In this bonus edition, we take you back into those final weeks — to one long, unhinged night a week before Christmas, when an epic, profanity-soaked standoff played out with profound implications for the nation.
Four conspiracy theorists marched into the Oval Office. It was early evening on Friday, Dec. 18 — more than a month after the election had been declared for Joe Biden, and four days after the Electoral College met in every state to make it official.
"How the hell did Sidney get in the building?" White House senior adviser Eric Herschmann grumbled from the outer Oval Office as Sidney Powell and her entourage strutted by to visit the president.
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.
For weeks now, ever since Rudy Giuliani had commandeered Trump’s floundering campaign to overturn the election, outsiders had been coming out of the woodwork to feed the president wild allegations of voter fraud based on highly dubious sources.
Trump was no longer focused on any semblance of a governing agenda, instead spending his days taking phone calls and meetings from anyone armed with conspiracy theories about the election. For the White House staff, it was an unending sea of garbage churned up by the bottom feeders.
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.
[Note: In response to a request for comment, Powell said in an emailed statement to Axios: “I will not publicly discuss my private meetings with the President of the United States. I believe those meetings are privileged and confidential under executive privilege and under rules of the legal profession. I would caution the readers to view mainstream media reports of any such conversations with a high degree of discernment and a healthy dose of skepticism.”]
Powell waved an affidavit from the pile of papers in her lap, claiming it contained testimony from someone involved in the development of rigged voting machines in Venezuela.
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?"
Giuliani's legal efforts, while replete with debunked claims about voter fraud, had largely focused on allegations of misconduct by corrupt Democrats and election officials.
"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.
White House staff had spent weeks poring over the evidence underlying hundreds of affidavits and other claims of fraud promoted by Trump allies like Powell. The team had done the due diligence and knew the specific details of what was being alleged better than anybody. Time and time again, they found, Powell's allegations fell apart under basic scrutiny.
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.
The room was starting to fill up. Trump's personal assistant summoned White House staff secretary Derek Lyons to join the meeting and asked him to bring a copy of a 2018 executive order that the Powell group kept citing as the key to victory. Lyons agreed with Cipollone and the other officials that Powell's theories were nonsensical.
It was now four against four.
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.
by Jonathan Swan, Zachary Basu, Axios | Read more:
Image: Sarah Grillo/Axios. Getty Images photos: Tom Williams/CQ-Roll Call, Jabin Botsford/The Washington Post, George Frey/Bloomberg
