During his detention Malet conceived of and planned Napoleon's overthrow in a daring coup d'état. The plan was simple: on October 23, 1812 during the Emperor's absence on the Russian front, Malet planned to announce the death of Napoleon and to establish a provisional government. Malet decided to proclaim his death via the use of forged documentation, hoping the plausible declaration would be believable.
Malet's proposed provisional government would be composed of Mathieu de Montmorency, Alexis de Noailles, General Moreau as vice president, Lazare Carnot as president, Marshal Augereau, ex-legislator Bigonnet, Count Frochot, Prefect of the Seine, ex-legislator Florent Guiot, Destutt de Tracy, Malet himself, Vice-Admiral Truguet, Senator Volney, and Senator Garrat. The forces involved in the coup were the Gendarmerie forces of Paris (which were dissolved thereafter and formed the 134th Line Infantry Regiment) and the 10th Cohort of the French National Guard.
Malet prepared complex instructions and forged documents for his accomplices. This preliminary work was immense, since it was necessary to give each accomplice an important role, specific instructions, and forged copies of the senatus consultus and the proclamations. As soon as a set of instructions was completely prepared, the dispatch was closed, sealed, numbered and entrusted to the custody of a Spanish priest who lived in Saint-Gilles street, close to the barracks of the 10th National Guard Cohort.
On the night of the October 23, Malet escaped his captivity. Dressed in a general's uniform, he presented himself at the La Force prison and, using forged orders, obtained the release of Generals Lahorie and Guidal, to whom he announced Napoleon's demise on October 7 at the Russian front near Moscow. He then convinced Lahorie and Guidal that immediate action was necessary and showed the forged documents leading them to believe the Senate had already reacted to the death of the Emperor