This story originally appeared in The New York Times August 7, 2021
https://www.nytimes.com/2021/08/07/us/politics/jeffrey-rosen-trump-election.html?searchResultPosition=2&utm_source=pocket_mylist

Former Acting Attorney General Testifies About Trump’s Efforts to Subvert Election

The testimony highlights the former president’s desire to batter the Justice Department into advancing his personal agenda.

By Katie Benner

Aug. 7, 2021

WASHINGTON — Jeffrey A. Rosen, who was acting attorney general during the Trump administration, has told the Justice Department watchdog and congressional investigators that one of his deputies tried to help former President Donald J. Trump subvert the results of the 2020 election, according to a person familiar with the interviews.

Mr. Rosen had a two-hour meeting on Friday with the Justice Department’s office of the inspector general and provided closed-door testimony to the Senate Judiciary Committee on Saturday.

The investigations were opened after a New York Times article that detailed efforts by Jeffrey Clark, the acting head of the Justice Department’s civil division, to push top leaders to falsely and publicly assert that continuing election fraud investigations cast doubt on the Electoral College results. That prompted Mr. Trump to consider ousting Mr. Rosen and installing Mr. Clark at the top of the department to carry out that plan.

Mr. Trump never fired Mr. Rosen, but the plot highlights the former president’s desire to batter the Justice Department into advancing his personal agenda.

Mr. Clark, who did not respond to requests for comment, said in January that all of his official communications with the White House “were consistent with law,” and that he had engaged in “a candid discussion of options and pros and cons with the president.”

Mr. Rosen did not respond to requests for comment. The inspector general’s spokesman declined to comment.

Mr. Rosen has emerged as a key witness in multiple investigations that focus on Mr. Trump’s efforts to undermine the results of the election. He has publicly stated that the Justice Department did not find enough fraud to affect the outcome of the election.

On Friday Mr. Rosen told investigators from the inspector general’s office about five encounters with Mr. Clark, including one in late December during which his deputy admitted to meeting with Mr. Trump and pledged that he would not do so again, according to a person familiar with the interview.

Mr. Rosen also described subsequent exchanges with Mr. Clark, who continued to press colleagues to make statements about the election that they found to be untrue, according to a person familiar with the interview.

He also discovered that Mr. Clark had been engaging in unauthorized conversations with Mr. Trump about ways to have the Justice Department publicly cast doubt on President Biden’s victory, particularly in battleground states that Mr. Trump was fixated on, like Georgia. Mr. Clark drafted a letter that he asked Mr. Rosen to send to Georgia state legislators, wrongly asserting that they should void Mr. Biden’s victory because the Justice Department was investigating accusations of voter fraud in the state.

Such a letter would effectively undermine efforts by Mr. Clark’s colleagues to prevent the White House from overturning the election results, and Mr. Rosen and his top deputy, Richard P. Donoghue, rejected the proposal.

Senator Richard Blumenthal, Democrat of Connecticut, said Mr. Rosen discussed previously reported episodes, including his interactions with Mr. Clark, with the Senate Judiciary Committee. He called Mr. Rosen’s account “dramatic evidence of how intent Trump was in overthrowing the election.”

Mr. Blumenthal was one of a handful of senators, including Thom Tillis, Republican of North Carolina, and Sheldon Whitehouse, Democrat of Rhode Island, who sat through most of Mr. Rosen’s more than six hours of testimony. Richard J. Durbin, Democrat of Illinois and chairman of the committee; Charles E. Grassley, Republican of Iowa; Amy Klobuchar, Democrat of Minnesota; Ben Sasse, Republican of Nebraska; and Mike Lee, Republican of Utah, attended parts of the interview.

Mr. Blumenthal said Mr. Rosen presented new facts and evidence that led him to believe that the committee would need to answer “profound and important questions” about the roles that individuals in Mr. Trump’s orbit played in the effort to undermine the peaceful transition of power, “which is what Trump tried to do, intently and concertedly.”

As details of Mr. Clark’s actions emerge, it is unclear what, if any, consequences he could face. The Justice Department’s inspector general could make a determination about whether Mr. Clark crossed the line into potentially criminal behavior. In that case, the inspector general could refer the matter to federal prosecutors.

Mr. Rosen has spent much of the year in discussions with the Justice Department over what information he could provide to investigators, given that decision-making conversations between administration officials are usually kept confidential.

Douglas A. Collins, a lawyer for Mr. Trump, said last week that the former president would not seek to bar former Justice Department officials from speaking with investigators. But Mr. Collins said he might take some undisclosed legal action if congressional investigators sought “privileged information.”

Mr. Rosen quickly scheduled interviews with congressional investigators to get as much of his version of events on the record before any players could ask the courts to block the proceedings, according to two people familiar with those discussions who are not authorized to speak about continuing investigations.

He also reached out directly to Michael E. Horowitz, the Justice Department’s inspector general, and pledged to cooperate with his investigation, according to a person briefed on those talks.

Katie Benner covers the Justice Department. She was part of a team that won a Pulitzer Prize in 2018 for public service for reporting on workplace sexual harassment issues.