“The central fact of American politics today is that one of the country’s two major political parties is broken. Not merely wrong, but broken in a fundamental way, hostile to democracy and incapable of serving as a good-faith partner in governing.
Trump repeatedly attempted to overturn a legitimate election, an effort that culminated in inciting a mob that threatened the lives of members of Congress. Yet Republicans in that body cannot bring themselves to inflict the appropriate constitutional punishment for this kind of offense even after he has left office and is no longer needed to get judges confirmed and tax cuts passed.
Democracies require accountability to function. Political elites must be held responsible for grievous errors and punished accordingly. The GOP’s decay has destroyed this possibility — but the Senate trial is a necessary step toward fighting back.”
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“It will show that, even in the dramatic case of outright insurrection against the US government, the country’s political system is incapable of holding elites accountable largely due to one party’s extreme partisanship. Demonstrating this will serve as a justification for people, Democrats and civil society alike, to take more dramatic steps to repair American democracy down the line — including pushing for significant reforms of the political system.”
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“To really fix America, Democrats need to engage in a kind of partisan warfare: They need to inflict costs for past misbehavior not only on Trump, but on the Republican Party that enabled him. Most fundamentally, they need to roll back the anti-democratic practices — like extreme gerrymandering and voter suppression tactics — that permit Republicans to remain competitive while appealing primarily to the most reactionary elements of the American public.
There are no costs that politicians pay attention to more than electoral ones. And if Republicans can’t win in the future by embracing leaders like Trump, they won’t be so comfortable excusing anti-democratic abuses down the line.
The tactics Democrats will need to employ in doing this — most notably, radically revising the filibuster to allow the passage of pro-democracy legislation along party lines — will seem extreme. But they will be more justifiable, including to moderate Democrats like Sens. Joe Manchin (WV) and Kyrsten Sinema (AZ) — in a world where it’s clear that the normal levers of political accountability are broken. It is a way of showing that radical procedural reforms really are a “last resort.”
So failing to convict Trump again will further underscore that impeachment is a paper tiger, at least for Republican presidents. But that horse is already out of the barn. Trying and failing once again, when the anti-democratic offense is much greater and the cost to Republicans for convicting is much lower, will help underscore just how deeply complicit they are in the events of January 6 — and build the case for others, Democrats and non-politicians alike, to punish them accordingly.”
“Rep. Joe Neguse (D-CO) detailed how Trump laid the groundwork for trying to overthrow the election even before November 3 by creating a “no lose” situation in which he repeatedly insisted he could only lose if the election was stolen from him. At the same time, Trump glorified the harassment of his opponents — including, in an October 31 tweet that received attention on Wednesday from Del. Stacey Plaskett (D-Virgin Islands), by lauding fans of his in Texas who tried to run a Biden-Harris bus off the road.
Rep. Joaquin Castro (D-TX) detailed how, as it became clear in the days following November 3 that Biden had won, Trump encouraged unruly “Stop the Steal” protests that presaged the January 6 insurrection.
Instead of trying to tamp down tensions, the Trump campaign instead spent millions on “Stop the Steal” ads that ran until January 5, recounted Rep. Eric Swalwell (D-CA).
At the same time, Trump repeatedly urged his supporters to turn out in DC on January 6 for a “wild” protest. As Plaskett explained, his team even got directly involved in the permitting process for the January 6 event, helping organizers get permission to march to the Capitol.
“The truth is President Trump spent months calling his supporters to a march on a specific day, in a specific time, in a specific place, to stop the certification,” Plaskett said. “That is why he must be convicted and disqualified.”
Once his followers were gathered in DC, Trump delivered a speech to them in which he mentioned “fighting” more than 20 times, only once in passing urging them to remain peaceful. Videos that impeachment managers played to senators on Wednesday showed how Trump followers reacted to Trump’s speech by chanting things like “Take the Capitol!” and “Storm the Capitol!””
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“Alluding to Republican arguments trying to absolve Trump, Rep. Madeleine Dean (D-PA) said, “The truth is, this attack never would have happened but for Donald Trump. And so they came, draped in Trump’s flag, and used our flag, the American flag, to batter and bludgeon.””
“Some of the steps Trump took in the service of his election fantasy were by themselves clear abuses of power. The trial memorandum notes, for example, that he “tried to induce Michigan’s top Republican legislative officials to violate Michigan law by rejecting the popular vote and selecting a Trump slate of electors.” In a January 2 telephone conversation, Trump pressured Georgia Secretary of State Brad Raffensperger to “find” the votes necessary to overturn Biden’s victory in that state, warning that failing to do so would be “a criminal offense” and “a big risk for you.” Trump publicly and privately urged Vice President Mike Pence to block congressional affirmation of Biden’s victory. Since that is a power the vice president does not actually have, Trump was soliciting Pence to do something illegal.
Meanwhile, Trump continued to press his doomed, delusional cause with highly inflammatory rhetoric, castigating Republican officials who questioned his claims and warning that democracy would be destroyed if Biden were allowed to take office. He kept doing that even after it became clear that some of his followers were responding with death threats and violence. His campaign to overturn the election results culminated in his fiery January 6 speech to thousands of supporters who had gathered in Washington, D.C., to “stop the steal” at his behest.”
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” Trump made the stakes clear. “We’re going to have somebody in there that should not be in there,” he said, “and our country will be destroyed. And we’re not going to stand for that.””
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“After the protest turned violent, Trump compounded his irresponsibility by only belatedly urging his supporters to be “peaceful,” even while reinforcing the imaginary grievance on which the rioters were acting. “At 1:49 PM, after insurrectionists had overcome the Capitol perimeter—and after reports of pipe bombs had been confirmed—President Trump retweeted a video of his speech at the rally,” the trial memorandum notes. “Just over thirty minutes later, at 2:24 PM, while rioters were still attacking police and after Vice President Pence had been evacuated from the Senate floor, President Trump again tweeted to excoriate the Vice President for refusing to obstruct the Joint Session: ‘Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.'”
The House managers add that Trump “did not take any action at all in response to the attack until 2:38 PM, when he issued his first tweet, and 3:13 PM, when he issued a second.” The first tweet said protesters should “remain peaceful,” while the second said there should be “no violence.”
During this time, the House managers say, “not only did President Trump fail to issue unequivocal statements ordering the insurrectionists to leave the Capitol; he also failed in his duties as Commander in Chief by not immediately taking action to protect Congress and the Capitol. This failure occurred despite multiple members of Congress, from both parties, including on national television, vehemently urging President Trump to take immediate action.”
Finally, more than three hours after the riot started, Trump released a video in which he urged “peace” and told his supporters to “go home now.” At the same time, he reiterated that the election was “stolen from us” after he won in “a landslide” and closed with this mixed message: “We love you, you’re very special.…I know how you feel. But go home and go home in peace.” That evening Trump tweeted: “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!”
Here is how Rep. Liz Cheney (R–Wyo.), the third-ranking Republican in the House and one of 10 Republicans who voted to impeach Trump, interpreted the events of that day: “The President of the United States summoned this mob, assembled the mob, and lit the flame of this attack. Everything that followed was his doing. None of this would have happened without the President. The President could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a President of the United States of his office and his oath to the Constitution.” Sen. Mitch McConnell (R–Ky.), then the Senate majority leader, agreed that “the mob was fed lies” and “provoked by the president.””
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“freedom of speech “does not protect government officials from accountability for their own abuses in office,” the House managers say. “The Supreme Court has made clear that the First Amendment does not shield public officials who occupy sensitive policymaking positions from adverse actions when their speech undermines important government interests. Thus, just as a President may legitimately demand the resignation of a Cabinet Secretary who publicly disagrees with him on a matter of policy (which President Trump did repeatedly), the public’s elected representatives may disqualify the President from federal office when they recognize that his public statements constitute a violation of his oath of office and a high crime against the constitutional order.””
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“The House managers also address the argument that Trump’s trial will only exacerbate the bitter political division between his supporters and his opponents. “Many have suggested that we should turn the page on the tragic events of January 6, 2021,” they say. “But to heal the wounds he inflicted on the Nation, we must hold President Trump accountable for his conduct and, in so doing, reaffirm our core principles. Failure to convict would embolden future leaders to attempt to retain power by any and all means—and would suggest that there is no line a President cannot cross. The Senate should make clear to the American people that it stands ready to protect them against a President who provokes violence to subvert our democracy.”
Since Trump’s acquittal seems to be a foregone conclusion, I’m not sure how clear a message the trial will send on that score. But there is value in laying out the details of this shameful and horrifying episode. Even if only a handful of Republicans favor conviction, a bipartisan vote will signal that Trump did much more, and much worse, than express an opinion.”
“This is not the first time that a group of Americans decided that winning an election was more important than maintaining a democracy. In fact, it’s because of those other examples that we know which sociopolitical trends to beware of.
On Nov. 10, 1898, following a municipal election that had installed an integrated city council, white elites from the city of Wilmington, North Carolina mobilized a mob that burned down the town’s Black newspaper, killed hundreds of Black residents and forced the newly elected council members to resign at gunpoint. It was a riot, organized and planned in advance, and aided by people in charge of the government so they could stay in power — pesky electoral outcomes be damned.”
“US Capitol Police were aware of the potential for violence specifically targeting Congress on January 6, at least three days before pro-Trump insurgents overwhelmed USCP officers and stormed the US Capitol, according to a Friday scoop by the Washington Post.
A January 3 memo from the Capitol Police intelligence division, parts of which were obtained by the Post, highlights the threat of violence by supporters of President Donald Trump in striking detail — and only adds to confusion about how the attack occurred anyway.
According to the memo, “supporters of the current president see January 6, 2021” — the day Congress convened to certify President-elect Joe Biden’s Electoral College victory — “as the last opportunity to overturn the results of the presidential election.”
“This sense of desperation and disappointment may lead to more of an incentive to become violent,” the portion of the memo obtained by the Post continues. “Unlike previous post-election protests, the targets of the pro-Trump supporters are not necessarily the counter-protesters as they were previously, but rather Congress itself is the target on the 6th.”
The USCP memo also warned that the presence of “white supremacists, militia members, and others who actively promote violence, may lead to a significantly dangerous situation for law enforcement and the general public alike.”
As it turns out, that’s exactly what happened.”
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“The memo from the Capitol Police’s intelligence division isn’t the only warning law enforcement agencies gave leading up to the violent events of January 6. On January 5 — just one day before the attack — an internal report produced by the FBI’s field office in Norfolk, Virginia, warned of online calls for “war.””
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“Sund was privy to the Capitol Police intelligence assessment ahead of January 6, and he reportedly asked the sergeants at arms for both chambers of Congress to put National Guard forces on emergency standby.
Sund’s request was ultimately denied, and National Guard troops were slow to respond as the attack unfolded, due at least in part to restrictions imposed by the Pentagon, which were first reported by the Washington Post.
In addition to Sund, both sergeants at arms have resigned their positions over the attack.”
“Even before last week’s deadly invasion of the Capitol, McConnell, to his credit, forcefully rejected efforts to challenge duly certified electoral votes for Biden. “If this election were overturned by mere allegations from the losing side, our democracy would enter a death spiral,” he warned less than an hour before he was forced to flee the president’s enraged fans. “We would never see the whole nation accept an election again,” he added, and “every four years would be a scramble for power at all cost.”
Based on “sweeping conspiracy theories,” McConnell noted, “President Trump claims the election was stolen,” but “nothing before us proves illegality anywhere near the massive scale…that would have tipped the entire election.” He added that “public doubt alone” cannot “justify a radical break” from historical practice “when the doubt itself was incited without evidence.”
These were strong words, but they came two months too late. From the moment that Trump began insisting that he actually won the election by a landslide, it was clear that the president’s conviction had no basis in reality. Yet McConnell humored Trump, neither backing nor rejecting his wild claims, based on the premise that Biden’s victory should not be conceded until the president had exhausted his legal options and the Electoral College had met. In the meantime, the fantasy underlying last week’s riot grew and spread, unchallenged by all but a few Republican legislators.”
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“Even McConnell and Pence are models of bravery compared to Sens. Ted Cruz (R–Texas) and Josh Hawley (R–Mo.), who led the legally groundless objections to Biden’s electoral votes in the Senate. In doing so, they cynically and recklessly reinforced the twin delusions that gave rise to last week’s violence: that Trump won the election and that Biden’s inauguration could still be prevented.
At the same time, neither Cruz nor Hawley had the guts to explicitly endorse those beliefs. They calculated that they could reap the political benefits of kowtowing to the president’s supporters without paying the political cost of looking like kooks. It apparently never entered the minds of these two Ivy League lawyers that they might pay a cost for so blatantly trying to advance their careers by sacrificing their supposed devotion to the Constitution. The crucial question for the Republican Party now is whether they were right to ignore that possibility.”
“Cheney is the highest-ranking Republican to commit to backing impeachment so far. In a scathing statement, she wrote that “the President of the United States summoned this mob, assembled the mob, and lit the flame of this attack. Everything that followed was his doing.”
Cheney’s statement continues: “The President could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a President of the United States of his office and his oath to the Constitution.”
Not long before Cheney’s statement, Rep. John Katko (NY) became the first elected Republican member of Congress to commit to backing this impeachment. “To allow the president of the United States to incite this attack without consequence is a direct threat to the future of our democracy,” Katko said in his own statement. “For that reason, I cannot sit by without taking action.” A third House Republican, Rep. Adam Kinzinger (IL), announced his support for impeachment, too.”
“Across law enforcement agencies, many are echoing the same message: that no one anticipated an attack of this kind on Congress and the Capitol”
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““You literally couldn’t have had more information,” R.P. Eddy, a counterterrorism expert and CEO of the intelligence firm Ergo, told Vox. But law enforcement agencies, starting with the Capitol Police, didn’t do what was necessary with that information: “The threat assessment, obviously, was a total failure.”
And the reason for that, he and others say, goes back to the inability of law enforcement officials to see Trump supporters — a group of mostly white Americans, some of them law enforcement officers themselves — as a real threat.”
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“It’s only become clearer over the past six days that insurrectionists were planning their actions openly in the days leading up to Wednesday’s riot, and that many people had sounded the alarm. Posters in pro-Trump online forums were making plans to “encircle” Congress and “go after the traitors directly” and to “Bring handcuffs and zip ties to DC,” according to the Washington Post. And numerous watchdog groups and private citizens sent warnings to government officials about the threats.
“It’s not so much that the cops weren’t aware of it. It’s almost like they were willfully ignorant of the possibility of violence,” Marc Ginsberg, president of the Coalition for a Safer Web, who personally warned officials of his findings, told the Post. Tensions surrounding brutal police action against protesters this summer also left local and federal officials wary of a large police presence during the planned protest.
Law enforcement officials were preparing for a crowd in the “low thousands,” according to Crow’s call on Sunday with Secretary of the Army Ryan McCarthy — not the approximately 8,000 people who showed up. They were also prepared for “small, disparate violent events” like stabbings and fistfights, despite numerous social media posts about guns, ammunition, and kidnapping lawmakers. The Capitol Police also had not requested federal support in the days leading up to the riot, and both the Capitol and DC Metropolitan Police Departments had declined offers of additional National Guard backup, McCarthy said.”
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“After Bowser and Capitol Police Chief Steven Sund requested federal reinforcements shortly after 1:30 pm on Wednesday, federal officials worked to understand the situation for more than an hour, according to the call with Crow. Their efforts were hamstrung by the lack of an operations center in the Pentagon, forcing them to “manage the situation by tracking down previously unknown contacts of local law enforcement and making ad hoc calls in an office environment,” according to the call summary.
But whatever happened at the Defense Department, responsibility for Wednesday’s events really started with the Capitol Police, Eddy said. “Every event like this has a lead agency,” he explained: “one group who’s responsible, ultimately, for what’s going to happen.” In this case, it was the Capitol Police. They failed to prepare their officers — many of whom were in ordinary uniforms rather than helmets and riot gear — and they failed to prepare in advance for the federal reinforcements they would need, Eddy said. “They obviously failed to understand what the threat was going to be.””
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“Many of the rioters had a lot in common with the officials in charge of doing threat assessments in the days and weeks ahead of the riot, he explained: “They probably were very similar in race, probably very similar in income, probably very similar religious beliefs.” That includes a number of rioters who are law enforcement themselves. Departments around the country have suspended officers for their involvement in the riot.
The failure to anticipate the violence of January 6 was a “failure to imagine that folks who look like you, who probably think like you, are going to come do something that’s wildly different than what you’d want to do, and they’re going to try to kill you in the process,” Eddy said.
And it wasn’t just about failure to prepare. While some Capitol Police officers were assaulted by rioters, others appeared to aid or at least do little to stop them, with one officer taking a selfie with a rioter (he has since been suspended, Rep. Tim Ryan confirmed on Monday) and others appearing to move aside barricades to let them get closer to the Capitol.”
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““On one hand, different groups of people are deemed a threat when maybe they’re not because they’re peacefully protesting, whereas a group of rioters full of domestic terrorists are not seen as a threat,” Karim said. Addressing that “is going to take transformational change.””