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Legal Analysis, Reports September 26, 2022

The January 6 Hearings: Wisconsin Spotlight 

The Wisconsin Spotlight includes events in the state leading up to the January 6 attack, participation by Wisconsin actors in relevant events and the attack itself, efforts in Wisconsin to discredit or reverse the outcome of the presidential election, and subsequent post-January 6 events.

Issue Areas
Wisconsin

Updated September 26, 2022

Background: The United States House Select Committee to Investigate the January 6th Attack on the United States Capitol (January 6 Select Committee) is holding oversight hearings in June 2022. It will present public testimony, evidence, and analysis relating to the January 6, 2021 attack, its run-up, and its aftermath. The attack and effort to undermine the will of the American voters did not happen in a vacuum. Fueled by misinformation and lies about the 2020 election, many of the key actors involved and key actions taken that contributed to the attack originated from the states. After all, while elections are national events, they are run and led by the states.

The States United Democracy Center has created a series of state-by-state guides to the January 6 attack highlighting activities that sought to undermine our free, fair, and secure elections. The Wisconsin Spotlight includes events in the state leading up to the January 6 attack, participation by Wisconsin actors in relevant events and the attack itself, efforts in Wisconsin to discredit or reverse the outcome of the presidential election, and subsequent post-January 6 events.

Events leading up to the January 6 attack

Supporters of then-President Donald Trump held rallies throughout the country attempting to discredit the 2020 presidential election process and challenging the official election results, including in Wisconsin, despite lacking factual basis for their allegations.

Actors involved in January 6 activities

The Washington Post compiled a timeline documenting how January 6, 2021 progressed from Trump’s “Save America” rally on the White House Ellipse to the breach and attack on the U.S. Capitol. Just Security and Protect Democracy compiled a primer that organizes and distills the multiprong campaign to overturn the 2020 election results.

Fraudulent presidential electors slate
Post January 6 developments

Wisconsin continues to be a hotbed of efforts to undermine nonpartisan election administration and spread disinformation about the 2020 presidential election results.

Highlights from the Hearings

The States United Democracy Center’s Wisconsin January 6 Spotlight outlines the events in the state leading up to the January 6 attack, participation by Wisconsin actors in related events and the attack itself, efforts in Wisconsin to discredit or reverse the outcome of the presidential election, and subsequent post-January 6 events. The following is a summary of the evidence presented at the January 6 Select Committee hearings related to Wisconsin.

  • Pressure campaign to overturn Wisconsin’s presidential election results

    • The January 6 Select Committee played portions of Trump’s speech at the White House Ellipse on January 6 in which he claimed that “[i]n Wisconsin, corrupt Democrat run cities deployed more than 500 illegal, unmanned, unsecured drop boxes, which collected a minimum of 91,000 unlawful votes.”55 June 23, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Statement of Donald Trump), https://www.npr.org/2022/06/23/1106700800/jan-6-committee-hearing-transcript.
    • The January 6 Select Committee played video clips detailing how the Committee obtained text messages exchanged on January 4, 2021, between Wisconsin Republican Party officials showing that the Trump campaign had asked that the Wisconsin fake electors’ documents be flown to Washington.56 June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Statement of Casey Lucier), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript; See also Opoien, J. (2022, June 21). Jan. 6 committee spotlights Johnson aide, false Wisconsin electors. The Cap Times. https://captimes.com/captimes/news/government/jan-6-committee-spotlights-johnson-aide-false-wisconsin-electors/article_a602137d-5ee3-59b3-97db-cb7d69453c2b.html.
    • The counsel for the January 6 Select Committee also revealed that a staffer for U.S. Senator Ron Johnson (R-WI) texted a staffer for then-Vice President Pence moments before the January 6, 2021, joint congressional session began, stating that Johnson “wished to hand-deliver to the Vice President the fake electors’ votes from Michigan and Wisconsin.57 See note 118. Pence’s aide “unambiguously instructed them not to deliver the fake votes to the Vice President.” 58 See note 118.
    • The January 6 Select Committee also heard direct testimony from the fraudulent presidential electors. 59 June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Andrew Hitt), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript. Andrew Hitt, former chairman of the Wisconsin Republican Party and one of Wisconsin’s fake electors, explained in his deposition that he had been told that the fake elector ballots “would only count if a court ruled in our favor.”60 See note 121.
Additional resources

Sources

  1. Redman, H. (2020, November 8). Biden supporters celebrate, anti-vote protesters stand around, clash with BLM counter-protesters. The Wisconsin Examiner. https://wisconsinexaminer.com/2020/11/08/anti-vote-protesters-clash-with-blm-counter-protesters/.

  2. See note 2See also Kessler, G. and Rizzo, S. (2020, November 5). President Trump’s false claims of vote fraud: A chronology. The Washington Post. https://www.washingtonpost.com/politics/2020/11/05/president-trumps-false-claims-vote-fraud-chronology/.

  3. Redman, H. (2020, December 8) Election Official Joins ‘Stop the Steal’ Rally. Urban Milwaukee. https://urbanmilwaukee.com/2020/12/08/election-official-joins-stop-the-steal-rally/.

  4. About the Wisconsin Elections Commission. (n.d.). Wisconsin Elections Commissionhttps://elections.wi.gov/about.

  5. See note 3.

  6. See note 3.

  7. Liptak, A. (2020, December 11). Texas files an audacious suit with the Supreme Court challenging the election results. The New York Timeshttps://www.nytimes.com/2020/12/08/us/politics/texas-files-an-audacious-suit-with-the-supreme-court-challenging-the-election-results.html.

  8. Cobb T. (2022, March 8). State Bar Complaint Against Attorney General Ken Paxton to Proceed After Key Deadline Passes. The Texas Tribunehttps://www.texastribune.org/2022/03/08/state-bar-paxton-complaint/.

  9. American Oversight Obtains Seven Phony Certificates of Pro-Trump Electors. (2021, March 2). America Oversight. https://www.americanoversight.org/american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors; Sherman, A. (2022, January 28). What you need to know about the fake Trump electors. PolitiFacthttps://www.politifact.com/article/2022/jan/28/what-you-need-know-about-fake-trump-electors/.

  10. The following Wisconsin state legislators signed the Pence letter: Sen. André Jacque (R-DePere) and Reps. Janel Brandtjen (R-Menomonee Falls), Rick Gundrum (R-Slinger), Robert Brooks (R-Saukville), Cody Horlacher (R-Mukwonago), Dan Knodl (R-Germantown), Gae Magnafici (R-Dresser), Dave Murphy (R-Greenville), Jeff Mursau (R-Crivitz) Joe Sanfelippo (R-West Berlin), Michael Schraa (R-Oshkosh), Tim Ramthun (R-Campbellsport), Shae Sortwell (R-Two Rivers), Jeremy Thiesfeldt (R-Fond du Lac) and Chuck Wichgers (R-Muskego). See Conklin, M. (2021, January 14). These 15 state legislators asked Pence not to certify election results. The Wisconsin Examinerhttps://wisconsinexaminer.com/2021/01/14/these-15-state-legislators-asked-pence-not-to-certify-election-results/.

  11. Letter to Vice President Michael R. Pence. (2021, January 5). The Wisconsin Examiner.  https://wisconsinexaminer.com/wp-content/uploads/2021/01/Letter-to-Pence-1.pdf; Timm, C. (2021, January 5). Fact check: No, Pence can’t overturn the election results. NBC Newshttps://www.nbcnews.com/politics/donald-trump/fact-check-no-pence-can-t-overturn-election-results-n1252869.

  12. O’Kane, C. (2020, December 7). Dozens of armed “stop the steal” protesters threaten Michigan Secretary of State outside her house. CBS News. https://www.cbsnews.com/news/michigan-protest-jocelyn-benson-secretary-of-state/.

  13. Eisler, P., et al. (2021, December 30). Anatomy of a death threat. Reuters. https://graphics.reuters.com/USA-ELECTION/THREATS/mopanwmlkva/.

  14. Conklin M. (2021, January 15). Uihleins, owners of Wisconsin company, gave millions to group sponsoring the Jan. 6 March for Trump. The Wisconsin Examiner. https://wisconsinexaminer.com/brief/uihleins-owners-of-wisconsin-company-gave-millions-to-group-sponsoring-the-jan-6-march-for-trump/.

  15. Hovorka A. (2021, August 12).Donald Trump endorses Republican Derrick Van Orden to replace Democrat Ron Kind in 3rd Congressional District. Stevens Point Journal. https://www.stevenspointjournal.com/story/news/politics/2021/08/12/trump-endorses-van-orden-2022-wisconsin-3rd-congressional-race/8109129002/.

  16. Sollenberger R. (2021, Jun. 27). GOP Candidate Bankrolled Jan. 6 Riot Trip With Campaign Cash. The Daily Beasthttps://www.thedailybeast.com/gop-candidate-bankrolled-jan-6-riot-trip-with-campaign-cash?via=twitter_page.

  17. Milwaukee Journal Sentinel. (2022, May 25).8 Wisconsin men were charged in the Jan. 6 Capitol insurrection in Washington, D.C. Here’s the latest on their cases. Milwaukee Journal Sentinel. https://www.jsonline.com/story/news/crime/2021/09/02/6-wisconsin-men-arrested-charged-capitol-insurrection-riot-updates-cases/5697115001/; NPR Staff. (2022, June 3). The Capitol siege: The cases behind the biggest criminal investigation in U.S. history. NPRhttps://www.npr.org/2021/02/09/965472049/the-capitol-siege-the-arrested-and-their-stories#database.

  18. American Oversight Obtains Seven Phony Certificates of Pro-Trump Electors. (2021, March 2). America Oversight. https://www.americanoversight.org/american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors; Sherman, A. (2022, January 28). What you need to know about the fake Trump electors. PolitiFacthttps://www.politifact.com/article/2022/jan/28/what-you-need-know-about-fake-trump-electors/.

  19. Feuer, A., et al. (2022, March 25). Intensifying Inquiry Into Alternate Electors Focuses on Trump Lawyers. The New York Timeshttps://www.nytimes.com/2022/05/25/us/politics/pro-trump-lawyers-elector-scheme.html; Polantz., K., & Reid, P. (2022, March 25). DOJ probe of fake elector plot seeks information about Trump’s top lawyers and advisers. CNN. https://www.cnn.com/2022/05/25/politics/justice-department-fake-elector-plot-trump-lawyers-advisers/index.html; Boucher, D. (2022, January 19). Nessel: Fake GOP electors committed crimes, hopes feds prosecute ‘conspiracy.’ Detroit Free Presshttps://www.freep.com/story/news/politics/2022/01/18/nessel-gop-electors-crimes-lansing-michigan/6563387001/.

  20. Marley P. (2022, February 4).Wisconsin Republicans who posed as electors met in a ‘secret location,’ brought armed security with them, one member say. Milwaukee Journal Sentinel. https://www.jsonline.com/story/news/politics/2022/02/04/wisconsin-republicans-posed-electors-met-secretly-had-security/6646947001/.

  21. Conklin, Melanie. (2022, January 27). Imposter electors tied to Fitzgerald, Kleefisch and Jarchow. Wisconsin Examiner.  https://wisconsinexaminer.com/2022/01/27/imposter-electors-tied-to-fitzgerald-kleefisch-and-jarchow/.

  22. Richmond, T. (2022, March 15).Wisconsin Commission won’t punish fake electors. Associated Press.  https://apnews.com/article/2022-midterm-elections-elections-media-wisconsin-election-2020-5ec47b445cf86d7fb03906fe3dc41bd1.

  23. Wisconsin’s Fraudulent Electors – Update. (n.d.). Law Forward. https://lawforward.org/fraudulent-electors-update.

  24. Associated Press. (2022, May 17). Lawsuit Seeks $2.4M Damages From Wisconsin Fake GOP Electors.  Associated Presshttps://www.usnews.com/news/politics/articles/2022-05-17/lawsuit-seeks-2-4m-damages-from-wisconsin-fake-gop-electors; Johnson S. (2022, May 17). Democrats file lawsuit against Wisconsin Republicans who posed as electors. Wisconsin Public Radio. https://www.wpr.org/democrats-file-lawsuit-against-wisconsin-republicans-who-posed-electors; Epstein, R.J. (2022, May 17). Wisconsin Democrats Sue G.O.P. Fake Electors Over 2020 Scheme. The New York Times. https://www.nytimes.com/2022/05/17/us/politics/wisconsin-fake-electors.html.

  25. American Oversight Obtains Seven Phony Certificates of Pro-Trump Electors. (2021, March 2). America Oversighthttps://www.americanoversight.org/american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors; Lerner, K. (2022, Feb. 2). Trump’s fake electors: Here’s the full list. The Wisconsin Examinerhttps://wisconsinexaminer.com/2022/02/02/trumps-fake-electors-heres-the-full-list/.

  26. Kroll A. (2022, April 11). Jan. 6 Architect John Eastman Is Still Plotting to Overturn 2020 Election. Rolling Stone. https://www.rollingstone.com/politics/politics-news/john-eastman-wisconsin-election-decertify-robin-vos-1336069/?sub_action=logged_in; Steakin W., Faulders, K., and Romero, L. (Apr. 11, 2022).Former Trump Lawyer, amid clash with Jan. 6 committee, pushing to decertify 2020 election. ABC News. https://abcnews.go.com/Politics/trump-lawyer-amid-clash-jan-committee-pushing-decertify/story?id=83965757; States United Democracy Center. (2022, April 14). Letter Re: Matter of John Eastman, Case Number 21-O-12451. https://statesuniteddemocracy.org/wp-content/uploads/2022/04/04.14.22_Case-Number-21-O-12451_Second-Supplemental-Filing_Final1.pdf.

  27. Colvin, J. (2021, June 18). At pro-Trump rally in Wisconsin, attendees await return to office. Fox 11 News.  https://fox11online.com/news/election/convention-circuit-of-delusion-gives-forum-for-election-lies.

  28. Shalvey, K. (2021, June 13). MyPillow CEO Mike Lindell played a speech by former President Trump during his latest political rally. Business Insider. https://www.businessinsider.com/mypillow-mike-lindell-trump-speech-rally-voter-fraud-wisconsin-2021-6.

  29. Schonfeld, Z. (2022, June 7). Here’s a list of the people who have been subpoenaed by the Jan. 6 committee. The Hill. https://thehill.com/news/house/3514712-heres-a-list-of-the-people-who-have-been-subpoenaed-by-the-jan-6-committee/.

  30. Vakil, C. (2022, January 28). Former chairman of Wisconsin GOP party signals he will comply with Jan. 6 committee subpoena. The Hillhttps://thehill.com/policy/national-security/591915-former-chairman-of-wisconsin-gop-party-signals-he-will-comply-with/.

  31. ssociated Press. (2022, January 28). 2 Wisconsinites issued subpoenas from Jan. 6 committee. Associated Press. https://www.wisn.com/article/two-wisconsinites-issued-subpoenas-from-jan-6-committee/38926840.

  32. eck, M. (2021, June 26). A former Wisconsin Supreme Court justice will oversee the latest election review sought by the state’s GOP leaders. Milwaukee Journal Sentinelhttps://www.jsonline.com/story/news/politics/elections/2021/06/26/former-wisconsin-supreme-court-justice-michael-gableman-will-oversee-robin-vos-2020-election-review/5357319001/.

  33. Associated Press. (2020, November 30). Completed Wisconsin recount confirms Biden’s win over Trump. Associated Presshttps://apnews.com/article/election-2020-joe-biden-donald-trump-madison-wisconsin-7aef88488e4a801545a13cf4319591b0.

  34. White, L. (2021, October 22). Nonpartisan review of Wisconsin’s 2020 election finds no widespread fraud. Wisconsin Public Radiohttps://www.wpr.org/nonpartisan-review-wisconsins-2020-election-finds-no-widespread-fraud.

  35. White, L. (2021, November 10). Head of GOP-backed election investigation rebuffs calls for transparency, decries ‘obstruction.’ Wisconsin Public Radiohttps://www.wpr.org/head-gop-backed-election-investigation-rebuffs-calls-transparency-decries-obstruction.

  36. Redman, H. (2022, March 18). Fight over Gableman subpoenas continues, possibly further extending review. The Wisconsin Examinerhttps://wisconsinexaminer.com/2022/03/18/fight-over-gableman-subpoenas-continues-possibly-further-extending-review/; Beck, M. (2022, February 17). Michael Gableman withdraws election investigation subpoena to immigrant rights group Voces de la Frontera. Milwaukee Journal Sentinelhttps://www.jsonline.com/story/news/politics/2022/02/16/michael-gableman-withdraws-subpoena-immigrant-rights-group-voces/6816480001/.

  37. Wis. State Assemb. Comm. on Campaigns & Elections (105th Leg., Reg. Sess.), Legislative Subpoena duces tecum to Election Systems & Software, LLC., https://legis.wisconsin.gov/assembly/45/spreitzer/media/1825/election-systems-and-software_com-data_ji_cwl2_cwl3_cwl4final_correcteda.pdf Wis. Elections Commission, Special Counsel.

  38. Johnson, S. (2022, March 1). Gableman report calls for decertifying 2020 election. The Legislature’s nonpartisan lawyers say that’s not possible. Wisconsin Public Radiohttps://www.wpr.org/gableman-report-calls-decertifying-2020-election-legislatures-nonpartisan-lawyers-say-thats-not.

  39. Center for Tech and Civic Life. (2021, December 15). Final Report on 2020 COVID-19 Response Grant Program and CTCL 990s. Center for Tech and Civic Life. https://www.techandciviclife.org/2020covidsupport/. In July 2020, the mayors of Wisconsin’s five largest cities announced they secured over six million dollars. in grant funds from CTCL to support election administration in the pandemic. See Center for Tech and Civic Life. (2020, July 7). CTCL Partners with 5 Wisconsin Cities to Implement Safe Voting Plan. Center for Tech and Civic Life. https://www.techandciviclife.org/wisconsin-safe-voting-plan/Center for Tech and Civic Life. (n.d.). CTCL Form 990 (2019-2020).https://www.dropbox.com/s/szpsajxivpx5wvs/2019-2020%20990%20.pdf?dl=0 at pg. 282.

  40. Johnson, S. (2022, March 1). Gableman report calls for decertifying 2020 election. The Legislature’s nonpartisan lawyers say that’s not possible. Wisconsin Public Radiohttps://www.wpr.org/gableman-report-calls-decertifying-2020-election-legislatures-nonpartisan-lawyers-say-thats-not; Marley, P. (2021, August 9). Michael Gableman Said Bureaucrats ‘stole our votes’ Before He was Put in Charge of Reviewing 2020 Election. Milwaukee Journal Sentinelhttps://www.jsonline.com/story/news/ politics/2021/08/09/michael-gableman-said-electionstolen-before-put-charge-wisconsin-review/5518815001/.

  41. Beck, M. (2022, April 8). On Steve Bannon Podcast, Michael Gableman Appeals to Trump Supporters for Help Keeping the Doors Open on His Wisconsin Election Review. Milwaukee Journal Sentinelhttps://www.jsonline.com/story/news/politics/elections/2022/04/08/gableman-appeals-trump-backers-help-keep-wisconsin-election-review-alive-steve-bannon/9509305002/; Marley, P. (2021, December 14). Gableman Touts Kleefisch’s Run for Governor, Asks for Support in Keeping His Election Review Going. Milwaukee Journal Sentinel. https://www.jsonline.com/story/news/politics/2021/12/14/ gableman-touts-kleefisch-pushes-keep-his-electionreview-going/8892104002/; Marley, P. (2022, April 7). Gableman Skips Election and Instead Visits Trump’s Resort as He Makes Baseless Voting Claims. Milwaukee Journal Sentinelhttps://www.jsonline.com/story/news/politics/2022/04/07/gableman-skips-election-visits-trump-he-makes-bogus-voting-claims/9500021002/.

  42. Beck, M. (2022, April 26). Robin Vos extends Michael Gableman’s Wisconsin election review after pressure from Donald Trump, Milwaukee Journal Sentinel. https://www.jsonline.com/story/news/2022/04/25/trump-turns-up-heat-vos-keep-gableman-election-probe-alive/7445686001/.

  43. Redman, H. (2021, October 29). Racine Co. Sheriff alleges elections commission broke the law. The Wisconsin Examiner. https://wisconsinexaminer.com/2021/10/29/racine-co-sheriff-alleges-elections-commission-broke-the-law/.

  44. Redman, H. (2021, November 3). Racine Co. Sheriff refers criminal charges against five elections commissioners. The Wisconsin Examinerhttps://wisconsinexaminer.com/brief/racine-co-sheriff-refers-criminal-election-fraud/.

  45. Fannon, E. (2022, February 11). Racine County DA declines to issue criminal charges against state election commissioners. CBS58 WDJT-Milwaukeehttps://www.cbs58.com/news/racine-county-da-declines-to-issue-criminal-charges-against-state-election-commissioners.

  46. Epstein, R.J. (2022, February 19). Fringe Scheme to Reverse 2020 Election Splits Wisconsin GOP. New York Timeshttps://www.nytimes.com/2022/02/19/us/politics/wisconsin-election-decertification.html.

  47. Redman, H. (2022, March 24). Gableman attorney says 2020 election can’t be decertified. The Wisconsin Examinerhttps://wisconsinexaminer.com/brief/gableman-attorney-says-2020-election-cant-be-decertified/.

  48. Opoien, J. and Kelly J. (2022, February 9).Wisconsin Republicans race to reinvent state’s election system — again. The Capital Times. https://captimes.com/news/government/wisconsin-republicans-race-to-reinvent-state-s-election-system-again/article_0c013800-2232-5095-a504-60c2f8d15daf.html; IRG Policy Reform: Elections Accountability. (n.d.). Institute for Reforming Governmenthttps://reforminggovernment.org/wp-content/uploads/2021/08/IRG_WEC-Policy-Paper.pdf.

  49. Richmond, T. (2022, May 7). Wisconsin GOP eyeing shift in control of election oversight. Associated Press.
    https://apnews.com/article/2022-midterm-elections-wisconsin-donald-trump-presidential-6db672c13ed572bebab4a370963fe9f1.

  50. States Voting Rights Tracker – Wisconsin. (n.d.). Voting Rights Labhttps://tracker.votingrightslab.org/states/wisconsin.

  51. Johnson, S. (2022, April 8). Gov. Tony Evers vetoes GOP election, gun bills. Wisconsin Public Radiohttps://www.wpr.org/gov-tony-evers-vetoes-gop-election-gun-bills.

  52. Beck, M. (2021, September 29). Wisconsin GOP lawmakers want superintendent, treasurer and secretary of state appointed, not elected. Milwaukee Journal Sentinelhttps://www.jsonline.com/story/news/politics/2021/09/29/wisconsin-republican-lawmakers-want-superintendent-treasurer-secretary-state-appointed-not-elected/5914924001/.

  53. Replacing the Refs. (2022, June 6). States United Actionhttps://statesuniteddemocracy.org/resources/replacingtherefs/.

  54. June 23, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Statement of Donald Trump), https://www.npr.org/2022/06/23/1106700800/jan-6-committee-hearing-transcript.

  55. June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Statement of Casey Lucier), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript; See also Opoien, J. (2022, June 21). Jan. 6 committee spotlights Johnson aide, false Wisconsin electors. The Cap Times. https://captimes.com/captimes/news/government/jan-6-committee-spotlights-johnson-aide-false-wisconsin-electors/article_a602137d-5ee3-59b3-97db-cb7d69453c2b.html.

  56. See note 118.

  57. See note 118.

  58. June 21, 2022 Hearing: U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol, 117th Cong. (2022) (Testimony of Andrew Hitt), https://www.npr.org/2022/06/21/1105848096/jan-6-committee-hearing-transcript.

  59. See note 121.