2021-06-30

Bill Cosby freed from prison, his sex conviction overturned



Story by AP

Written by MARYCLAIRE DALE


PHILADELPHIA (AP) — Pennsylvania’s highest court threw out Bill Cosby’s sexual assault conviction and released him from prison Wednesday in a stunning reversal of fortune for the comedian once known as “America’s Dad,” ruling that the prosecutor who brought the case was bound by his predecessor’s agreement not to charge Cosby.

Cosby, 83, flashed the V-for-victory sign to a helicopter overhead as he trudged into his suburban Philadelphia home after serving nearly three years of a three- to 10-year sentence for drugging and violating Temple University sports administrator Andrea Constand in 2004.

The former “Cosby Show” star — the first celebrity tried and convicted in the #MeToo era — had no comment as he arrived, and just smiled and nodded later at a news conference outside, where his lawyer Jennifer Bonjean said: “We are thrilled to have Mr. Cosby home.”

“He served three years of an unjust sentence and he did it with dignity and principle,” she added.

In a statement, Constand and her lawyers called the ruling disappointing, and they, like many other advocates, expressed fear that it could discourage sexual assault victims from coming forward. “We urge all victims to have their voices heard,” they added.

Cosby was arrested in 2015, when a district attorney armed with newly unsealed evidence — the comic’s damaging deposition in a lawsuit brought by Constand — filed charges against him just days before the 12-year statute of limitations was about to run out.

But the Pennsylvania Supreme Court said Wednesday that District Attorney Kevin Steele, who made the decision to arrest Cosby, was obligated to stand by his predecessor’s promise not to charge Cosby, though there was no evidence that agreement was ever put in writing.

Justice David Wecht, writing for a split court, said Cosby had relied on the previous district attorney’s decision not to charge him when the comedian gave his potentially incriminating testimony in Constand’s civil case.

The court called Cosby’s subsequent arrest “an affront to fundamental fairness, particularly when it results in a criminal prosecution that was forgone for more than a decade.” It said justice and “fair play and decency” require that the district attorney’s office stand by the decision of the previous DA.

The justices said that overturning the conviction and barring any further prosecution “is the only remedy that comports with society’s reasonable expectations of its elected prosecutors and our criminal justice system.”

Cosby was promptly set free from the state prison in suburban Montgomery County and driven home.

“What we saw today was justice, justice for all Americans,” said another Cosby attorney, Andrew Wyatt. ”Mr. Cosby’s conviction being overturned is for the world and all Americans who are being treated unfairly by the judicial system and some bad officers.”

Bonjean said Cosby was “extremely happy to be home” and “looks forward to reuniting with his wife and children.” Several supporters outside yelled, “Hey, hey, hey!” — the catchphrase of Cosby’s animated Fat Albert character — which brought a smile from him.

He later tweeted an old photo of himself with his fist raised and eyes closed, with the caption: “I have never changed my stance nor my story. I have always maintained my innocence. Thank you to all my fans, supporters and friends who stood by me through this ordeal. Special thanks to the Pennsylvania Supreme Court for upholding the rules of law.”

In a statement, Steele, the district attorney, said Cosby went free “on a procedural issue that is irrelevant to the facts of the crime.” He commended Constand for coming forward and added: “My hope is that this decision will not dampen the reporting of sexual assaults by victims.”

“I am furious to hear this news,” actor Amber Tamblyn, a founder of Time’s Up, an advocacy group for sex-crime victims, said on Twitter. “I personally know women who this man drugged and raped while unconscious. Shame on the court and this decision.”

But “Cosby Show” co-star Phylicia Rashad tweeted: “FINALLY!!!! A terrible wrong is being righted — a miscarriage of justice is corrected!”

Four Supreme Court justices formed the majority that ruled in Cosby’s favor, while three others dissented in whole or in part.

Peter Goldberger, a suburban Philadelphia lawyer with an expertise in criminal appeals, said prosecutors could ask the Pennsylvania Supreme Court for reargument or reconsideration, but it would be a very long shot.

“I can’t imagine that with such a lengthy opinion, with a thoughtful concurring opinion and a thoughtful dissenting opinion, that you could honestly say they made a simple mistake that would change their minds if they point it out to them,” Goldberger said.

Even though Cosby was charged only with the assault on Constand, the judge at his trial allowed five other accusers to testify that they, too, were similarly victimized by Cosby in the 1980s. Prosecutors called them as witnesses to establish what they said was a pattern of behavior on Cosby’s part.

Cosby’s lawyers had argued on appeal that the use of the five additional accusers was improper. But the Pennsylvania high court did not weigh in on the question, saying it was moot, given the finding that Cosby should not have been prosecuted in the first place.

In sentencing Cosby, the trial judge had declared him a sexually violent predator who could not be safely allowed out in public and needed to report to authorities for the rest of his life.

In May, Cosby was denied parole after refusing to participate in sex offender programs behind bars. He said he would resist the treatment programs and refuse to acknowledge wrongdoing even if it meant serving the full 10 years.

The groundbreaking Black actor grew up in public housing in Philadelphia and made a fortune estimated at $400 million during his 50 years in the entertainment industry that included the TV shows “I Spy,” “The Cosby Show” and “Fat Albert,” along with comedy albums and a multitude of television commercials.

The suburban Philadelphia prosecutor who originally looked into Constand’s allegations, Montgomery County District Attorney Bruce Castor, considered the case flawed because Constand waited a year to come forward and stayed in contact with Cosby afterward. Castor declined to prosecute and instead encouraged Constand to sue for damages.

Questioned under oath as part of that lawsuit, Cosby said he used to offer quaaludes to women he wanted to have sex with. He eventually settled with Constand for $3.4 million.

Portions of the deposition later became public at the request of The Associated Press and spelled Cosby’s downfall, opening the floodgates on accusations from other women and destroying the comic’s good-guy reputation and career. More than 60 women came forward to say Cosby violated them.

The AP does not typically identify sexual assault victims without their permission, which Constand has granted.

Cosby, in the deposition, acknowledged giving quaaludes to a 19-year-old woman before having sex with her at a Las Vegas hotel in 1976. Cosby called the encounter consensual.

On Wednesday, the woman, Therese Serignese, now 64, said the court ruling “takes my breath away.”

“I just think it’s a miscarriage of justice. This is about procedure. It’s not about the truth of the women,” she said. Serignese said she took solace in the fact Cosby served nearly three years behind bars: “That’s as good as it gets in America” for sex crime victims.

2021-06-25

Former Minneapolis police Officer Derek Chauvin gets a 22 1/2 years sentence in prison for George Floyd's death

 

Chauvin gets 22 1/2 years in prison for George Floyd's death

 

MINNEAPOLIS (AP) — Former Minneapolis police Officer Derek Chauvin has been sentenced to 22 1/2 years in prison for the murder of George Floyd, whose dying gasps under Chauvin’s knee led to the biggest outcry against racial injustice in the U.S. in generations.

he punishment handed out Friday fell short of the 30 years that prosecutors had requested.

With good behavior, Chauvin, 45, could be paroled after serving two-thirds of his sentence, or about 15 years.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

MINNEAPOLIS (AP) — Former police Officer Derek Chauvin broke his long courtroom silence Friday as he faced sentencing for the murder of George Floyd, offering condolences to Floyd's family and saying he hopes more information coming out will give them “some peace of mind.”

Chauvin, who did not testify at his trial, removed his COVID-19 and turned toward the Floyd family, speaking only briefly because of what he called “some additional legal matters at hand” — an apparent reference to the federal civil rights trial he still faces.

“But very briefly, though, I do want to give my condolences to the Floyd family. There’s going to be some other information in the future that would be of interest. And I hope things will give you some some peace of mind,” he said, without elaborating.

Chauvin attorney Eric Nelson called Floyd’s death “tragic,” and that Chauvin"s “brain is littered with what-ifs” from the day: “What if I just did not agree to go in that day? What if things had gone differently? What if I never responded to that call? What if what if what if?”

Floyd's family members took the stand and expressed sorrow about his death. They asked for the maximum penalty.

“We don’t want to see no more slaps on the wrist. We’ve been through that already," said a tearful Terrence Floyd, one of Floyd's brothers.

Floyd's nephew Brandon Williams said: “Our family is forever broken.” And Floyd's 7-year-old daughter, Gianna, in a video played in court, said that if she could say something to her father now, it would be: “I miss you and and I love you.”

Prosecutor Matthew Frank asked the judge to exceed sentencing guidelines and give Chauvin 30 years in prison, saying “tortured is the right word” for what the officer did to Floyd.

“This is not a momentary gunshot, punch to the face. This is 9½ minutes of cruelty to a man who was helpless and just begging for his life," Frank said.

Chauvin's mother, Carolyn Pawlenty, took the stand to plead for mercy for son, saying his reputation has been unfairly reduced to that of “an aggressive, heartless and uncaring person” and a racist.

“I can tell you that is far from the truth,” she told the judge. “I want this court to know that none of these things are true and that my son is a good man." She added: “Derek, I want you to know I have always believed in your innocence, and I will never waver from that.”

“I will be here for you when you come home,” she said.

The concrete barricades, razor wire and National Guard patrols at the courthouse during Chauvin's three-week trial in the spring were gone Friday, reflecting an easing of tensions since the verdict in April. Still, there was recognition that the sentencing was another major step forward for Minneapolis since Floyd died on May 25, 2020.

“Between the incident, the video, the riots, the trial — this is the pinnacle of it,” said Mike Brandt, a local defense attorney who closely followed the case. “The verdict was huge too, but this is where the justice comes down.”

Chauvin was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for up to 9 1/2 minutes as the 46-year-old Black man gasped that he couldn’t breathe and went limp.

Bystander video of Floyd's arrest on suspicion of passing a counterfeit $20 bill at a corner store prompted protests around the world and led to scattered violence in Minneapolis and beyond.

Minnesota sentencing guideline s called for 12 1/2 years, but Judge Peter Cahill agreed with prosecutors ahead of Friday’s proceedings that there were aggravating circumstances that could justify a heavier punishment — among them, that Chauvin treated Floyd with particular cruelty, abused his position of authority as a police officer and did it in front of children.

The defense requested probation, saying Chauvin was the product of a “broken” system and “believed he was doing his job.”

With good behavior, Chauvin could get out on parole after serving about two-thirds of his sentence.

Before the sentencing, the judge denied Chauvin’s request for a new trial. Defense attorney Eric Nelson had argued that the intense publicity tainted the jury pool and that the trial should have been moved away from Minneapolis.

The judge also rejected a defense request for a hearing into possible juror misconduct. Nelson had accused a juror of not being candid during jury selection because he didn’t mention his participation in a march last summer to honor the Rev. Martin Luther King Jr. Prosecutors countered the juror had been open about his views.

Ben Crump, an attorney for the family, said relatives were “anxious and tense” ahead of the proceedings. “To us, George Floyd is a cause. He’s a case. He’s a hashtag. To them -- that’s their flesh and blood. You know, that that’s their brother,” Crump said.

It was unclear whether Chauvin would break his long silence and speak at his sentencing. Some experts had expressed doubt he would say anything because of the risk his words could be used against him in the federal case. No date for that trial has been set.

But Brandt said Chauvin could say a few words without getting into legal trouble. “I think it’s his chance to tell the world, ‘I didn’t intend to kill him,’” the attorney said. “If I was him, I think I would want to try and let people know that I’m not a monster.”

Chauvin did not testify at his trial. The only explanation the public heard from him came from body-camera footage in which he told a bystander at the scene: “We got to control this guy ’cause he’s a sizable guy ... and it looks like he’s probably on something.”

Philip Stinson, a criminal justice professor at Bowling Green State University, said 11 non-federal law officers, including Chauvin, have been convicted of murder for on-duty deaths since 2005. The penalties for the nine who were sentenced before Chauvin ranged from from six years, nine months, to life behind bars, with the median being 15 years.

With Chauvin’s sentencing, the Floyd family and Black America faced something of a rarity: In the small number of instances in which officers accused of brutality or other misconduct against Black people have gone to trial, the list of acquittals and mistrials is longer than the list of sentencings after conviction.

In recent years, the acquittals have included officers tried in the deaths of Philando Castile in suburban Minneapolis and Terence Crutcher in Tulsa, Oklahoma. Two mistrials were declared over the death of Samuel Dubose in Cincinnati.

“That’s why the world has watched this trial, because it is a rare occurrence,” said Arizona-based civil rights attorney Benjamin Taylor, who has represented victims of police brutality. “Everybody knows that this doesn’t happen every day.”

Several people interviewed in Minneapolis before Chauvin's sentencing said they wanted to see a tough sentence.

Thirty years “doesn't seem like long enough to me,” said Andrew Harer, a retail worker who is white. “I would be fine if he was in jail for the rest of his life.”

Joseph Allen, 31, who is Black, said he would like to see Chauvin get a life sentence, adding that he hopes other police officers learn “not to do what Derek Chauvin did.”

As for whether she would like to hear Chauvin speak, Levy Armstrong said: “For me as a Black woman living in this community, there’s really nothing that he could say that would alleviate the pain and trauma that he caused. ... I think that if he spoke it would be disingenuous and could cause more trauma."

Chauvin has been held since his conviction at the state's maximum-security prison in Oak Park Heights, where he has been kept in a cell by himself for his own protection, his meals brought to him.

The three other officers are scheduled for trial in March on state charges of aiding and abetting both murder and manslaughter.

_

Associated Press writers Aaron Morrison and Stephen Groves and Associated Press/Report for America reporter Mohamed Ibrahim contributed to this report.

2021-06-22

Black NBA coaches hope playoff success presents more opportunities

With seven head coach openings, there is optimism diversity in the coaching ranks will improveill improve

Story by The Undefeated

Written by Marc J. Spears @marcjspears

PHOENIX – The NBA’s version of the Final Four arrived with Black head coaches leading three of the four teams for the first time in the conference finals.

The Phoenix Suns’ Monty Williams, LA Clippers’ Tyronn Lue and Atlanta Hawks’ interim Nate McMillan are all Black coaches leading their teams into the conference finals. Lue sees the historic moment as a reminder that Black coaches are capable of leading successful teams.

“Three out of the four coaches left standing are going to be Black coaches. That says a lot about how we can coach. Hopefully, we can stop getting looked down upon so we can build a way for all the young Black head coaches,” Lue said.

There are currently seven head-coaching jobs open, presenting another opportunity for the NBA to improve diversity in the coaching ranks. The regular season ended with seven Black coaches out of 30 in a league that is predominantly Black.

Head coach Monty Williams (second from right) of the Phoenix Suns talks with (from left to right) Deandre Ayton, Devin Booker, Cameron Payne and Jae Crowder during Game 1 of a second-round series against the Denver Nuggets on June 7 at the Phoenix Suns Arena.

GARRETT ELLWOOD/NBAE VIA GETTY IMAGES

Those identifying themselves as African American made up 74.8% of all NBA players, and in 2019, 81.9% of players were people of color, according to the Institute for Diversity and Ethics in Sport. The percentage of white NBA players in 2019 was 18.1%, a decrease of 1.2%.

In the midst of the NBA players’ social justice movement sparked by the murder of George Floyd by a Minneapolis police officer in 2020, there has been a call from players for the league to invest more into African Americans on and off the court. An increase in Black head coaches is among the requests. Boston Celtics guard Jaylen Brown said on Twitter last week, “Analytics: 7 NBA teams remaining 4 are led by African American head coaches” to bring light to the issue. The Celtics, Indiana Pacers, Washington Wizards, Orlando Magic, Dallas Mavericks, Portland Trail Blazers and New Orleans Pelicans all have openings.

Lue is optimistic that several of the openings will be filled by Black coaches.

“There are a lot of openings this summer,” Lue said. “Hopefully, these GMs [general managers] and owners will see that Black coaches are good coaches and hopefully give them an opportunity to be coaches.”

One reason for optimism is that several NBA sources tell The Undefeated that there is high interest from teams to hire African American coaches who could perhaps relate more strongly with the league’s predominantly Black players. ESPN’s Jackie MacMullan said on The Jump on June 17 that the Celtics want to hire “a coach of color” in acknowledged efforts to bring diversity to their franchise. Other sources said the Pelicans would like to add an African American head coach who could relate well with star forward Zion Williamson and the Wizards are interested in hiring a Black head coach, too.

There is no shortage of available candidates, and that list includes some who are coaching in the conference finals. Sources say Clippers assistant coach Chauncey Billups, a 2004 NBA Finals MVP, is a candidate for openings in New Orleans, Boston and Portland. Milwaukee Bucks assistant coaches Darvin Ham and Charles Lee, who has been linked to the Pelicans opening, are often mentioned candidates. Williams said Suns assistant coach Willie Green is also up for several head coach openings. MacMullan said Hawks assistant coach Melvin Hunt, a former interim head coach with the Denver Nuggets, should be interviewed for the openings as well.

G League Select head coach Brian Shaw, a former NBA head coach and Pacers assistant coach, is interviewing for the Pacers’ head coach job, according to ESPN’s Adrian Wojnarowski.

Sources say other Black NBA assistant coaches who are considered candidates include the Los Angeles Lakers’ Jason Kidd, the Mavericks’ Jamahl Mosley, the Nuggets’ Wes Unseld Jr., the Golden State Warriors’ Mike Brown, the Philadelphia 76ers’ Sam Cassell, the Brooklyn Nets’ Ime Udoka and Jacque Vaughn, the Pelicans’ Teresa Weatherspoon and the Minnesota Timberwolves’ David Vanterpool.

“There are so many worthy candidates,” Williams said. “Willie Green is talking to teams as we speak. There is Darvin, Sam Cassell, Chauncey. These are guys that when I watch them, talk to them and think about when I was in their position, they were so far ahead of me. I’m like, ‘Wow.’ These guys deserve a shot. And I’ve had two jobs. Every chance I get I try to promote those guys. And if I can be of assistance to them when they’re going through the process or hope to be.

“I remember where I was when I was at that stage where they are. I think about how smart Willie, Chauncey, Darvin and Sam are. It’s pretty cool to see them get the mentions that they’re getting. People are looking out for them in that regard. I hope they get their shot.”

Suns All-Star guard Devin Booker, who is African American and Mexican American, says that having a Black head coach and general manager who are also former players has been beneficial for him.

“People are understanding what is going on and are realizing who the real basketball minds are,” Booker said. “They put countless hours into their craft and their work. They’ve seen those situations from being on the court before. It’s easier for them to approach us with conversation when they have an understanding of where we are coming from. That connection with the general manager and head coach with the players is very important if you want to win big. …

“You have to give your props to Ty out there coaching [the Clippers]. The game is transforming. You see more African Americans in position. And I think it’s going to continue to see success and understand how important the relationship aspect of it is.”

Success could be the best way for African American coaches to open the door for other Black head coaches, and the conference finals offer that opportunity.

McMillan is the 20th-winningest head coach in NBA history and has a chance to coach the Hawks to their first title since they were in St. Louis in 1958. Lue coached the Cleveland Cavaliers to their first NBA championship in 2016 and has a chance to coach the Clippers to their first NBA Finals appearance. Williams also has a chance to coach the Suns to their first NBA Finals appearance since 1993 and first title.

“The big thing for us as Black coaches is to win titles to put us on the level so people will look at us as some of the good coaches in this league,” McMillan previously told The Undefeated.

So do Williams and Lue feel pressure to succeed in order to open the door for more Black head coaches?

“I don’t feel pressure,” Williams said. “I do feel a responsibility to work hard to keep myself in a position of professionalism.”

Said Lue: “I don’t feel extra pressure. But I do want to do well so they can continue to see that.”

2021-06-15

New Documents Show Trump Repeatedly Pressed DOJ to Overturn Election Results Before Inciting Capitol Attack

 

ImageFOR IMMEDIATE RELEASE:  June 15, 2021
CONTACT:  Emma Dulaney, (202) 226-5181 

New Documents Show Trump Repeatedly Pressed DOJ to Overturn Election Results Before Inciting Capitol Attack  

Ahead of Hearing on Insurrection, Oversight Committee Releases New Evidence and Seeks Transcribed Interviews with Key Officials 


Washington, D.C. (June 15, 2021)—
Today, Rep. Carolyn B. Maloney, the Chairwoman of the Committee on Oversight and Reform, released new documents showing President Trump’s efforts to pressure the Department of Justice (DOJ) to overturn the lawful results of the 2020 presidential election.  At 2:00 p.m., the Committee will hold its second hearing on the events of January 6, 2021, in which insurrectionists stormed the U.S. Capitol to disrupt a joint session of Congress convened to count Electoral College votes.

“These documents show that President Trump tried to corrupt our nation’s chief law enforcement agency in a brazen attempt to overturn an election that he lost,” Chairwoman Maloney said.  “Those who aided or witnessed President Trump’s unlawful actions must answer the Committee’s questions about this attempted subversion of democracy.  My Committee is committed to ensuring that the events leading to the violent January 6 insurrection are fully investigated.”

On May 21, 2021, the Committee sent a letter to DOJ requesting documents relating to President Trump’s efforts to overturn the results of the 2020 election prior to the January 6 attack. 

Documents obtained by the Committee in response to this letter show that in December 2020 and early January 2021, President Trump, his Chief of Staff, and outside allies repeatedly put pressure on senior DOJ officials to challenge the results of the presidential election and advance unsubstantiated allegations of voter fraud, with the apparent goal of keeping President Trump in power despite losing the 2020 election.

President Trump Sent Bogus Election Fraud Claims to Top DOJ Officials Minutes Before Announcing Their Promotions to the Top Two Spots in the Department

  • On December 14, 2020—the day electors in each state certified the Electoral College votes—President Trump’s White House Assistant sent an email with the subject “From POTUS” to then-Deputy Attorney General Jeffrey Rosen.  The email attached materials about alleged voter fraud in Antrim County, Michigan, including “talking points” that asserted, “a Cover-up is Happening regarding the voting machines in Michigan,” and, “Michigan cannot certify for Biden.”
     
  • Just two minutes after President Trump’s assistant sent these documents to Mr. Rosen, then-Principal Associate Deputy Attorney General Richard Donoghue, through his assistant, sent the same documents to the U.S. Attorneys for the Eastern and Western Districts of Michigan. 
     
  • Approximately 40 minutes after sending this phony voter fraud information, President Trump tweeted that Attorney General Barr—who had said publicly that he had not seen widespread election fraud—would be stepping down, that Mr. Rosen would serve as Acting Attorney General, and that Mr. Donoghue would serve as Acting Deputy Attorney General.

President Trump Used Official White House Channels and a Private Attorney to Pressure DOJ to Urgently File a Supreme Court Lawsuit to Nullify the Election

  • On December 29, 2020, President Trump’s White House Assistant emailed Mr. Rosen, Mr. Donoghue, and Acting Solicitor General Jeffrey Wall, attaching a draft legal brief to file in the Supreme Court.  She wrote, “The President asked me to send the attached draft document for your review,” and provided a phone number so they could contact the President directly. 
     
  • The draft 54-page complaint demanded that the Supreme Court “declare that the Electoral College votes cast” in six states that President Trump lost “cannot be counted,” and  requested that the Court order a “special election” for president in those states.
     
  • On the very same day, a private attorney, Kurt Olsen, contacted multiple senior DOJ officials on President Trump’s behalf to urge them to file this complaint.  In one email to Mr. Rosen’s Chief of Staff, he wrote:  “As I said on our call, the President of the United States has seen this complaint, and he directed me last night to brief AG Rosen in person today and discuss bringing this action.  I have been instructed to report back to the President this afternoon after this meeting.”  In a separate email to the Acting Solicitor General, Mr. Olsen added, “This is an urgent matter.”
     
  • Emails indicate that Mr. Rosen discussed the filing with Mr. Olsen on or around December 29, 2020, and asked Mr. Olsen to send him Supreme Court precedent supporting the arguments in the complaint.  Mr. Olsen previously represented Texas in its failed lawsuit to overturn the results of the 2020 presidential election. 

President Trump Enlisted Assistant AG Jeffrey Clark in an Attempt to Advance Election Fraud Claims

  • Emails confirm that on December 31, 2020, and January 3, 2021, President Trump met with Mr. Rosen, then-Assistant Attorney General Jeffrey Clark, and other DOJ officials.  During these meetings, President Trump reportedly pressured them to challenge the results of the 2020 presidential election. 
     
  • On January 1, 2021, White House Chief of Staff Mark Meadows directed Mr. Rosen to have Mr. Clark look into “signature match anomalies in Fulton county, GA.”  Later that day, Mr. Rosen sent Mr. Clark the cell phone number of then-U.S. Attorney for the Northern District of Georgia Byung J. Pak with the subject line “atlanta.”   That day, Mr. Clark also emailed Dustin Carmack, Chief of Staff to the Director of National Intelligence, to request a call. 
     
  • On January 2, 2021, Mr. Rosen followed up with Mr. Clark regarding his call with Mr. Pak.  Mr. Clark replied, “I spoke to the source and am on with the guy who took the video right now.  Working on it.  More due diligence to do.”  Later that day, President Trump referred to Mr. Pak as a “never-Trumper U.S. Attorney” while discussing two videos purporting to show fraudulent votes in Fulton County with Georgia Secretary of Secretary Brad Raffensberger.
     
  • The January 3 meeting was described in press reports as an “Apprentice”-like battle during which President Trump considered “whether to fire Mr. Rosen and replace him with Mr. Clark” who was sympathetic to the President’s election fraud claims.  After the meeting, Associate Deputy Attorney General Patrick Hovakimian reported to his colleagues:  “it sounds like Rosen and the cause of justice won.”
     
  • Later that evening, Mr. Donoghue emailed Mr. Pak with the subject line “Please call ASAP.”  Mr. Pak resigned less than 10 hours later, reportedly under pressure from the Trump White House.

The White House Chief of Staff Pressured DOJ to Investigate Conspiracy Theories At Least Fives Times

  • Newly released documents substantiate recent reports that former White House Chief of Staff Mark Meadows pressured DOJ officials—on at least five occasions—to investigate baseless claims of election fraud or put pressure on other officials to pursue these claims.
     
  • On December 30, 2020, Mr. Meadows forwarded Mr. Rosen an email from Cleta Mitchell, a Trump advisor who later participated in a January phone call with Georgia Secretary of State Brad Raffensperger.  During that call,  President Trump reportedly asked Georgia election officials to “find” enough votes to declare him the winner of the state.  The December 30 email contained allegations of “video issues in Fulton County.”  Mr. Meadows wrote to Mr. Rosen:  “Can you have your team look into these allegations of wrongdoing.  Only the alleged fraudulent activity.” 
     
  • Later on December 30, 2020, Mr. Meadows emailed Mr. Rosen a translation of a document from an individual in Italy claiming to have “direct knowledge” of a plot by which American electoral data was changed in Italian facilities “in coordination with senior US intelligence officials (CIA)” and loaded onto “military satellites.”  This individual claimed that the true data, as well as sources within the conservative wing of the Italian secret service, confirmed that Donald Trump was “clearly the winner” of the 2020 election.
     
  • On January 1, 2021, Mr. Meadows emailed Mr. Rosen on three separate occasions to provide unsubstantiated claims about election fraud or ask him to take direct action to change the results: 
     
    • At 3:08 p.m., Mr. Meadows sent Mr. Rosen a YouTube link referencing the Italy conspiracy, labeled “Brad Johnson:  Rome, Satellites, Servers:  an Update.”  Mr. Rosen forwarded the email to Mr. Donoghue, who responded:  “Pure insanity.”  Mr. Rosen explained to Mr. Donoghue that after receiving the message, he was asked to have the FBI meet with Brad Johnson, who Mr. Rosen learned “is working with Rudy Giuliani.”  Mr. Rosen said he refused the request.
       
    • At 4:13 p.m., Mr. Meadows sent another email to Mr. Rosen, writing:  “There have been allegations of signature match anomalies in Fulton county, Ga.  Can you get Jeff Clark to engage on this issue immediately to determine if there is any truth to this allegation.”  Mr. Rosen forwarded this email to Mr. Donoghue with the comment:  “Can you believe this?  I am not going to respond to the message below.” 
       
    • At 6:56 p.m., Mr. Meadows forwarded Mr. Rosen a document alleging voting irregularities and problems with Dominion machines in New Mexico and asking Mr. Rosen for his “team to review the allegations contained herein.”

Requests for Transcribed Interviews

In light of these new documents, the Committee has requested that the following officials appear for a transcribed interview regarding any efforts by President Trump and others to advance unsubstantiated allegations of voter fraud or seek to overturn the 2020 election:

  • Former White House Chief of Staff Mark Meadows
  • Former Acting Deputy Attorney General Richard Donoghue
  • Former Assistant Attorney General Jeffrey Clark
  • Former Associate Deputy Attorney General Patrick Hovakimian
  • Former U.S. Attorney for the Northern District of Georgia Byung Jin Pak

On May 21, 2021, the Committee invited Mr. Rosen to appear for a transcribed interview on these matters.

Click here to read the documents released today.  

###