Special counsel Jack Smith's team has reportedly bolstered its interest in an infamous Oval Office meeting held at the eleventh hour of Trump's presidency, during which the former president fielded proposals of desperate methods to keep him in office despite his White House counsel's objections.
Investigators have questioned witnesses before the grand jury and during interviews about the meeting, which occurred six weeks after Donald Trump lost the 2020 election, multiple sources told CNN. Some witnesses were initially asked about the meeting several months ago. Others, like Rudy Giuliani, were questioned about the meeting more recently. Giuliani, in particular, conferred with investigators for two days last month in a voluntary interview about an array of topics, including the December 18, 2020 meeting he attended, CNN's sources said.
Prosecutors, the sources added, have specifically taken interest in three external Trump advisors who were present at the meeting: former Trump lawyer Sidney Powell, ex-Overstock CEO Patrick Byrne and former national security advisor Michael Flynn.
Giuliani's lawyer, a lawyer for Powell and a lawyer for Byrne declined CNN's request for comment.
Both Powell and Byrne spoke extensively under oath with the House select committee that investigated the Jan. 6 insurrection. Flynn, however, declined to answer the committee's questions citing the Fifth Amendment.
"The special counsel's sustained interest in the chaotic episode comes as Smith's team appears to be nearing charging decisions in the investigation into efforts to overturn the election results," CNN reports. "Investigators are still gathering evidence, reaching out to several new witnesses in recent weeks and working to schedule interviews."
December 14 is of special interest to prosecutors.
The tense December 2020 Oval Office meeting descended into chaos as Trump's outside advisors went toe-to-toe with top West Wing lawyers in a heated debate about a plan to have the military seize voting machines in the key states Trump had lost in the election. The meeting attendees also considered naming Powell as special counsel to investigate alleged voter fraud, as well as Trump invoking martial law in an effort to subvert the election results. Attendees shouted and hurled insults, and Trump capped off the night by tweeting that an upcoming protest of the election results on Jan. 6, 2021, in Washington, D.C. "will be wild."
The special counsel prosecutor's list of witnesses questioned about the meeting includes former national security advisor Robert O'Brien, who — according to a transcript of his deposition released by the panel — told the House select committee that he joined the December meeting by phone after it had devolved.
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"The consistent emphasis on the December 18 Oval Office meeting appears to overlap with the special counsel's broader effort to hone in on the actions of several Trump lawyers and allies during the period from December 14, 2020, to January 6, 2021," CNN said.
December 14 is of special interest to prosecutors, sources told the outlet. That date is marked by a host of alternate Republican electors in seven battleground states falsely certifying that Trump had won the election, and a meeting of Electoral College members in every state to officially cast their ballots, ultimately confirming Joe Biden as the winner with 306 electoral votes compared to Trump's 232.
The efforts to recruit unlawful electors, have them sign certificates falsely affirming Trump's win, and use them to pressure then-Vice President Mike Pence to stymie the certification of Biden's electoral college win on Jan. 6 have been a primary focus for investigators during the probe.
In recent weeks, at least one witness has told the special counsel's team that Trump allies ask Pence to cast doubt on the legitimacy of Biden's electors in the seven battleground states over supposed widespread voter fraud, and turn over the decision of certification to the states themselves, one source told CNN.
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