Date: 08-14-2023

Case Style:

State of Georgi v. Donald Trump, et al.

Case Number: 23SC188947

Judge:

Court: Superior Court, Fulton County, Georgia

Plaintiff's Attorney: Fani Willis

Defendant's Attorney:

Description: Atlanta, Georgia criminal defense lawyers are representing Defendants on multiple criminal counts.

INTRODUCTION Defendant Donald JohnTrump lostthe United States presidential election held on November 3, 2020. One ofthe states he lost was Georgia. Trump andthe otherDefendants charged in this Indictment refused to accept thatTrump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome ofthe election in favor ofTrump. That conspiracy contained a commonplan and purpose to commit two ormore acts ofracketeering activity inFulton County, Georgia, elsewhere inthe State ofGeorgia, and in other states. 14

THE ENTERPRISE Atall timesrelevantto this Count ofthe Indictment, the Defendants, as well as others not namedas defendants, unlawfully conspired and endeavoredto conduct andparticipate in a criminal enterprise inFulton County, Georgia, and elsewhere. Defendants Donald JohnTrump, RudolphWilliam Louis Giuliani, John Charles Eastman, MarkRandall Meadows, Kenneth John Chesebro, Jeffrey Bossert Clark, JennaLynn Ellis, Ray Stallings SmithIII, RobertDavid Cheeley, MichaelA. Roman, DavidJames Shafer, ShawnMicahTresher Still, Stephen Cliffgard Lee, HarrisonWilliamPrescottFloyd, Trevian C. Kutti, Sidney Katherine Powell, Cathleen AlstonLatham, Scott Graham Hall, Misty Hampton, unindicted co-conspirators Individual l throughIndividual 30, and others known andunknownto the Grand Jury, constituted a criminal organizationwhose members and associates engaged invarious related criminal activities including, butnot limitedto, false statements and writings, impersonating apublic officer, forgery, filing false documents, influencing witnesses, computertheft, computertrespass, computer invasion ofprivacy, conspiracyto defraudthe state, acts involving theft, andperjury. This criminal organization constituted an enterprise as thatterm is defined in O.C.G.A. § l6-14-3(3), thatis, a group ofindividuals associated in fact. The Defendants and othermembers and associates ofthe enterprise had connections and relationships with one another andwiththe enterprise.'The enterprise constituted an ongoing organizationwhosemembers and associates functioned as a continuing unit for a commonpurpose ofachievingthe objectives ofthe enterprise. The enterprise operated inFulton County, Georgia, elsewhere in the State ofGeorgia, in other states, including, butnot limitedto,Arizona, Michigan, Nevada,New Mexico, Pennsylvania, and Wisconsin, and inthe District ofColumbia. The enterprise operated for a period oftime sufficientto permit its members and associates to pursue its objectives. 15


MANNERAND METHODS OFTHE ENTERPRISE The manner and methods usedby the Defendants and other members and associates of the enterprise to furtherthe goals ofthe enterprise andto achieve its purposes included, but were not limited to, the following: 1. False Statements to and Solicitation ofState Legislatures Members ofthe enterprise, including several ofthe Defendants, appeared at hearings in Fulton County, Georgia, before members ofthe Georgia GeneralAssembly onDecember 3, 2020, December 10, 2020, and December 30, 2020. Atthese hearings, members ofthe enterprise made false statements concerning fraud intheNovember 3, 2020, presidential election. The purpose ofthese false statements was to persuade Georgia legislators to reject lawfill electoral votes cast by the duly elected and qualified presidential electors from Georgia. Members ofthe enterprise corruptly solicited Georgia legislators insteadto unlawfillly appointtheir own presidential electors forthe purpose ofcasting electoral votes forDonaldTrump. Members ofthe enterprise also made false statements to state legislators during hearings andmeetings in Arizona, Michigan, and Pennsylvania inNovember and December2020 to persuade legislators in those states to unlawfillly appointtheir ownpresidential electors. 2. False Statements to and Solicitation ofHigh—Ranking State Officials Members ofthe enterprise, including several ofthe Defendants, made false statements in Fulton County and elsewhere inthe State ofGeorgiato Georgia officials, including the Governor, the Secretary cfState, and the Speaker ofthe House ofRepresentatives. Members of the enterprise also corruptly solicited Georgia officials, including the Secretary ofState andthe Speaker ofthe House ofRepresentatives, to violate their oaths to the Georgia Constitution and to the United States Constitutionby unlawfully changing the outcome oftheNovember 3, 2020, 16


presidential election in Georgia in favor ofDonald Trump. Members ofthe enterprise also made false statements to and solicited state officials inArizona, Michigan, and Pennsylvania. 3. Creation and Distribution ofFalse Electoral College Documents Members ofthe enterprise, including several ofthe Defendants, created false Electoral College documents and recruited individuals to convene and cast false Electoral College votes at the Georgia State Capitol, in Fulton County, onDecember 14, 2020. Afterthe false Electoral College votes were cast, members ofthe enterprise transmitted the votes to the President ofthe United States Senate, theArchivist ofthe United States, the Georgia Secretary ofState, and the ChiefJudge ofthe United States District Court fortheNorthern District ofGeorgia. The false documents were intended to disrupt and delay thejoint session ofCongress on January 6, 2021, in orderto unlawfully change the outcome ofthe November 3, 2020, presidential election in favor ofDonald Trump. Similar schemes were executed by members ofthe enterprise inArizona, Michigan, Nevada, NewMexico, Pennsylvania, and Wisconsin. 4. Harassment and Intimidation ofFulton Countv Election WorkerRubv Freeman Members ofthe enterprise, including several ofthe Defendants, falsely accused Fulton County election worker Ruby Freeman ofcommitting election crimes in Fulton County, Georgia. These false accusations were repeated to Georgia legislators and other.Georgia officials in an effortto persuade themto unlawfully change the outcome oftheNovember 3, 2020, presidential election in favor ofDonald Trump. Infurtherance ofthis scheme, members ofthe enterprise traveled from out ofstate to harass Freeman, intimidate her, and solicit herto falsely confess to election crimes that she did not commit. l7


5. Solicitation ofHigh-Ranking United States Department ofJustice Officials Members ofthe enterprise, including several ofthe Defendants, corruptly solicited high- ranking United States Department ofJustice officials to make false statements to government officials in Fulton County, Georgia, including the Governor, the Speaker ofthe House of Representatives, and the President Pro Tempore ofthe Senate. In one instance, Donald Trump stated to theActing United StatesAttorney General, "Just say that the electionwas corrupt, and leave the restto me andthe Republicancongressmen." - 6. Solicitation oftheVice President ofthe United States Members ofthe enterprise, including several ofthe Defendants, corruptly solicited the Vice President ofthe United States to violate the United States Constitution and federal lawby unlawfiilly rejecting Electoral College votes cast in Fulton County, Georgia, by the duly elected and qualifiedpresidential electors fiom Georgia. Members ofthe enterprise also corruptly solicitedthe Vice Presidentto rejectvotes cast by the duly elected and qualifiedpresidential electors fiom several other states. 7._ Unlawful Breach ofElection Equipment in Georgia and Elsewhere Members ofthe enterprise, including several ofthe Defendants, corruptly conspired in Fulton County, Georgia, and elsewhere to unlawfillly access secure voting equipment and voter data. In Georgia, members ofthe enterprise stole data, including ballot images, voting equipment software, andpersonal voterinformation. The stolen datawas then distributed to othermembers ofthe enterprise, including members in other states. 18



8. ObstructiveActs in Furtherance ofthe Conspiracy and the Cover Up Members ofthe enterprise, including several ofthe Defendants, filed false documents, made false statements to government investigators, and committedperjury injudicial proceedings in Fulton County, Georgia, and elsewhere in furtherance ofandto coverup the conspiracy. l9


ACTS OF RACKETEERING ACTIVITYAND OVERTACTS IN FURTHERANCE OFTHE CONSPIRACY As part ofand on behalfofthe crimin'al enterprise detailed above, the Defendants and othermembers and associates ofthe enterprise committed overt acts to efiectthe objectives of the enterprise, including but not limitedto: Act 1. On or aboutthe 4th day ofNovember2020, DONALD JOHN TRUMP made a nationally televised speech falsely declaring victory inthe 2020 presidential election. Approximately four days earlier, on or about October 31, 2020, DONALD JOHN TRUMP discussed a draft speechwithunindicted co—conspiratorIndividual l, whose identity is knownto the Grand Jury, that falsely declared victory and falsely claimedvoterfraud. The speechwas an overt act in furtherance ofthe conspiracy. On or aboutthe 15th day ofNovember2020, RUDOLPH WILLIAM LOUIS GIULIANI placed a telephone callto unindicted co-conspirator Individual 2, whose identity is knownto the GrandJury, and left anapproximately 83-second-long voicemail message for unindicted co—conspiratorIndividual 2 making statements concerning fraud intheNovember 3, 2020, electionin Fulton County, Georgia. This telephone call was anovert act infurtherance of the conspiracy. On or aboutthe 19th day ofNovember2020, RUDOLPH WILLIAM LOUIS GIULIANI, JENNA LYNN ELLIS, SIDNEYKATHERINE POWELL, and unindicted co- conspiratorIndividual 3, whose identity is knownto the GrandJury, appeared at a press conference atthe RepublicanNational Committee Headquarters onbehalfofDONALD JOHN TRUMP and DonaldJ. Trump forPresident, Inc. (the "Trump Campaign") and made false statements concerning fraud intheNovember 3', 2020, presidential election in Georgia and elsewhere. These were overt acts in furtherance ofthe conspiracy. On or aboutthe 20th day ofNovember2020, DAVID JAMES SHAFER sent an e-mail to unindicted co-conspiratorIndividual 4, whose identity is knownto the Grand Jury, and other individuals. Inthe e—mail, DAVID JAMES SHAFER stated that SCOTT GRAHAM HALL, a Georgiabail bondsman, "has beenlooking into the electionon behalfofthe President atthe request ofDavid Bossie" and askedunindicted co-conspirator Individual 4 to exchange contact informationwith SCOTT GRAHAM HALL and to "help him as needed." This was an overt act in furtherance ofthe conspiracy. 20


Act 5. On or aboutthe 20th day ofNovember 2020, DONALD JOHN TRUNIP and MARK RANDALL MEADOWS met with Majority Leader ofthe Michigan Senate Michael Shirkey, Speaker ofthe Michigan House ofRepresentatives Lee Chatfield, and other Michiganlegislators in the Oval Office atthe White House, and DONALD JOHN TRUMP made false statements concerning fiaud in theNovember 3, 2020, presidential election inMichigan. RUDOLPH WILLIAM LOUIS GIULIANIjoinedthe meeting by telephone. This meeting was an overt act in furtherance ofthe conspiracy. Act 6. On or about the 21st day ofNovember 2020, MARKRANDALL MEADOWS sent a text message to United States Representative ScottPerry fromPennsylvania and stated, "Can you send me the number forthe speaker andthe leader ofPA Legislature. POTUS wants to chat withthem." This was an overt act in furtherance ofthe conspiracy. Act 7. On or about the 22nd day ofNovember 2020, DONALD JOHN TRUMP and RUDOLPHWILLIAM LOUIS GIULIANI placed atelephone call to Speaker ofthe Arizona House ofRepresentatives Russell "Rusty" Bowers. During the telephone call, RUDOLPH WILLIAM LOUIS GIULIANI made false statements concerning fraud intheNovember 3, 2020, presidential election in Arizona and solicited, requested, and importunedBowers t0 unlawfiJlly appointpresidential electors from Arizona. Bowers declined and latertestifiedto the United States House ofRepresentatives Select Committeeto Investigate the January 6th Attack onthe United States Capitol that he told DONALD JOHN TRUMP, "I would notbreak my oath." The false statements and solicitations were overt acts in furtherance ofthe conspiracy. Act 8. On or aboutthe 25th day ofNovember 2020, RUDOLPH WILLIAM LOUIS GIULIANI and JENNA LYNN ELLIS appeared, spoke, andpresented witnesses at a meeting ofPennsylvania legislators in Gettysburg, Pennsylvania. During the meeting, RUDOLPH WILLIAM LOUIS GIULIANI made false statements concerning fraud intheNovember 3, 2020, presidential election in Pennsylvaniaand solicited, requested, and importunedthe Pennsylvania legislators present atthe meeting to unlawfully appointpresidential electors from Pennsylvania. During the meeting, JENNA LYNN ELLIS solicited, requested, and importuned the Pennsylvanialegislators present atthe meeting to unlawfully appointpresidential electors from Pennsylvania. DONALD JOHN TRUMPjoinedthe meeting by telephone, made false statements concerning fiaud intheNovember 3, 2020, presidential election inPennsylvania, and solicited, requested, and importunedthe Pennsylvania legislators present atthe meeting to unlawfully appointpresidential electors fromPennsylvania. These were overt acts infurtherance ofthe conspiracy. 21


Act 9. On or aboutthe 25th day ofNovember2020, immediately afterthe meeting of Pennsylvanialegislators in Gettysburg, Pennsylvania, where RUDOLPH WILLIAM LOUIS GIULIANI andJENNA LYNN ELLIS appeared, spoke, andpresented witnesses, DONALD JOHN TRUMP invited a group ofthe Pennsylvania legislators and others to meetwithhim at the White House. Laterthat day, DONALD JOHN TRUMP, MARKRANDALL MEADOWS, RUDOLPHWILLIAM LOUIS GIULIANI, JENNA LYNN ELLIS and unindicted co-conspirators Individual 5 and Individual 6, whose identities are knownto the GrandJury, met withthe group ofPennsylvanialegislators atthe White House and discussed holding a special session ofthe Pennsylvania General Assembly. These were overt acts in flirtherance ofthe conspiracy. Act 10. On or aboutthe 26th day ofNovember2020, RUDOLPH WILLIAMLOUIS GIULIANI andJENNA LYNN ELLIS placed a telephone callto Speaker ofthe Pennsylvania House ofRepresentatives Bryan Cutler and left Cutler avoicemail message forthe purpose of soliciting, requesting, and importuning himto unlawfully appoint presidential electors from Pennsylvania. This was an overt act in furtherance ofthe conspiracy. Act 11. On or aboutthe 26th day ofNovember2020, RUDOLPHWILLIAMLOUIS GIULIANI placed atelephone call to President Pro Tempore ofthe Pennsylvania Senate Jacob "Jake" Corman forthe purpose ofsoliciting, requesting, and importuning Cormanto unlawfully appointpresidential electors fiom Pennsylvania. This was an overt act infurtherance ofthe conspiracy. ' ' Act 12. On or aboutthe 27th day ofNovember2020, RUDOLPHWILLIAM LOUIS GIULIANI and JENNA LYNN ELLIS placeda telephone call to Speaker ofthe Pennsylvania House ofRepresentatives Bryan Cutler and left Cutler avoicemail message forthe purpose of soliciting, requesting, and importuning himto unlawfully appointpresidential electors from Pennsylvania. This was an overt act in furtherance ofthe conspiracy. Act 12. On or aboutthe 27th day ofNovember2020, RUDOLPH WILLIAM LOUIS GIULIANI and JENNA LYNN ELLIS placed atelephone call to President Pro Tempore ofthe Pennsylvania Senate Jake Corman forthe purpose ofsoliciting, requesting, and importuning Cormanto unlawfiilly appoint presidential electors from Pennsylvania. This was an overt act in turtherance ofthe conspiracy. 22


Act l4. On or aboutthe 27th day ofNovember2020, DONALD JOHN TRUMP placed a telephone call to President Pro Tempore ofthe Pennsylvania Senate Jake Cormanforthe purpose ofsoliciting, requesting, and importuning Cormanto unlawfully appointpresidential electors from Pennsylvania. This was an overt actin furtherance ofthe conspiracy. Act 15. \ On or aboutthe 28th day ofNovember2020, RUDOLPHWILLIAMLOUIS GIULIANI placeda telephone callto Speaker ofthe PennsylvaniaHouse ofRepresentatives Bryan Cutler and left Cutlera voicemailmessage forthe purpose ofsoliciting, requesting, and importuning himto unlawfully appointpresidential electors fromPennsylvania. This was an overt act in furtherance ofthe conspiracy. Act 16. On or aboutthe 29th day ofNovember2020, RUDOLPH WILLIAM LOUIS GIULIANI placeda telephone call to Speaker ofthe PennsylvaniaHouse ofRepresentatives Bryan Cutler and left Cutler avoicemail message for the'purpose ofsoliciting, requesting, and importuning himto unlawfully appointpresidential electors from Pennsylvania. This was an overt act in furtherance ofthe conspiracy. Act 17. '1 On or aboutthe 30th day ofNovember2020, RUDOLPHWILLIAM LOUIS GIULIANI and JENNA LYNN ELLIS appeared, spoke, andpresented witnesses atameeting ofArizona legislators inPhoenix, Arizona. Unindicted co-conspirators Individual 5 and Individual 6, whose identities are knownto the Grand Jury, were also present. Duringthe meeting, RUDOLPHWILLIAM LOUIS GIULIANI made false statements concerning fraud intheNovember 3, 2020, presidential election in Arizona and solicited, requested, and importunedthe Arizonalegislators present atthe meeting to unlawfully appointpresidential electors fromArizona. During the meeting, JENNA LYNN ELLIS solicited, requested, and importunedthe Arizonalegislators present atthe meeting to unlawfully appointpresidential electors fromArizona. DONALD JOI-IN TRUMPjoinedthemeeting by telephone andmade false statements concerning fraud inthe November 3, 2020, presidential election inArizona. These were overtacts in furtherance ofthe conspiracy. Act 18. Onor aboutthe 30th day ofNovember2020, MICHAELA. ROMAN instructed unindicted co-conspirator Individual 7, whose identity is knownto the Grand Jury, to coordinate with individuals associated withthe Trump Campaignto contact state legislators in Georgia and elsewhere on'behalfofDONALD JOHN TRUMP andto encourage themto unlawfully appoint presidential electors from their respective states. This was an overt act in furtherance ofthe conspiracy. 23


Act 19. On orbetweenthe 1st day ofDecember2020 and the 31st day ofDecember2020, DONALD JOHNTRUMP and MARKRANDALLMEADOWS met withJohnMcEntee and requestedthat McEnteeprepare amemorandum outlining a strategy for disrupting and delaying thejoint session ofCongress onJanuary 6, 2021, the day prescribedby lawfor counting votes castby the duly elected and qualifiedpresidential electors from Georgiaandthe other states. The strategy included having Vice President Michael R. "Mike" Pence count only halfofthe electoral votes from certain states andthenreturnthe remaining electoral votes to state legislatures. The request was anovert act infurtherance ofthe conspiracy. Act 20. On or aboutthe 1st day ofDecember2020, RUDOLPH WILLIAM LOUIS GIULIANI and JENNA LYNN ELLIS metwith Speaker ofthe ArizonaHouse of Representatives Rusty Bowers, President ofthe Arizona Senate KarenFann, and otherArizona legislators in Phoenix, Arizona. Unindicted co-conspirator Individual 5, whose identity is known to the Grand Jury, was also present. During the meeting, RUDOLPH WILLIAM LOUIS GIULIANI made false statements concerning fraud intheNovember 3, 2020, presidential election in Arizona and solicited, requested, and importunedthe legislators presentto call a special sessionofthe Arizona State Legislature. These were overt acts infurtherance ofthe conspiracy. Act 21. Onor aboutthe 2nd day ofDecember2020, RUDOLPH WILLIAM LOUIS GIULIANI andJENNA LYNN ELLIS appeared, spoke, andpresentedwitnesses at ameeting ofthe MichiganHouse ofRepresentatives Oversight Committee. During the meeting, RUDOLPH WILLIAM LOUIS GIULIANI made false statements concerning fraud inthe November 3, 2020, presidential election inMichigan and solicited, requested, and importuned the Michiganlegislatorspresent atthe meeting to unlawfully appointpresidential electors from Michigan. Duringthe meeting, JENNA LYNN ELLIS solicited, requested, and importuned the Michiganlegislators present atthe meeting to unlawfully appointpresidential electors from Michigan. These were overt'acts in fiirtherance ofthe conspiracy. Act22 On or aboutthe 3rd day ofDecember2020, DONALD JOHNTRUMP caused to be tweeted fromthe Twitter account @RealDonaldTrump, "Georgiahearings now on @OANN. Amazing!" This was anovert act in furtherance ofthe conspiracy. 24



LAC—"i On or aboutthe 3rd day ofDecember2020, RUDOLPHWILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, JENNA LYNN ELLIS, and RAY STALLINGS SMITH III committedthe felony offense ofSOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, inViolation ofO.C.G.A. §§ 16-4—7 & 16-10-1, inFulton County, Georgia, by unlawfully soliciting, requesting, and importuning certainpublic officers then serving as elected members ofthe Georgia Senate and present at a Senate Judiciary Subcommittee meeting, including unindicted co-conspirator Individual 8, Whose identity is knownto the Grand Jury, Senators LeeAnderson, Brandon Beach, MattBrass, Greg Dolezal, Steve Gooch, TylerHarper, Bill Heath, Jen Jordan, JohnF. Kennedy, William Ligon, Elena Parent, Michael Rhett, Carden Summers, and Blake Tillery, to engage in conduct constituting the felony offense ofViolation ofOathby Public Officer, O.C.G.A. § 16—10-1, by unlawfully appointing presidential electors from Georgia, in willful and intentional Violation oftheterms of the oath ofsaidpersons as prescribed by law, with intentthat saidpersons engage in said conduct. This was anovert act in furtherance ofthe conspiracy. Act24. On or aboutthe 3rd day ofDecember2020, RUDOLPHWILLIAM LOUIS GIULIANI committed the felony offense ofFALSE STATEMENTSAND WRITINGS, in violation ofO.C.G.A. § 16-10-20, in-Fulton County, Georgia, by knowingly, willfully, and unlawfully making at least one ofthe following false statements and representations to members ofthe Georgia Senate present ata Senate Judiciary Subcommittee meeting: 1. That at least 96,600 mail—inballots were counted intheNovember 3, 2020, presidential election in Georgia, despite there being no record ofthose ballots having beenreturned to a county elections office; 2. That DominionVoting Systems equipmentused intheNovember 3, 2020, presidential election inAntrim County, Michigan, mistakenly recorded 6,000 votes for JosephR. Bidenwhenthe votes were actually cast for Donald JohnTrump; said statements being withinthejurisdiction ofthe Office ofthe Georgia Secretary ofState and the GeorgiaBureauofInvestigation, departments and agencies ofstate government, and county and city law enforcement agencies. This was an act ofracketeering activity under O.C.G.A. § 16- 14-3(5)(A)(xxii) and an overt act in furtherance ofthe conspiracy. 25



Act25. On or about the 3rd day ofDecember2020, RAY STALLINGS SMITH III committed the felony offense ofFALSE STATEMENTSAND WRITINGS, inviolation ofO.C.G.A. § 16-10-20, inFulton County, Georgia, by knowingly, willfully, andunlawfully making at least one ofthe following false statements and representations to members ofthe Georgia Senate present at a Senate Judiciary Subcommittee meeting: l. That2,506 felons voted illegally inthe November 3, 2020, presidential election in Georgia; 2. That 66,248 underagepeople illegally registeredto vote before their seventeenth birthday priorto the November 3, 2020, presidential election in Georgia; 3. That at least 2,423 people voted in theNovember 3, 2020, presidential election in Georgia who were not listed as registeredto vote; 4. That 1,043 people voted intheNovember 3, 2020, presidential election in Georgia who had illegally registeredto vote using a post office box; 5. That 10,315 or more deadpeople voted inthe November 3, 2020, presidential election in Georgia; 6. That Fulton County electionworkers at State FarmArena ordered poll watchers and members ofthe mediato leave the tabulation area onthe night ofNovember 3, 2020, and continuedto operate after ordering everyoneto leave; said statements being within thejurisdiction ofthe Office ofthe Georgia Secretary ofState and the GeorgiaBureau ofInvestigation, departments and agencies ofstate government, and county and city law enforcement agencies. This was an act ofracketeering activity under O.C.G.A. § l6- l4-3(5)(A)(xxii) and an overt act in furtherance ofthe conspiracy. Act26. On or about the 3rd day 0fDecember2020, DONALD JOHN TRUMP caused to be tweeted fromthe Twitter account @RealDonaldTrump, "Wow! Blockbuster testimony taking place right now in Georgia. Ballot stuffing by Dems when Republicans were forced to leave the large counting room. Plenty more coming, butthis alone leads to an easy win ofthe State!" This was an overt act in filrtherance ofthe conspiracy. Act27. On or about the 3rd day 0fDecember2020, DONALD JOHN TRUMP caused to be tweeted fromthe Twitter account @RealDonaldTrump, "People in Georgia got caught cold bringing in massive numbers ofballots and putting them in 'voting' machines. Greatjob @BrianKempGA!" This was an overt act in furtherance ofthe conspiracy. 26


Act28. On or aboutthe 3rd day ofDecember 2020, DONALD JOHN TRUMP met with Speaker ofthe Pennsylvania House ofRepresentatives Bryan Cutler in the Oval Office atthe White House and discussed holding a special session ofthe Pennsylvania General Assembly. This was an overt act in furtherance ofthe conspiracy. Act 29. On orbetweenthe 3rd day ofDecember2020 and the 26th day ofDecember2020, RUDOLPHWILLIAM LOUIS GIULIANI placed atelephone call to President Pro Tempore ofthe Georgia Senate Cecil Terrell "Butch" Miller for thepurpose ofmaking false statements concerning fraud in the November 3, 2020, presidential election in Georgia. This was an overt act in furtherance ofthe conspiracy. Act30. On orbetween the 3rd day ofDecember 2020 and the 26th day ofDecember 2020, DONALD JOHN TRUMPplaced a telephone call to PresidentPro Tempore ofthe Georgia Senate Butch Miller. This was an overtact in furtherance ofthe conspiracy. Act31. On or aboutthe 5th day ofDecember2020, DONALD JOHN TRUMP placed a telephone call to Georgia GovernorBrian Kemp and solicited, requested, and importuned Kemp to call a special session ofthe Georgia General Assembly. This was anovert act in furtherance of the conspiracy. Act 32. On or about the 6th day ofDecember2020, DONALD JOHN TRUMP caused to be tweeted fromthe Twitter account @RealDonaldTrump, "Gee, what a surprise. Has anyone informed the so-called (says he has no powerto do anything!) Governor @BrianKempGA& his puppet Lt. Governor @GeoffDuncanGA, thatthey could easily solve this mess, & WIN. Signature verification & call a Special Session. So easy!'https://t.co/5cb4QdepU." This was an overtact in furtherance ofthe conspiracy. Act 33. On or about the 6th day ofDecember 2020, SIDNEYKATHERINE POWELL entered into a written engagement agreement with SullivanStrickler LLC, a forensic data firm located in Fulton County, Georgia, for theperformance ofcomputer forensic collections and analytics on Dominion Voting Systems equipment in Michigan and elsewhere. The unlawful breach of election equipment in Coffee County, Georgia, was subsequently performed underthis agreement. This was an overt act in furtherance ofthe conspiracy. 27



Act34. Onor aboutthe 6th day 0fDecember2020, ROBERT DAVID CHEELEY sent an e- mail to JOHN CHARLES EASTMAN, unindicted co-conspiratorIndividual 8, whose identity is knownto the Grand Jury, and Georgia Senator Brandon Beachthat stated, "I am working on setting up a call for you withthe Speaker andthe President Pro Tempore tomorrow. I am also making the leadership aware ofthe importance forTrump electors to meet on December l4. Please provide the citationto the requirements ofthe duties whichthey must comply with." This was anovert actin furtherance ofthe conspiracy. Act 35. Onor about the 6th day ofDecember 2020, JOHN CHARLES EASTMAN sent an e— mailto ROBERT DAVID CHEELEY, unindicted co-conspiratorIndividual 8, whose identity is known to the Grand Jury, and Georgia Senator Brandon Beachthat stated thatthe Trump presidential electornominees in Georgianeededto meet on December l4, 2020, sign six sets of certificates ofvote, and mail them "to the President ofthe Senate and to other officials." This was anovert act in furtherance ofthe conspiracy. Act 36. On or aboutthe 6th day 0fDecember 2020, ROBERT DAVID CHEELEY sent an e- mail to unindicted co-conspirator Individual 2, whose identity is knownto the Grand Jury, that stated he had been speaking with JOHN CHARLES EASTMAN and was attempting to set up a call with Speaker ofthe Georgia House ofRepresentatives David Ralston and President Pro Tempore ofthe Georgia Senate Butch Millerto encourage themto call a special session ofthe Georgia GeneralAssembly. Inthe e—mail, ROBERT DAVID CHEELEY stated, "Professor Eastmantold me tonight that it is criticalthatthe 16 Electors for President Trump meetnext Monday and vote in accordance with 3 U.S.C. § 7." Inthe e-mail, ROBERT DAVID CHEELEY further stated, "I assume you can make sure this happens." This was an overt act in furtherance ofthe conspiracy. Act 37. Onor aboutthe 7th day ofDecember2020, unindicted co—conspirator Individual 2, Whose identity is knownto the Grand Jury, sent an e—mail to ROBERT DAVID CHEELEY and DAVID JAMES SHAFER that stated, "Bob, can u get on a call withDavid Shafer, state GOP chair and I laterthis morning to discuss. David has been on top ofa lot ofefi'orts in the state. I get offofa board call around 10:30." This was an overt act in furtherance ofthe conspiracy. 28


Act38. On or aboutthe 7th day ofDecember2020, RUDOLPH WILLIAM LOUIS GIULIANI caused to be tweeted fromthe Twitter account @RudyGiuliani a retweet of unindicted co-conspirator Individual 8, whose identity is knownto the Grand Jury, that stated, "GeorgiaPatriot Call toAction: today is the day we needyouto call your state Senate & House Reps & askthemt0 signthe petition for a special session. We must have free & fair elections in GA& a this is our only path to ensuring every legal vote is counted. @realDonaldTrump." This was an overt act in furtherance ofthe conspiracy. Act 39. On or aboutthe 7th day 0fDecember2020, JOHN CHARLES EASTMAN sent an e- mail to RUDOLPH WILLIAM LOUIS GIULIANI with an attached memorandum titled "The Real Deadline for Settling a State's Electoral Votes." The body ofthe e-mail stated, "Here's the memo we discussed." The memorandumwas writtenby KENNETHJOHN CHESEBRO to James R. Troupis, anattomey associated with the Trump Campaign, and advocates forthe positionthat Trump presidential electornominees in Wisconsin should meet and cast electoral votes for DONALD JOHN TRUMP on December 14, 2020, despite the factthat DONALD JOHN TRUMP lost theNovember 3, 2020, presidential election in Wisconsin. This e-mail was an overt act in furtherance ofthe conspiracy. Act 40. On or about the 7th day 0fDecember2020, DONALD JOHN TRUMP requested that Bill White, an individual associatedwiththe Trump Campaignthen residing in Fulton County, Georgia, provide him with certain information, including contact information forMajority Leader ofthe Georgia Senate Mike Dugan and President Pro Tempore ofthe Georgia Senate Butch Miller. The following day, White sent an e—mail containing the requested informationto RUDOLPH WILLIAM LOUIS GIULIANI, unindicted co-conspirator Individual 5, whose identity is known to the Grand Jury, and others. This request was an overt act in furtherance of the conspiracy. Act 41. On or aboutthe 7th day 0fDecember2020, RUDOLPH WILLIAM LOUIS GIULIANIplaced a telephone callto Speaker ofthe Georgia House ofRepresentatives David Ralston and discussedholding a special session ofthe Georgia General Assembly. This was an overt act in fithherance ofthe conspiracy. 29


Act 42. On or aboutthe 7th day ofDecember2020, DONALD JOHN TRUMP committedthe felony offense ofSOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, in ViolationofO.C.G.A. §§ 16-4-7 & 16-10-1, inFulton County, Georgia, by unlawfully soliciting, requesting, and importuning Speaker ofthe GeorgiaHouse ofRepresentatives David Ralston, a public officer, to engage in conduct constituting the felony offense ofViolationofOathby Public Officer, O.C.G.A. § 16—10-1, by calling a special session ofthe Georgia General Assembly forthe purpose ofunlawfully appointingpresidential electors from Georgia, inwillful and intentional Violation ofthe terms ofthe oath ofsaid person asprescribed by law, withintent that saidperson engage in said conduct. This was an overt act in furtherance ofthe conspiracy. Act 43. On or aboutthe 8th day ofDecember2020, DONALD JOHN TRUMP placed a telephone call to GeorgiaAttorney General Chris Carrforthe purpose ofmaking false statements concerning fraud intheNovember 3, 2020, presidential election in-Georgia and elsewhere. During the telephone call, DONALD JOHN TRUMP asked Carrnotto discourage other state attorneys general fiomjoining a federal lawsuit filed by the State ofTexas contesting the administration oftheNovember 3, 2020, presidential election in Georgia, Michigan, Pennsylvania, and Wisconsin. This was an overt actin furtherance ofthe conspiracy. Act 44. On or aboutthe 8th day ofDecember2020, DONALD JOHN TRUMP and JOHN CHARLES EASTMAN placed a telephone call to RepublicanNational Committee ChairwomanRonnaMcDaniel to requesther assistance gathering certainindividuals to meet and cast electoral votes for DONALD JOHN TRUMP on December 14, 2020, in certain states despite the factthat DONALD JOHN TRUMP'losttheNovember 3, 2020, presidential election inthose states. This was an overt act in furtherance ofthe conspiracy. Act 45. Onor aboutthe 8th day ofDecember2020, MICHAELA. ROMAN sent atext message to unindicted co-conspirator 1ndividual 4, whose identity is knownto the Grand Jury, stated thathe had spokento MISTYHAMPTON, and asked unindicted co-conspirator Individual 4 to "get" MISTYHAMPTON to attend the hearing before the Georgia House of Representatives GovernmentalAffairs Committee on December 10, 2020. This was an overt act in furtherance ofthe conspiracy. 30



Act 46. On or aboutthe 9th day ofDecember2020, KENNETH JOHN CHESEBRO wrote a memorandum titled "Statutory Requirements forDecember 14 Electoral Votes" to James R. Troupis, an attorney associatedwiththe Trump Campaign. The memorandumprovides detailed, state-specific instructions for how Trurnp presidential electornominees in Georgia, Arizona, Michigan,Nevada, Pennsylvania, and Wisconsin wouldmeet and cast electoralvotes for DONALD JOHN TRUMP onDecember l4, 2020, despite the factthat DONALD JOHN TRUMP lost theNovember 3, 2020, presidential election inthose states. This was an overt act in flirtherance ofthe conspiracy. Act 47. On or about the 10th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail to GeorgiaRepublican Party Chairman DAVID JAMES SHAFER and unindicted co- conspirator Individual 9, whose identity is knownto the Grand Jury. KENNETHJOHN CHESEBRO stated inthe e-mail thatcertain individuals associatedwiththe Trump Campaign askedhim "to help coordinate withthe other 5 contested States, to help With logistics ofthe electors in other States hopefullyjoining in casting theirvotes on Monday." This was an overt act in furtherance ofthe conspiracy. Act 48. On or aboutthe 10th day ofDecember2020, KENNETHJOHN CHESEBRO sent an e-mail withattached documents to DAVID JAMES SHAFER and unindicted co-conspirators Individual 9, Individual 10, andIndividual 11, whose identities are knownto the Grand Jury. The documents were to be used by Trump presidential electornominees in Georgia forthe purpose of casting electoral votes for DONALD JOHN TRUW onDecember 14, 2020, despite the fact that DONALD JOHN TRUMP lost theNovember 3, 2020, presidential election in Georgia. This was an overt act in furtherance ofthe conspiracy. Act 49. On or aboutthe 10th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e—mail with attached documents to ArizonaRepublican Party Executive Director Greg Safsten and others. The documents were'to be usedby Trump presidential electornominees inArizona forthepurpose ofcasting electoralvotes for DONALD JOHN TRUMP onDecember 14, 2020, despite the factthat DONALD JOHN TRUMP lost theNovember 3, 2020, presidential election inArizona. This was an over't act inflirtherance ofthe conspiracy. 3l


Act 50. On or aboutthe 10th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail to RepublicanParty ofWisconsin Chairman Brian Schimming withproposed language fordocumentsto be usedby TruInp presidential elector nominees in Wisconsinforthe purpose ofcasting electoral votes for DONALD JOHN TRUMP on December 14, 2020, despite the fact 'that DONALD JOHN TRUMP lost theNovember3, 2020, presidential election in Wisconsin. This was an overt act in furtherance ofthe conspiracy. Act—51- . On or aboutthe 10th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail to NevadaRepublican Party Vice ChairmanJirn DeGraffenreid. KENNETH JOHN CHESEBRO stated inthe e-mail that RUDOLPHWILLIAM LOUIS GIULIANI and other individuals associated With the Trump Campaign asked him "to reach outto you andthe other Nevada electors to runpoint ontheplanto have all Trump-Pence electors inall six contested States meet and transmittheir votes to Congress onMonday, Dec. 14." This was an overt act in furtherance ofthe conspiracy. I Act 52 On or aboutthe 10th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e—mail with attached documents to Jim DeGraffenreid. The documents were to be usedby Trump presidential electornominees inNevadaforthe purpose ofcasting electoral votes for DONALD JOHN TRUMP on December 14, 2020, despite the fact that DONALD JOHN TRUMP lost the November 3, 2020, presidential election inNevada. This was an overt actin furtherance of the conspiracy. Act 52 On or about the 10th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail with attached documents to RepublicanParty ofPennsylvania General Counsel Thomas W. King III. The documents were to be usedby Trump presidential elector nominees in Pennsylvaniaforthepurpose ofcasting electoral votes for DONALD JOHN TRUMP on December 14, 2020, despite the factthat DONALD JOHN TRUMP lost theNovember 3, 2020, presidential election in Pennsylvania. This was an overt act in furtherance ofthe conspiracy. Act 54. Onorbetweenthe 10th day ofDecember2020 and the 14th day ofDecember2020, DAVID JAMES SHAFER contacted unindicted co—conspirator Individual 2, whose identity is known to the Grand Jury, by telephone and discussedunindicted co-conspirator Individual 2's attendance atthe December 14, 2020, meeting ofTrumppresidential electornominees in Fulton County, Georgia. This was an overt act infurtherance ofthe conspiracy. 32


Act 55. On or aboutthe 10th day ofDecember2020, RUDOLPH WILLIAMLOUIS GIULIANI and RAYSTALLINGS SMITH III committedthe felony offense of SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, inViolation of O.C.G.A. §§ 16-4-7 & 16-10-1, inFulton County, Georgia, by unlawfully soliciting, requesting, and importuning certainpublic officers then serving as elected members ofthe GeorgiaHouse of Representatives andpresent at aHouse Governmental Affairs Committee meeting, including Representatives ShawBlackmon, JonBurns, Barry Fleming, Todd Jones, BeeNguyen, Mary Margaret Oliver, AlanPowell, Renitta Shannon, Robert Trammell, ScotTurner, and Bruce Williamson, to engage in conduct constitutingthe felony offense ofViolation ofOath by Public Officer, O.C.G.A. § 16-10-1, by unlawfully appointing presidential electors from Georgia, in willful and intentional violation oftheterms ofthe oath ofsaidpersons as prescribed by law, with intentthat saidpersons engage in said conduct. This was an overt act infurtherance ofthe conspiracy. 33


Act 56. On or aboutthe 10th day ofDecember2020, RUDOLPH WILLIAM LOUIS GIULIANI committedthe felony offense ofFALSE STATEMENTS AND WRITINGS, in Violation ofO.C.G.A. § 16-10-20, inFulton County, Georgia, by knowingly, willfully, and unlawfully making at least one ofthe following false statements andrepresentations to members ofthe Georgia House 0fRepresentatives present at a House Governmental Affairs Committee meeting: 1. That it is quite clearfromthe State Farm ArenaVideo fromNovember 3, 2020, that Fulton County electionworkers were stealing votes andthat Georgia officials were covering up a crime inplain sight; That at State FarmArena onNovember 3, 2020, Democratic officials "gotrid ofall ofthe reporters, all the observers, anyone that couldn'tbe trusted," usedthe excuse ofa watermainbreak, cleared outthe voting area and then "went about their dirty, crooked business"; 2 Thatbetween 12,000 and 24,000 ballots were illegally counted by Fulton County election workers at State Farm ArenaonNovember 3, 2020; 3 That inMichigan, there were 700,000 more ballots countedthanwere sent outto voters intheNovember 3, 2020, presidential election, which was accounted forby quadruple counting ballots; 4A That Ruby Freeman, Shaye Moss, and anunidentified manwere "quite obviously surreptitiouslypassing around USB ports as ifthey're vials ofheroin or cocaine" at State Farm Arenato be usedto "infiltrate the crooked Dominionvoting machines"; 5 That 96,600 mail-inballots were counted inthe November 3, 2020, presidential election in Georgia, despite there being no record ofthose ballots having beenreturnedto a county elections office; 6 said statements being Within thejurisdiction ofthe Office ofthe Georgia Secretary ofState and the GeorgiaBureau ofInvestigation, departments and agencies ofstate government, and county and city law enforcement agencies. This was anact ofracketeering activity under O.C.G.A. § 16- 14-3(5)(A)(xxii) and an overt act in furtherance ofthe conspiracy. 34


Act 57. Onoraboutthe, 11th day ofDecember2020, DAVID JAMES SHAFERreservedRoom 216 atthe Georgia State Capitol in Fulton County, Georgia, forthe December 14, 2020, meeting ofTrump presidential elector nominees in Fulton County, Georgia. This was an overt act in furtherance ofthe conspiracy. Act 58. On or aboutthe 11th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail to Jim DeGraffenreid and statedthat "the purpose ofhaving the electoral votes sent into Congress is to provide the opportunity to debate the election irregularities in Congress, and to keep alive the possibility thatthe votes couldbe flipped to Trump." This was an overt act in filrtherance ofthe conspiracy. Act 59. ' On or aboutthe 11th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail with attached documents to Greg Safsten and others. The documents wereto be used by Trump presidential elector nominees inArizona forthe purpose ofcasting electoral votes for DONALD JOHN TRUMP onDecember 14, 2020, despite the factthat DONALD JOHN TRUMP losttheNovember 3, 2020, presidential election in Arizona. This was an overt act in furtherance ofthe conspiracy. Act 60. On or aboutthe 11th day ofDecember2020, KENNETHJOHN CHESEBRO sent an e-mail with attached documents to MICHAEL A. ROMAN and other individuals associated withthe Trump Campaign. The documents were to be used by Trump presidential elector nominees inNevada forthe purpose ofcasting electoral votes for DONALD JOHN TRUMP on December 14, 2020, despite the factthat DONALD JOHN TRUMP losttheNovember 3, 2020, presidential electioninNevada. This was an overt act in furtherance ofthe conspiracy. Act 61. On or aboutthe 11th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail with attached documents to MICHAEL A. ROMAN, unindicted co-conspirator Individual 5, whose identity is knownto the Grand Jury, and others. The documents were to be used by Trump presidential electornominees in Georgia forthepurpose ofcasting electoral votes for DONALD JOHN TRUMP on December 14, 2020, despite the factthat DONALD JOHN TRUMP losttheNovember 3, 2020, presidential election in Georgia. This was an overt act in furtherance ofthe conspiracy. 35


Act 62. Onor about the 12th day ofDecember2020, DAVID JAMES SHAFER contacted unindicted co-conspirator Individual 12, whose identity is knownt0 the Grand Jury, and discussed unindicted co-conspirator Individual 12's attendance atthe December 14, 2020, meeting ofTrump presidential electornominees in Fulton County, Georgia. This was an overt act in furtherance ofthe conspiracy. Act 63. On or aboutthe 12th day ofDecember2020, MICHAELA. ROMAN sent an e-mail to unindicted co-conspirators Individual 4 and Individual 7, whose identities are knownto the GrandJury, and other individuals associated withthe Trump Campaign. Inthe e-mail, MICHAELA. ROMAN stated, "I need atracker forthe electors," and instructed individuals associated withthe Trump Campaignto populate entries on a shared spreadsheet listing Trump presidential elector nominees in Georgia, Arizona, Michigan, Nevada, Pennsylvania, and Wisconsin. The entries onthe spreadsheet included contact information forthe Trump presidential electornominees, whetherthe Trump presidential electornominees had been contacted, and whetherthe Trump presidential elector nominees had confirmedthatthey would attendthe December l4, 2020, meetings ofTrump presidential electornominees intheir respective states, despite the factthat DONALD JOHN TRUMP losttheNovember 3, 2020, presidential election inthose states. This was an overt act in furtherance ofthe conspiracy. Act 64. Onor about the 12th day ofDecember2020, KENNETH JOHN CHESEBRO met withBrian Schimming and discussedthe December l4, 2020, meeting ofTrump presidential electornominees in Wisconsin. RUDOLPH WILLIAM LOUIS GIULIANIjoinedthe meeting by telephone and stated thatthe media should not be notified ofthe December 14, 2020, meeting ofTrump presidential elector nominees in Wisconsin. These were overtacts in furtherance ofthe conspiracy. AL65- Onorabout the 12th day ofDecember2020, MICHAELA. ROMAN instructed an individual associated withthe Trump Campaignto distribute certain information related to the December 14, 2020, meetings ofTrump presidential elector nominees in Georgia,Arizona, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsinto unindicted co-conspirator Individual 4, whose identity is knownto the Grand Jury, and to other individuals associated with the Trump Campaign. This was anovert act in furtherance ofthe conspiracy. 36


AL"- On or aboutthe 12th day ofDecember2020, unindicted co-conspirator Individual 4, Whose identity is knownto the GrandJury, sent an e-mail to MICHAELA. ROMAN and DAVID JAMES SHAFERwithupdates onthe progress oforganizingthe December 14, 2020, meeting ofTrump presidential electornominees in FultonCounty, Georgia. The e-mail stated which electornominees had confirmedthey would attendthe meeting, that otherindividuals had been secured in case some ofthe elector nominees refusedto participate inthemeeting, that Georgialegislators hadbeen contactedto ensure access to the Georgia Capitol, andthat DAVID JAMES SHAFERhadreserved Room 216 forthe meeting. This was anovertact in furtherance ofthe conspiracy. Act 67. On or aboutthe 12th day ofDecember2020, DAVID JAMES SHAFER sent an e-mail to unindicted co-conspiratorIndividual 4, whose identity is knownto the GrandJury, advising themto "touchbase" with each ofthe Trump presidential electornominees in Georgiain advance ofthe December 14, 2020, meetingto confirmtheir attendance. This was an overt act in furtherance ofthe conspiracy. Act 68. Onoraboutthe 12th day ofDecember2020, unindicted co-conspirator Individual 4, whose identity is knownto the Grand Jury, sent atextmessage with contactlinformation for unindicted co—conspiratorIndividual 8, whose identity is knownto the Grand Jury, and Georgia Senator BrandonBeachto MICHAELA. ROMAN forthepurpose ofprovidingthe contact informationto RUDOLPH WILLIAM LOUIS GIULIANI. This was anovert act in furtherance ofthe conspiracy. Act 69. On or aboutthe 13th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail with attached documents to MICHAEL A. ROMAN. The documents were to be usedby Trump presidential electornominees inNewMexico forthepurpose ofcasting electoral votes for'DONALD JOHN TRUMP on December 14, 2020, despite the factthat DONALD JOHN TRUMP losttheNovember 3, 2020, presidential election inNewMexico. This was an overt act infurtherance ofthe conspiracy. 37


Act 70. On or aboutthe 13th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mail to RUDOLPH WILLIAM LOUIS GIULIANI withthe subject"PRIVILEGEDAND CONFIDENTIAL— Briefnotes on 'President ofthe Senate' strategy." Inthe e—mail, KENNETH JOHN CHESEBRO outlined multiple strategies for disrupting and delaying thejoint session of Congress on January 6, 2021, the day prescribed by lawfor counting votes castby the duly elected and qualifiedpresidential electors from Georgiaandthe other states. Inthe e-mail, KENNETH JOHN CHESEBRO statedthatthe strategies outlinedby him were "preferable to allowing the Electoral CountActto operate by its terms."This was an overt actin furtherance of the conspiracy. AL71- On or aboutthe 13th day ofDecember 2020, KENNETH JOHN CHESEBRO sent an e—mail with attached documents to MICHAEL A. ROMAN andunindicted co-conspirator Individual 4, whose identity is knownto the Grand Jury. The documents wereto be used by Trump presidential electornominees in Georgia forthepurpose ofcasting electoralvotes for DONALD JOHN TRUMP on December l4, 2020, despite the factthat DONALD JOHN TRUMP losttheNovember 3, 2020, presidential election in Georgia. This was an overt actin filrtherance ofthe conspiracy. Act 72. On or aboutthe 13th day ofDecember2020, KENNETH JOHN CHESEBRO sent an e-mailto MICHAEL A. ROMAN and unindicted co-conspirator Individual 4, whose identity is knownto the Grand Jury, and statedthat RUDOLPHWILLIAM LOUIS GIULIANI "wants to keepthis quietuntil after all the voting is done," in reference to the December 14, 2020, meeting ofTrump presidential elector nominees in Fulton County, Georgia. This was an overt act in furtherance ofthe conspiracy. Act 73. Onor aboutthe 13th day ofDecember2020, DAVID JAMES SHAFER sent atext messageto unindicted co-conspirator Individual 4, whose identity is knownto the Grand Jury, and stated thatunindicted co-conspirator Individual 8, whose identity is knownto the Grand Jury, would attendthe December 14, 2020, meeting ofTrump presidential elector nominees in Fulton County, Georgia, inthe place ofa Trump presidential electornominee who refusedto participate inthe meeting. This was an overtactin furtherance ofthe conspiracy. 38


Act 74. On or about the 13th day ofDecember2020, unindicted co-conspirator Individual 9, whose identity is knownto the Grand Jury, sent a textmessage to DAVID JAMES SHAFER and confirmedthat he and unindicted co-conspiratorIndividual 13, whose identity is knownto the Grand Jury, would attend the December 14, 2020, meeting ofTrump presidential elector nominees in Fulton County, Georgia. This was an overt act in furtherance ofthe conspiracy. Act 75. On or about the 14th day 0fDecember2020, DONALD JOHN TRUMP causedto be tweeted from the Twitter account @RealDonaldTrump, "What a fool Governor @BrianKempGA ofGeorgia is. Could have been so easy, but nowwe have to do itthe hard way. Demandthis clown call a Special Session and open up signature verification, NOW. Otherwise, could be a bad day fortwo GREAT Senators onJanuary 5th." This was an overt act in furtherance ofthe conspiracy. Act 76. On 0r aboutthe 14th day ofDecember2020, DAVID JAMES SHAFER sent a text message to unindicted co—conspirator Individual 4, whose identity is knownto the Grand Jury that stated, "Listen. Tell them to go straight to Room 216 to avoid drawing attentionto whatwe are doing," inreference to the December 14, 2020, meeting ofTrump presidential elector nominees in Fulton County, Georgia. This was an overt act in furtherance ofthe conspiracy. Act 77. On or about the 14th day 0fDecember2020, MICHAELA. ROMAN sent an e-mail to unindicted co—conspirators Individual 4 and Individual 7, whose identities are knownto the GrandJury, and stated, "Please send me an update as soon as the State Electoral College has adjourned and all paperwork is secured." This was an overt act in furtherance ofthe conspiracy. Act 78. On 0r about the 14th day 0fDecember2020, RAY STALLINGS SMITH III and DAVID JAMES SHAFER encouraged certain individuals present atthe December 14, 2020, meeting ofTrump presidential elector nominees in Fulton County, Georgia, to signthe document titled "CERTIFICATE OF THEVOTES OF THE 2020 ELECTORS FROM GEORGIA." This was an overt act in furtherance ofthe conspiracy. 39

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SeeL https://www.axios.com/2023/08/15/trump-indictment-document-georgia-fulton-county-read-pdf

Outcome: Pending

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