Deputy White House counsel told Trump ‘there is no world ... in which you do not leave the White House’
Weeks before the Jan. 6 riot, the deputy White House counsel told Trump flatly he would be leaving the White House on Jan. 20, according to today's indictment.
“There is no world, there is no option in which you do not leave the White House [o]n January 20th,” the deputy counsel told Trump in December, the indictment said.
The quote is in a section where the deputy White House counsel told a person, identified only as “Co-Conspirator 4,” to not take any offer of becoming acting attorney general, and that there had been no fraud that affected the outcome of the election, according to the indictment.
NBC News has reported that co-conspirator No. 4 appears to be Jeffrey Clark, who served as a U.S. assistant attorney general for the civil division between Sept. 5, 2020, and Jan. 14, 2021.
Sidney Powell appears to be co-conspirator No. 3
Sidney Powell, a former federal prosecutor who served on Trump's legal team, appears to be co-conspirator 3 in the Trump indictment.
For example, the indictment notes that co-conspirator 3 sued the governor of Georgia on Nov. 25, 2020, "alleging 'massive election fraud' accomplished through the voting machine company’s election software and hardware." That suit, the indictment says, was filed even though Trump "had discussed Co- Conspirator 3’s far-fetched public claims regarding the voting machine company in private with advisors, the Defendant had conceded that they were unsupported and that Co-Conspirator 3 sounded 'crazy.'"
Powell’s lawsuit and its subsequent dismissal were publicly reported on at the time, and Trump’s statement that Powell sounded “crazy” was part of the January 6 committee’s final report, which included this language: “During the call, Powell repeated the same claims of foreign interference in the election she had made at the press conference. While she was speaking, the President muted his speakerphone and laughed at Powell, telling the others in the room, 'This does sound crazy, doesn’t it?'"
NBC News has reached out to Powell's attorney for comment.
Co-conspirator No. 4 appears to be Jeffrey Clark
The person identified in the indictment as co-conspirator No. 4 appears to be Jeffrey Clark, who served as a U.S. assistant attorney general for the civil division between Sept. 5, 2020, and Jan. 14, 2021.
The indictment referred to the person as a Justice Department official who met with Trump at the White House on Dec. 22, 2020.
"Co-Conspirator 4 had not informed his leadership at the Justice Department of the meeting, which was a violation of the Justice Department’s written policy restricting contacts with the White House to guard against improper political influence," prosecutors wrote.
The indictment continued, "On December 26, Co-Conspirator 4 spoke on the phone with the Acting Attorney General and lied about the circumstances of his meeting with the Defendant at the White House, falsely claiming that the meeting had been unplanned. The Acting Attorney General directed Co- Conspirator 4 not to have unauthorized contacts with the White House again, and Co-Conspirator 4 said he would not."
The Jan. 6 committee’s final report cited Clark’s Dec. 22 meeting with Trump and noted that it was strictly against DOJ policy as well. The committee stated that then-acting Attorney General Jeffrey Rosen spoke to Clark by phone on Dec. 26.
"[Clark’s] meeting with President Trump and Representative [Scott] Perry on December 22nd was a clear violation of Department policy, which limits interactions between the White House and the Department’s staff," the committee's report said.
NBC News has reached out to Clark for comment.
Pence: 'Anyone who puts himself over the Constitution should never be president'
Former Vice President Mike Pence, who is running for the Republican presidential nomination in 2024, suggested that Trump's indictment signaled the former president had put his own ambitions ahead of the Constitution.
“Today’s indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States," Pence said in a statement. “On January 6th, Former President Trump demanded that I choose between him and the Constitution. I chose the Constitution and I always will."
Trump repeatedly pressed Pence to overturn his 2020 election loss as he presided over the proceedings on Jan. 6 certifying President Joe Biden's victory.
"The former president is entitled to the presumption of innocence but with this indictment, his candidacy means more talk about January 6th and more distractions," Pence said in today's statement.
“I will have more to say about the government’s case after reviewing the indictment," he said.
McCarthy, Republicans react with attacks on Hunter Biden
Reacting to the Trump indictment, Speaker Kevin McCarthy and members of his GOP leadership team, perhaps predictably, took aim at President Joe Biden and his son, Hunter Biden.
McCarthy accused the Justice Department of aggressively prosecuting President Biden’s expected chief political rival, Trump, while going easy on prosecuting Biden's son.
"Biden’s DOJ tried to secretly give Hunter broad immunity and admitted the sweetheart deal was unprecedented And just yesterday a new poll showed President Trump is without a doubt Biden’s leading political opponent,” McCarthy tweeted. “Everyone in America could see what was going to come next: DOJ’s attempt to distract from the news and attack the frontrunner for the Republican nomination, President Trump."
“House Republicans will continue to uncover the truth about Biden Inc. and the two-tiered system of justice,” he added.
Another top Trump ally on the Hill, House GOP Conference Chair Elise Stefanik, R-N.Y., echoed McCarthy in accusing the DOJ of trying to distract from testimony just a day earlier from one of Hunter Biden’s business associates, Devon Archer.
“Less than 24 hours ago, Congress heard testimony from Hunter Biden’s longtime business partner that Joe Biden joined Hunter’s business calls over 20 times. This directly contradicts Biden’s lie that he never discussed business with his son,” Stefanik said, calling today's indictment against Trump a "sham" to "distract" from "one of the greatest political corruption scandals in history.”
Judge assigned to Trump case ruled against him in 2021
Judge Tanya S. Chutkan, who has been assigned the Trump indictment case, previously ruled that the Trump administration had to turn over documents related to Jan. 6 in a November 2021 case.
The House Jan. 6 committee had subpoenaed the Trump administration for documents related to the attack on the Capitol. Trump tried to assert executive privilege, but Chutkan ruled against him twice.
Rudy Giuliani appears to be co-conspirator 1
Rudy Giuliani, Trump's former personal attorney, appears to be co-conspirator 1, based on previous testimony and other records.
For example, the indictment alleges that in December 2021, then-Arizona House Speaker Rusty Bowers asked co-conspirator 1 to furnish evidence of "outcome-determinative" election fraud, for which the individual responded with "words to the effect of, 'We don’t have the evidence, but we have lots of theories.'"
Bowers attributed a similar quote to Giuliani on the record in the January 6 House Select Committee’s fourth public hearing.
In a statement in response to the apparent similarities, Giuliani adviser Ted Goodman claimed "someone is leaking intentionally misleading information to the press as part of a sloppy effort at gathering additional information."
"The mayor has not been contacted by the Special Counsel’s office, and he has no reason to believe that he will," Goodman said.
In a second, follow-up statement, Goodman said: “Every fact Mayor Rudy Giuliani possesses about this case establishes the good faith basis President Donald Trump had for the actions he took during the two-month period charged in the indictment."
The indictment, he said, "eviscerates the First Amendment and criminalizes the ruling regime’s number one political opponent for daring to ask questions about the 2020 election results, and "underscores the tragic reality of our two-tiered justice system — one for the regime in power and the other for anyone who dares to oppose the ruling regime."
Robert Costello, Giuliani's attorney, issued a statement tonight saying, “It appears that this indictment alleges that Mayor Giuliani is co-conspirator #1. Every fact that Mayor Giuliani possesses about this case establishes the good faith basis President Trump had for the actions he took during the two month period charged in the indictment."
He also echoed Trump's remarks by calling the indictment "election interference."
Schumer and Jeffries: This indictment is the 'most consequential thus far'
Senate Majority Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries issued a joint statement calling today's indictment "the most serious and most consequential thus far."
"The third indictment of Mr. Trump illustrates in shocking detail that the violence of that day was the culmination of a months-long criminal plot led by the former president to defy democracy and overturn the will of the American people," they said.
Trump's former obsession with Twitter looms large in charges
The indictment contains at least 16 references to Trump's use of Twitter, now known as X, which later banned him for inciting violence.
Citing his tweets, retweets and quote tweets, the indictment paints a picture of Trump privately and repeatedly endorsing claims of election fraud and lawsuits that sought to overturn the results. Meanwhile, the allegations say, he often privately admitted they were false.
It also documents how he used Twitter to rally supporters to the Capitol on Jan. 6. Twitter suspended and then banned his account after he tweeted a video to his supporters telling them that they were “very special” and should go home but not recanting his claims that the election was fraudulent.