The Republic Is Lucky to Be Alive

Charles Pierce / Esquire
The Republic Is Lucky to Be Alive DOJ Official Jeffrey Clark pushed the idea that states should consider sending a separate slate of electors supporting Donald J. Trump for Congress to approve. (photo: Tom Williams/Getty)

A DOJ lawyer wanted an investigation into whether Chinese thermostats controlled our voting machines.

The Washington Post gives us all another long look into the clumsy machinations that went on during the grifterdammerung phase at Camp Runamuck. This latest episode stars one Jeffrey Clark, a lawyer who held a job in the Department of Justice, but who plainly thought he was destined for greater things. Jeffrey Clark fancied himself a Maker Of Presidents, legitimate ones or not.

Clark, an environmental lawyer by trade, had outlined a plan in a letter he wanted to send to the leaders of key states Joe Biden won. It said that the Justice Department had “identified significant concerns” about the vote and that the states should consider sending “a separate slate of electors supporting Donald J. Trump” for Congress to approve. In fact, Clark’s bosses had warned there was not evidence to overturn the election and had rejected his letter days earlier. Now they learned Clark was about to meet with Trump.

And at that point, we were off to the races.

Acting attorney general Jeffrey Rosen tracked down his deputy, Richard Donoghue, who had been walking on the Mall in muddy jeans and an Army T-shirt. There was no time to change. They raced to the Oval Office. As Rosen and Donoghue listened, Clark told Trump that he would send the letter if the president named him attorney general. “History is calling,” Clark told the president, according to a deposition from Donoghue excerpted in a recent court filing. “This is our opportunity. We can get this done.” Donoghue urged Trump not to put Clark in charge, calling him “not competent” and warning of “mass resignations” by Justice Department officials if he became the nation’s top law enforcement official, according to Donoghue’s account…Clark’s letter and his Oval Office meeting set off one of the tensest chapters during Trump’s effort to overturn the election, which culminated three days later with rioters storming the U.S. Capitol. His plan could have decapitated the Justice Department leadership and could have overturned the election.

The Republic is lucky to be alive and, I suspect, the same can be said of all of us.

Clark’s actions already have been investigated by the DOJ’s inspector general and by the Senate Judiciary Committee. Their respective findings, plus the details culled from the documents filed in court, and the Post’s own digging, make it clear that this might as well have been a coup within the coup.

Clark would soon emerge as someone interested in pursuing Trump’s claims. He found a key ally in Rep. Scott Perry (R-Pa.), one of the earliest proponents of Trump’s voter fraud claims. Perry later told radio station WITF that he had worked with Clark on “various legislative matters” over the previous four years. When Perry called Donoghue in late December to complain that the Justice Department hadn’t sufficiently investigated the election, he mentioned Clark as someone “who could really get in there and do something about this,” according to the Senate Judiciary Committee majority report…

…Clark then met with Trump in the Oval Office, according to the Senate report. When Rosen found out Clark had talked privately with Trump, he was livid, telling Clark in a Dec. 26 phone call that, “You didn’t tell me about it in advance. You didn’t get authorization. You didn’t tell me about it after the fact. This can’t happen,” according to Rosen’s interview with the Senate Judiciary Committee. Clark was “somewhat apologetic” and promised he wouldn’t do it again without permission, according to Rosen. But Clark had already made an impression on the president. The next day, Trump told Rosen in a phone call that “people are very mad with the Justice Department” not investigating voter fraud and referred to having met with Clark.

This is yet another instance in which the former president* created a political ecosystem within which ambition could run wild and approach a place from which politics cannot return, and where all sorts of exotic fauna bustle in the hedgerows.

Kenneth Klukowski had arrived at the Justice Department just two weeks before the Oval Office meeting to become legal counsel to the civil division overseen by Clark. He had long been an outspoken figure on the right, working as senior legal analyst for the conservative Breitbart website and co-writing a 2010 book about President Barack Obama titled “The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency.” Before joining Clark’s team, he’d served as special counsel to the White House’s Office of Management and Budget, according to his Facebook page.

At 4:20 p.m. on Dec. 28, 2020, he sent an email that has been a central mystery in the Clark episode. The email to Clark, obtained by The Post, has the subject line, “email to you,” and an attachment titled “Draft Letter JBC 12 28 20.docx.” The email text simply said “Attached.” The attached letter, which has been previously released, was titled “Pre-Decisional & Deliberative/Attorney-Client or Legal Work Product – Georgia Proof of Concept.”

The Crazy was now fully unleashed.

Twenty minutes after Klukowski sent the document, Clark sent Rosen and Donoghue an email with the subject line “Two Urgent Action Items.” One was an attachment of the letter that Klukowski had just sent to him. At the bottom of the letter was a place for it to be signed by Rosen, Donoghue and Clark.“I set it up for signature by the three of us,” Clark wrote. “I think we should get it out as soon as possible.” The second item was Clark’s request for an intelligence briefing about an allegation that the Chinese were controlling U.S.-based voting machines via internet-connected smart thermostats, a theory that the Justice Department had dismissed as not credible.

This is the sort of thing that was standard within the previous administration*, and everybody who worked there shares the responsibility for allowing this reality-free zone to be created within institutions of public trust. Fifty years on from Watergate, and a DOJ lawyer wants an investigation into whether Chinese thermostats controlled our voting machines. We were so very lucky.

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