000 --> 00:49:33,000 >> NARRATOR: On the ground, tensions were mounting. 1060 00:49:34,000 --> 00:49:36,000 >> I mean you have a whole voting population 1061 00:49:36,000 --> 00:49:38,000 out there who still, today, 1062 00:49:38,000 --> 00:49:40,000 believes that this election 1063 00:49:40,000 --> 00:49:43,000 was stolen. 1064 00:49:43,000 --> 00:49:48,000 >> (chanting): America First! 1065 00:49:49,000 --> 00:49:52,000 And I they think that, you know, some fraud happed. 1066 00:49:52,000 --> 00:49:56,000 And that's how you end up in situations where they're 1067 00:49:56,000 --> 00:49:57,000 threatening the election officials in Georgia. 1068 00:49:57,000 --> 00:49:59,000 (chime) 1069 00:49:59,000 --> 00:50:00,000 >> "Keep opposing the audit, and somebody in your family 1070 00:50:00,000 --> 00:50:04,000 is going to have a very unfortunate incident." 1071 00:50:04,000 --> 00:50:05,000 "Please pray. 1072 00:50:05,000 --> 00:50:08,000 "We plan for the death of you and your family every day. 1073 00:50:08,000 --> 00:50:10,000 I'm sorry." 1074 00:50:10,000 --> 00:50:14,000 "You and your family will be killed very slowly." 1075 00:50:14,000 --> 00:50:17,000 >> It wasn't fun, I can tell you that. Um... 1076 00:50:17,000 --> 00:50:21,000 We were in the mix of... 1077 00:50:21,000 --> 00:50:22,000 a... 1078 00:50:22,000 --> 00:50:27,000 radicalized lie, essentially. 1079 00:50:28,000 --> 00:50:31,000 And it just kept on escalating. (chime) 1080 00:50:31,000 --> 00:50:34,000 >> Y'all oughta blow your (bleep) brains out 1081 00:50:34,000 --> 00:50:35,000 you piece of (bleep). 1082 00:50:35,000 --> 00:50:37,000 >> NARRATOR: The threats poured into the voicemails 1083 00:50:37,000 --> 00:50:40,000 of election officials. (chime) 1084 00:50:40,000 --> 00:50:42,000 >> Hope you're happy with the way (bleep) going 1085 00:50:42,000 --> 00:50:43,000 'cause you know who's fault this is 1086 00:50:43,000 --> 00:50:45,000 when the (bleep) (bleep) hits the goddamn fan 1087 00:50:45,000 --> 00:50:46,000 'cause you know it's coming. 1088 00:50:46,000 --> 00:50:48,000 >> We're coming after you 1089 00:50:48,000 --> 00:50:52,000 and every mother (bleep) with our Second Amendment. 1090 00:50:52,000 --> 00:50:56,000 (Bleep) enemy communist (bleep) sucker, 1091 00:50:56,000 --> 00:50:59,000 you will be served lead." 1092 00:50:59,000 --> 00:51:03,000 ♪ ♪ 1093 00:51:03,000 --> 00:51:08,000 >> It's all gone too far. 1094 00:51:09,000 --> 00:51:11,000 All of it. 1095 00:51:11,000 --> 00:51:15,000 It has to stop! 1096 00:51:15,000 --> 00:51:16,000 (interview): I had no script. 1097 00:51:16,000 --> 00:51:19,000 In fact, I didn't realize I was going to call out the president 1098 00:51:19,000 --> 00:51:22,000 until I was literally saying the words out loud at the time. 1099 00:51:22,000 --> 00:51:23,000 Mr. President, 1100 00:51:23,000 --> 00:51:26,000 you have not condemned these actions or this language. 1101 00:51:26,000 --> 00:51:29,000 This has to stop. 1102 00:51:29,000 --> 00:51:32,000 We need you to step up 1103 00:51:32,000 --> 00:51:33,000 and if you're going to take a position of leadership, 1104 00:51:33,000 --> 00:51:38,000 show some. 1105 00:51:40,000 --> 00:51:43,000 >> After you made this plea to the president, 1106 00:51:43,000 --> 00:51:45,000 did Donald Trump urge his supporters 1107 00:51:45,000 --> 00:51:46,000 to avoid the use of violence? 1108 00:51:46,000 --> 00:51:48,000 >> Not to my knowledge. 1109 00:51:48,000 --> 00:51:50,000 >> Now, as we know, 1110 00:51:50,000 --> 00:51:51,000 the president was are of your speech 1111 00:51:51,000 --> 00:51:53,000 because he tweeted about it later that day. 1112 00:51:53,000 --> 00:51:56,000 (Twitter chime) 1113 00:51:56,000 --> 00:51:59,000 >> The president retweeted a criticism 1114 00:51:59,000 --> 00:52:01,000 of Gabriel Sterling's press conference. 1115 00:52:01,000 --> 00:52:04,000 So the president was aware that there were threats of violence, 1116 00:52:04,000 --> 00:52:07,000 and he persisted in the Big Lie. 1117 00:52:07,000 --> 00:52:10,000 >> You have Gabriel Sterling saying, "People will die." 1118 00:52:10,000 --> 00:52:15,000 This was the warning and Donald Trump was unmoved by it. 1119 00:52:16,000 --> 00:52:18,000 Was there any sort of a sense 1120 00:52:18,000 --> 00:52:20,000 that maybe we ought to dial down the rhetoric, 1121 00:52:20,000 --> 00:52:21,000 that maybe this is getting out of hand, 1122 00:52:21,000 --> 00:52:25,000 maybe this is dangerous? No. 1123 00:52:25,000 --> 00:52:27,000 >> Gabriel Sterling's warning that someone could get killed, 1124 00:52:27,000 --> 00:52:30,000 I think that still remains true today. 1125 00:52:30,000 --> 00:52:31,000 Because you still have 1126 00:52:31,000 --> 00:52:33,000 the president targeting judges 1127 00:52:33,000 --> 00:52:37,000 and law clerks and witnesses. 1128 00:52:37,000 --> 00:52:39,000 And I think it is remarkable 1129 00:52:39,000 --> 00:52:41,000 that no one has been physically hurt. 1130 00:52:41,000 --> 00:52:46,000 But I think time will tell whether something does happen. 1131 00:52:50,000 --> 00:52:55,000 (sirens wailing, horns honking) 1132 00:52:57,000 --> 00:52:58,000 >> The committee plans to reveal even more evidence 1133 00:52:58,000 --> 00:53:01,000 former President Trump pressured state officials 1134 00:53:01,000 --> 00:53:04,000 to overturn the results of the 2020 election. 1135 00:53:04,000 --> 00:53:07,000 >> NARRATOR: Rusty Bowers, the Speaker of the Arizona House 1136 00:53:07,000 --> 00:53:09,000 and lifelong Republican, 1137 00:53:09,000 --> 00:53:11,000 was a crucial witness to Trump's campaign 1138 00:53:11,000 --> 00:53:13,000 of pressure on local officials. 1139 00:53:13,000 --> 00:53:15,000 >> Arizona House Speaker Rusty Bowers testifying today 1140 00:53:15,000 --> 00:53:17,000 he received numerous calls 1141 00:53:17,000 --> 00:53:20,000 asking him to decertify the Arizona electors. 1142 00:53:20,000 --> 00:53:22,000 >> NARRATOR: Bowers would testify 1143 00:53:22,000 --> 00:53:26,000 about his private conversations with the president. 1144 00:53:26,000 --> 00:53:28,000 >> Going in the room, we walked down through the hall, 1145 00:53:28,000 --> 00:53:33,000 and there's lots of people in the hallways, and then guards, 1146 00:53:33,000 --> 00:53:36,000 and then there's a doorway, and, you know, I'm thinking, 1147 00:53:36,000 --> 00:53:38,000 "Okay, how big is this room?" 1148 00:53:38,000 --> 00:53:41,000 And then I walk in the room 1149 00:53:41,000 --> 00:53:44,000 and I'm thinking, "Oh, my word. 1150 00:53:44,000 --> 00:53:47,000 (cameras clicking) 1151 00:53:47,000 --> 00:53:52,000 This is one big room." (laughs) 1152 00:53:55,000 --> 00:53:59,000 I'm like, "Wow." 1153 00:53:59,000 --> 00:54:02,000 And there's ten million photographers 1154 00:54:02,000 --> 00:54:04,000 all jammed together, 1155 00:54:04,000 --> 00:54:08,000 jostling in front of us. 1156 00:54:08,000 --> 00:54:11,000 And I'm trying to maintain composure 1157 00:54:11,000 --> 00:54:14,000 and not run screaming off down the Mall, 1158 00:54:14,000 --> 00:54:18,000 down towards the Lincoln Memorial. 1159 00:54:18,000 --> 00:54:20,000 But I saw Liz Cheney 1160 00:54:20,000 --> 00:54:22,000 and she was looking at me 1161 00:54:22,000 --> 00:54:26,000 and that kind of calmed me down. 1162 00:54:26,000 --> 00:54:28,000 (gavel bangs) 1163 00:54:28,000 --> 00:54:30,000 >> I now welcome Rusty Bowers, 1164 00:54:30,000 --> 00:54:33,000 a distinguished legislator from Arizona. 1165 00:54:33,000 --> 00:54:38,000 Speaker Bowers, thank you for being with us today. 1166 00:54:38,000 --> 00:54:40,000 >> This is a loyal, lifelong Republican. 1167 00:54:40,000 --> 00:54:44,000 He's a conservative who fought to get Trump reelected. 1168 00:54:44,000 --> 00:54:48,000 >> Arizona House Speaker Rusty Bowers, come on up here! 1169 00:54:48,000 --> 00:54:50,000 (cheers and applause) 1170 00:54:50,000 --> 00:54:52,000 >> Rusty Bowers is a compelling person. 1171 00:54:52,000 --> 00:54:56,000 It's hard to talk to him and not believe him. 1172 00:54:56,000 --> 00:54:58,000 And the stories that he told 1173 00:54:58,000 --> 00:55:00,000 about his direct communications with the president 1174 00:55:00,000 --> 00:55:04,000 were just so indicative and so powerful 1175 00:55:04,000 --> 00:55:06,000 that he was kind of an obvious choice, frankly, 1176 00:55:06,000 --> 00:55:11,000 for somebody that America needed to hear from directly. 1177 00:55:11,000 --> 00:55:12,000 >> After the election, 1178 00:55:12,000 --> 00:55:13,000 you received a phone call from President Trump 1179 00:55:13,000 --> 00:55:17,000 and Rudy Giuliani, in which they discussed the result 1180 00:55:17,000 --> 00:55:19,000 of the presidential election in Arizona. 1181 00:55:19,000 --> 00:55:24,000 If you would, tell us about that call. 1182 00:55:24,000 --> 00:55:27,000 >> Mr... the president initially laid out 1183 00:55:27,000 --> 00:55:32,000 the broad claim of fraud across the country-- 1184 00:55:32,000 --> 00:55:35,000 named different states, including my own. 1185 00:55:35,000 --> 00:55:39,000 >> What was the ask during this call? 1186 00:55:39,000 --> 00:55:41,000 He was making these allegations of fraud, 1187 00:55:41,000 --> 00:55:43,000 but he had something, or a couple things, 1188 00:55:43,000 --> 00:55:46,000 that they wanted you to do-- what were those? 1189 00:55:46,000 --> 00:55:48,000 >> They said, "Well, we have heard 1190 00:55:48,000 --> 00:55:53,000 "via an official high up in the Republican Legislature, 1191 00:55:54,000 --> 00:55:59,000 "that there is a legal theory, or a legal ability in Arizona, 1192 00:55:59,000 --> 00:56:03,000 "that you can remove the, um, 1193 00:56:03,000 --> 00:56:08,000 electors of President Biden and replace them." 1194 00:56:09,000 --> 00:56:13,000 (chuckles) Well... for them to say to me, 1195 00:56:13,000 --> 00:56:15,000 "Yeah, we just want you to throw out those electors 1196 00:56:15,000 --> 00:56:17,000 and put in Trump's." 1197 00:56:17,000 --> 00:56:20,000 I'm thinking, "Have, have I gone to another planet?" 1198 00:56:20,000 --> 00:56:24,000 I mean, it's like, what? I'm not gonna do that!" 1199 00:56:24,000 --> 00:56:27,000 I mean, I wanted him to win, okay, so what? 1200 00:56:27,000 --> 00:56:29,000 I'm not gonna cheat, I'm not gonna cheat to win. 1201 00:56:29,000 --> 00:56:31,000 What, what's that? 1202 00:56:31,000 --> 00:56:33,000 I flat out, flat out said, 1203 00:56:33,000 --> 00:56:36,000 "You're asking me to break my oath. 1204 00:56:36,000 --> 00:56:41,000 "I swore an oath-- I'm not gonna break it, period. 1205 00:56:41,000 --> 00:56:44,000 Not gonna break it." 1206 00:56:44,000 --> 00:56:47,000 I said, "Well, if you're talking this, 1207 00:56:47,000 --> 00:56:48,000 I gotta have the proof." 1208 00:56:48,000 --> 00:56:50,000 I said, "Rudy, 1209 00:56:50,000 --> 00:56:52,000 do you have the names of the dead people who voted?" 1210 00:56:52,000 --> 00:56:54,000 He goes, "Yes." 1211 00:56:54,000 --> 00:56:56,000 "And do you have the names 1212 00:56:56,000 --> 00:57:00,000 of the 200,000 illegals who voted in our election?" 1213 00:57:00,000 --> 00:57:02,000 "Yes." 1214 00:57:02,000 --> 00:57:04,000 I said, "I want those names." 1215 00:57:04,000 --> 00:57:07,000 And the presidensays, "Rudy, give the man what he wants, 1216 00:57:07,000 --> 00:57:08,000 give him what he wants." 1217 00:57:08,000 --> 00:57:10,000 He says, "Yeah, we've got them, Mr. President, 1218 00:57:10,000 --> 00:57:12,000 and I'll get them to him." 1219 00:57:12,000 --> 00:57:14,000 >> NARRATOR: In the criminal indictment, 1220 00:57:14,000 --> 00:57:17,000 Jack Smith saw the call as evidence of a crime. 1221 00:57:17,000 --> 00:57:20,000 >> "The Defendant and Co-Conspirator 1 1222 00:57:20,000 --> 00:57:23,000 "asked the Arizona House Speaker to use the legislature 1223 00:57:23,000 --> 00:57:25,000 "to circumvent the process by which 1224 00:57:25,000 --> 00:57:27,000 legitimate electors would be ascertained." 1225 00:57:27,000 --> 00:57:30,000 >> If you are calling a state official, 1226 00:57:30,000 --> 00:57:34,000 and you're asking them to nullify lawful votes, 1227 00:57:34,000 --> 00:57:36,000 and to replace them with unlawful votes, 1228 00:57:36,000 --> 00:57:40,000 that is squarely within federal statutes 1229 00:57:40,000 --> 00:57:43,000 regulating election conspiracy. 1230 00:57:43,000 --> 00:57:44,000 >> NARRATOR: Not long after the call, 1231 00:57:44,000 --> 00:57:49,000 Rudy Giuliani himself arrived in Arizona. 1232 00:57:49,000 --> 00:57:52,000 >> Did you meet with Mr. Giuliani and his associates 1233 00:57:52,000 --> 00:57:53,000 while they were in Phoenix? 1234 00:57:53,000 --> 00:57:55,000 >> Yes, I did, sir. 1235 00:57:55,000 --> 00:57:57,000 There was a row of people and-- 1236 00:57:57,000 --> 00:58:02,000 Giuliani and Jenna Ellis, I recognized them. 1237 00:58:02,000 --> 00:58:04,000 And I sat down on the opposite side. 1238 00:58:04,000 --> 00:58:07,000 And I just said, "Did you bring me the proof?" 1239 00:58:07,000 --> 00:58:09,000 And he said, "What?" 1240 00:58:09,000 --> 00:58:11,000 I said, "Do you remember our phone call 1241 00:58:11,000 --> 00:58:14,000 when you said you were going to bring me the proof?" 1242 00:58:14,000 --> 00:58:17,000 And he said, "Oh, yeah." 1243 00:58:17,000 --> 00:58:19,000 I said, "Did you bring it?" 1244 00:58:19,000 --> 00:58:21,000 And he looked-- turned to Jenna Ellis, 1245 00:58:21,000 --> 00:58:24,000 and he says, "Do you have the proof?" 1246 00:58:24,000 --> 00:58:26,000 And she said, "Yeah." 1247 00:58:26,000 --> 00:58:29,000 "Well, can we see it?" 1248 00:58:29,000 --> 00:58:31,000 She leans over and fumbles through her briefcase 1249 00:58:31,000 --> 00:58:33,000 and says, "Oh no, I don't have it here-- 1250 00:58:33,000 --> 00:58:37,000 must be at the hotel room." 1251 00:58:37,000 --> 00:58:38,000 >> This meeting or at any other later time, 1252 00:58:38,000 --> 00:58:40,000 did anyone provide you 1253 00:58:40,000 --> 00:58:42,000 with evidence of election fraud sufficient 1254 00:58:42,000 --> 00:58:44,000 to affect the outcome 1255 00:58:44,000 --> 00:58:45,000 of the presidential election in Arizona? 1256 00:58:45,000 --> 00:58:50,000 >> No one provided me, ever, such evidence. 1257 00:58:53,000 --> 00:58:55,000 (interview): Giuliani was kind of frustrated with us all 1258 00:58:55,000 --> 00:58:57,000 and he said, "You know we've got a lot of theories, 1259 00:58:57,000 --> 00:59:01,000 we just don't have the evidence." 1260 00:59:01,000 --> 00:59:04,000 (chuckles) And I, when I heard him say that, I, 1261 00:59:04,000 --> 00:59:08,000 I said... 1262 00:59:08,000 --> 00:59:10,000 "Did he just say what I thought he said?" 1263 00:59:10,000 --> 00:59:12,000 (laughs) 1264 00:59:12,000 --> 00:59:14,000 And they all looked at me, like, the same thing on their mind, 1265 00:59:14,000 --> 00:59:17,000 like, "Whoa!" (laughs) 1266 00:59:17,000 --> 00:59:19,000 You know, that, "Yeah, he just said that!" 1267 00:59:19,000 --> 00:59:22,000 That was like a rocket's red glare moment. 1268 00:59:22,000 --> 00:59:23,000 Like, wow! (laughs) 1269 00:59:23,000 --> 00:59:27,000 That's... you gotta be kidding, this is like a, 1270 00:59:27,000 --> 00:59:30,000 this is the clown show-- they're out hunting, 1271 00:59:30,000 --> 00:59:31,000 they're trying to find something, 1272 00:59:31,000 --> 00:59:34,000 and, and they're wanting us to participate in this, 1273 00:59:34,000 --> 00:59:37,000 and, and he says that? 1274 00:59:37,000 --> 00:59:42,000 Holy moly, we can't do this stuff, you know, it's like... 1275 00:59:42,000 --> 00:59:44,000 >> NARRATOR: Rudy Giuliani refused to answer questions 1276 00:59:44,000 --> 00:59:48,000 from the committee about his conversations with Bowers. 1277 00:59:48,000 --> 00:59:52,000 Trump attorney Jenna Ellis also refused. 1278 00:59:52,000 --> 00:59:54,000 For the January 6th committee, 1279 00:59:54,000 --> 00:59:58,000 that meeting with Bowers was a bombshell revelation. 1280 00:59:58,000 --> 01:00:00,000 >> "We have a lot of theories, but we don't have any evidence." 1281 01:00:00,000 --> 01:00:02,000 That shows that 1282 01:00:02,000 --> 01:00:05,000 none of this had to do with evidence or reality, right? 1283 01:00:05,000 --> 01:00:07,000 This is all about just making stuff up 1284 01:00:07,000 --> 01:00:09,000 in order to justify keeping Trump in power. 1285 01:00:09,000 --> 01:00:13,000 >> NARRATOR: The phrase Giuliani uttered would become iconic 1286 01:00:13,000 --> 01:00:17,000 and Giuliani a central figure in Trump's indictment: 1287 01:00:17,000 --> 01:00:20,000 listed as Co- Conspirator mber 1. 1288 01:00:20,000 --> 01:00:23,000 >> "Co-Conspirator 1 responded with words to the effect of, 1289 01:00:23,000 --> 01:00:28,000 'We don't have the evidence, but we have lots of theories.'" 1290 01:00:28,000 --> 01:00:31,000 >> It shows Rudy Giuliani admitting 1291 01:00:31,000 --> 01:00:33,000 that there's no evidence 1292 01:00:33,000 --> 01:00:34,000 for the theories they had, 1293 01:00:34,000 --> 01:00:36,000 that these are just talking points, 1294 01:00:36,000 --> 01:00:38,000 not backed with any fact. 1295 01:00:38,000 --> 01:00:43,000 And that's exactly the theory of the government. 1296 01:00:43,000 --> 01:00:45,000 >> During the conversation, did he bring up the fact 1297 01:00:45,000 --> 01:00:48,000 that you shared a similar party? 1298 01:00:48,000 --> 01:00:51,000 >> He would say, "Aren't we all Republicans here? 1299 01:00:51,000 --> 01:00:53,000 "I would think we would get a better reception, 1300 01:00:53,000 --> 01:00:56,000 "I mean, I would think you would listen a little more open 1301 01:00:56,000 --> 01:01:01,000 to my suggestions-- we're all Republicans." 1302 01:01:01,000 --> 01:01:04,000 For someone to ask me 1303 01:01:04,000 --> 01:01:08,000 to deny my oath and just let the courts figure it out, 1304 01:01:08,000 --> 01:01:13,000 or let somebody else, punt it to someone else, 1305 01:01:14,000 --> 01:01:18,000 is not something I will do. 1306 01:01:18,000 --> 01:01:21,000 >> What you have to understand here is that Rusty Bowers, 1307 01:01:21,000 --> 01:01:23,000 this guy who worked for Trump, 1308 01:01:23,000 --> 01:01:25,000 wanted Trump to be reelected in Arizona, 1309 01:01:25,000 --> 01:01:27,000 worked for Trump's reelection is given a choice-- 1310 01:01:27,000 --> 01:01:29,000 he can choose between his oath to the Constitution 1311 01:01:29,000 --> 01:01:31,000 or President Trump. 1312 01:01:31,000 --> 01:01:33,000 And he stays loyal to the Constitution. 1313 01:01:33,000 --> 01:01:36,000 That is, in effect, what... the choice that he's given. 1314 01:01:36,000 --> 01:01:38,000 >> Even in the past when there have been... 1315 01:01:38,000 --> 01:01:41,000 >> Rusty Bowers speaks with a moral and legal clarity 1316 01:01:41,000 --> 01:01:43,000 that's very necessary to understand. 1317 01:01:43,000 --> 01:01:46,000 >> We choose to follow the outcome 1318 01:01:46,000 --> 01:01:47,000 of the will of the people. 1319 01:01:47,000 --> 01:01:52,000 It's, it's my oath. 1320 01:01:52,000 --> 01:01:56,000 And, and I hope that I'll never break that. 1321 01:01:56,000 --> 01:01:58,000 I know I'm not, you know, I'm not perfect. 1322 01:01:58,000 --> 01:02:01,000 I'm certainly not a perfect witness. 1323 01:02:01,000 --> 01:02:04,000 But I am a witness. 1324 01:02:04,000 --> 01:02:09,000 And, uh... 1325 01:02:09,000 --> 01:02:12,000 I had my say. 1326 01:02:12,000 --> 01:02:14,000 And I wasn't trying to flower it up, 1327 01:02:14,000 --> 01:02:17,000 I wasn't trying to be 1328 01:02:17,000 --> 01:02:20,000 anything other than just Rusty. 1329 01:02:20,000 --> 01:02:25,000 ♪ ♪ 1330 01:02:27,000 --> 01:02:30,000 >> NARRATOR: Rusty Bowers is now a key witness 1331 01:02:30,000 --> 01:02:32,000 on a central charge of the indictment. 1332 01:02:32,000 --> 01:02:34,000 >> "The Defendant and his co-conspirators 1333 01:02:34,000 --> 01:02:37,000 "executed a strategy to use knowing deceit 1334 01:02:37,000 --> 01:02:40,000 "in the targeted states to impair, obstruct 1335 01:02:40,000 --> 01:02:43,000 and defeat the federal government function." 1336 01:02:43,000 --> 01:02:45,000 >> NARRATOR: In their filings, 1337 01:02:45,000 --> 01:02:46,000 Trump's lawyers have argued 1338 01:02:46,000 --> 01:02:49,000 he is immune from prosecution 1339 01:02:49,000 --> 01:02:50,000 because was doing his job as president 1340 01:02:50,000 --> 01:02:54,000 when he worked to change the election results. 1341 01:02:54,000 --> 01:02:56,000 >> "The indictment is based entirely 1342 01:02:56,000 --> 01:02:58,000 "on alleged actions within the heartland 1343 01:02:58,000 --> 01:02:59,000 "of President Trump's official duties, 1344 01:02:59,000 --> 01:03:01,000 "or at the very least, 1345 01:03:01,000 --> 01:03:05,000 within the 'outer perimeter' of his official duties." 1346 01:03:05,000 --> 01:03:07,000 >> The former president has a motion claiming 1347 01:03:07,000 --> 01:03:12,000 that he is immune from criminal process 1348 01:03:12,000 --> 01:03:16,000 with regard to these charges which involve his official acts 1349 01:03:16,000 --> 01:03:19,000 as president of the United States. 1350 01:03:19,000 --> 01:03:21,000 >> "As President Trump is absolutely immune 1351 01:03:21,000 --> 01:03:23,000 "from criminal prosecution for such acts, 1352 01:03:23,000 --> 01:03:25,000 the Court should dismiss the indictment." 1353 01:03:25,000 --> 01:03:27,000 >> Donald Trump's legal team 1354 01:03:27,000 --> 01:03:28,000 suggesting that even a president 1355 01:03:28,000 --> 01:03:31,000 who had a political rival assassinated 1356 01:03:31,000 --> 01:03:36,000 could still be immune from criminal prosecution. 1357 01:03:36,000 --> 01:03:39,000 >> NARRATOR: The federal judge presiding over the case 1358 01:03:39,000 --> 01:03:42,000 has already rejected Trump's immunity claims, 1359 01:03:42,000 --> 01:03:46,000 saying a president is not entitled to a life-long, 1360 01:03:46,000 --> 01:03:48,000 get-out-of-jail-free pass. 1361 01:03:48,000 --> 01:03:50,000 >> The questions being raised right now 1362 01:03:50,000 --> 01:03:52,000 regarding presidential immunity, 1363 01:03:52,000 --> 01:03:56,000 are absolutely key to the very foundation, 1364 01:03:56,000 --> 01:04:01,000 the very philosophical foundation of this republic. 1365 01:04:01,000 --> 01:04:02,000 Because if you take an oath of office 1366 01:04:02,000 --> 01:04:04,000 in the United States of America, 1367 01:04:04,000 --> 01:04:09,000 you're swearing an oath to our system of government. 1368 01:04:09,000 --> 01:04:11,000 And so, if a president 1369 01:04:11,000 --> 01:04:14,000 is not subject to that system of government, 1370 01:04:14,000 --> 01:04:15,000 if he's not subject to that code of laws, 1371 01:04:15,000 --> 01:04:20,000 we don't have quite the republic that we thought we had. 1372 01:04:20,000 --> 01:04:22,000 (siren wailing) 1373 01:04:22,000 --> 01:04:24,000 >> NARRATOR: An appeals court is now considering 1374 01:04:24,000 --> 01:04:26,000 the question of immunity. 1375 01:04:26,000 --> 01:04:29,000 Whatever the decision, both sides could appeal 1376 01:04:29,000 --> 01:04:34,000 to the United States Supreme Court. 1377 01:04:39,000 --> 01:04:44,000 (indistinct chatter) 1378 01:04:44,000 --> 01:04:47,000 ♪ ♪ 1379 01:04:47,000 --> 01:04:48,000 The committee's investigation kept bringing them 1380 01:04:48,000 --> 01:04:51,000 back to what happened in Georgia. 1381 01:04:51,000 --> 01:04:52,000 (laughter) 1382 01:04:52,000 --> 01:04:54,000 >> Mr. Giuliani, what are you doing here in Georgia? 1383 01:04:54,000 --> 01:04:55,000 >> You'll see. 1384 01:04:55,000 --> 01:04:57,000 >> NARRATOR: Giuliani was there 1385 01:04:57,000 --> 01:05:00,000 to make his case to the Republican state legislature. 1386 01:05:00,000 --> 01:05:02,000 >> Bless you, too. >> Don't give up. 1387 01:05:02,000 --> 01:05:04,000 >> Oh, I'm not giving up. >> Never, never give up. 1388 01:05:04,000 --> 01:05:05,000 >> Nope. 1389 01:05:05,000 --> 01:05:09,000 >> He was very jovial, I have to tell you. 1390 01:05:09,000 --> 01:05:11,000 I think he had gotten 1391 01:05:11,000 --> 01:05:14,000 basically a king's welcome by all the Republicans. 1392 01:05:14,000 --> 01:05:15,000 (cameras clicking) 1393 01:05:15,000 --> 01:05:19,000 It was like, you know, he was their superstar or whatever. 1394 01:05:19,000 --> 01:05:21,000 (man laughs) 1395 01:05:21,000 --> 01:05:23,000 They all wanted pictures with him. 1396 01:05:23,000 --> 01:05:25,000 They were all so impressed with him 1397 01:05:25,000 --> 01:05:27,000 and couldn't believe that he was there. 1398 01:05:27,000 --> 01:05:31,000 Um, very obsequious. 1399 01:05:31,000 --> 01:05:33,000 (cheers and applause) 1400 01:05:33,000 --> 01:05:35,000 >> We appreciate you, Rudy. We love you, Rudy! 1401 01:05:35,000 --> 01:05:37,000 >> NARRATOR: Giuliani and others from Trump's team 1402 01:05:37,000 --> 01:05:40,000 had come with a conspiracy theory: 1403 01:05:40,000 --> 01:05:45,000 election workers were counting suitcases of illegal ballots. 1404 01:05:45,000 --> 01:05:46,000 >> Tha you, Mr. Chairman. >> Thank you-- Senator Jordan? 1405 01:05:46,000 --> 01:05:48,000 >> Thank you, Mr. Chairman. 1406 01:05:48,000 --> 01:05:51,000 >> NARRATOR: Jen Jordan, a Democratic state senator, 1407 01:05:51,000 --> 01:05:53,000 was in the room with Giuliani, 1408 01:05:53,000 --> 01:05:56,000 Jenna Ellis, and Trump's other lawyers. 1409 01:05:56,000 --> 01:06:00,000 >> They are going to pull ballots out 1410 01:06:00,000 --> 01:06:02,000 from underneath a table. 1411 01:06:02,000 --> 01:06:04,000 Watch this table. 1412 01:06:04,000 --> 01:06:07,000 >> You had the woman who was narrating. 1413 01:06:07,000 --> 01:06:10,000 >> This table, the black one, was placed there 1414 01:06:10,000 --> 01:06:13,000 by the lady with the blonde braids. 1415 01:06:13,000 --> 01:06:15,000 >> And saying, "You see this woman here? 1416 01:06:15,000 --> 01:06:17,000 You see her here?" 1417 01:06:17,000 --> 01:06:19,000 >> At about 8:00 in the morning, 1418 01:06:19,000 --> 01:06:21,000 we're going to roll this back and show it to you-- 1419 01:06:21,000 --> 01:06:23,000 there you go-- so now they're going to start 1420 01:06:23,000 --> 01:06:25,000 pulling these ballots out from under this table. 1421 01:06:25,000 --> 01:06:28,000 I don't know the name of the lady in the blonde braids, 1422 01:06:28,000 --> 01:06:32,000 but one of them had the name Ruby across her shirt somewhere. 1423 01:06:32,000 --> 01:06:36,000 >> "She's taking the ballots o, 1424 01:06:36,000 --> 01:06:38,000 filling them in or she's stealing these ballots." 1425 01:06:38,000 --> 01:06:41,000 >> NARRATOR: It was an allegation 1426 01:06:41,000 --> 01:06:43,000 Trump personally amplified. 1427 01:06:43,000 --> 01:06:46,000 >> There's even security camera footage from Georgia 1428 01:06:46,000 --> 01:06:50,000 that shows officials telling poll watchers to leave the room 1429 01:06:50,000 --> 01:06:52,000 before pulling suitcases of ballots 1430 01:06:52,000 --> 01:06:57,000 out from under the tables and continuing to count for hours. 1431 01:06:58,000 --> 01:07:00,000 >> They kept on recycling these things. 1432 01:07:00,000 --> 01:07:04,000 >> The footage appears to show poll workers 1433 01:07:04,000 --> 01:07:06,000 >> It's like playing outwhack-a-mole.... 1434 01:07:06,000 --> 01:07:07,000 >> Yeah, how about those suitcases 1435 01:07:07,000 --> 01:07:09,000 that were pulled out from the table in Georgia. 1436 01:07:09,000 --> 01:07:11,000 >> Looking at ballots, they're finding them under the tables. 1437 01:07:11,000 --> 01:07:13,000 I mean, this is like a banana republic. 1438 01:07:13,000 --> 01:07:16,000 >> NARRATOR: But the full surveillance video didn't show 1439 01:07:16,000 --> 01:07:19,000 what Trump and Giuliani claimed. 1440 01:07:19,000 --> 01:07:20,000 >> The magic suitcases, 1441 01:07:20,000 --> 01:07:21,000 which were really just ballot carriers 1442 01:07:21,000 --> 01:07:23,000 that had been put under the table about an hour earlier 1443 01:07:23,000 --> 01:07:24,000 and they were placed under there 1444 01:07:24,000 --> 01:07:26,000 with the monitors and the press in the room. 1445 01:07:26,000 --> 01:07:29,000 >> NARRATOR: A day after Giuliani's presentation, 1446 01:07:29,000 --> 01:07:31,000 the video aired on local TV. 1447 01:07:31,000 --> 01:07:33,000 Their claims were debunked. 1448 01:07:33,000 --> 01:07:35,000 >> This is the short section of the video 1449 01:07:35,000 --> 01:07:37,000 the Trump team has shared. 1450 01:07:37,000 --> 01:07:39,000 It's not suitcases being pulled from under that table, 1451 01:07:39,000 --> 01:07:42,000 but official sealed ballot containers. 1452 01:07:42,000 --> 01:07:45,000 If we go back in the video to hours before, 1453 01:07:45,000 --> 01:07:47,000 you can see that table being brought into the room 1454 01:07:47,000 --> 01:07:48,000 at 8:22 a.m. 1455 01:07:48,000 --> 01:07:50,000 Nothing underneath, no hidden suitcases. 1456 01:07:50,000 --> 01:07:53,000 As ballots that have been opened, but not counted, 1457 01:07:53,000 --> 01:07:55,000 are placed in the boxes, sealed up 1458 01:07:55,000 --> 01:07:57,000 and stored under the table. 1459 01:07:57,000 --> 01:07:58,000 >> No magical appearing ballots. 1460 01:07:58,000 --> 01:07:59,000 These were ballots that were processed 1461 01:07:59,000 --> 01:08:01,000 in front of the monitors, 1462 01:08:01,000 --> 01:08:02,000 put in the boxes in front of the monitors 1463 01:08:02,000 --> 01:08:03,000 and placed there in front of the monitors. 1464 01:08:03,000 --> 01:08:06,000 And I, I'll go to my deathbed, 1465 01:08:06,000 --> 01:08:08,000 knowing that they knowingly lied. 1466 01:08:08,000 --> 01:08:09,000 They looked in the state senators' eyes, 1467 01:08:09,000 --> 01:08:10,000 the people of Georgia, 1468 01:08:10,000 --> 01:08:12,000 the people of America and lied to them about this, 1469 01:08:12,000 --> 01:08:13,000 and knew they were lying, 1470 01:08:13,000 --> 01:08:15,000 to try to keep this charade going on 1471 01:08:15,000 --> 01:08:18,000 that there was fraud in Georgia. 1472 01:08:18,000 --> 01:08:21,000 >> NARRATOR: But the conspiracy theories continued. 1473 01:08:21,000 --> 01:08:23,000 >> This is not a conspiracy theory, 1474 01:08:23,000 --> 01:08:25,000 those are legitimate questions. 1475 01:08:25,000 --> 01:08:28,000 >> I think the woman in charge here is named Rubyreeman, 1476 01:08:28,000 --> 01:08:30,000 and I think her daughter Shay Freeman Moss, 1477 01:08:30,000 --> 01:08:32,000 either was helping here or helping her earlier. 1478 01:08:32,000 --> 01:08:35,000 >> NARRATOR: Giuliani had caed out by name 1479 01:08:35,000 --> 01:08:37,000 two election workers-- 1480 01:08:37,000 --> 01:08:40,000 Shaye Moss and Ruby Freeman. 1481 01:08:40,000 --> 01:08:43,000 >> After pulling out hidden boxes stuffed with ballots, 1482 01:08:43,000 --> 01:08:46,000 Ruby Freeman, as seen here in this video, 1483 01:08:46,000 --> 01:08:48,000 repeatedly scanned the same batch of ballots 1484 01:08:48,000 --> 01:08:50,000 at least three times. 1485 01:08:50,000 --> 01:08:53,000 >> NARRATOR: Like the claim about suitcases of ballots, 1486 01:08:53,000 --> 01:08:54,000 it wasn't true. 1487 01:08:54,000 --> 01:08:56,000 >> The secondary part of that was, 1488 01:08:56,000 --> 01:08:58,000 "They were scanning multiple times, multiple times." 1489 01:08:58,000 --> 01:09:01,000 And a standard operating procedure is, 1490 01:09:01,000 --> 01:09:02,000 if there's a mis-scan, 1491 01:09:02,000 --> 01:09:04,000 you delete that batch and straighten it up like you do. 1492 01:09:04,000 --> 01:09:07,000 And then run it through again-- and that's what they were doing. 1493 01:09:07,000 --> 01:09:09,000 And the reason we know that's the case is because 1494 01:09:09,000 --> 01:09:11,000 we had a hand tally that showed 1495 01:09:11,000 --> 01:09:13,000 the number of ballots matched what was counted. 1496 01:09:13,000 --> 01:09:18,000 So we know that they didn't do that. 1497 01:09:19,000 --> 01:09:24,000 >> I now welcome Andrea "Shaye" Moss. 1498 01:09:24,000 --> 01:09:28,000 In December 2020, Miss Moss and her mother, 1499 01:09:28,000 --> 01:09:31,000 Ms. Ruby Freeman became the target... 1500 01:09:31,000 --> 01:09:33,000 >> People say, "You know, 1501 01:09:33,000 --> 01:09:36,000 I know somebody just like 1502 01:09:36,000 --> 01:09:37,000 those two ladies in my community 1503 01:09:37,000 --> 01:09:39,000 who work elections." 1504 01:09:39,000 --> 01:09:44,000 And they're just everyday people. 1505 01:09:44,000 --> 01:09:46,000 To have them as a witness 1506 01:09:46,000 --> 01:09:50,000 for our committee, I think, was very powerful. 1507 01:09:50,000 --> 01:09:51,000 I understand that you are here 1508 01:09:51,000 --> 01:09:54,000 along with your mother today. 1509 01:09:54,000 --> 01:09:59,000 Uh, would you like to introduce your momma? 1510 01:10:02,000 --> 01:10:06,000 Hi, Ma. (chuckles) 1511 01:10:06,000 --> 01:10:08,000 >> Well, I know the events that we're here to talk about today 1512 01:10:08,000 --> 01:10:12,000 are incrediblyifficult to relive. 1513 01:10:12,000 --> 01:10:14,000 I'd like to show you some of the statements 1514 01:10:14,000 --> 01:10:15,000 that Rudy Giuliani made 1515 01:10:15,000 --> 01:10:18,000 a week after that video clip from State Farm Arena 1516 01:10:18,000 --> 01:10:20,000 was first circulated 1517 01:10:20,000 --> 01:10:23,000 by Mr. Giuliani and President Trump. 1518 01:10:23,000 --> 01:10:25,000 I want to advise viewers that these statements 1519 01:10:25,000 --> 01:10:29,000 are completely false and also deeply disturbing. 1520 01:10:29,000 --> 01:10:32,000 >> Tape earlier in the day 1521 01:10:32,000 --> 01:10:34,000 of Ruby Freeman and Shaye Freeman Moss 1522 01:10:34,000 --> 01:10:36,000 and one other gentleman quite obviously, 1523 01:10:36,000 --> 01:10:40,000 surreptitiously, passing around USB ports 1524 01:10:40,000 --> 01:10:43,000 as if they're vials of heroin or cocaine. 1525 01:10:43,000 --> 01:10:45,000 >> He sounded a lot more despera. 1526 01:10:45,000 --> 01:10:49,000 Quite frankly, he seemed more unhinged. 1527 01:10:49,000 --> 01:10:53,000 He made some overtly racist comments. 1528 01:10:53,000 --> 01:10:56,000 >> They look like they're passing out dope, 1529 01:10:56,000 --> 01:10:58,000 not just ballots. 1530 01:10:58,000 --> 01:11:01,000 It is quite clear they are stealing votes. 1531 01:11:01,000 --> 01:11:03,000 They're still walking around Georgia, 1532 01:11:03,000 --> 01:11:05,000 lying. 1533 01:11:05,000 --> 01:11:07,000 They should have been, they should have been, 1534 01:11:07,000 --> 01:11:10,000 they should have been questioned already. 1535 01:11:10,000 --> 01:11:13,000 Their places of work, their homes should've been searched 1536 01:11:13,000 --> 01:11:17,000 for evidence of ballots, evidence of USB ports, 1537 01:11:17,000 --> 01:11:22,000 for evidence of voter fraud. 1538 01:11:24,000 --> 01:11:25,000 >> NARRATOR: But there was no evidence 1539 01:11:25,000 --> 01:11:27,000 that they were passing USB drives. 1540 01:11:27,000 --> 01:11:30,000 >> In one of the videos we just watched, 1541 01:11:30,000 --> 01:11:31,000 Mr. Giuliani accused you and your mother 1542 01:11:31,000 --> 01:11:33,000 of passing some sort of USB drive 1543 01:11:33,000 --> 01:11:35,000 to each other. 1544 01:11:35,000 --> 01:11:37,000 What was your mom actually 1545 01:11:37,000 --> 01:11:39,000 handing you on that video? 1546 01:11:39,000 --> 01:11:43,000 >> A ginger mint. 1547 01:11:43,000 --> 01:11:46,000 >> Passing along a ginger mint back and forth 1548 01:11:46,000 --> 01:11:51,000 gets spun up into this baseless theory, not an accident. 1549 01:11:51,000 --> 01:11:53,000 It is meant to stir up people's anger. 1550 01:11:53,000 --> 01:11:55,000 >> It wasn't just Rudy Giuliani. 1551 01:11:55,000 --> 01:11:57,000 >> And these two Black women 1552 01:11:57,000 --> 01:12:01,000 who are ing their civic duty are vilified. 1553 01:12:01,000 --> 01:12:04,000 >> It really does end up ruining people's lives. 1554 01:12:04,000 --> 01:12:07,000 I mean, I can't tell you how many emails I got 1555 01:12:07,000 --> 01:12:09,000 with respect to Shaye Moss and Ruby Freeman 1556 01:12:09,000 --> 01:12:14,000 and that they should be strung up. 1557 01:12:40,000 --> 01:12:42,000 >> Were a lot of these threats 1558 01:12:42,000 --> 01:12:45,000 and vile comments racist in nature? 1559 01:12:45,000 --> 01:12:50,000 >> A lot of them were racist, a lot of them were just hateful. 1560 01:12:50,000 --> 01:12:55,000 A lot of threats, um, wishing death upon me, um... 1561 01:12:57,000 --> 01:13:01,000 Telling me that, you know, I'll be in jail with my mother 1562 01:13:01,000 --> 01:13:04,000 and saying things like, 1563 01:13:04,000 --> 01:13:09,000 "Be glad it's 2020 and not 1920." 1564 01:13:11,000 --> 01:13:16,000 >> These women, whose lives had been completely destroyed, 1565 01:13:17,000 --> 01:13:19,000 that's where the story 1566 01:13:19,000 --> 01:13:24,000 about the state pressure ca. 1567 01:13:24,000 --> 01:13:26,000 >> I felt horrible. 1568 01:13:26,000 --> 01:13:29,000 I felt like it was all my fault, 1569 01:13:29,000 --> 01:13:32,000 like, if I would have never decided 1570 01:13:32,000 --> 01:13:36,000 to be an elections worker, like, I could have done 1571 01:13:36,000 --> 01:13:39,000 anything else, but that's what I decided to do. 1572 01:13:39,000 --> 01:13:44,000 And now people are lying and spreading rumors and lies 1573 01:13:44,000 --> 01:13:46,000 and attacking my mom. 1574 01:13:46,000 --> 01:13:50,000 I'm her only child. 1575 01:13:50,000 --> 01:13:52,000 I just felt like it was, it was my fault 1576 01:13:52,000 --> 01:13:56,000 for putting my family in this situation. 1577 01:13:56,000 --> 01:13:58,000 ♪ ♪ 1578 01:13:58,000 --> 01:14:01,000 >> There are real-world consequences 1579 01:14:01,000 --> 01:14:03,000 to lying and attacking 1580 01:14:03,000 --> 01:14:08,000 and demonizing innocent people in this country. 1581 01:14:08,000 --> 01:14:10,000 And Donald Trump has always been very heedless 1582 01:14:10,000 --> 01:14:14,000 of the human costs of his lies and his gaslighting. 1583 01:14:14,000 --> 01:14:19,000 And this is a very painful example of that. 1584 01:14:20,000 --> 01:14:22,000 >> Ms. Moss, I want to thank you for coming in to speak with us, 1585 01:14:22,000 --> 01:14:27,000 and to thank you for your service to our democracy. 1586 01:14:27,000 --> 01:14:29,000 With your permission, 1587 01:14:29,000 --> 01:14:33,000 I would like to give your mother the last word. 1588 01:14:33,000 --> 01:14:35,000 >> My name is Ruby Freeman. 1589 01:14:35,000 --> 01:14:38,000 I've always believed it 1590 01:14:38,000 --> 01:14:40,000 when God says that He'll make your name great, 1591 01:14:40,000 --> 01:14:44,000 but this is not the way it was supposed to be. 1592 01:14:44,000 --> 01:14:46,000 (soft chuckle) 1593 01:14:46,000 --> 01:14:50,000 I built my own business around that name, 1594 01:14:50,000 --> 01:14:53,000 LaRuby's Unique Treasures, 1595 01:14:53,000 --> 01:14:58,000 a pop-up shop catering to ladies with unique fashions. 1596 01:14:58,000 --> 01:15:01,000 I wore a shirt that proudly proclaimed 1597 01:15:01,000 --> 01:15:05,000 that I was and I am Lady Ruby. 1598 01:15:05,000 --> 01:15:09,000 Actually, I had that shirt on-- 1599 01:15:09,000 --> 01:15:11,000 I had that shirt in every color. 1600 01:15:11,000 --> 01:15:14,000 I wore that shirt on Election Day 2020. 1601 01:15:14,000 --> 01:15:17,000 I haven't worn it since, 1602 01:15:17,000 --> 01:15:19,000 and I'll never wear it again. 1603 01:15:19,000 --> 01:15:24,000 Now I won't even introduce myself by my name anymore. 1604 01:15:26,000 --> 01:15:29,000 There is nowhere I feel safe. 1605 01:15:29,000 --> 01:15:31,000 Nowhere. 1606 01:15:31,000 --> 01:15:35,000 Do you know how it feels to have 1607 01:15:35,000 --> 01:15:40,000 the president of the United States to target you? 1608 01:15:40,000 --> 01:15:43,000 The president of the United States is supposed 1609 01:15:43,000 --> 01:15:46,000 to represent every American. 1610 01:15:46,000 --> 01:15:49,000 Not to target one. 1611 01:15:49,000 --> 01:15:53,000 But he targeted me, Lady Ruby, 1612 01:15:53,000 --> 01:15:56,000 a small business owner, a mother, 1613 01:15:56,000 --> 01:15:58,000 a proud American citizen 1614 01:15:58,000 --> 01:16:03,000 who stand up to help Fulton County run an election 1615 01:16:03,000 --> 01:16:06,000 in the middle of the pandemic. 1616 01:16:06,000 --> 01:16:11,000 ♪ ♪ 1617 01:16:13,000 --> 01:16:15,000 >> NARRATOR: Federal prosecutors have cited 1618 01:16:15,000 --> 01:16:18,000 the lies about Freeman and Moss in their indictment. 1619 01:16:18,000 --> 01:16:22,000 >> "Co-Conspirator 1 orchestrated a presentation 1620 01:16:22,000 --> 01:16:25,000 "to a judiciary subcommittee of the Georgia state senate, 1621 01:16:25,000 --> 01:16:27,000 "with the intention of misleading state senators 1622 01:16:27,000 --> 01:16:31,000 into blocking the ascertainment of legitimate electors." 1623 01:16:31,000 --> 01:16:34,000 >> Breaking news in Georgis investigation 1624 01:16:34,000 --> 01:16:38,000 into alleged interference in the 2020 presidential election. 1625 01:16:38,000 --> 01:16:40,000 >> NARRATOR: In Georgia, prosecutors have ao weighed in 1626 01:16:40,000 --> 01:16:42,000 with their own charges. 1627 01:16:42,000 --> 01:16:43,000 >> "Members of the enterprise, 1628 01:16:43,000 --> 01:16:45,000 "including several of the defendants, 1629 01:16:45,000 --> 01:16:49,000 "falsely accused Fulton County election worker Ruby Freeman 1630 01:16:49,000 --> 01:16:53,000 of committing election crimes in Fulton County, Georgia." 1631 01:16:53,000 --> 01:16:54,000 (flash bulb pops) 1632 01:16:54,000 --> 01:16:55,000 >> NARRATOR: Trump, Giuliani and others 1633 01:16:55,000 --> 01:16:58,000 have been charged in Georgia with a host of crimes 1634 01:16:58,000 --> 01:17:02,000 related to their attempts to overturn the 2020 election. 1635 01:17:02,000 --> 01:17:05,000 While Trump and Giuliani await trial, 1636 01:17:05,000 --> 01:17:08,000 four of their codefendants have pled guilty, 1637 01:17:08,000 --> 01:17:11,000 including Jenna Ellis. 1638 01:17:11,000 --> 01:17:13,000 >> If I knew then what I know now, 1639 01:17:13,000 --> 01:17:16,000 I would have declined to represent Donald Trump. 1640 01:17:16,000 --> 01:17:19,000 I look back on this whole experience with deep remorse 1641 01:17:19,000 --> 01:17:21,000 for those failures of mine, Your Honor. 1642 01:17:21,000 --> 01:17:23,000 >> It's very important that 1643 01:17:23,000 --> 01:17:25,000 Jenna Ellis pled guilty to criminal charges. 1644 01:17:25,000 --> 01:17:27,000 Because it raises the point that, "Wait a minute, 1645 01:17:27,000 --> 01:17:30,000 this wasn't a traditional lawyer-client relationship." 1646 01:17:30,000 --> 01:17:35,000 And so when you have lawyers pleading guilty to crimes, 1647 01:17:35,000 --> 01:17:37,000 that is broadcasting loudly 1648 01:17:37,000 --> 01:17:42,000 that they were not providing conventional legal advice. 1649 01:17:42,000 --> 01:17:43,000 >> NARRATOR: In a separate civil case, 1650 01:17:43,000 --> 01:17:46,000 a federal court ordered Rudy Giuliani 1651 01:17:46,000 --> 01:17:50,000 to pay $146 million for defaming Freeman and Moss. 1652 01:17:50,000 --> 01:17:52,000 >> A legal loss for Rudy Giuliani 1653 01:17:52,000 --> 01:17:53,000 that could cost him millions. 1654 01:17:53,000 --> 01:17:56,000 >> Rudy Giuliani, the once-respected New York mayor 1655 01:17:56,000 --> 01:17:58,000 and former attorney for Donald Trump, 1656 01:17:58,000 --> 01:18:00,000 has filed for bankruptcy. 1657 01:18:00,000 --> 01:18:01,000 >> Forced to declare bankruptcy, 1658 01:18:01,000 --> 01:18:03,000 the latest chapter in a dramatic fall 1659 01:18:03,000 --> 01:18:08,000 for the man once dubbed "America's mayor." 1660 01:18:15,000 --> 01:18:18,000 >> NARRATOR: As the January 6th hearings continued, 1661 01:18:18,000 --> 01:18:22,000 the committee linked the efforts in Georgia to Trump personally. 1662 01:18:22,000 --> 01:18:23,000 (gavel bangs) 1663 01:18:23,000 --> 01:18:27,000 They had evidence and a witness. 1664 01:18:27,000 --> 01:18:28,000 >> Brad Raffensperger 1665 01:18:28,000 --> 01:18:31,000 is the 29th Secretary of State of Georgia, 1666 01:18:31,000 --> 01:18:36,000 serving in this role since 2019. 1667 01:18:36,000 --> 01:18:37,000 >> My job as secretary of state 1668 01:18:37,000 --> 01:18:42,000 is to make sure we have honest, fair, and accurate elections. 1669 01:18:43,000 --> 01:18:45,000 >> He's a very strong Christian, 1670 01:18:45,000 --> 01:18:47,000 hand he's very conservative.n, 1671 01:18:47,000 --> 01:18:50,000 He was an engineer. 1672 01:18:50,000 --> 01:18:52,000 Now, being an engineer allowed him 1673 01:18:52,000 --> 01:18:54,000 to lean into the numbers, and lean into the data. 1674 01:18:54,000 --> 01:18:57,000 He felt very comfortable with that, 1675 01:18:57,000 --> 01:19:00,000 which is, you know, a rare thing for anybody in politics, 1676 01:19:00,000 --> 01:19:02,000 because engineers are very mathematical, 1677 01:19:02,000 --> 01:19:04,000 very linear, you know, 1678 01:19:04,000 --> 01:19:07,000 not always the biggest personalities. 1679 01:19:07,000 --> 01:19:10,000 >> I looked at, as the office osecretary of state, 1680 01:19:10,000 --> 01:19:13,000 as how do we really improve the process of elections. 1681 01:19:13,000 --> 01:19:17,000 All 159 counties had new election equipment 1682 01:19:17,000 --> 01:19:19,000 with a verifiable paper ballot 1683 01:19:19,000 --> 01:19:23,000 ready for the election of 2020. 1684 01:19:23,000 --> 01:19:25,000 >> NARRATOR: It was a phone call from the president 1685 01:19:25,000 --> 01:19:28,000 that put Raffensperger at the center of the hearings. 1686 01:19:28,000 --> 01:19:33,000 (dial tone, phone dialing out) 1687 01:19:38,000 --> 01:19:39,000 >> That phone call 1688 01:19:39,000 --> 01:19:42,000 is one of the most powerful piec of evidence 1689 01:19:42,000 --> 01:19:44,000 that's come out of 1690 01:19:44,000 --> 01:19:46,000 this, this post-election period. 1691 01:19:46,000 --> 01:19:49,000 (electronic beeping, indistinct chatter) 1692 01:19:49,000 --> 01:19:53,000 (connecting tone) 1693 01:19:53,000 --> 01:19:58,000 >> Oh-- uh... 1694 01:19:58,000 --> 01:20:00,000 >> Mark Meadows reached out to 1695 01:20:00,000 --> 01:20:02,000 my deputy secretary of state, 1696 01:20:02,000 --> 01:20:05,000 and she called me, and I told her 1697 01:20:05,000 --> 01:20:07,000 I didn't think that was a good idea. 1698 01:20:07,000 --> 01:20:10,000 And we were kind of told that, 1699 01:20:10,000 --> 01:20:12,000 no, we definitely need to have this conversation. 1700 01:20:12,000 --> 01:20:17,000 (on recording): 1701 01:20:41,000 --> 01:20:44,000 >> It shows how frantic and desperate 1702 01:20:44,000 --> 01:20:48,000 President Trump had become by that phone call. 1703 01:20:48,000 --> 01:20:51,000 I think it shows how his demands 1704 01:20:51,000 --> 01:20:56,000 were fully removed from any kind of evidence. 1705 01:21:06,000 --> 01:21:09,000 >> I just listened to him talk. 1706 01:21:09,000 --> 01:21:11,000 I was making some notes. 1707 01:21:11,000 --> 01:21:12,000 "Okay, 5,000. 1708 01:21:12,000 --> 01:21:15,000 Okay, great," and I'll respond to that. 1709 01:21:15,000 --> 01:21:18,000 But when I got an opportunity to, 1710 01:21:18,000 --> 01:21:19,000 you know, speak, 1711 01:21:19,000 --> 01:21:21,000 then I, I just said, "Well, Mr. President, 1712 01:21:21,000 --> 01:21:24,000 the challenge that you have is your data is wrong." 1713 01:21:24,000 --> 01:21:29,000 (on recording): 1714 01:21:35,000 --> 01:21:38,000 My job was just to respond with the facts. 1715 01:21:38,000 --> 01:21:40,000 And if I had a different set of facts, 1716 01:21:40,000 --> 01:21:43,000 I would have responded with whatever they were. 1717 01:21:43,000 --> 01:21:46,000 We just... our job was to give him the true data, 1718 01:21:46,000 --> 01:21:51,000 which I did. 1719 01:22:04,000 --> 01:22:07,000 >> The former president was pushing 1720 01:22:07,000 --> 01:22:10,000 to see if he could somehow, you know... 1721 01:22:10,000 --> 01:22:13,000 it would move me somewhere, someplace. 1722 01:22:13,000 --> 01:22:16,000 Because I think that's been an effective strategy for him 1723 01:22:16,000 --> 01:22:19,000 over his business career and political career. 1724 01:22:19,000 --> 01:22:22,000 That people tended to buckle 1725 01:22:22,000 --> 01:22:25,000 instead of stand firm on their principles. 1726 01:22:25,000 --> 01:22:27,000 >> NARRATOR: In Georgia, 1727 01:22:27,000 --> 01:22:32,000 Trump had lost to Biden by 11,779 votes. 1728 01:22:49,000 --> 01:22:52,000 >> Trump didn't understand, 1729 01:22:52,000 --> 01:22:54,000 it just doesn't click... didn't click with him 1730 01:22:54,000 --> 01:22:59,000 that someone wouldn't just give in. 1731 01:22:59,000 --> 01:23:00,000 It just did not occur to him 1732 01:23:00,000 --> 01:23:03,000 that there was some higher level of loyalty 1733 01:23:03,000 --> 01:23:08,000 to the law and the Constitution. 1734 01:23:08,000 --> 01:23:09,000 >> I knew that we had followed the law, 1735 01:23:09,000 --> 01:23:11,000 we had followed the Constitution, 1736 01:23:11,000 --> 01:23:14,000 and I think sometimes momentsrp 1737 01:23:14,000 --> 01:23:16,000 and just take the shots. 1738 01:23:16,000 --> 01:23:19,000 You're doing your job, and that's all we did. 1739 01:23:19,000 --> 01:23:21,000 You know, we just followed the law 1740 01:23:21,000 --> 01:23:23,000 and we followed the Constitution, 1741 01:23:23,000 --> 01:23:26,000 and at the end of the day, President Trump came up short. 1742 01:23:26,000 --> 01:23:29,000 But I had to be faithful to the Constitution, 1743 01:23:29,000 --> 01:23:32,000 and that's what I swore an oath to do. 1744 01:23:32,000 --> 01:23:36,000 >> This call becomes critical, because it's recorded. 1745 01:23:36,000 --> 01:23:38,000 We get to hear in the president's own voice 1746 01:23:38,000 --> 01:23:40,000 how he's doing it, what he's doing, 1747 01:23:40,000 --> 01:23:43,000 how he's putting pressure on these people. 1748 01:23:43,000 --> 01:23:46,000 >> So look, all I want to do is this. 1749 01:23:46,000 --> 01:23:49,000 I just want to find, uh... 1750 01:23:49,000 --> 01:23:54,000 11,780 votes. 1751 01:23:55,000 --> 01:23:58,000 >> This is a scheme to overthrow an election. 1752 01:23:58,000 --> 01:24:01,000 He knew the number that he needed to hit 1753 01:24:01,000 --> 01:24:03,000 to change the outcome of the election. 1754 01:24:03,000 --> 01:24:05,000 >> NARRATOR: And Trump accused 1755 01:24:05,000 --> 01:24:07,000 Raffensperger himself of a crime-- 1756 01:24:07,000 --> 01:24:12,000 allowing election fraud. 1757 01:24:20,000 --> 01:24:22,000 >> The president of the United States 1758 01:24:22,000 --> 01:24:24,000 demanding that an election official 1759 01:24:24,000 --> 01:24:26,000 find thousands of votes, 1760 01:24:26,000 --> 01:24:28,000 and then strongly implying 1761 01:24:28,000 --> 01:24:29,000 that there would be criminal sanction 1762 01:24:29,000 --> 01:24:31,000 in the event that those votes were not found. 1763 01:24:31,000 --> 01:24:36,000 I mean, that is terrible evidence for the president. 1764 01:24:36,000 --> 01:24:39,000 >> What I knew is that we didn't have any votes to find. 1765 01:24:39,000 --> 01:24:42,000 We continued to look, we investigated-- 1766 01:24:42,000 --> 01:24:43,000 like I just shared the numbers with you-- 1767 01:24:43,000 --> 01:24:46,000 there were no votes to find. 1768 01:24:46,000 --> 01:24:47,000 >> That call is damning 1769 01:24:47,000 --> 01:24:49,000 and I think it's going to be damning 1770 01:24:49,000 --> 01:24:50,000 potentially in front of a jury, 1771 01:24:50,000 --> 01:24:53,000 because juries, when they can hear 1772 01:24:53,000 --> 01:24:55,000 a defendant's voice on tape, 1773 01:24:55,000 --> 01:24:56,000 when they can hear something 1774 01:24:56,000 --> 01:24:59,000 that is that real and that visceral, 1775 01:24:59,000 --> 01:25:04,000 it can be incredibly powerful testimony. 1776 01:25:10,000 --> 01:25:15,000 (call ends) 1777 01:25:15,000 --> 01:25:18,000 >> "The Defendant said that he needed to 'find' 1778 01:25:18,000 --> 01:25:21,000 11,780 votes." 1779 01:25:21,000 --> 01:25:24,000 >> It shows him demanding a remedy 1780 01:25:24,000 --> 01:25:26,000 that doesn't make any sense 1781 01:25:26,000 --> 01:25:28,000 in the context of anything lawful. 1782 01:25:28,000 --> 01:25:29,000 That's just asking, 1783 01:25:29,000 --> 01:25:30,000 "I want to win, 1784 01:25:30,000 --> 01:25:31,000 you've gotta do it." 1785 01:25:31,000 --> 01:25:32,000 I think it's going to be 1786 01:25:32,000 --> 01:25:34,000 a very powerful call 1787 01:25:34,000 --> 01:25:35,000 for that jury. 1788 01:25:35,000 --> 01:25:37,000 >> NARRATOR: For his part, Trump has defended 1789 01:25:37,000 --> 01:25:39,000 the phone call with Raffensperger-- 1790 01:25:39,000 --> 01:25:42,000 describing it as "perfect." 1791 01:25:42,000 --> 01:25:44,000 >> "A 'perfect' phone call 1792 01:25:44,000 --> 01:25:46,000 "to discuss a rigged and stolen election, 1793 01:25:46,000 --> 01:25:47,000 "and what to do about it, 1794 01:25:47,000 --> 01:25:50,000 "with many people, including lawyers d others, 1795 01:25:50,000 --> 01:25:55,000 knowingly on the line." 1796 01:25:57,000 --> 01:26:01,000 ♪ ♪ 1797 01:26:01,000 --> 01:26:03,000 >> After weeks of trying to overturn 1798 01:26:03,000 --> 01:26:04,000 the results of the election, 1799 01:26:04,000 --> 01:26:06,000 his legal team has come up with nothing. 1800 01:26:06,000 --> 01:26:08,000 >> NARRATOR: In the middle of December 2020... 1801 01:26:08,000 --> 01:26:11,000 >> In the courts, where evidence gets scrutinized, 1802 01:26:11,000 --> 01:26:14,000 authenticated, and tested, they're getting hammered. 1803 01:26:14,000 --> 01:26:16,000 >> NARRATOR: As the president was failing 1804 01:26:16,000 --> 01:26:17,000 in his attempts to reverse the election... 1805 01:26:17,000 --> 01:26:20,000 >> All but now ending the president's attempt 1806 01:26:20,000 --> 01:26:22,000 to reverse his election loss. 1807 01:26:22,000 --> 01:26:24,000 >> NARRATOR: A new pse began. 1808 01:26:24,000 --> 01:26:26,000 >> And it comes as the electoral college 1809 01:26:26,000 --> 01:26:29,000 is set to cast their votes for president tomorrow. 1810 01:26:29,000 --> 01:26:32,000 >> On December 14, 2020, 1811 01:26:32,000 --> 01:26:35,000 the presidential election was officially over. 1812 01:26:35,000 --> 01:26:38,000 The electoral college had cast its vote. 1813 01:26:38,000 --> 01:26:42,000 Joe Biden was the president- elect of the United States. 1814 01:26:42,000 --> 01:26:45,000 >> The president has reached the end of the road. 1815 01:26:45,000 --> 01:26:47,000 The electoral college certified the election. 1816 01:26:47,000 --> 01:26:51,000 His legal team and allies lost more than 50 challenges. 1817 01:26:51,000 --> 01:26:53,000 >> The cases run their course, 1818 01:26:53,000 --> 01:26:54,000 the electoral college meets, 1819 01:26:54,000 --> 01:26:56,000 people are saying no. 1820 01:26:56,000 --> 01:26:58,000 So he's running out of options, right? 1821 01:26:58,000 --> 01:27:01,000 The sequence is increasingly desperate. 1822 01:27:01,000 --> 01:27:04,000 >> On Friday, December 18, his team of outside advisors 1823 01:27:04,000 --> 01:27:07,000 paid him a surprise visit in the White Hou 1824 01:27:07,000 --> 01:27:11,000 that would quickly become the stuff of legend. 1825 01:27:11,000 --> 01:27:13,000 >> This meeting is one of the most extraordinary meetings 1826 01:27:13,000 --> 01:27:16,000 that ever happened in that building, 1827 01:27:16,000 --> 01:27:19,000 in more than 200 years of history. 1828 01:27:19,000 --> 01:27:21,000 Here you had a president of the United States 1829 01:27:21,000 --> 01:27:23,000 who had lost an election, in the Oval Office, 1830 01:27:23,000 --> 01:27:25,000 being advised by... 1831 01:27:25,000 --> 01:27:30,000 a swarm of colorful characters, to say the least. 1832 01:27:30,000 --> 01:27:31,000 >> NARRATOR: At the meeting: 1833 01:27:31,000 --> 01:27:34,000 former national security advisor Michael Flynn 1834 01:27:34,000 --> 01:27:37,000 and attorney Sidney Powell, 1835 01:27:37,000 --> 01:27:39,000 by then both known for 1836 01:27:39,000 --> 01:27:40,000 their embrace of conspiracy theories 1837 01:27:40,000 --> 01:27:44,000 about the election. 1838 01:27:44,000 --> 01:27:46,000 >> You had people in there 1839 01:27:46,000 --> 01:27:49,000 counseling Donald Trump that he should 1840 01:27:49,000 --> 01:27:51,000 explicitly order martial law, 1841 01:27:51,000 --> 01:27:56,000 that he should create a special czar. 1842 01:27:56,000 --> 01:27:59,000 The person they had in mind for this was Sidney Powell, 1843 01:27:59,000 --> 01:28:02,000 that she should become the special elections czar 1844 01:28:02,000 --> 01:28:04,000 and be empowered 1845 01:28:04,000 --> 01:28:07,000 to use the machinery of government itself 1846 01:28:07,000 --> 01:28:10,000 to overturn the election. 1847 01:28:10,000 --> 01:28:12,000 >> NARRATOR: As word of the meeting spread, 1848 01:28:12,000 --> 01:28:16,000 senior White House lawyers rushed to the oval office, 1849 01:28:16,000 --> 01:28:21,000 including White House counsel Pat Cipollone. 1850 01:28:35,000 --> 01:28:37,000 >> President Trump's close advisors, 1851 01:28:37,000 --> 01:28:40,000 White House Counsel Pat Cipollone, 1852 01:28:40,000 --> 01:28:43,000 Eric Herschmann, advisor to the president, 1853 01:28:43,000 --> 01:28:45,000 and others who were in that room 1854 01:28:45,000 --> 01:28:46,000 who were saying to this group, 1855 01:28:46,000 --> 01:28:49,000 "What evidence do you even have 1856 01:28:49,000 --> 01:28:50,000 that there was fraud in the election?" 1857 01:28:50,000 --> 01:28:53,000 >> NARRATOR: The White House lawyers were insistent 1858 01:28:53,000 --> 01:28:55,000 that the psident shouldn't declare martial law 1859 01:28:55,000 --> 01:28:57,000 to overturn the election 1860 01:28:57,000 --> 01:29:00,000 or empower Sidney Powell. 1861 01:29:00,000 --> 01:29:02,000 >> At times there were pple shouting at each other, 1862 01:29:02,000 --> 01:29:07,000 hurling insults at each other. 1863 01:29:24,000 --> 01:29:29,000 (chuckles) 1864 01:29:39,000 --> 01:29:41,000 >> The president is taking all of this in, 1865 01:29:41,000 --> 01:29:43,000 mostly a passive observer in this meeting, 1866 01:29:43,000 --> 01:29:45,000 but he is watching this play out. 1867 01:29:45,000 --> 01:29:48,000 His close advisors telling his lawyers, 1868 01:29:48,000 --> 01:29:51,000 "You have no evidence that there was fraud in the election. 1869 01:29:51,000 --> 01:29:53,000 "And you've lost every case. 1870 01:29:53,000 --> 01:29:54,000 Every case you brought in to court, you've lost." 1871 01:29:54,000 --> 01:29:57,000 And Sidney Powell says, "The judges were corrupt. 1872 01:29:57,000 --> 01:29:59,000 That's why we lost." 1873 01:29:59,000 --> 01:30:01,000 And Eric Herschmann, supporter, 1874 01:30:01,000 --> 01:30:03,000 close advisor to the president, says, 1875 01:30:03,000 --> 01:30:04,000 "What are you talking about? 1876 01:30:04,000 --> 01:30:06,000 "Every case? 1877 01:30:06,000 --> 01:30:08,000 "The judges? We appointed many of those judges. 1878 01:30:08,000 --> 01:30:10,000 "You're saying they're all corrupt? 1879 01:30:10,000 --> 01:30:11,000 Like you people have nothing, you're crazy." 1880 01:30:11,000 --> 01:30:13,000 >> I think that it got to the point 1881 01:30:13,000 --> 01:30:14,000 where the screaming was 1882 01:30:14,000 --> 01:30:18,000 completely, completely out there. 1883 01:30:18,000 --> 01:30:19,000 I mean, you get people walk in, 1884 01:30:19,000 --> 01:30:20,000 it was late at night, 1885 01:30:20,000 --> 01:30:22,000 it'd been a long day, and... 1886 01:30:22,000 --> 01:30:24,000 what they were proposing, 1887 01:30:24,000 --> 01:30:26,000 I thought was nuts. 1888 01:30:26,000 --> 01:30:28,000 Flynn screamed at me that I was a quitter and everything, 1889 01:30:28,000 --> 01:30:29,000 kept on standing up and turning around 1890 01:30:29,000 --> 01:30:30,000 and screaming at me. 1891 01:30:30,000 --> 01:30:33,000 And at a certain point, I had it with him. 1892 01:30:33,000 --> 01:30:36,000 So I yelled back. 1893 01:30:36,000 --> 01:30:39,000 "Better sit your effing ass back down." 1894 01:30:39,000 --> 01:30:44,000 >> I'm gonna categorically describe it as... 1895 01:30:44,000 --> 01:30:47,000 "you guys are not tough enough." 1896 01:30:47,000 --> 01:30:49,000 Or maybe I put it another way, 1897 01:30:49,000 --> 01:30:50,000 "You're a bunch of pussies." 1898 01:30:50,000 --> 01:30:53,000 Excuse the expression. 1899 01:30:53,000 --> 01:30:55,000 >> At the end of it, Trump sees that 1900 01:30:55,000 --> 01:30:56,000 there is so much opposition, 1901 01:30:56,000 --> 01:30:59,000 including from his White House counsel. 1902 01:30:59,000 --> 01:31:03,000 He understands that people would very likely resign, 1903 01:31:03,000 --> 01:31:06,000 And so, it seems that he reluctantlyoncludes 1904 01:31:06,000 --> 01:31:10,000 that he's not going to declare martial law. 1905 01:31:10,000 --> 01:31:13,000 NARRATOR: Instead, late that night, 1906 01:31:13,000 --> 01:31:15,000 after the meeting had broken up, 1907 01:31:15,000 --> 01:31:19,000 the president turned to Twitter. 1908 01:31:19,000 --> 01:31:22,000 >> "Statistically impossible to have lost the 2020 election. 1909 01:31:22,000 --> 01:31:25,000 "Big protest in D.C. on January 6th. 1910 01:31:25,000 --> 01:31:29,000 Be there, will be wild!" (Twitter chime) 1911 01:31:29,000 --> 01:31:31,000 >> Dissatisfied with his options, 1912 01:31:31,000 --> 01:31:35,000 Donald Trump decided to call for a large and wild crowd 1913 01:31:35,000 --> 01:31:37,000 on Wednesday, January 6, 1914 01:31:37,000 --> 01:31:40,000 the day when Congress would meet 1915 01:31:40,000 --> 01:31:44,000 to certify the electoral votes. 1916 01:31:44,000 --> 01:31:47,000 >> While he doesn't actually go ahead with martial law, 1917 01:31:47,000 --> 01:31:51,000 he is embracing a path that is, in fact, radical anyway. 1918 01:31:51,000 --> 01:31:53,000 He's not using the United States miliry, 1919 01:31:53,000 --> 01:31:56,000 but he's summoning his own army of supporters to Washington, 1920 01:31:56,000 --> 01:31:58,000 some of whom are known to be extremists, 1921 01:31:58,000 --> 01:32:00,000 and in some cases violent, 1922 01:32:00,000 --> 01:32:03,000 to help him stay in office, 1923 01:32:03,000 --> 01:32:05,000 over the will of the voters. 1924 01:32:05,000 --> 01:32:08,000 >> It's Saturday, December 19. 1925 01:32:08,000 --> 01:32:11,000 And one of the most historic events 1926 01:32:11,000 --> 01:32:15,000 in American history has just taken place. 1927 01:32:15,000 --> 01:32:16,000 President Trump, 1928 01:32:16,000 --> 01:32:17,000 in the early morning hours today, 1929 01:32:17,000 --> 01:32:20,000 tweeted that he wants the American people 1930 01:32:20,000 --> 01:32:25,000 to march on Washington D.C. on January 6. 1931 01:32:26,000 --> 01:32:29,000 >> This wildly inflammatory tweet 1932 01:32:29,000 --> 01:32:32,000 was a bullhorn that immediately went out to 1933 01:32:32,000 --> 01:32:36,000 some of the more violent, organized Trump supporters-- 1934 01:32:36,000 --> 01:32:38,000 The Oath Keepers. 1935 01:32:38,000 --> 01:32:40,000 >> "He called us all to the Capitol 1936 01:32:40,000 --> 01:32:42,000 "and wants us to make it wild. 1937 01:32:42,000 --> 01:32:44,000 "Gentlemen, we are heading to D.C. 1938 01:32:44,000 --> 01:32:46,000 Pack your (bleep)." 1939 01:32:46,000 --> 01:32:48,000 >> The Proud Boys... 1940 01:32:48,000 --> 01:32:50,000 >> "It's all or nothing, patriots. 1941 01:32:50,000 --> 01:32:53,000 Boldness and bravery is necessary." 1942 01:32:53,000 --> 01:32:57,000 >> They heard it as a message from their leader, 1943 01:32:57,000 --> 01:33:00,000 "Come to Washington." 1944 01:33:00,000 --> 01:33:03,000 >> The "Will be wild!" tweet 1945 01:33:03,000 --> 01:33:06,000 was the call in a call and response. 1946 01:33:06,000 --> 01:33:08,000 They mobilized to come to Washington. 1947 01:33:08,000 --> 01:33:09,000 These individuals came to Washington 1948 01:33:09,000 --> 01:33:11,000 because Donald Trump told them to be there. 1949 01:33:11,000 --> 01:33:14,000 Because Donald Trump told them the election was rigged. 1950 01:33:14,000 --> 01:33:16,000 Because Donald Trump told them 1951 01:33:16,000 --> 01:33:19,000 that someone was trying to take their votes away from them, 1952 01:33:19,000 --> 01:33:20,000 and silence their voices. 1953 01:33:20,000 --> 01:33:21,000 They believed it. 1954 01:33:21,000 --> 01:33:24,000 >> This could be Trump's last stand. 1955 01:33:24,000 --> 01:33:27,000 And it's a time when he has specifically called on 1956 01:33:27,000 --> 01:33:29,000 his supporters to arrive in D.C. 1957 01:33:29,000 --> 01:33:31,000 >> The time for games is over. 1958 01:33:31,000 --> 01:33:33,000 The time for action is now. 1959 01:33:33,000 --> 01:33:36,000 Where were you when history called? 1960 01:33:36,000 --> 01:33:38,000 Where were you when you and your children's destiny 1961 01:33:38,000 --> 01:33:43,000 and future was on the line? 1962 01:33:43,000 --> 01:33:46,000 >> NARRATOR: For prosecutors, that tweet, 1963 01:33:46,000 --> 01:33:48,000 the call to march on Washington, 1964 01:33:48,000 --> 01:33:53,000 represents a crucial step in Trump's criminal conspiracy. 1965 01:33:53,000 --> 01:33:56,000 >> Jack Smith's theory is that that was part of the attempt 1966 01:33:56,000 --> 01:34:00,000 to obstruct the proceedings on January 6. 1967 01:34:00,000 --> 01:34:03,000 That Trump wanted a large, 1968 01:34:03,000 --> 01:34:06,000 at least boisterous, if not violent, 1969 01:34:06,000 --> 01:34:10,000 crowd there to interfere with the proceedings, 1970 01:34:10,000 --> 01:34:12,000 maybe stop them, 1971 01:34:12,000 --> 01:34:14,000 put pressure on the people there. 1972 01:34:14,000 --> 01:34:17,000 And that was one component of his obstruction. 1973 01:34:17,000 --> 01:34:20,000 >> "After cultivating widespread anger and resentment for weeks 1974 01:34:20,000 --> 01:34:23,000 "with his knowingly false claims of election fraud, 1975 01:34:23,000 --> 01:34:25,000 "the Defendant urged his supporters 1976 01:34:25,000 --> 01:34:27,000 "to travel to Washington 1977 01:34:27,000 --> 01:34:31,000 on the day of the certification proceeding." 1978 01:34:31,000 --> 01:34:33,000 >> The special counsel is sort of situating it as this hinge, 1979 01:34:33,000 --> 01:34:37,000 where things sort of really start to go wrong. 1980 01:34:37,000 --> 01:34:41,000 That shows that this was part of a plan. 1981 01:34:41,000 --> 01:34:44,000 And if they can convince the jury of th, 1982 01:34:44,000 --> 01:34:47,000 that's a huge portion of the ball game. 1983 01:34:47,000 --> 01:34:49,000 >> NARRATOR: In their filings, 1984 01:34:49,000 --> 01:34:50,000 Trump's attorneys have argued 1985 01:34:50,000 --> 01:34:52,000 that his statements were protected 1986 01:34:52,000 --> 01:34:53,000 by the First Amendment. 1987 01:34:53,000 --> 01:34:56,000 >> "The indictment therefore attempts to criminalize 1988 01:34:56,000 --> 01:34:59,000 "core political speech and political advocacy, 1989 01:34:59,000 --> 01:35:01,000 "which is categorically impermissible 1990 01:35:01,000 --> 01:35:03,000 under the First Amendment." 1991 01:35:03,000 --> 01:35:05,000 >> There should be room 1992 01:35:05,000 --> 01:35:07,000 under the First Amendment and otherwise 1993 01:35:07,000 --> 01:35:08,000 for the president to say an awful lot 1994 01:35:08,000 --> 01:35:11,000 without having to tag him with a criminal offense. 1995 01:35:11,000 --> 01:35:14,000 And that's why there's a First Amendment. 1996 01:35:14,000 --> 01:35:18,000 You're given a big amount of latude 1997 01:35:18,000 --> 01:35:22,000 to say a lot of wild and crazy, even stupid, things, 1998 01:35:22,000 --> 01:35:25,000 without having to worry about somebody afterwards 1999 01:35:25,000 --> 01:35:28,000 deciding that you should be sent to jail for it. 2000 01:35:28,000 --> 01:35:30,000 >> While prosecuting the president 2001 01:35:30,000 --> 01:35:34,000 in an electoral context is new, 2002 01:35:34,000 --> 01:35:36,000 prosecuting people for electoral fraud 2003 01:35:36,000 --> 01:35:39,000 is not new at all. 2004 01:35:39,000 --> 01:35:42,000 There are burdens of proof, there are legal tests, 2005 01:35:42,000 --> 01:35:43,000 there are jury instructions, 2006 01:35:43,000 --> 01:35:45,000 and if you can meet those elements, 2007 01:35:45,000 --> 01:35:46,000 then you're outside of 2008 01:35:46,000 --> 01:35:48,000 the protection of the First Amendment. 2009 01:35:48,000 --> 01:35:53,000 This is not a novel legal theory here. 2010 01:36:00,000 --> 01:36:02,000 (siren wailing) 2011 01:36:02,000 --> 01:36:05,000 >> NARRATOR: As January 6 approached, 2012 01:36:05,000 --> 01:36:08,000 Trump refocused his efforts closer to home 2013 01:36:08,000 --> 01:36:11,000 at his own Department of Justice. 2014 01:36:11,000 --> 01:36:12,000 >> Today, we'll tell the story 2015 01:36:12,000 --> 01:36:14,000 of how the pressure campaign 2016 01:36:14,000 --> 01:36:17,000 also targeted the federal agency, 2017 01:36:17,000 --> 01:36:20,000 charged with enforcement of our laws, 2018 01:36:20,000 --> 01:36:23,000 the Department of Justice. 2019 01:36:23,000 --> 01:36:26,000 >> Trump tried to weaponize the Department of Justice 2020 01:36:26,000 --> 01:36:29,000 against our own democracy. 2021 01:36:29,000 --> 01:36:31,000 Bill Barr is the first one to stand up and say, 2022 01:36:31,000 --> 01:36:32,000 "No, I'm not going to do that." 2023 01:36:32,000 --> 01:36:34,000 He steps aside, he resigns. 2024 01:36:34,000 --> 01:36:37,000 And he's replaced by Jeff Rosen and Richard Donoghue 2025 01:36:37,000 --> 01:36:39,000 as a sort of tag team here. 2026 01:36:39,000 --> 01:36:41,000 (keyboard keys clacking) 2027 01:36:41,000 --> 01:36:43,000 >> NARRATOR: Rosen was a Republican political appointee 2028 01:36:43,000 --> 01:36:46,000 who had served throughout Trump's administration.) 2029 01:36:46,000 --> 01:36:49,000 Donoghue, also a Republican, 2030 01:36:49,000 --> 01:36:52,000 had spent much of his career as a government lawyer-- 2031 01:36:52,000 --> 01:36:55,000 in the Army and at the Department of Justice. 2032 01:36:55,000 --> 01:36:57,000 >> These are folks who were 2033 01:36:57,000 --> 01:36:58,000 appointed by Donald Trump. 2034 01:36:58,000 --> 01:37:03,000 They are aligned with him politically. 2035 01:37:03,000 --> 01:37:05,000 >> Pretty much every day after Barr left, 2036 01:37:05,000 --> 01:37:08,000 Trump would call Jeffrey Rosen at the Justice Department 2037 01:37:08,000 --> 01:37:10,000 or his deputy, Richard Donoghue, 2038 01:37:10,000 --> 01:37:12,000 and try to put pressure on them 2039 01:37:12,000 --> 01:37:15,000 to get the department to go along with this narrative 2040 01:37:15,000 --> 01:37:16,000 that there were serious questions 2041 01:37:16,000 --> 01:37:20,000 about the integrity of the election. 2042 01:37:20,000 --> 01:37:21,000 >> Mr. Donoghue, 2043 01:37:21,000 --> 01:37:23,000 you had a conversation with the president 2044 01:37:23,000 --> 01:37:26,000 where he raised false claim after false claim 2045 01:37:26,000 --> 01:37:27,000 with you and Mr. Rosen. 2046 01:37:27,000 --> 01:37:30,000 How did you respond to 2047 01:37:30,000 --> 01:37:33,000 what you called a "stream of allegations"? 2048 01:37:33,000 --> 01:37:35,000 >> I wanted to try to cut through the noise, 2049 01:37:35,000 --> 01:37:37,000 because it was clear to us 2050 01:37:37,000 --> 01:37:39,000 that there were a lot of people whispering in his ear, 2051 01:37:39,000 --> 01:37:41,000 feeding him these conspiracy theories and allegations, 2052 01:37:41,000 --> 01:37:43,000 As the president went through them, 2053 01:37:43,000 --> 01:37:45,000 I went piece by piece 2054 01:37:45,000 --> 01:37:48,000 to say, "No, that's false, that is not true." 2055 01:37:48,000 --> 01:37:51,000 And to correct him, really, in a serial fashion 2056 01:37:51,000 --> 01:37:53,000 as he moved from one theory to another. 2057 01:37:53,000 --> 01:37:58,000 >> How did the president respond to that, sir? 2058 01:37:58,000 --> 01:38:01,000 >> He responded very quickly and said, essentially, 2059 01:38:01,000 --> 01:38:02,000 "That's not what I'm asking you to do. 2060 01:38:02,000 --> 01:38:05,000 "What I'm just asking you to do is just say it was corrupt 2061 01:38:05,000 --> 01:38:10,000 and leave the rest to me and the Republican congressmen." 2062 01:38:10,000 --> 01:38:12,000 ♪ ♪ 2063 01:38:12,000 --> 01:38:14,000 >> He's saying, "Don't care about evidence, 2064 01:38:14,000 --> 01:38:17,000 "don't care about facts, just say this. 2065 01:38:17,000 --> 01:38:20,000 "And then I'm going to be able to use that 2066 01:38:20,000 --> 01:38:22,000 "to give people political cover 2067 01:38:22,000 --> 01:38:24,000 "to do what I want them to do, 2068 01:38:24,000 --> 01:38:26,000 which is to overturn the vote." 2069 01:38:26,000 --> 01:38:29,000 >> I-- look, I think that's a very 2070 01:38:29,000 --> 01:38:33,000 unfortunate statement on the, on the president's part, 2071 01:38:33,000 --> 01:38:35,000 but it wouldn't be the first time 2072 01:38:35,000 --> 01:38:37,000 that a president made a, a conscious decision 2073 01:38:37,000 --> 01:38:40,000 to reject advice from his legal advisers, 2074 01:38:40,000 --> 01:38:42,000 including the Department of Justice. 2075 01:38:42,000 --> 01:38:45,000 Is that evidence of criminal misconduct? 2076 01:38:45,000 --> 01:38:48,000 Could be. Could be. 2077 01:38:48,000 --> 01:38:52,000 But sorting that out before a fair-minded jury, 2078 01:38:52,000 --> 01:38:54,000 assuming that there's a fair-minded jury, 2079 01:38:54,000 --> 01:38:56,000 is, I think, another question. 2080 01:38:56,000 --> 01:38:58,000 >> NARRATOR: As it became clear 2081 01:38:58,000 --> 01:39:00,000 Rosen and Donoghue wouldn't go along, 2082 01:39:00,000 --> 01:39:04,000 Trump looked for someone who would. 2083 01:39:04,000 --> 01:39:06,000 >> Trump turns to this 2084 01:39:06,000 --> 01:39:09,000 mid-level Department of Justice employee, Jeff Clark, 2085 01:39:09,000 --> 01:39:11,000 and he says, "Let's put him in 2086 01:39:11,000 --> 01:39:16,000 as the acting attorney general." 2087 01:39:16,000 --> 01:39:20,000 >> He had been an environmental prosecutor. 2088 01:39:20,000 --> 01:39:23,000 Clark's official role has nothing to do 2089 01:39:23,000 --> 01:39:25,000 with anything involving election fraud. 2090 01:39:25,000 --> 01:39:29,000 He had no business at all being involved in this. 2091 01:39:29,000 --> 01:39:30,000 >> NARRATOR: Clark drafted a letter 2092 01:39:30,000 --> 01:39:33,000 that would claim publicly that the department was concerned 2093 01:39:33,000 --> 01:39:36,000 about serious allegations of election fraud, 2094 01:39:36,000 --> 01:39:41,000 even though his superiors had said there was no such evidence. 2095 01:39:42,000 --> 01:39:45,000 >> That letter of course was never sent. 2096 01:39:45,000 --> 01:39:47,000 Clark tried to push for it to be sent, 2097 01:39:47,000 --> 01:39:49,000 by sort of attempting to dethrone 2098 01:39:49,000 --> 01:39:52,000 acting attorney general Jeffery Rosen. 2099 01:39:52,000 --> 01:39:53,000 >> NARRATOR: According to testimony 2100 01:39:53,000 --> 01:39:55,000 and evidence before the committee, 2101 01:39:55,000 --> 01:39:58,000 Trump told Clark that he was going fire Rosen 2102 01:39:58,000 --> 01:40:01,000 and make him the new attorney general. 2103 01:40:01,000 --> 01:40:04,000 >> Well, Clark makes an incredibly stupid mistake, 2104 01:40:04,000 --> 01:40:08,000 which is that he tells Jeffrey Rosen, 2105 01:40:08,000 --> 01:40:10,000 the acting attorney general, 2106 01:40:10,000 --> 01:40:13,000 that he is going to be replaced. 2107 01:40:13,000 --> 01:40:16,000 >> On the-- on Sunday, the third, 2108 01:40:16,000 --> 01:40:18,000 he told me that the president had offered him the job 2109 01:40:18,000 --> 01:40:20,000 and that he was accepting it. 2110 01:40:20,000 --> 01:40:21,000 >> Clark tells him, 2111 01:40:21,000 --> 01:40:23,000 "Oh yeah, Trump is going to put me in." 2112 01:40:23,000 --> 01:40:28,000 And he gives notice to his opponents. 2113 01:40:28,000 --> 01:40:30,000 That's always a huge mistake, 2114 01:40:30,000 --> 01:40:33,000 in Washington or anywhere else. 2115 01:40:33,000 --> 01:40:35,000 >> Well... 2116 01:40:35,000 --> 01:40:37,000 you know, on the one hand, I wasn't going to accept 2117 01:40:37,000 --> 01:40:39,000 being fired by my subordinate. 2118 01:40:39,000 --> 01:40:41,000 (chuckling): So, I wanted to talk to the, 2119 01:40:41,000 --> 01:40:43,000 thpresident directly. 2120 01:40:43,000 --> 01:40:45,000 >> And there was another crazy White House meeting 2121 01:40:45,000 --> 01:40:49,000 where Rosen, Donoghue, 2122 01:40:49,000 --> 01:40:51,000 meet with Clark, 2123 01:40:51,000 --> 01:40:54,000 the president, and other presidential advisors, 2124 01:40:54,000 --> 01:40:56,000 in the Oval Office, for hours, 2125 01:40:56,000 --> 01:40:59,000 fighting over whether Clark should be the attorney general. 2126 01:40:59,000 --> 01:41:00,000 >> Jeff Clark was proposing 2127 01:41:00,000 --> 01:41:03,000 that... 2128 01:41:03,000 --> 01:41:08,000 Jeff Rosen being replaced by Jeff Clark. 2129 01:41:08,000 --> 01:41:12,000 And I thought the proposal was... 2130 01:41:12,000 --> 01:41:17,000 asinine. 2131 01:41:24,000 --> 01:41:26,000 >> And when he finished 2132 01:41:26,000 --> 01:41:28,000 discussing what he planned on doing, 2133 01:41:28,000 --> 01:41:30,000 I said "Good... 2134 01:41:30,000 --> 01:41:32,000 "(bleep)"-- excuse me, sorry-- 2135 01:41:32,000 --> 01:41:33,000 "effing a-hole. 2136 01:41:33,000 --> 01:41:35,000 "Congratulations, you just admitted your first step 2137 01:41:35,000 --> 01:41:37,000 "or act you take as attorney general 2138 01:41:37,000 --> 01:41:40,000 "would be committing a felony and violating Rule 6(e). 2139 01:41:40,000 --> 01:41:45,000 You're clearly the right candidate for this job." 2140 01:41:51,000 --> 01:41:52,000 >> Mr. Donoghue, 2141 01:41:52,000 --> 01:41:55,000 did-- did you eventually tell the president 2142 01:41:55,000 --> 01:41:58,000 that mass resignations would occur 2143 01:41:58,000 --> 01:42:01,000 if he installed Mr. Clark and what the consequences would be? 2144 01:42:01,000 --> 01:42:05,000 >> I said, "Mr. President, within 24, 48, 72 hours, 2145 01:42:05,000 --> 01:42:07,000 "you could have hundreds and hundreds of resignations 2146 01:42:07,000 --> 01:42:09,000 "of the leadership of your entire Justice Department 2147 01:42:09,000 --> 01:42:11,000 "because of your actions. 2148 01:42:11,000 --> 01:42:14,000 What's that going to say about you?" 2149 01:42:14,000 --> 01:42:15,000 >> In the end, 2150 01:42:15,000 --> 01:42:18,000 that proves to be enough to stop Trump-- 2151 01:42:18,000 --> 01:42:20,000 very reluctantly, very reluctantly-- 2152 01:42:20,000 --> 01:42:24,000 from putting Clark in as his acting attorney general. 2153 01:42:24,000 --> 01:42:28,000 Talk about a close call. 2154 01:42:28,000 --> 01:42:30,000 >> NARRATOR: But for the January 6th committee 2155 01:42:30,000 --> 01:42:31,000 and federal prosecutors, 2156 01:42:31,000 --> 01:42:34,000 the pressure on the Justice Department 2157 01:42:34,000 --> 01:42:37,000 was another part of the conspiracy. 2158 01:42:37,000 --> 01:42:39,000 >> He's trying to enlist as part of a scheme 2159 01:42:39,000 --> 01:42:42,000 these officials of the Justice Department. 2160 01:42:42,000 --> 01:42:44,000 Lawyers, officers of the court, 2161 01:42:44,000 --> 01:42:46,000 people who have taken an oath 2162 01:42:46,000 --> 01:42:48,000 to uphold the rule of law, 2163 01:42:48,000 --> 01:42:50,000 and they won't go along with it. 2164 01:42:50,000 --> 01:42:53,000 >> "The Defendant and co-conspirators 2165 01:42:53,000 --> 01:42:55,000 "attempted to use the power and authority 2166 01:42:55,000 --> 01:42:57,000 "of the Justice Department 2167 01:42:57,000 --> 01:43:00,000 to conduct sham election crime investigations." 2168 01:43:00,000 --> 01:43:02,000 >> NARRATOR: As with the pressure 2169 01:43:02,000 --> 01:43:04,000 on state election officials, 2170 01:43:04,000 --> 01:43:07,000 Trump's attorneys have argued that he was just doing his job. 2171 01:43:07,000 --> 01:43:09,000 >> "Urging his own Department of Justice 2172 01:43:09,000 --> 01:43:11,000 "to do more to enforce the laws 2173 01:43:11,000 --> 01:43:13,000 "that it is charged with enforcing 2174 01:43:13,000 --> 01:43:16,000 is unquestionably an official act of the president." 2175 01:43:16,000 --> 01:43:18,000 >> NARRATOR: And the president is entitled 2176 01:43:18,000 --> 01:43:21,000 to name anyone he wants as the attorney general. 2177 01:43:21,000 --> 01:43:22,000 >> "Deliberating about whether to replace 2178 01:43:22,000 --> 01:43:24,000 "the acting attorney general of the United States 2179 01:43:24,000 --> 01:43:29,000 is also a core presidential function." 2180 01:43:29,000 --> 01:43:31,000 >> Jack Smith has made that judgment 2181 01:43:31,000 --> 01:43:32,000 that that has crossed over the line 2182 01:43:32,000 --> 01:43:34,000 into criminal conduct. 2183 01:43:34,000 --> 01:43:36,000 But he is now going to have to prove 2184 01:43:36,000 --> 01:43:37,000 that the president went over that line, 2185 01:43:37,000 --> 01:43:42,000 whatever that line is. 2186 01:43:45,000 --> 01:43:49,000 ♪ ♪ 2187 01:43:49,000 --> 01:43:50,000 >> NARRATOR: Having called his supporters 2188 01:43:50,000 --> 01:43:53,000 to come to Washington on January 6, 2189 01:43:53,000 --> 01:43:54,000 Trump turned his attention 2190 01:43:54,000 --> 01:43:58,000 to a key player in his effort to stay in power: 2191 01:43:58,000 --> 01:44:01,000 Vice President Mike Pence. 2192 01:44:01,000 --> 01:44:03,000 >> Today, we're focusing on 2193 01:44:03,000 --> 01:44:05,000 President Trump's relentless effort 2194 01:44:05,000 --> 01:44:07,000 to pressure Mike Pence to refuse 2195 01:44:07,000 --> 01:44:10,000 to count electoral votes on January 6. 2196 01:44:10,000 --> 01:44:12,000 >> The pressure campaign on Vice President Pence 2197 01:44:12,000 --> 01:44:15,000 is the last gambit to keep Trump in power. 2198 01:44:15,000 --> 01:44:18,000 I mean, basically, it's the last lever 2199 01:44:18,000 --> 01:44:20,000 that they can pull to try and steal the election. 2200 01:44:20,000 --> 01:44:23,000 >> NARRATOR: It was based on an obscure legal theory: 2201 01:44:23,000 --> 01:44:25,000 that the vice president had the power 2202 01:44:25,000 --> 01:44:29,000 to overturn the election results. 2203 01:44:29,000 --> 01:44:31,000 >> Greg Jacob was counsel 2204 01:44:31,000 --> 01:44:34,000 to Vice President Pence. 2205 01:44:34,000 --> 01:44:35,000 He conducted a thorough analysis 2206 01:44:35,000 --> 01:44:37,000 of the role of the vice president 2207 01:44:37,000 --> 01:44:38,000 in a joint session 2208 01:44:38,000 --> 01:44:41,000 of Congress under the Constitution. 2209 01:44:41,000 --> 01:44:44,000 I now recognize the gentleman from California, 2210 01:44:44,000 --> 01:44:46,000 Mr. Aguilar. 2211 01:44:46,000 --> 01:44:49,000 >> Mr. Jacob, did you go to the vice president's residences 2212 01:44:49,000 --> 01:44:51,000 on the morning of January 6? 2213 01:44:51,000 --> 01:44:52,000 >> Yes. 2214 01:44:52,000 --> 01:44:55,000 >> And did theice president have a call with the president 2215 01:44:55,000 --> 01:44:56,000 that morning? >> He did. 2216 01:44:56,000 --> 01:45:00,000 We were told that a call had come in from the president. 2217 01:45:00,000 --> 01:45:04,000 The vice president stepped out of the room 2218 01:45:04,000 --> 01:45:07,000 to take that call, and no staff went with him. 2219 01:45:07,000 --> 01:45:09,000 >> The president had several family members 2220 01:45:09,000 --> 01:45:12,000 with him for that call. 2221 01:45:12,000 --> 01:45:14,000 I'd like to show you what they and others 2222 01:45:14,000 --> 01:45:16,000 told the select committee about that call, 2223 01:45:16,000 --> 01:45:19,000 along with never-before-seen photographs 2224 01:45:19,000 --> 01:45:24,000 of the president on that call from the National Archives. 2225 01:45:25,000 --> 01:45:29,000 >> When I entered the office the second time, 2226 01:45:29,000 --> 01:45:31,000 he was on the telephone 2227 01:45:31,000 --> 01:45:33,000 with who I later found out to be was the, 2228 01:45:33,000 --> 01:45:34,000 the vice president. 2229 01:45:34,000 --> 01:45:35,000 >> Could you hear the vice president 2230 01:45:35,000 --> 01:45:37,000 or only hear the president's end? 2231 01:45:37,000 --> 01:45:39,000 >> Only hear the president's end. 2232 01:45:39,000 --> 01:45:41,000 And at some point, it started off 2233 01:45:41,000 --> 01:45:42,000 as a calmer tone, 2234 01:45:42,000 --> 01:45:44,000 and then it became heated. 2235 01:45:44,000 --> 01:45:47,000 >> Donald Trump is focused on this idea 2236 01:45:47,000 --> 01:45:50,000 that Pence wielding the gavel on January 6 2237 01:45:50,000 --> 01:45:53,000 can single-handedly overturn the election, 2238 01:45:53,000 --> 01:45:56,000 because he was presiding over this final certification 2239 01:45:56,000 --> 01:45:57,000 of the electoral votes. 2240 01:45:57,000 --> 01:46:00,000 >> The conversation was, was... 2241 01:46:00,000 --> 01:46:03,000 pretty heated. 2242 01:46:03,000 --> 01:46:05,000 >> It's an extraordinary thing, 2243 01:46:05,000 --> 01:46:07,000 a president pressuring a vice president this way, 2244 01:46:07,000 --> 01:46:09,000 insulting him that way, 2245 01:46:09,000 --> 01:46:11,000 a person who had been nothing but loyal to him 2246 01:46:11,000 --> 01:46:14,000 through all those, all those months and years. 2247 01:46:14,000 --> 01:46:16,000 >> Did Ms. Trump share with you 2248 01:46:16,000 --> 01:46:18,000 any more details about what happened? 2249 01:46:18,000 --> 01:46:22,000 >> Her dad had just had an upsetting conversation 2250 01:46:22,000 --> 01:46:24,000 with the vice president. 2251 01:46:24,000 --> 01:46:26,000 >> It was a different tone than I'd heard him take 2252 01:46:26,000 --> 01:46:29,000 with the vice president before. 2253 01:46:29,000 --> 01:46:31,000 >> Iean, I think she was... 2254 01:46:31,000 --> 01:46:33,000 uncomfortable over the fact that there was obviously 2255 01:46:33,000 --> 01:46:36,000 that type of interaction between the two of them. 2256 01:46:36,000 --> 01:46:38,000 >> The word at she relayed to you 2257 01:46:38,000 --> 01:46:40,000 that the president called the vice president, 2258 01:46:40,000 --> 01:46:42,000 I apologize for being impolite, 2259 01:46:42,000 --> 01:46:46,000 but do you rememr what she said her father called him? 2260 01:46:46,000 --> 01:46:51,000 >> The P word. 2261 01:46:51,000 --> 01:46:54,000 >> Trump told Pence, "You have a choice. 2262 01:46:54,000 --> 01:46:59,000 "You can either be a patriot or you can be a pussy. 2263 01:46:59,000 --> 01:47:04,000 "Patriot means turn the election over to me. 2264 01:47:05,000 --> 01:47:10,000 Being a pussy means being afraid to use your power." 2265 01:47:11,000 --> 01:47:12,000 >> Mr. Jacob, how would you describe 2266 01:47:12,000 --> 01:47:15,000 the demeanor of the vice president 2267 01:47:15,000 --> 01:47:18,000 following the call with the president? 2268 01:47:18,000 --> 01:47:20,000 >> When he came back into the room, 2269 01:47:20,000 --> 01:47:24,000 I'd say that he was steely, 2270 01:47:24,000 --> 01:47:29,000 determined, grim. 2271 01:47:30,000 --> 01:47:32,000 >> NARRATOR: In almost four years, 2272 01:47:32,000 --> 01:47:37,000 it was the first serious break between Pence and Trump. 2273 01:47:38,000 --> 01:47:39,000 >> Donald Trump had every expectation 2274 01:47:39,000 --> 01:47:43,000 that he would go along with him on this. 2275 01:47:43,000 --> 01:47:44,000 Why wouldn't he? 2276 01:47:44,000 --> 01:47:47,000 He'd done everything else up until now. 2277 01:47:47,000 --> 01:47:49,000 Pence is a vice president who has been 2278 01:47:49,000 --> 01:47:51,000 exceedingly loyal to Trump 2279 01:47:51,000 --> 01:47:54,000 for three years, 11 months, and however many days. 2280 01:47:54,000 --> 01:47:59,000 Mike Pence never, ever, broke with the president. 2281 01:47:59,000 --> 01:48:04,000 >> NARRATOR: Now Pence had to make a critical decision. 2282 01:48:04,000 --> 01:48:05,000 >> Pence had just a clear conflict 2283 01:48:05,000 --> 01:48:07,000 between what Trump wanted him to do 2284 01:48:07,000 --> 01:48:09,000 and what the Constitution and the rule of law 2285 01:48:09,000 --> 01:48:10,000 required him to do. 2286 01:48:10,000 --> 01:48:12,000 I thk he managed to navigate those conflicts 2287 01:48:12,000 --> 01:48:13,000 in various ways over four years. 2288 01:48:13,000 --> 01:48:15,000 Not always, in my view, in the right way. 2289 01:48:15,000 --> 01:48:20,000 But this was such a blatant transgression. 2290 01:48:21,000 --> 01:48:22,000 >> NARRATOR: Pivotal to the plan 2291 01:48:22,000 --> 01:48:25,000 was this man-- John Eastman. 2292 01:48:25,000 --> 01:48:28,000 >> Here's this law professor, 2293 01:48:28,000 --> 01:48:32,000 a member of the Federalists. 2294 01:48:32,000 --> 01:48:35,000 His role was to provide a, 2295 01:48:35,000 --> 01:48:37,000 sort of a pseudo-intellectual cover 2296 01:48:37,000 --> 01:48:40,000 for legal arguments. 2297 01:48:40,000 --> 01:48:42,000 >> And he manufactures 2298 01:48:42,000 --> 01:48:44,000 this theory of the vice president's power, 2299 01:48:44,000 --> 01:48:47,000 that bas... that says that the vice president 2300 01:48:47,000 --> 01:48:48,000 of the United States is the ultimate arbiter 2301 01:48:48,000 --> 01:48:50,000 on January 6, those were his words, "the ultimate arbiter." 2302 01:48:50,000 --> 01:48:55,000 And Trump fully endorses Eastman's plan. 2303 01:48:56,000 --> 01:49:00,000 >> Well, John Eastman was one of my law clerks... 2304 01:49:00,000 --> 01:49:05,000 Perhaps 20, 25 years ago. 2305 01:49:06,000 --> 01:49:09,000 I was greatly concerned that John had given 2306 01:49:09,000 --> 01:49:13,000 the advice that he had given. 2307 01:49:13,000 --> 01:49:14,000 >> Judge J. Michael Luttig 2308 01:49:14,000 --> 01:49:17,000 is one of the leading conservative legal thinkers 2309 01:49:17,000 --> 01:49:18,000 in the country. 2310 01:49:18,000 --> 01:49:22,000 He's served in administrations of President Ronald Reagan 2311 01:49:22,000 --> 01:49:25,000 and George H.W. Bush. 2312 01:49:25,000 --> 01:49:28,000 >> Judge Luttig had a kind of moral authority 2313 01:49:28,000 --> 01:49:32,000 within the conservative community. 2314 01:49:32,000 --> 01:49:34,000 A guy himself who had been 2315 01:49:34,000 --> 01:49:36,000 short-listed for the Supreme Court. 2316 01:49:36,000 --> 01:49:38,000 Was on a first-name basis 2317 01:49:38,000 --> 01:49:41,000 with members of the Supreme Court. 2318 01:49:41,000 --> 01:49:44,000 >> Judge Luttig, I had the incredible honor 2319 01:49:44,000 --> 01:49:46,000 of serving as one of your law clerks. 2320 01:49:46,000 --> 01:49:50,000 Another person who did was John Eastman. 2321 01:49:50,000 --> 01:49:54,000 And you've written that Dr. Eastman's theory is, 2322 01:49:54,000 --> 01:49:58,000 in your words, "Incorrect at every turn." 2323 01:49:58,000 --> 01:50:02,000 >> Mr. Eastman said to the president 2324 01:50:02,000 --> 01:50:04,000 that there was both legal 2325 01:50:04,000 --> 01:50:09,000 as well as historical precedent 2326 01:50:09,000 --> 01:50:14,000 for the vice president to overturn the election. 2327 01:50:14,000 --> 01:50:18,000 This is Constitutional mischief. 2328 01:50:18,000 --> 01:50:20,000 I would have laid my body 2329 01:50:20,000 --> 01:50:25,000 across the road before I would have let the vice president 2330 01:50:26,000 --> 01:50:31,000 overturn the 2020 election. 2331 01:50:31,000 --> 01:50:36,000 I diagrammed his, uh, his, his legal analysis, 2332 01:50:36,000 --> 01:50:39,000 from beginning to end and concluded 2333 01:50:39,000 --> 01:50:44,000 that we was wrong at every, every turn of his analysis, 2334 01:50:44,000 --> 01:50:48,000 every turn of his thinking. 2335 01:50:48,000 --> 01:50:50,000 >> Judge Luttig, you wrote that the efforts 2336 01:50:50,000 --> 01:50:54,000 by President Trump to overturn the 2020 election were, 2337 01:50:54,000 --> 01:50:56,000 "the most reckless, insidious, 2338 01:50:56,000 --> 01:51:00,000 "and calamitous failures in both legal and political judgement 2339 01:51:00,000 --> 01:51:02,000 in American history." 2340 01:51:02,000 --> 01:51:05,000 What did you mean by that? 2341 01:51:05,000 --> 01:51:10,000 >> Exactly what I said, Congressman. 2342 01:51:11,000 --> 01:51:13,000 >> NARRATOR: White House lawyers had also warned 2343 01:51:13,000 --> 01:51:15,000 about Eastman's theories. 2344 01:51:15,000 --> 01:51:18,000 But Trump persisted, 2345 01:51:18,000 --> 01:51:20,000 summoning the vice president to the Oval Office. 2346 01:51:20,000 --> 01:51:22,000 >> The Eastman plan. 2347 01:51:22,000 --> 01:51:23,000 It was the last option 2348 01:51:23,000 --> 01:51:25,000 for Donald Trump. 2349 01:51:25,000 --> 01:51:28,000 January 4, 2021. 2350 01:51:28,000 --> 01:51:33,000 In the Oval Office, John Eastman, President Trump, 2351 01:51:33,000 --> 01:51:36,000 they pull Vice President Pence in. 2352 01:51:36,000 --> 01:51:41,000 He's joined by his aides, Greg Jacob and Marc Short. 2353 01:51:41,000 --> 01:51:44,000 Trump says to Pence, in front of others, 2354 01:51:44,000 --> 01:51:47,000 "You have to now listen to John Eastman, 2355 01:51:47,000 --> 01:51:49,000 "you have to follow the Eastman plan-- 2356 01:51:49,000 --> 01:51:53,000 object to the certification." 2357 01:51:53,000 --> 01:51:55,000 It's a pressure campaign. 2358 01:51:55,000 --> 01:51:57,000 Pence says to Trump, 2359 01:51:57,000 --> 01:51:59,000 "I'm going to do what I can, Mr. President, 2360 01:51:59,000 --> 01:52:02,000 I want to help you out but I'm listening to my lawyers." 2361 01:52:02,000 --> 01:52:04,000 He turns to Greg Jacob, his advisors, and he says, 2362 01:52:04,000 --> 01:52:08,000 "They're telling me I can't do it. 2363 01:52:08,000 --> 01:52:12,000 I can't do it, it's not constitutional, it's not legal." 2364 01:52:12,000 --> 01:52:17,000 Trump says, "You can do it, listen to John." 2365 01:52:17,000 --> 01:52:20,000 >> Mr. Jacob, during that meeting between 2366 01:52:20,000 --> 01:52:22,000 the president and the vice president, 2367 01:52:22,000 --> 01:52:25,000 what theories did Dr. Eastman present regarding 2368 01:52:25,000 --> 01:52:26,000 the role of the vice president 2369 01:52:26,000 --> 01:52:28,000 in counting the electoral votes? 2370 01:52:28,000 --> 01:52:31,000 >> So during that meeting on the fourth 2371 01:52:31,000 --> 01:52:35,000 I think I raised the problem 2372 01:52:35,000 --> 01:52:37,000 that Mr. Eastman's proposals 2373 01:52:37,000 --> 01:52:41,000 would violate several provisions of the Electoral Count Act. 2374 01:52:41,000 --> 01:52:46,000 Mr. Eastman acknowledged that that was the case. 2375 01:52:46,000 --> 01:52:48,000 >> Pence turns to Trump and says, 2376 01:52:48,000 --> 01:52:50,000 "Are you listening to this? Do you hear this?" 2377 01:52:50,000 --> 01:52:52,000 But Trump isn't listening to that, he just, 2378 01:52:52,000 --> 01:52:54,000 he's banging away on Pence, 2379 01:52:54,000 --> 01:52:57,000 "You are the guy who's going to keep us in power." 2380 01:52:57,000 --> 01:53:00,000 (siren blaring) 2381 01:53:00,000 --> 01:53:04,000 >> NARRATOR: Pence stood firm. 2382 01:53:04,000 --> 01:53:08,000 >> This is a man who has been so loyal for so long, 2383 01:53:08,000 --> 01:53:09,000 but I think, at the end of the day, 2384 01:53:09,000 --> 01:53:11,000 Mike Pence knew that he s 2385 01:53:11,000 --> 01:53:14,000 going to uphold the Constitution. 2386 01:53:14,000 --> 01:53:17,000 And he knew that he had no power to overturn 2387 01:53:17,000 --> 01:53:21,000 and do the things that the president was saying. 2388 01:53:21,000 --> 01:53:25,000 >> The choice Mike Pence was facing was not really a choice. 2389 01:53:25,000 --> 01:53:27,000 He had no choice to do anything 2390 01:53:27,000 --> 01:53:30,000 other than count the votes that took place. 2391 01:53:30,000 --> 01:53:33,000 But at this point, Donald Trump had surrounded himself 2392 01:53:33,000 --> 01:53:37,000 with people who were feeding him more and more nonsense 2393 01:53:37,000 --> 01:53:41,000 about how this process worked. 2394 01:53:41,000 --> 01:53:42,000 It was just another situation 2395 01:53:42,000 --> 01:53:45,000 of the president creating his own reality, 2396 01:53:45,000 --> 01:53:48,000 deciding things that can happen that simply can't, 2397 01:53:48,000 --> 01:53:51,000 and set Mike Pence up for the fall in a way 2398 01:53:51,000 --> 01:53:53,000 that he had really no choice in what to do. 2399 01:53:53,000 --> 01:53:57,000 ♪ ♪ 2400 01:53:57,000 --> 01:54:00,000 >> NARRATOR: The pressure on Pence figures prominently 2401 01:54:00,000 --> 01:54:02,000 in the indictment of Trump. 2402 01:54:02,000 --> 01:54:05,000 >> "The Defendant and co-conspirators attempted 2403 01:54:05,000 --> 01:54:08,000 to enlist the vice president to use his ceremonial role 2404 01:54:08,000 --> 01:54:10,000 at the January 6 certification proceeding 2405 01:54:10,000 --> 01:54:14,000 to fraudulently alter the election results. 2406 01:54:14,000 --> 01:54:17,000 >> NARRATOR: John Eastman is listed as one of 2407 01:54:17,000 --> 01:54:20,000 the unindicted co-conspirators, 2408 01:54:20,000 --> 01:54:25,000 though he still defends the advice he gave the president. 2409 01:54:25,000 --> 01:54:27,000 >> Trump's interactions with Pence, 2410 01:54:27,000 --> 01:54:29,000 direct and indirect, are crucial. 2411 01:54:29,000 --> 01:54:31,000 They really go to showing that part of the way 2412 01:54:31,000 --> 01:54:33,000 he obstructed justice 2413 01:54:33,000 --> 01:54:36,000 was trying to wrongfully pressure Pence, 2414 01:54:36,000 --> 01:54:40,000 who had an official task not to undertake that task. 2415 01:54:40,000 --> 01:54:44,000 >> Is the ct that Donald Trump asked him to do that, 2416 01:54:44,000 --> 01:54:46,000 is, is that criminal? 2417 01:54:46,000 --> 01:54:49,000 Again, I think you've got to be really careful there. 2418 01:54:49,000 --> 01:54:51,000 I don't think that's something you want to make criminal, 2419 01:54:51,000 --> 01:54:54,000 you know, on its own. 2420 01:54:54,000 --> 01:54:56,000 The mere ask to say, you know, 2421 01:54:56,000 --> 01:54:58,000 "I want you to not certify the results." 2422 01:54:58,000 --> 01:55:01,000 It doesn't necessarily mean that it was a violation 2423 01:55:01,000 --> 01:55:03,000 of the criminal law. 2424 01:55:03,000 --> 01:55:05,000 It depends on context and whatever other evidence 2425 01:55:05,000 --> 01:55:07,000 the government has. 2426 01:55:07,000 --> 01:55:10,000 >> Whether or not a particular act that the president 2427 01:55:10,000 --> 01:55:11,000 is alleged to have engaged in 2428 01:55:11,000 --> 01:55:13,000 is in and of itself a crime 2429 01:55:13,000 --> 01:55:16,000 isn't really going to be the question at that trial. 2430 01:55:16,000 --> 01:55:18,000 It's going to be whether that act 2431 01:55:18,000 --> 01:55:21,000 was in furtherance of a criminal objective. 2432 01:55:21,000 --> 01:55:24,000 All of these acts, all of the things that 2433 01:55:24,000 --> 01:55:26,000 we've been talking about, 2434 01:55:26,000 --> 01:55:28,000 they don't have to be illegal in and of themselves. 2435 01:55:28,000 --> 01:55:33,000 The crime is a conspiracy to defraud the United States. 2436 01:55:39,000 --> 01:55:44,000 ♪ ♪ 2437 01:55:45,000 --> 01:55:48,000 >> There's a lot of anticipation for today's hearings. 2438 01:55:48,000 --> 01:55:50,000 The committee says it will present 2439 01:55:50,000 --> 01:55:51,000 newly obtained evidence and testimony. 2440 01:55:51,000 --> 01:55:52,000 >> NARRATOR: In the midst of the 2441 01:55:52,000 --> 01:55:56,000 Jaary 6th committee's hearings, a dramatic moment. 2442 01:55:56,000 --> 01:55:58,000 >> Live testimony from a White House advisor 2443 01:55:58,000 --> 01:56:02,000 who was right there in the West Wing on January 6. 2444 01:56:02,000 --> 01:56:03,000 >> NARRATOR: A surprise witness. 2445 01:56:03,000 --> 01:56:06,000 >> During the Watergate hearings there was only 2446 01:56:06,000 --> 01:56:09,000 one surprise witness-- it was Alexander Butterfield, 2447 01:56:09,000 --> 01:56:10,000 while in the January 6 hearings, 2448 01:56:10,000 --> 01:56:12,000 the surprise witness is Cassidy Hutchinson. 2449 01:56:12,000 --> 01:56:15,000 >> NARRATOR: Cassidy Hutchinson: 2450 01:56:15,000 --> 01:56:18,000 a 25-year-old White House staffer. 2451 01:56:18,000 --> 01:56:20,000 >> The most intimidating thing 2452 01:56:20,000 --> 01:56:22,000 is all those cameras sitting one foot from her face 2453 01:56:22,000 --> 01:56:25,000 taking pictures of her. 2454 01:56:25,000 --> 01:56:27,000 (camera flash pops) 2455 01:56:27,000 --> 01:56:31,000 This is a young woman 2456 01:56:31,000 --> 01:56:35,000 standing in a setting that could 2457 01:56:35,000 --> 01:56:38,000 almost feel amphitheatrical. 2458 01:56:38,000 --> 01:56:43,000 ♪ ♪ 2459 01:56:44,000 --> 01:56:47,000 >> I was with Cassidy on the day of her testimony. 2460 01:56:47,000 --> 01:56:50,000 During it, I'm sitting behind her. 2461 01:56:50,000 --> 01:56:52,000 She was incredibly nervous, 2462 01:56:52,000 --> 01:56:55,000 I think like any normal person would be to do this. 2463 01:56:55,000 --> 01:57:00,000 There was a time beforehand where she wanted to back out. 2464 01:57:00,000 --> 01:57:04,000 Because it was really scary to go up against 2465 01:57:04,000 --> 01:57:06,000 the president of the United States, 2466 01:57:06,000 --> 01:57:07,000 and speak the truth, 2467 01:57:07,000 --> 01:57:12,000 is something that only a few people will know. 2468 01:57:14,000 --> 01:57:17,000 >> She was a hardcore Trump loyalist. 2469 01:57:17,000 --> 01:57:20,000 And she's getting ready to destroy the tribe 2470 01:57:20,000 --> 01:57:22,000 that she gets her identity from. 2471 01:57:22,000 --> 01:57:24,000 I've been there, right. I've been in that moment. 2472 01:57:24,000 --> 01:57:27,000 It was pretty awe-inspiring to be quite honest with you. 2473 01:57:27,000 --> 01:57:31,000 >> I will now swear in our witness. 2474 01:57:31,000 --> 01:57:33,000 >> Knowing how Trump had 2475 01:57:33,000 --> 01:57:38,000 become so intimidating a person for people who crossed him, 2476 01:57:38,000 --> 01:57:42,000 and this one young woman, doing what so many other 2477 01:57:42,000 --> 01:57:45,000 much older, frequently male staffers wouldn't do, 2478 01:57:45,000 --> 01:57:47,000 which is come forward 2479 01:57:47,000 --> 01:57:49,000 and testifying truthfully under oath. 2480 01:57:49,000 --> 01:57:50,000 >> ...the whole truth, and nothing but the truth, 2481 01:57:50,000 --> 01:57:52,000 so help you God? 2482 01:57:52,000 --> 01:57:53,000 >> (inaudible) 2483 01:57:53,000 --> 01:57:56,000 >> Thank you, you may be seated. 2484 01:57:56,000 --> 01:57:58,000 >> NARRATOR: Inside the White House, 2485 01:57:58,000 --> 01:58:00,000 Hutchinson had been a top aide 2486 01:58:00,000 --> 01:58:04,000 to Trump's chief of staff, Mark Meadows, 2487 01:58:04,000 --> 01:58:06,000 and in the room during key events 2488 01:58:06,000 --> 01:58:08,000 the committee was investigating. 2489 01:58:08,000 --> 01:58:12,000 >> Hutchinson was a crucial witness in terms of helping to 2490 01:58:12,000 --> 01:58:14,000 shine a light on the president's state of mind 2491 01:58:14,000 --> 01:58:19,000 because so few people were capable of doing that. 2492 01:58:19,000 --> 01:58:20,000 >> NARRATOR: Hutchinson revealed details 2493 01:58:20,000 --> 01:58:25,000 about Trump's plans for January 6. 2494 01:58:25,000 --> 01:58:26,000 >> On January 2, 2495 01:58:26,000 --> 01:58:28,000 four days before the attack on our Capitol, 2496 01:58:28,000 --> 01:58:31,000 President Trump's lead lawyer, Mr. Giuliani, was meeting 2497 01:58:31,000 --> 01:58:35,000 with White House chief of staff Mark Meadows and others. 2498 01:58:35,000 --> 01:58:37,000 Ms. Hutchinson, we understand that you 2499 01:58:37,000 --> 01:58:40,000 walked Mr. Giuliani out of the White House that night, 2500 01:58:40,000 --> 01:58:43,000 and he talked to you about January 6. 2501 01:58:43,000 --> 01:58:44,000 What do you remember him saying? 2502 01:58:44,000 --> 01:58:47,000 >> As Mr. Giuliani and I were walking to his vehicles 2503 01:58:47,000 --> 01:58:50,000 that evening, he looked at me and said 2504 01:58:50,000 --> 01:58:52,000 something to the effect of, 2505 01:58:52,000 --> 01:58:54,000 "Cass, are you excited for the sixth? 2506 01:58:54,000 --> 01:58:56,000 It's going to be a great day." 2507 01:58:56,000 --> 01:58:58,000 I member looking at him saying, 2508 01:58:58,000 --> 01:59:02,000 "Rudy, could you explain what's happening on the sixth?" 2509 01:59:02,000 --> 01:59:05,000 And he had responded something to the effect of, 2510 01:59:05,000 --> 01:59:07,000 "We're going to the Capitol. 2511 01:59:07,000 --> 01:59:08,000 "It's going to be great. 2512 01:59:08,000 --> 01:59:10,000 "The president's going to be there. 2513 01:59:10,000 --> 01:59:13,000 He's going to look powerful." 2514 01:59:13,000 --> 01:59:16,000 >> She clearly had nothing to gain by doing it. 2515 01:59:16,000 --> 01:59:17,000 She was telling the truth as she saw it. 2516 01:59:17,000 --> 01:59:20,000 This poised, composed 2517 01:59:20,000 --> 01:59:23,000 young woman with no obvious axe to grind 2518 01:59:23,000 --> 01:59:25,000 as she's telling her story, 2519 01:59:25,000 --> 01:59:29,000 it's the most powerful moment I think in the entire hearings. 2520 01:59:29,000 --> 01:59:30,000 >> And I found Mr. Meadows 2521 01:59:30,000 --> 01:59:32,000 in his office, scrolling through his phone. 2522 01:59:32,000 --> 01:59:35,000 I remember leaning against the doorway and saying, 2523 01:59:35,000 --> 01:59:38,000 "I just had an interesting conversation with Rudy, Mark. 2524 01:59:38,000 --> 01:59:40,000 It sounds like we're going to go to the Capitol." 2525 01:59:40,000 --> 01:59:43,000 He didn't look up from his phone, 2526 01:59:43,000 --> 01:59:44,000 and said something to the effect of, 2527 01:59:44,000 --> 01:59:48,000 "There's a lot going on, Cass, but I don't know, 2528 01:59:48,000 --> 01:59:53,000 things might get real, real bad on January 6." 2529 01:59:53,000 --> 01:59:54,000 >> (crowd chanting): U.S.A.! 2530 01:59:54,000 --> 01:59:55,000 U.S.A.! 2531 01:59:55,000 --> 01:59:57,000 U.S.A.! >> Tensions are running high. 2532 01:59:57,000 --> 01:59:59,000 30,000 supporters of the present 2533 01:59:59,000 --> 02:00:00,000 are gathering right now. 2534 02:00:00,000 --> 02:00:02,000 They're having what they're calling 2535 02:00:02,000 --> 02:00:04,000 a "Stop the Steal" rally. 2536 02:00:04,000 --> 02:00:06,000 >> NARRATOR: And on January 6, 2537 02:00:06,000 --> 02:00:08,000 Hutchinson was in the president's inner circle. 2538 02:00:08,000 --> 02:00:11,000 >> I think the campaign is aware 2539 02:00:11,000 --> 02:00:13,000 that January 6 would be the last stand. 2540 02:00:13,000 --> 02:00:15,000 Once that certification happens on the sixth, 2541 02:00:15,000 --> 02:00:18,000 that it's really over. 2542 02:00:18,000 --> 02:00:22,000 (siren blaring) 2543 02:00:22,000 --> 02:00:25,000 >> Miss Hutchinson, did you go to the rally 2544 02:00:25,000 --> 02:00:27,000 in the presidential motorcade? 2545 02:00:27,000 --> 02:00:29,000 >> I, I was there, yes. 2546 02:00:29,000 --> 02:00:31,000 (siren blaring) 2547 02:00:31,000 --> 02:00:33,000 >> And were you backstage 2548 02:00:33,000 --> 02:00:35,000 with the president and other members of his staff and family? 2549 02:00:35,000 --> 02:00:37,000 >> I was. 2550 02:00:37,000 --> 02:00:39,000 >> NARRATOR: It was in the tent backstage that Hutchinson 2551 02:00:39,000 --> 02:00:43,000 heard crucial evidence of what Trump knew 2552 02:00:43,000 --> 02:00:46,000 about the potential for violence that day. 2553 02:00:46,000 --> 02:00:49,000 >> (on video): When we were in the fstage announce area tent 2554 02:00:49,000 --> 02:00:51,000 behind the stage 2555 02:00:51,000 --> 02:00:54,000 he was very concerned about the shots-- 2556 02:00:54,000 --> 02:00:56,000 meaning the photographs that we would get 2557 02:00:56,000 --> 02:00:59,000 because the rally space wasn't full. 2558 02:00:59,000 --> 02:01:02,000 >> The former president was unhappy with the crowd se.