Cassidy Hutchinson just changed everything

“In one fell swoop, former Trump White House aide Cassidy Hutchinson transformed the story of the January 6, 2021, attack on the Capitol.

Hutchinson, who was a top deputy to Trump chief of staff Mark Meadows, revealed a series of stunning details about the events of the Capitol riot during her testimony to the January 6 committee. Hutchinson’s testimony suggests that the president knew in advance that violence was a possibility that day, and may very well have approved of it. He instructed his supporters to go to the Capitol, knowing that they were armed, and planned to join them personally once they arrived. After he was prevented from going personally, he told top aides that his vice president deserved the “hang Mike Pence” chants and that the rioters weren’t doing anything wrong.”

“Hutchinson is not the first committee source to describe Trump as approving the idea of Pence’s execution. But hearing more confirmation, together with testimony that he believed that the crowd assaulting police officers and ransacking the Capitol was doing nothing wrong, paints an even clearer picture of a president who not only condoned the violence, but actively approved of it.

Put together and, assuming the details are true, we now have good reason to believe that the violence of the day was not accidental but intentional: that Trump wanted a violent mob to attack the Capitol on his behalf, to use force to disrupt Congress’s certification of the election results and thus give him a chance at illegally holding on to the presidency.

It appears, in short, to be a kind of attempted regime change: a coup that we would have no problem describing as such in any other country but our own.”

‘The system held, but barely’: Jan. 6 hearings highlight a handful of close calls

“Nearly every component of Trump’s plan revolved around then-Vice President Mike Pence succumbing to pressure. In Trump’s view, Pence — who presided over the counting of state electors on Jan. 6, 2021 — could single-handedly reject Biden’s electors or postpone the count altogether and let GOP state legislatures approve pro-Trump electors instead.

Pence, relying on the advice of his counsel Greg Jacob, balked at Trump’s strategy. Jacob and other White House lawyers repeatedly told Trump the scheme was illegal.

Even that could’ve gone differently. Jacob has also made clear that there was one scenario in which Pence might have been obligated to flip the outcome: if any state legislatures had actually pulled the trigger and adopted Trump electors. In that scenario — where a state legislature and governor have certified competing slates, with one saying Biden won and the other declaring the state for Trump — Jacob said it would be reasonable to defer to the text of the Constitution, which gives state legislatures the ultimate power to choose electors.

“A reasonable argument might further be made that when resolving a dispute between competing electoral slates … the Constitution places a firm thumb on the scale on the side of the State legislature,” Jacob wrote.

That’s why John Eastman, an attorney who designed much of Trump’s plans to stay in power, spent the final hours before the riot on Jan. 6 pushing Pence to delay — contending that Pennsylvania’s legislature appeared on the verge of reconvening to appoint Trump electors. Had Pence or Jacob agreed to a delay — particularly as the Capitol recovered — Trump, Eastman and lawyer Rudy Giuliani intended to use the time to bring legislatures back into season.”

The Jan. 6 Committee Hosted A Hearing For The 21st Century

“The carnage was impossible to deny. As the House select committee investigating the Jan. 6 attack on the U.S. Capitol laid out its evidence that former President Donald Trump was the catalyst of the assault on American democracy, a 12-minute video showed the full consequences of Trump’s willful lie that the election was stolen. It was perhaps the committee’s most compelling argument.

The video — which included images recorded by participants in the attack, security footage, news footage, audio recordings from police radio communication and police body-camera recordings — tracked the evolution of the violence on that day, from an agitated crowd gathering at the outskirts of the Capitol, through the bloody, forceful invasion of the building. Much of the footage was raw and played at length; the violence was visceral. In one clip, a first-person view from a fallen U.S. Capitol Police officer’s body camera, you can see the mob bearing down, beating the officer mercilessly.

You can watch as many clips of Jan. 6 participants calmly strolling through the rotunda as you like, but the footage shared during the hearing make it inarguable that this was no “normal tourist visit,” as GOP Rep. Andrew Clyde claimed four months after the attack.”

“Videos — some previously released, others being aired for the first time — were carefully sprinkled throughout the hearing, punctuating information shared by Cheney and committee chair Rep. Bennie Thompson. Even in his opening remarks, Thompson included video to underscore the fact that the 2020 election was not stolen from Trump, signaling how big a role media would play in the hearings to come. Warning that the clip contained “strong language,” Thompson paused his remarks to play a clip from former Trump Attorney General Bill Barr’s testimony to the committee, where Barr said he remembers at least three discussions with the president where “I made it clear I did not agree with the idea of saying the election was stolen and putting out this stuff, which I told the president was bullshit.”

Later, clips of testimony from Trump’s daughter and senior adviser, Ivanka Trump, and her husband, Jared Kushner, another senior White House adviser, demonstrated that those closest to the former president were aware that his claims of fraud were baseless. Video testimony of defendants charged for their alleged involvement in the attack saying that they were in Washington, D.C., that day because Trump had summoned them underscored the president’s role in inspiring the attack. Footage of Caroline Edwards, a U.S. Capitol Police officer on the front lines that day, being knocked unconscious after the mob plowed past a barricade toward her punctuated her live testimony on how violent Jan. 6 was.”

‘Detached From Reality’ Is Trump’s Best Defense at This Point

“Attorney General Bill Barr..said former President Donald Trump’s insistence that the 2020 election had been stolen from him indicated he was “detached from reality.” Ironically, that seemingly damning assessment of Trump’s state of mind might be his best defense against a possible criminal prosecution.

The Jan. 6 Committee has spent a great deal of time during its first two hearings trying to prove that Trump knew he lost the 2020 election fair and square. On Monday, they effectively used the testimony of Trump’s former staff and lawyers to hammer home that Trump was repeatedly told the vote totals went against him, that allegations of election fraud were bogus and that he continued to spread them to his followers anyway.”

“as several former Trump insiders testified, the former president clung to implausible conspiracy theories advanced by a handful of legal advisers such as Rudy Giuliani, John Eastman and Sidney Powell.”

“prosecutors would have to overcome the likely defense that Trump sincerely believed the election had been stolen because he had been told so by people he believed were knowledgeable. Defendants usually don’t go to prison for following legal advice. While Eastman, Giuliani and Powell were conspiracy theorists whose claims were thrown out of multiple courts, they also were lawyers with, at one time, good credentials. Trump’s defense team would argue that he trusted them and relied on their advice. Poor judgment might disqualify someone for public office, but it is not, in and of itself, a crime.”

” That would also be a defense to another potential charge — that Trump obstructed an official proceeding, which requires proof that Trump had corrupt intent. A federal judge recently found that it was “more likely than not” that Trump had corrupt intent, relying on the fact that Pence and others told Trump that Eastman’s plan to set aside valid slates of electors and send the process back to the states was illegal. But in the context of a federal jury trial, Trump would only need to convince one juror that there was reasonable doubt that he believed a plan proposed to him by a prominent lawyer (who had once been a former Supreme Court clerk) was lawful.”

“Garland has been dealt a difficult hand. Many who view the committee hearings will assume that the mountain of evidence amassed by the committee would be more than sufficient to convict Trump. But Garland and his team must know that such a case would be a coin flip at best, and federal prosecutors don’t win over 95 percent of their cases by rolling the dice. They charge defendants when they know they have the goods, and based on what we’ve seen so far, they don’t have an airtight case against Trump.”

The January 6 hearings showed why it’s reasonable to call Trump a fascist

“Amid the many extraordinary revelations at the January 6 committee’s first primetime hearing Thursday, one stood out for its sheer depravity: that during the assault, when rioters chanted “hang Mike Pence” in the halls of the Capitol, President Donald Trump suggested that the mob really ought to execute his vice president.

“Maybe our supporters have the right idea,” he said, per a committee source. “[Mike Pence] deserves it.”

Endorsing violence is hardly new for Trump; it’s something he’s done repeatedly, often in an allegedly joking tone. But the reported comment from January 6 is qualitatively worse given the context: coming both amid an actual violent attack he helped stoke and one he did little to halt. The committee found that the president took no steps to defend the Capitol building, failing to call in the National Guard, or even speak to his secretaries of Defense and Homeland Security.

While he was de facto permitting the mob’s rampage, he was privately cheering the most violent stated objective of people he acknowledged as “our supporters.””

“when a leader whips up a mob to attack democracy with the goal of maintaining his grip on power in defiance of democratic order, then privately refuses to stop them while endorsing the murderous aims of people he claims as his own supporters, it’s hard to see him as anything but a leader of a violent anti-democratic movement with important parallels to interwar fascism.

This doesn’t prove that fascism is, in all respects, a perfect analogy for the Trump presidency. Yet when it comes to analyzing January 6, both Trump’s behavior and the broader GOP response to the event, [the] hearing proved that the analogy can be not only apt but illuminating.”

“Events like the 1922 March on Rome or 1923 Beer Hall Putsch help us understand the way in which attempts to forcefully seize power — even failed ones like the Putsch — can play a role in the rise of radical far-right movements. They help us understand the clarifying and organizing power of violence, the way in which banding together to hurt others can help solidify dangerous political tendencies.

And it helps us understand the potential for violence to recur, especially given the mainstream Republican Party’s continued whitewashing of January 6.

One of the defining elements of the interwar fascist ascendancy is the complicity of conservative elites — their belief that they could manipulate fascist movements for their own ends, empowering these movements while remaining in the driver’s seat. This is precisely how the mainstream Republican Party has approached Trump, even after a violent attempt to seize power exposed just how far he’s willing to go to hold power.”