High drama as Jan. 6 hearing details Trump's effort to corrupt Justice Department

Former acting deputy attorney general Richard Donoghue said he tried to convey to Jeffrey Clark that a draft letter he circulated seeking to ask Georgia's governor and other top state officials to convene the state legislature into a special session to investigate claims of voter fraud -- which didn't exist -- could launch the country into a "constitutional crisis."

"I had to read both emails and the attached letter twice to make sure I really understood what he was proposing -- because it was so extreme to me, I had a hard time getting my head around it initially," he recalled, adding he and former acting attorney general Jeffrey Rosen had "visceral reactions to it."

"I thought it was very important to get a prompt response rejecting this out of hand. In my response, I explained a number of reasons that this is not the department's rule to suggest or dictate [to] state legislatures," he said.

"More importantly, this was not based on fact. This was actually contrary to the facts as developed by department investigations over the last several weeks and months," he added. "For the department to insert itself into the political process this way, I think, would have had great consequences for the country. It may very well have spiraled into a constitutional crisis -- and I want to make sure that he understood the gravity of the situation because he did not seem to really appreciate it."

Drawing from handwritten notes, then-acting deputy attorney general Richard Donoghue documented that Trump told him to, "Just say that the election was corrupt + leave the rest to me and the R. Congressmen."

When Donoghue told Trump he couldn't change the outcome of the election, he recalled Trump "responded very quickly."

"And said, 'that's not what I'm asking you to do -- I'm just asking you to say it is corrupt and leave the rest to me and the Republican congressmen," Donoghue said.

He also said Trump told him the Justice Department was "obligated to tell people that this was an illegal, corrupt election," despite officials repeatedly telling him no widespread fraud existed and that Biden was the legitimate winner.

Rep. Adam Kinzinger emphasized the gravity of Trump's request.

"'Just say it was corrupt and leave the rest to us,'" he said. "The president wanted the top Justice Department officials to declare that the election was corrupt, even though, as he knew, there was absolutely no evidence to support that statement."

Rep. Adam Kinzinger, R-Ill., played previous video testimony ahead of questioning live witnesses to preview how the committee would reveal findings from what took place inside a heated Oval Office meeting on Jan. 3, 2021, between Trump and top Justice Department officials.

"The meeting took about another two and a half hours from the time I entered. It was entirely focused on whether there should be a DOJ leadership change," former deputy acting attorney general Richard Donoghue recalled in taped testimony. "I would say, directly in front of the president, Jeff Rosen was to my right. Jeff Clark was to my left."

"He looked at me and he underscored," said former acting attorney general Jeff Rosen, "'Well the one thing we know is you're not gonna do anything, you don’t even agree that the concerns that are being presented are valid. And here is someone who has a different view, so, why shouldn't I do that, you know?' That's how the discussion went, proceeded."

Former White House attorney Eric Herschmann underscored the purpose of the meeting, where "Jeff Clark was proposing that Jeff Rosen be replaced by Jeff Clark -- and I thought the proposal was asinine."

Donoghue recalled that Clark "repeatedly said to the president that if he was put in the seat, he would conduct real investigations that would, in his view, uncover widespread fraud."

Former acting attorney general Jeffrey Rosen told the committee that Trump made several requests to the Department of Justice after Bill Barr left his position in December 2020.

According to Rosen, Trump called him "virtually every day" between December 23 and January 3.

Trump wanted the DOJ to appoint a special counsel for election fraud, set up a meeting with Rudy Giuliani, to potentially file a lawsuit in the Supreme Court, hold a press conference and to send letters to state legislatures furthering baseless claims of fraud.

"I will say that the Justice Department declined all of those requests that I was just referencing," Rosen said, "because we did not think that they were appropriate based on the facts and the law as we understood them."