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The bonus episode in the Off the rails - quite impressive series of investigative journalism

About this series: Our reporting is based on multiple interviews with current and former White House, campaign, government and congressional officials as well as direct eyewitnesses and people close to the president. Sources have been granted anonymity to share sensitive observations or details they would not be formally authorized to disclose. President Trump and other officials to whom quotes and actions have been attributed by others were provided the opportunity to confirm, deny or respond to reporting elements prior to publication.

As Powell and the others entered the Oval Office that evening, Herschmann — a wealthy business executive and former partner at Kasowitz Benson & Torres who'd been pulled out of quasi-retirement to advise Trump — quietly slipped in behind them.

The hours to come would pit the insurgent conspiracists against a handful of White House lawyers and advisers determined to keep the president from giving in to temptation to invoke emergency national security powers, seize voting machines and disable the primary levers of American democracy.

Herschmann took a seat in a yellow chair close to the doorway. Powell, Flynn, Newman and Byrne sat in a row before the Resolute Desk, facing the president.
...
Powell began this meeting with the same baseless claim that now has her facing a $1.3 billion defamation lawsuit: She told the president that Dominion Voting Systems had rigged their machines to flip votes from Trump to Biden and that it was part of an international communist plot to steal the election for the Democrats.
...
She proposed declaring a national security emergency, granting her and her cabal top-secret security clearances and using the U.S. government to seize Dominion’s voting machines.

"Hold on a minute, Sidney," Herschmann interrupted from the back of the Oval. "You're part of the Rudy team, right? Is your theory that the Democrats got together and changed the rules, or is it that there was foreign interference in our election?
...
"It's foreign interference," Powell insisted, then added: "Rudy hasn't understood what this case is about until just now."

In disbelief, Herschmann yelled out to an aide in the outer Oval Office. "Get Pat down here immediately!" Several minutes later, White House counsel Pat Cipollone walked into the Oval. He looked at Byrne and said, "Who are you?"

The meeting was already getting heated.
...
But Powell, fixing on Trump, continued to elaborate on a fantastical election narrative involving Venezuela, Iran, China and others. She named a county in Georgia where she claimed she could prove that Dominion had illegally flipped the vote.

Herschmann interrupted to point out that Trump had actually won the Georgia county in question: "So your theory is that Dominion intentionally flipped the votes so we could win that county?"

As for Powell's larger claims, he demanded she provide evidence for what — if true — would amount to the greatest national security breach in American history. They needed to dial in one of the campaign's lawyers, Herschmann said, and Trump campaign lawyer Matt Morgan was patched in via speakerphone.

By now, people were yelling and cursing.
...
Flynn went berserk. The former three-star general, whom Trump had fired as his first national security adviser after he was caught lying to the FBI (and later pardoned), stood up and turned from the Resolute Desk to face Herschmann.

"You're quitting! You're a quitter! You're not fighting!” he exploded at the senior adviser. Flynn then turned to the president, and implored: "Sir, we need fighters."

Herschmann ignored Flynn at first and continued to probe Powell's pitch with questions about the underlying evidence. "All you do is promise, but never deliver," he said to her sharply.

Flynn was ranting, seemingly infuriated about anyone challenging Powell, who had represented him in his recent legal battles.

Finally Herschmann had enough. "Why the fuck do you keep standing up and screaming at me?" he shot back at Flynn. "If you want to come over here, come over here. If not, sit your ass down." Flynn sat back down.

The meeting had come entirely off the rails.
...
Byrne kept attacking the senior White House staff in front of Trump. "They've already abandoned you," he told the president aggressively. Periodically during the meeting Flynn or Byrne challenged Trump's top staff — portraying them as disloyal: So do you think the president won or not?

At one point, with Flynn shouting, Byrne raised his hand to talk. He stood up and turned around to face Herschmann. "You're a quitter," he said. "You've been interfering with everything. You've been cutting us off."

"Do you even know who the fuck I am, you idiot?" Herschmann snapped back.

"Yeah, you're Patrick Cipollone," Byrne said.

"Wrong! Wrong, you idiot!"
...
Every judge is corrupt, she claimed. We can't rely on them. The White House lawyers couldn't believe what they were hearing. "That's your argument?" a stunned Herschmann said. "Even the judges we appointed? Are you out of your fucking mind?"

Powell had more to say. She and Flynn began trashing the FBI as well, and the Justice Department under Attorney General Bill Barr, telling Trump that neither could be trusted. Both institutions, they said, were corrupt, and Trump needed to fire the leadership and get in new people he could trust.
...

Trump, for his part, also seemed perplexed by Byrne. But he was not entirely convinced the ideas Powell was presenting were insane.

He asked: You guys are offering me nothing. These guys are at least offering me a chance. They’re saying they have the evidence. Why not try this? The president seemed truly to believe the election was stolen, and his overriding sentiment was, let's give this a shot.

...

Powell was arguing that they couldn't get a judge to enforce any subpoena to hand over the voting machines because all the judges were corrupt. She and her group repeatedly referred to the National Emergencies Act and a Trump executive order from 2018 that was designed to clear the way for the government to sanction foreign actors interfering in U.S. elections.

These laws were, in the view of Powell, Flynn and the others, the key to unlocking extraordinary powers for Trump to stay in office beyond Jan. 20.

Their theory was that because foreign enemies had stolen the election, all bets were off and Trump could use the full force of the United States government to go after Dominion.

...

"How exactly are you going to do this?" an exasperated Herschmann asked again, later in the conversation. Newman again cited the 2018 executive order, which prompted Herschmann to question out loud whether she was even a lawyer.

Then Byrne chimed in: "There are guys with big guns and badges who can get these things." Herschmann couldn't believe it. "What are you, three years old?" he asked.
...
At its essence, the Powell crew's argument to the president was this: We have the real information. These people — your White House staff — don't believe in the truth. They're liars and quitters. They're not willing to fight for you because they don't want to get their hands dirty. Put us in charge. Let us take control of everything. We'll prove to you that what we're saying is right. We won't quit, we'll fight. We're willing to fight for the presidency.

On some level, this argument was music to Trump's ears. He was desperate. Powell and her team were the only people willing to tell him what he wanted to hear — that a path to stay in power in the White House remained.
...
Herschmann was primed to brawl and ready to dump on Powell. It had been a long day.

"Rudy," he said, turning to Giuliani, "Sidney was just in the Oval telling the president you don't know what the fuck you're doing. Right, Sidney?" He turned to Powell: "Why don't you tell Rudy to his face?"

"Eric, really it's not appropriate," Trump replied curtly.

"What's not appropriate?" Herschmann shot back. Turning to Powell, he said, "Why don't you repeat to Rudy what you just told the president in the Oval Office — that he has no idea about the case and that he only just began to understand it a few hours ago."

Three days later, Giuliani would publicly distance himself from Powell, telling Newsmax that Powell did not represent the president, and that "whatever she's talking about, it's her own opinions."
...

 

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