Around 5 in the afternoon on Christmas Day in 2020, as many Americans were celebrating with family, President Donald J. Trump was at his Mar-a-Lago home in Palm Beach, Fla., on the phone with a little-known conservative lawyer who was encouraging his attempts to overturn the election, according to a memo the lawyer later wrote documenting the call.
The lawyer, William J. Olson, was promoting several extreme ideas to the president. Mr. Olson later conceded that part of his plan could be regarded as tantamount to declaring “martial law” and that another aspect could invite comparisons with Watergate. The plan included tampering with the Justice Department and firing the acting attorney general, Jeffrey A. Rosen, according to the Dec. 28 memo by Mr. Olson, titled “Preserving Constitutional Order.”
“Our little band of lawyers is working on a memorandum that explains exactly what you can do,” Mr. Olson wrote in his memo, obtained by The New York Times, which he marked “privileged and confidential” and sent to the president. “The media will call this martial law,” he wrote, adding that “that is ‘fake news.’”
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The document highlights the previously unreported role of Mr. Olson in advising Mr. Trump as the president was increasingly turning to extreme, far-right figures outside the White House to pursue options that many of his official advisers had told him were impossible or unlawful, in an effort to cling to power.
The involvement of a person like Mr. Olson, who now represents the conspiracy theorist and MyPillow chief executive Mike Lindell, underscores how the system that would normally insulate a president from rogue actors operating outside of official channels had broken down within weeks after the 2020 election.
William J. Olson, a right-wing lawyer, sent a memo in December 2020 to President Donald J. Trump on how to seek to overturn the election.
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That left Mr. Trump in direct contact with people who promoted conspiracy theories or questionable legal ideas, telling him not only what he wanted to hear, but also that they — not the public servants advising him — were the only ones he could trust.
“In our long conversation earlier this week, I could hear the shameful and dismissive attitude of the lawyer from White House Counsel’s Office toward you personally — but more importantly toward the Office of the President of the United States itself,” Mr. Olson wrote to Mr. Trump. “This is unacceptable.”
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It was not immediately clear how Mr. Olson, who practices law in Washington, D.C., and Virginia, arrived in Mr. Trump’s orbit. Mr. Olson previously worked with Republican super PACs and promoted a conspiracy theory that Vice President Kamala Harris is not eligible to be vice president, falsely claiming she is not a natural-born U.S. citizen. He and his firm have long represented Gun Owners of America, an advocacy group.
According to his website, which displays a photograph of him shaking hands with President Richard M. Nixon, Mr. Olson was a White House intern in 1971.
But the document suggests that, even after his aides had won that skirmish in the Oval Office, Mr. Trump continued to seek extreme legal advice that ran counter to the recommendations of the Justice Department and the counsel’s office.
And the memo indicates that Mr. Trump was acting on the outside advice. At one point, it refers to the president urging Mr. Olson to contact the acting attorney general about having the Justice Department lend its credibility to Mr. Trump’s legal efforts to invalidate the election results.
A person familiar with the work of the House committee investigating the Jan. 6 attack on the Capitol said the committee was aware that Mr. Olson was in contact with Mr. Trump and that it was exploring Mr. Olson’s role in pushing forward plans to overturn the 2020 election.
Mr. Olson did not respond to requests for comment.
A spokesman for Mr. Trump did not respond to a request for comment about the former president’s relationship with Mr. Olson.
According to his memo, Mr. Olson was discussing with Mr. Trump the notion that the Justice Department would intercede with the Supreme Court to reverse his electoral defeat.
The lawyer, William J. Olson, was promoting several extreme ideas to the president. Mr. Olson later conceded that part of his plan could be regarded as tantamount to declaring “martial law” and that another aspect could invite comparisons with Watergate. The plan included tampering with the Justice Department and firing the acting attorney general, Jeffrey A. Rosen, according to the Dec. 28 memo by Mr. Olson, titled “Preserving Constitutional Order.”
“Our little band of lawyers is working on a memorandum that explains exactly what you can do,” Mr. Olson wrote in his memo, obtained by The New York Times, which he marked “privileged and confidential” and sent to the president. “The media will call this martial law,” he wrote, adding that “that is ‘fake news.’”
Advertisement
Continue reading the main story
The document highlights the previously unreported role of Mr. Olson in advising Mr. Trump as the president was increasingly turning to extreme, far-right figures outside the White House to pursue options that many of his official advisers had told him were impossible or unlawful, in an effort to cling to power.
The involvement of a person like Mr. Olson, who now represents the conspiracy theorist and MyPillow chief executive Mike Lindell, underscores how the system that would normally insulate a president from rogue actors operating outside of official channels had broken down within weeks after the 2020 election.
William J. Olson, a right-wing lawyer, sent a memo in December 2020 to President Donald J. Trump on how to seek to overturn the election.
Read Document
That left Mr. Trump in direct contact with people who promoted conspiracy theories or questionable legal ideas, telling him not only what he wanted to hear, but also that they — not the public servants advising him — were the only ones he could trust.
“In our long conversation earlier this week, I could hear the shameful and dismissive attitude of the lawyer from White House Counsel’s Office toward you personally — but more importantly toward the Office of the President of the United States itself,” Mr. Olson wrote to Mr. Trump. “This is unacceptable.”
Advertisement
Continue reading the main story
It was not immediately clear how Mr. Olson, who practices law in Washington, D.C., and Virginia, arrived in Mr. Trump’s orbit. Mr. Olson previously worked with Republican super PACs and promoted a conspiracy theory that Vice President Kamala Harris is not eligible to be vice president, falsely claiming she is not a natural-born U.S. citizen. He and his firm have long represented Gun Owners of America, an advocacy group.
According to his website, which displays a photograph of him shaking hands with President Richard M. Nixon, Mr. Olson was a White House intern in 1971.
But the document suggests that, even after his aides had won that skirmish in the Oval Office, Mr. Trump continued to seek extreme legal advice that ran counter to the recommendations of the Justice Department and the counsel’s office.
And the memo indicates that Mr. Trump was acting on the outside advice. At one point, it refers to the president urging Mr. Olson to contact the acting attorney general about having the Justice Department lend its credibility to Mr. Trump’s legal efforts to invalidate the election results.
A person familiar with the work of the House committee investigating the Jan. 6 attack on the Capitol said the committee was aware that Mr. Olson was in contact with Mr. Trump and that it was exploring Mr. Olson’s role in pushing forward plans to overturn the 2020 election.
Mr. Olson did not respond to requests for comment.
A spokesman for Mr. Trump did not respond to a request for comment about the former president’s relationship with Mr. Olson.
According to his memo, Mr. Olson was discussing with Mr. Trump the notion that the Justice Department would intercede with the Supreme Court to reverse his electoral defeat.
Little-Known Lawyer Pitched Trump on Extreme Plans to Subvert Election
The role of William J. Olson in advising the president in late 2020, which has not previously been disclosed, shows how fringe figures were influencing him at a critical time.
www.nytimes.com