Donald Trump’s receipt of a target letter seems to indicate that the comprehensive investigation by the Justice Department into efforts to overturn the 2020 election is narrowing its focus onto him, following over a year of questioning top aides to the ex-president and state officials countrywide.
The federal prosecutors have employed an extensive strategy, questioning witnesses about a disorderly White House meeting that deliberated on commandeering voting machines and about the involvement of lawyers in attempts to stall the transfer of power, as per individuals familiar with the investigation. Discussions have been held with witnesses regarding strategies by Trump’s associates to conscript fraudulent Republican electors in states won by Democrat Joe Biden, and they’ve spoken to state election officials who endured pressure over the election results leading up to the Jan. 6 riot at the U.S. Capitol.
The duration of special counsel Jack Smith’s investigation remains uncertain. Still, its significance became apparent when Trump revealed that the Justice Department had advised him through a letter that he was a target of the investigation. Such letters are often a precursor to criminal charges; Trump received one ahead of his indictment on charges of unlawfully stockpiling classified documents at his Mar-a-Lago estate in Florida last month.
Although the timing of potential charges is unknown, the breadth of the inquiry starkly contrasts Smith’s much narrower classified documents investigation. The wide variety of witnesses recalls the tumultuous two-month period following Trump’s election defeat and the Capitol insurrection, during which some lawyers and advisors supported his fruitless attempts to remain in power. In contrast, many others pleaded with him to move on or found themselves persistently pressured to aid in altering results.
Smith’s spokesperson declined to comment about the target letter or the interviews conducted by prosecutors.
Before Smith took over the election interference investigation last November, Justice Department investigators had already questioned several Trump administration officials, including the chief of staff to ex-Vice President Mike Pence and former top White House lawyers. They had also examined post-election fundraising and confiscated cell phones of numerous lawyers and officials as potential evidence.
Since then, Smith’s team has subpoenaed senior administration officials, including Pence himself, before a Washington grand jury and conducted voluntary interviews with diverse witnesses within and outside the federal government. These include election officials in states where Trump associates lodged unsuccessful challenges to overturn the results favouring the incumbent Republican.
Georgia Secretary of State Brad Raffensperger, who was personally appealed to by Trump to “find 11,780 votes” to surpass Biden, has been interviewed by Smith’s team, as have Michigan Secretary of State Jocelyn Benson and New Mexico Secretary of State Maggie Toulouse Oliver, as per their representatives.
Wisconsin’s chief elections officer and election leaders in Milwaukee and Madison have interacted with federal investigators. Also, former Arizona Republican Gov. Doug Ducey, who ignored a call from the Trump White House while publicly validating Biden’s slim victory in the state, has been approached by Smith’s team, a spokesperson said Tuesday.
Smith’s team has shown interest in the case of Ruby Freeman, a Georgia election worker who, with her daughter, recounted to the House of Representatives Jan. 6 committee how their lives were disrupted when Trump and allies used surveillance footage to falsely allege voter fraud, according to one person familiar with Smith’s investigation.
Raffensperger’s office has been subpoenaed by Smith’s team for any “security video or security footage, or any other video of any kind” from State Farm Arena in Atlanta on Nov. 3, 2020, as per a document obtained by The Associated Press. Rudy Giuliani and other Trump allies have falsely claimed this video shows Fulton County election workers, including Freeman, extracting “suitcases of ballots” from beneath a table. Georgia officials have repeatedly debunked these allegations.
Investigators consistently show interest in the role of lawyers aligned with Trump in aiding his attempts to maintain power, according to individuals familiar with the investigation who requested anonymity to discuss an ongoing criminal inquiry.
Conservative law professor John Eastman proposed a dubious legal theory that Pence could stop the certification of state electoral votes to prevent Biden’s win. Another attorney, Sidney Powell, propagated unfounded allegations of voter fraud and promoted the idea — vehemently rejected by Trump’s White House lawyers — that Trump had the authority under a prior executive order to seize state voting machines.
Charles Burnham, an attorney for Eastman, stated that his client hadn’t received a target letter. He added, “We don’t expect one since raising concerns about illegality in the conduct of an election is not now and has never been sanctionable.” Powell’s attorney declined to comment.
Several witnesses have been questioned about a heated Dec. 18, 2020, meeting at the White House, where outside advisors, including Powell, introduced the voting machines idea, as per individuals familiar with the matter. This meeting, which devolved into a heated argument, was highlighted in the House Jan. 6 investigation, with ex-White House official Cassidy Hutchinson memorably describing it as “unhinged.”
Trump’s lawyer Giuliani, who was part of that meeting and led legal challenges to the election results, shared details about that meeting during a voluntary interview with Smith’s team and also discussed Powell’s role in the failed attempts to overturn the election, according to someone familiar with his account. Giuliani hasn’t received a target letter.
Giuliani’s interview was conducted under what’s known as a proffer agreement, where a person voluntarily speaks with investigators. At the same time, prosecutors promise not to use those statements in any potential criminal case they might bring. Prosecutors are attempting to negotiate similar agreements with other witnesses.
Prosecutors have concentrated on creating false elector slates from key states won by Biden, who Trump and his allies conscripted to sign fraudulent certificates stating that Trump had won, as they delve into efforts by Trump allies to undermine Biden’s victory.
Smith’s team has also looked into Trump’s efforts to penalize officials from his administration who refuted his false election fraud allegations.
Chris Krebs, dismissed by Trump from his position as director of the Department of Homeland Security’s cybersecurity agency after affirming the integrity of the 2020 vote, was questioned by prosecutors a few months ago about the alleged retaliation, according to an individual familiar with the questioning.
As the investigation continues, more light will likely be shed on the extent of the efforts undertaken to overturn the 2020 election results. With the issuance of the target letter to Trump, it is becoming increasingly clear that the investigators are inching closer to the heart of these efforts. Regardless of the outcome, the investigation process promises to reinforce the importance of preserving the sanctity and integrity of the election process in the United States.
