The Jan. 6 committee will hear from former Justice Department officials who faced down a relentless pressure campaign from Donald Trump over the 2020 presidential election results while suppressing a bizarre challenge from within their own ranks.
The hearing Thursday will bring attention to a memorably turbulent stretch at the department as Trump in his final days in office sought to bend to his will a law enforcement agency that has long cherished its independence from the White House. The testimony is aimed at showing how Trump not only relied on outside advisers to press his election fraud claims, but also tried to leverage the powers of federal executive branch agencies.
The witnesses will include Jeffrey Rosen, who was acting attorney general during the Jan. 6, 2021, assault on the U.S. Capitol. Three days earlier, Rosen was part of a tense Oval Office showdown in which Trump contemplated replacing him with a lower-level official, Jeffrey Clark, who wanted to champion Trump's claims of election fraud.
Two other former department officials, Rosen's top deputy, Richard Donoghue, and Steven Engel, are also scheduled to testify. Both warned Trump at the White House meeting that they'd resign, and that many of the department's lawyers would follow, if he replaced Rosen with Clark.
“You could have a situation here, within 24 hours, you have hundreds of people resigning from the Justice Department,” Donoghue has said he told Trump. “Is that good for anyone? Is it good for the department? Is it good for the country? Is it good for you. It's not.”
Only then did Trump relent. The night, and later his administration, ended with Rosen still in power.
The hearing is the fifth this month by the committee investigating the run-up to the insurrection at the Capitol, when Trump loyalists stormed the building as lawmakers were certifying the results of the election won by Joe Biden. Witnesses have included police officers attacked at the Capitol as well as lawyers, a television executive and local election officials who all resisted demands to alter results in Trump's favor.
The committee last week presented videotaped depositions of former Attorney General William Barr, who castigated Trump's fraud claims as “bull—,” “bogus” and “idiotic” and resigned after failing to convince the president of that.
Thursday's hearing will focus on what happened next as Rosen, Barr's top deputy, took over the department and found himself immediately besieged by Trump's demands for Justice Department action.
In one phone conversation, according to handwritten notes taken by Donoghue and made public by lawmakers last year, Trump directed to Rosen to “Just say the election was corrupt and leave the rest to me and the R. Congressmen."
Around that time, Trump was introduced by a Republican congressman, Rep. Scott Perry of Pennsylvania, to Clark, who'd joined the department in 2018 as its chief environmental lawyer and was later appointed to run its civil division. Clark was earlier subpoenaed by the committee to give a deposition but will not be among the witnesses Thursday.
Clark, according to statements from other Justice Department officials, met with Trump despite being ordered not to by bosses at the department and presented himself as eager to aid the president's efforts to challenge the election results. A report released last year by the Senate Judiciary Committee that painted Clark as a relentless advocate for Trump included a draft letter pushing Georgia officials to convene a special legislative session to reconsider the election results.
Clark wanted the letter sent, but superiors at the Justice Department refused.
The situation came to a head on Jan. 3, 2021, a Sunday, when Clark informed Rosen in a private meeting at the Justice Department that Trump wanted to replace him with Clark as acting attorney general. Rosen, according to the Senate report, responded that “there was no universe I could imagine in which that would ever happen" and that he would not accept being fired by a subordinate.
Rosen then contacted the White House to request a meeting. That night, Rosen, Donoghue and Engel, along with Clark, gathered with Trump and top White House lawyers for a contentious, hours-long Oval Office meeting about whether the president should follow through with his plans for a radical leadership change at the department.
According to testimony given by Rosen, Trump opened the meeting by saying, “One thing we know is you, Rosen, aren’t going to do anything to overturn the election.”
Donoghue and Engel made clear to Trump that they and large numbers of other Justice Department officials would resign if Trump fired Rosen. White House lawyers said the same. Pat Cipollone, then the White House counsel, at one point said the letter that Clark wanted to send was a “murder-suicide pact.”
“Steve Engel at one point said, ‘Jeff Clark will be leading a graveyard. And what are you going to get done with a graveyard,’ that there would be such an exodus of the leadership,” Donoghue told the Senate Judiciary Committee. “So it was very strongly worded to the president that that would happen.”
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Donoghue also sought to dissuade Trump from believing that Clark had the legal background to do as the president wished since he was not a criminal prosecutor at the department.
“And he kind of retorted by saying, ‘Well, I’ve done a lot of very complicated appeals and civil litigation, environmental litigation, and things like that,’” Donoghue said. “And I said, ‘That’s right. You’re an environmental lawyer. How about you go back to your office, and we’ll call you when there’s an oil spill.’”