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A scheme was devised after the 2020 United States presidential election by then-president Donald Trump and his allies in seven key states to create and submit fraudulent certificates of ascertainment that falsely asserted Trump had won the electoral college vote in those states. The intent of the scheme was to pass the fraudulent certificates to then-vice president Mike Pence in the hope he would count them, rather than the authentic certificates, and thus overturn Joe Biden's victory. This effort was predicated on a fringe legal theory outlined by Trump attorney John Eastman in the Eastman memos, which claimed the vice president has constitutional discretion to swap out official electors with an alternate slate during the certification process, thus changing the outcome of the electoral college vote and the overall winner of the presidential race. This scheme came to be known as the Pence Card.
Trump's personal attorney, Rudy Giuliani, a "central figure" in the plot, coordinated the scheme across the seven states. In a conference call hosted by an election security watchdog group on January 2, Trump, Eastman, and Giuliani spoke to some 300 Republican state legislators in an effort to persuade them to convene special legislative sessions to replace legitimate Biden electors with fake Trump electors based on unfounded allegations of vote fraud; dozens of those legislators asked Pence to delay the election certification for that purpose. Trump pressured the Justice Department to falsely announce it had found election fraud, and he attempted to install a new acting attorney general who had drafted a letter falsely asserting such election fraud had been found in an attempt to persuade the Georgia legislature to convene and reconsider its Biden electoral votes.Trump and Eastman asked Republican National Committee chair Ronna McDaniel to enlist the committee's assistance in gathering fake "contingent" electors. A senator's aide tried to pass fraudulent certificates to Pence minutes before the vice president was to certify the election. The scheme was one of many elements in the attempts to overturn the 2020 United States presidential election and is being investigated by the Justice Department and the January 6 committee. The January 6 committee's final report identified Trump lawyer Kenneth Chesebro as the plot's actual architect.The Smith special counsel investigation is investigating Trump's role in the events. Testimony has revealed that Trump was fully aware of the fake electors plan, and knew that Eastman's plan for Pence to obstruct the certification of electoral votes was a violation of the Electoral Count Act.
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