“For nearly three hours, according to the committee, Trump watched Fox News as it broadcast live images of the Capitol being breached and the mob attacking law enforcement officers. That matched previous press reports about Trump’s activities at the time.
The committee shared testimony from numerous White House officials reinforcing the fact that Trump did nothing to reach out to law enforcement or military officials during this time. They also provided evidence that, during this period, Trump called Rudy Giuliani, and he called senators to lobby them to support his efforts to overturn the 2020 election.
White House staff, including Matthews and White House counsel Pat Cipollone, were beseeching Trump to communicate something to quell the violence as it began to unfold near the Capitol. Trump, also aware of the violence, instead tweeted disparagingly about Vice President Mike Pence.
“The tweet looked to me like the opposite of what we needed at that moment, which was a de-escalation,” Pottinger said. “It looked like fuel being poured on the fire. That is the moment I decided I would resign.”
“I see the impact that his words have on his supporters,” said Matthews, who had previously worked on Trump’s 2020 election campaign. “They latch onto every tweet and word that he says. For him to tweet out that message about Mike Pence, it was him pouring gasoline on the fire and making it much worse.””
“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.”
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“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.”
“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.”
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“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.”
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“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.”
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” 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.”
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“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.”
“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.””
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“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.”
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“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.”
“Barr, along with other administration officials, described playing “whack-a-mole” with Trump’s false claims of fraud.
Every time one false claim was dispelled, they said, the former president would bring up another. Aides repeatedly intervened to tell Trump that he had lost the election, and described taking each claim seriously, investigating it until they had the facts and reporting back to Trump. Former acting Attorney General Richard Donoghue described one meeting during which Trump seemed to accept the gathered evidence, but for each conspiracy theory aides were able to explain away, he had another he’d latch onto.
Barr described one popular conspiracy theory around the 2020 election, that it had been rigged by voting machine malfeasance, as “idiotic.” Other Justice Department officials testified that they repeatedly insisted to Trump that other conspiracy theories around the election were simply “not true,” including viral claims of ballot box stuffing in Georgia promoted by Giuliani or Trump’s false claims of “big massive dumps” of illegal votes.
Essentially, the committee suggested, Trump knew or should have known that his lies about the election were, as Barr put it, “bullshit.” But he repeated them anyway, which helped lead to the violence on January 6.”
“In the second January 6 hearing, House lawmakers argued Monday that former President Donald Trump not only engaged in the “big lie” — promoting the false narrative that the election was stolen from him — but also what they dubbed the “big ripoff.” Effectively, they said, Trump conned his supporters into giving him $250 million to contest the election results, while actually funneling many of those funds elsewhere, including to a nonprofit led by former chief of staff Mark Meadows and to Trump’s own hotels.
“We found evidence that the Trump campaign and its surrogates misled donors as to where their funds would go and what they would be used for,” Rep. Zoe Lofgren (D-CA) said in a closing statement for the hearing. “So not only was there the big lie, there was the big ripoff.”
As video testimony from former Trump campaign officials revealed, small-dollar donors were bombarded with emails to donate to an official “Election Defense Fund” in the wake of the 2020 election. Those donors were told that fund was aimed at combating (nonexistent) election fraud. In reality, however, no such fund existed, according to the House committee investigating the January 6, 2021, Capitol riot.
“I don’t believe there was actually a fund called the Election Defense Fund,” Hanna Allred, a former Trump campaign staffer, testified to the committee. Ultimately, the fund was what another staffer categorized as a “marketing tactic” to bring in more money, most of which did not go to election-related litigation.
Instead, many of the funds were directed to a newly created Save America PAC, which has contributed millions to other pro-Trump groups. That includes $1 million to the Conservative Partnership Institute, a charity foundation helmed by Meadows, $5 million to Event Strategies Inc., the vendor that put on Trump’s January 6 rally, and $204,857 to the Trump Hotel Collection.”
“After President Joe Biden nominated Ketanji Brown Jackson for the Supreme Court, Reason’s Damon Root noted that she “has shown admirable judgment in criminal justice cases.” One especially telling example is Jackson’s handling of people charged with possessing or sharing child pornography, who face absurdly long sentences under federal law even when they have never committed any offenses involving contact with a victim.
Questioning those sentences is politically perilous, since people tend to erroneously assume that anyone who looks at such pictures is a current or future child molester. Yet as a judge on the U.S. District Court for the District of Columbia, Jackson frequently imposed sentences below the range recommended by federal guidelines. Sen. Josh Hawley (R–Mo.), a former Missouri attorney general, thinks those decisions reveal an “alarming pattern” of “sentencing leniency for sex criminals,” whom he equates with “child predators.”
Hawley has no idea what he is talking about. His mindlessly punitive attitude elides crucial distinctions and ignores the fact that many federal judges agree with Jackson that the recommended sentences for possessing child pornography are frequently excessive.
Jackson, who is currently a judge on the U.S. Court of Appeals for the District of Columbia Circuit, was a member of the U.S. Sentencing Commission (USSC) from 2009 to 2014. During that time, Jackson recognized that people caught with child pornography do not necessarily pose a threat to public safety. Hawley cites a hearing at which Jackson said she had mistakenly “assumed that child pornography offenders are pedophiles” and was “trying to understand this category of nonpedophiles who obtain child pornography.”
While Hawley implies that Jackson’s interest in this subject is clearly crazy, it is consistent with research that underlines the importance of a distinction that Hawley ignores in his haste to score cheap political points. As Karl Hanson, a senior research scientist at Public Safety Canada and a leading expert on sex offenders, told me more than a decade ago, “there does exist a distinct group of offenders who are Internet-only and do not present a significant risk for hands-on sex offending.”
Recidivism research supports that observation. A 2021 USSC study, for example, tracked 1,093 nonproduction child pornography offenders who were released from prison in 2005. Three years later, it found, 3.3 percent had been arrested for a “non-contact sex offense” (which would include possession of child pornography). Just 1.3 percent had been arrested for a “contact sex offense.” Even allowing for crimes that were not reported, these finding suggests this category of sex offenders is far less dangerous than people commonly imagine.
Hawley is completely uninterested in such findings. He even faults Jackson for referring to “less-serious child pornography offender[s],” a complaint that bizarrely implies there are no differences among such defendants that might be relevant to the punishment they receive. As far as lawmakers like Hawley are concerned, there is no such thing as an excessively severe sentence for possessing child pornography.”
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“In fiscal year 2019, the USSC found, 59 percent of nonproduction offenders received sentences below the guideline range, compared to less than 16 percent in FY 2005. “There had been a steady increase in the percentage of sentences imposed below the applicable guideline range in non-production child pornography cases,” the USSC notes, “which indicate[s] that courts increasingly believed the sentencing scheme for such offenders was overly severe.”
In other words, the downward departures that Hawley presents as aberrant, marking Jackson as especially soft on “sex criminals,” are actually typical.”
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“Hawley’s case against Jackson is based entirely on the unquestioned assumption that the current sentencing scheme is just and that any downward deviations from it must be inappropriately lenient. He cites one defendant, for example, who “had more than 600 images and videos and posted many on a public blog.” The guidelines recommended a sentence of 151 to 188 months, but “Judge Jackson settled on 60 months, the lowest possible sentence allowed by law.”
While a sentence of 12 to 15 years might be appropriate (or even too lenient) for someone who sexually abuses a child, Hawley thinks it’s obviously just for a defendant whose crimes consisted of nothing more than collecting and sharing images of such abuse. He likewise thinks it’s obvious that a five-year sentence for such conduct is akin to a slap on the wrist. Many people, including many federal judges, disagree.
Hawley’s sense of justice does not even comport with the views of average citizens who serve on federal juries. In a 2014 case involving a defendant who was caught with 1,500 child porn images on his computer, for example, James Gwin, a federal judge in Cleveland, asked the jurors what they thought an appropriate sentence would be. On average, they recommended a prison term of 14 months—far shorter than the mandatory minimum (five years), the sentence recommended by prosecutors (20 years), and the term indicated by federal sentencing guidelines (27 years).
Taking a cue from the jury, Gwin sentenced the defendant to five years, the minimum required by statute, which was one-quarter the term that prosecutors wanted but still four times longer than the jurors deemed fair. No doubt Hawley would consider five years insufficient in that case as well. But he does not bother to defend that position, except by lazily and ignorantly classifying all such defendants as “sex criminals” who are “preying on children.”
As a federal judge in Iowa, Mark W. Bennett likewise found that jurors did not agree with the sentences that Hawley believes are self-evidently appropriate. “Every time I ever went back in the jury room and asked the jurors to write down what they thought would be an appropriate sentence,” Bennett told The Marshall Project’s Eli Hager in 2015, “every time—even here, in one of the most conservative parts of Iowa, where we haven’t had a ‘not guilty’ verdict in seven or eight years—they would recommend a sentence way below the guidelines sentence. That goes to show that the notion that the sentencing guidelines are in line with societal mores about what constitutes reasonable punishment—that’s baloney.””
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“”Protecting the most vulnerable shouldn’t be up for debate,” Hawley says. “Sending child predators to jail shouldn’t be controversial.” But the issue is not whether “child predators” should go to jail. It is whether defendants who are not “child predators” should be imprisoned for, say, 14 months (as the jurors in the Ohio case recommended), five years (the mandatory minimum in that case), or, as Hawley presumably would prefer, the 27 years recommended by federal sentencing guidelines.”
“While these facts are pretty damning, open-minded senators (assuming any exist) would be interested in further exploring Trump’s motives by examining relevant documents and hearing from officials (such as Mulvaney and former National Security Adviser John Bolton) who directly interacted with the president before, during, and after the aid freeze. Maybe the inferences that Sondland and other underlings drew about Trump’s reason for blocking the money were mistaken. Maybe Trump’s after-the-fact explanations, however implausible they might seem, are true. But unless several Republican senators side with Democrats in seeking additional evidence, those crucial questions will remain unanswered during Trump’s trial.”
“About 99 percent of asylum seekers who were not detained or who were previously released from immigration custody showed up for their hearings over the last year, according to new data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, a think tank that tracks data in the immigration courts.
Studies from previous years have also disproven the idea that most migrants will choose to live in the US without authorization rather than see their immigration cases through. But it’s nevertheless a central idea in Trump’s immigration policies, including those that aim to keep migrants in Mexico rather than letting them walk free in the US.”
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“Data from the DOJ suggests that the rate at which migrants overall show up for their immigration court proceedings is lower than the rate TRAC cites. In 2018, the most recent year for which data is available, about 75 percent of migrants showed up for their court hearings in 2018 — similar to rates over the previous five years. The DOJ has also reported that the number of migrants and asylum seekers who fail to show up for their hearings is on the rise.”
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“There are comparatively low-cost alternatives to keeping immigrants in detention or sending them abroad, including the now-defunct Obama-era Family Case Management Program. Under that program, which Trump ended in June 2017, families were released and assigned to social workers who aided them in finding attorneys and accommodation and ensured that they showed up for their court hearings.
The program was small in scale, with no more than 1,600 people enrolled at any one time, but appeared to be successful in ensuring that 99 percent of participants showed up for their court appearances and ICE check-ins.”