Conservative lawyer sent memo about plans to overturn election to Trump in December 2020

A conservative lawyer sent a memo in late December 2020 to then-President Trump on how he could combat the election fraud he alleged happened in that year’s presidential election and overturn the election results. 

The New York Times reported that William Olson sent the memo titled, “Preserving Constitutional Order” on Dec. 28, 2020. In it, he urged Trump to take several steps to fulfill his duty to stop voter fraud on behalf of the American people. 

Despite allegations from Trump and his allies, there has been no evidence of widespread voter fraud that could have affected the voting results in any state in the 2020 presidential election. 

“The fact that you were a candidate in the race may complicate the matter, but your duty to ensure the election was not stolen exists nonetheless,” Olson wrote in the memo obtained by the Times. “It is no understatement to say that the very existence of our Constitutional Republic is slipping away — that which was entrusted to our generation by the Founders and each succeeding generation — unless you act, and act promptly.” 

Olson and Trump did not immediately return requests from The Hill for comment. 

Olson wrote in the memo that Trump should instruct the then-acting Attorney General Jeffrey Rosen to file a lawsuit on behalf of the United States to fight voter fraud or fire him if he refuses. Trump should then fill the position with another Justice Department (DOJ) official who the Senate had confirmed and would support the effort. 

Trump had reportedly planned to replace Rosen with Jeffrey Clark, a DOJ lawyer, to apply pressure on Georgia lawmakers to overturn Biden’s victory in the state, but the plan was scrapped after a group of DOJ officials threatened to resign if it went through. 

Olson said he recognized that media outlets would call Rosen’s firing a “constitutional crisis,” but “corruption at the highest levels of government” had already caused one. 

Olson said his “little band of lawyers” was working on a memorandum on the powers Trump can use as president to “ensure that the People receive a fair election count.” He said Trump should task a new White House counsel to identify this. 

He said that media organizations will consider this to be martial law, which is “fake news.” 

Olson said Trump should tell the public that he is acting in his capacity as president even though he is a candidate in the election. 

Olson wrote in the memo that he expected the DOJ to “do nothing except continue to run out the clock,” necessitating action from Trump. 

The revelation follows reports that Mike Roman, who served as Trump’s director of Election Day operations in 2020, was the one who delivered lists of fake electoral certificates for Michigan and Wisconsin to Rep. Mike Kelly’s (R-Pa.) then-chief of staff in effort to get them to Vice President Mike Pence.