600+ convictions for the events of January 6th. What comes next for Merrick Garland and Donald Trump?

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

May 4, 2023

Today began with another story about yet more ties between Supreme Court justice Clarence Thomas and Republican billionaire Harlan Crow. Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica reported that Crow paid the private school tuition for Thomas’s grandnephew, to the tune of more than $6,000 a month, ultimately adding up to an amount that may have been more than $150,000. Thomas did not report the payments.

Then news broke that a jury in Washington, D.C., found four members of the far-right extremist group the Proud Boys—Enrique Tarrio, Ethan Nordean, Joseph Biggs and Zachary Rehl—guilty of seditious conspiracy for their participation in the January 6, 2021 attack on the U.S. Capitol. A fifth defendant, Dominic Pezzola, was found not guilty of seditious conspiracy but, like the others, was found guilty of other serious charges including obstructing Congress’s certification of the 2020 presidential election results and conspiring to prevent Congress and federal officers from discharging their duties.

In a statement, Attorney General Merrick Garland noted that the Department of Justice has secured more than 600 convictions for criminal conduct surrounding the events of January 6, including fourteen “leaders of both the Proud Boys and the Oath Keepers for seditious conspiracy—specifically conspiring to oppose by force the lawful transfer of presidential power. Our work will continue,” he said.

It is unlikely that Garland’s statement about ongoing work was casual.

Defense attorneys for the Proud Boys emphasized that their clients believed then-president Trump—who, after all, had told them in September 2020 to “stand back and stand by”—had called them to Washington to overturn the results of the 2020 presidential election. Although there were no explicit orders to attack the Capitol, members of the Proud Boys testified that they believed there was an implicit agreement to prevent Biden from becoming president.

Tarrio, convicted today, was not at the Capitol during the attack, but a jury convicted him of seditious conspiracy nonetheless, suggesting that leaders who incited the violence can be found guilty, even if they weren’t present.

Today attorneys for E. Jean Carroll, who is suing the former president in a civil trial for battery and defamation connected with his alleged rape of her, rested their case. So did Trump’s lawyers, but District Judge Lewis Kaplan gave Trump the weekend to rethink testifying. “He has a right to testify which has been waived but if he has second thoughts, I’ll at least consider it and maybe we’ll see what happens,” Kaplan said.

Other investigations of the former president continue. The New York Times today broke the story that prosecutors in the office of Special Counsel Jack Smith investigating the storage of classified documents are talking to a confidential witness who worked for Trump at Mar-a-Lago. There are questions about whether Trump deliberately moved boxes containing documents in order to hide them from the Justice Department.

Meanwhile, the debt ceiling crisis has not gone away. Director of National Intelligence Avril Haines today told a Senate Armed Services Committee hearing on global threats that a U.S. default on our debts would enable both Russia and China to say “such an event [demonstrates] the chaos within the United States, that we’re not capable of functioning as a democracy, and the governance issues associated with it.” She explained: “It would be…almost a certainty that they would look to take advantage of the opportunity.”

Moody’s Analytics has weighed in on the economic effects of House speaker Kevin McCarthy’s (R-CA) plan, noting that with a clean debt limit increase, real gross domestic product is expected to grow 2.25% this year. Under McCarthy’s plan, that growth will be 1.6%. “The significant government spending cuts in the [plan] are substantial headwinds to near-term economic growth,” it wrote. “Adding to the economic headwinds created by the legislation is the considerable uncertainty created by having to address the debt limit again a year from now.”

Weirdly, Senator Mitt Romney (R-UT) at a Senate Budget Committee hearing today blamed Democrats for not raising the debt ceiling themselves last year without help from the Republicans. Kate Riga of Talking Points Memo broke down this argument. If the Democrats had raised the debt ceiling through reconciliation, without Republican votes, Republicans would have insisted that it was the Democrats, not them, who had burdened the country with debt when, in fact, the Republicans added almost $8 trillion to the debt under Trump.

Romney’s complaint amounts to berating the responsible Democrats for not protecting the country against the Republicans, who are willing to burn down the country. As Riga put it: “Darn you Democrats for not taking care of the debt ceiling then, because you knew we’d refuse to raise the limit unless you conceded to our demands, and look what a sticky spot we’re in now.”

Meanwhile, the editorial board of the Fresno Bee, from McCarthy’s district, today called out the speaker for approving the huge increases of the Trump years and, now that a Democrat is in the White House, insisting on drastic cuts. The board reiterated that the debt ceiling and the budget are separate issues. “McCarthy is pandering to the hard-right members who only backed him for House speaker on the 15th vote in exchange for concessions on the issues like the debt,” it said. “Speaker McCarthy, don’t take America to the brink of default. Stop the posturing, raise the debt ceiling, then have the honest budget debate the nation needs.”

Finally, the day ended where it began, with another scandal involving Justice Clarence Thomas.

This evening, Emma Brown, Shawn Boburg, and Jonathan O’Connell of the Washington Post broke the story that right-wing judicial activist Leonard Leo, who as a leader of the Federalist Society that backs originalist judges has been key to transforming the federal judiciary, a decade ago arranged for payments of tens of thousands of dollars to Thomas’s wife Ginni. Leo and Thomas are close friends.

In January 2012, Leo told Kellyanne Conway, who was then a Republican pollster, to bill the Judicial Education Project, a nonprofit organization with which he was associated, and then pass the money on to Ginni Thomas. He told Conway to “give” Thomas “another $25K,” and emphasized that she should include “No mention of Ginni, of course,” in the paperwork. She did so. Later that year, the Judicial Education Project filed a brief before the court in the landmark Shelby County v. Holder case, in which the court, by a vote of 5–4, gutted the 1965 Voting Rights Act.

Thomas voted on the side of the Judicial Education Project.

And this is the profound national crisis at the heart of the stories emerging about Thomas. His votes were decisive not only in Shelby County v. Holder, but also in the 2010 Citizens United v. Federal Election Commission decision, also decided by a vote of 5–4, which opened the floodgates for dark money in political campaigns. Those decisions dramatically undermined our democracy. It now seems imperative to grapple with the fact it appears a key vote on the court that decided those cases was compromised.

“They even broke into my safe!”

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

August 8, 2022

It’s been quite a day.

It began with Axios sharing photos of what purported to be White House toilets with torn up paper in them. The notes on that paper appear to have former president Trump’s distinctive handwriting on them. Axios got them from New York Times reporter Maggie Haberman, who has previously reported that Trump used to get rid of documents by flushing them. (By law, all presidential records must be retained.)

I am skeptical of these photos, myself—they seem a bit too perfect—but I do find the timing significant. If the photos are real, someone has had them for a long time but now feels that it is worth sharing them. If they are fake, they nonetheless demonstrate that Trump is a significantly diminished figure.

Next came news from the 2016 Trump campaign. Trump’s 2016 campaign chair, Paul Manafort, has written a book, and to sell it, he gave a long interview to Mattathias Schwartz of Insider. In the interview, Manafort admitted what the Senate Intelligence Committee said in their report about Russian interference in the 2016 election: he gave internal polling data from the Trump campaign to Konstantin Kilimnik, who, according to the Senate report, was a Russian intelligence agent. Manafort had previously denied this story.

Manafort told Schwartz that he was not trying to swing the election but hoped to convince pro-Russian oligarchs to do business deals with him by showing that he had access to Trump and that Trump could beat Democratic presidential candidate Secretary of State Hillary Clinton. Manafort says he didn’t know Kilimnick worked for Russian intelligence. Reached for the story, Kilimnick says he is a victim of people’s dislike of Russia.

Then, Trump’s presidency. In the New Yorker today, Susan B. Glasser and Peter Baker revealed that Trump and the generals of the United States Army were fundamentally at odds about how they viewed the United States. Trump wanted the generals to be loyal to him, as he believed “the German generals in World War II” were loyal to Adolf Hitler. (In fact, they tried repeatedly to assassinate him.) Trump tried to pack the military with loyalists; military leaders insisted that the military must not be taken over by a single leader.

After June 1, 2020, when Trump had nonviolent protesters cleared from Lafayette Square with tear gas and batons, Chair of the Joint Chiefs of Staff Mark Milley drafted a resignation letter in which he told Trump, “It is my belief that you were doing great and irreparable harm to my country” with his actions over the past weeks.

Milley explained that our Constitution means that “[a]ll men and women are created equal, no matter who you are, whether you are white or Black, Asian, Indian, no matter the color of your skin, no matter if you’re gay, straight or something in between. It doesn’t matter if you’re Catholic, Protestant, Muslim, Jew, or choose not to believe. None of that matters. It doesn’t matter what country you came from, what your last name is—what matters is we’re Americans. We’re all Americans.”

But Trump, he said, was siding with “tyrannies and dictatorships,” “fascism,” “Nazism,” and “extremism” and “ruining the international order” that the Greatest Generation defended in World War II.

While Milley did not, in the end, resign, he did take a public stand against Trump’s use of the military against Americans.

The January 6 attack on the U.S. Capitol was also in the news today: CNN’s Oliver Darcy reported that two years of text messages to and from conspiracy theorist and January 5 rally speaker Alex Jones have been sent to the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Jones’s lawyer had inadvertently sent the messages to opposing counsel during his recent trial.

And then, although the Department of Justice (DOJ) didn’t tip off anyone about this, even after it had begun, Trump tonight released a statement saying that the FBI was raiding Mar-a-Lago, his Palm Beach, Florida, property. “They even broke into my safe!” he complained. He called it “an attack by Radical Left Democrats” and said it was a sign that America has become a third-world country. But Trump himself appointed the current director of the FBI, Christopher Wray, after firing former director James Comey for investigating the ties of his 2016 campaign to Russia. Wray is hardly a “Left Democrat”; he served in the George W. Bush administration and is a member of the Federalist Society.

Legal analyst Joyce White Vance reminded people on Twitter: “We don’t know yet what crimes the FBI had sufficient evidence of to convince a federal judge there was probable cause to search Trump’s residence, but the execution of a search warrant isn’t a raid. It’s a judicially overseen process.” It appears that the search was about Trump’s removal of classified documents from the White House. (I told you: no one with any brains at all ever messes with archivists.)

As legal analyst Asha Rangappa noted, “a search warrant has to demonstrate probable cause that evidence of a crime will be found in the places and things searched.” And legal analyst Renato Mariotti adds that the Department of Justice doesn’t usually prosecute cases unless the material was deliberately transferred to a third party, and that it is unlikely DOJ would have obtained a search warrant if it did not expect to pursue a case.

Tonight, chief White House correspondent for CNN Kaitlan Collins reported that in early June, investigators had gone to Mar-a-Lago to learn more about the materials Trump had taken when he left the White House. They asked to see where the documents were stored, and Trump’s lawyers took them to a basement room. The search warrant executed today included a safe in Trump’s office, and journalist Laura Rozen reported that agents suspected that Trump had taken and was holding other classified documents after he returned many of them.

Political commentators noted that the law disqualifies from “holding any office under the United States” anyone who “willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies or destroys…any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk of officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States.”

Tonight, House minority leader Kevin McCarthy (R-CA) is expressing outrage, the Fox News Channel is talking about Hunter Biden, and Trump’s base is calling for war, but Senate minority leader Mitch McConnell (R-KY) is silent. For his part, Trump is fundraising off the executed search warrant.

One final story from today illustrates a central principle of democracy: the principle of accountability.

Today, U.S. District Judge Lisa Godbey Wood sentenced the men who stalked and murdered Ahmaud Arbery in February 2020 as he was jogging in Brunswick, Georgia. She sentenced Travis McMichael and his father Greg McMichael to an additional life sentence in prison on federal hate crime charges. Unlike the other two, their neighbor William “Roddie” Bryan did not bring a gun to the scene, a fact the judge noted when she sentenced him to 35 years. They will serve their sentences in state prison, although they asked for federal custody, saying they feared for their lives in state prison.

Accountability is not only about justice; it’s about deterrence.

On this day in 1974, President Richard Nixon announced that he would resign the office of the presidency the next day at noon. He did not admit wrongdoing in the Watergate scandal, although the House Judiciary Committee had voted to impeach him, the full House was sure to follow, and Republican senators warned him the Senate would vote to convict.

He never did admit wrongdoing, and he was never held accountable. Instead, the next president, Gerald R. Ford, pardoned him. And here we are, 48 years later, with a president and his followers outraged that he, like everyone else, must abide by the law.

A world based on lies signals democracy’s end

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

August 3, 2022

I have spent the day rereading the Senate Intelligence Committee report on Russian interference in the 2016 election, and the news of the day has heightened its relevance.

During the Trump administration, after an extensive investigation, the Republican-dominated Senate Intelligence Committee concluded that “the Russian government engaged in an aggressive, multifaceted effort to influence, or attempt to influence, the outcome of the 2016 presidential election…by harming Hillary Clinton’s chances of success and supporting Donald Trump at the direction of the Kremlin.” 

But that effort was not just about the election. It was “part of a broader, sophisticated, and ongoing information warfare campaign designed to sow discord in American politics and society…a vastly more complex and strategic assault on the United States than was initially understood…the latest installment in an increasingly brazen interference by the Kremlin on the citizens and democratic institutions of the United States.” It was “a sustained campaign of information warfare against the United States aimed at influencing how this nation’s citizens think about themselves, their government, and their fellow Americans.”

That effort is not limited to foreign nationals. This week, Alex Jones, a purveyor of conspiracy theories and false information on his InfoWars network—the tagline is “There’s a War on For Your Mind!”—is part of a civil trial to determine damages in his defamation of the parents of one of the victims of the Sandy Hook massacre in which 26 people, 20 of them small children, were murdered.

Jones claimed that the massacre wasn’t real, and his listeners harassed the grieving families. A number of families sued him. In the case currently in the news, Jones refused for years to comply with orders to hand over documents and evidence, so finally, in September, District Judge Maya Guerra Gamble of Travis County, Texas, issued a default judgment holding him responsible for all damages. Since the judge has repeatedly had to reprimand Jones for lying under oath during this trial, it seems that Jones intended simply to continue spinning a false story of his finances, his business practices, and his actions. 

The construction of a world based on lies is a key component of authoritarians’ takeover of democratic societies. George Orwell’s 1984 explored a world in which those in power use language to replace reality, shaping the past and people’s daily experiences to cement their control. They are constantly reconstructing the past to justify their actions in the present. In Orwell’s dystopian fantasy, Winston Smith’s job is to rewrite history for the Ministry of Truth to reflect the changing interests of a mysterious cult leader, Big Brother, who wants power for its own sake and enforces loyalty through The Party’s propaganda and destruction of those who do not conform. 

Political philosopher Hannah Arendt went further, saying that the lies of an authoritarian were designed not to persuade people, but to organize them into a mass movement. Followers would “believe everything and nothing,” Arendt wrote, “think that everything was possible and that nothing was true.” “The ideal subject” for such a dictator, Arendt wrote, was not those who were committed to an ideology, but rather “people for whom the distinction between fact and fiction…and the distinction between true and false…no longer exist.”

It has been a source of frustration to those eager to return our public debates to ones rooted in reality that lies that have built a certain right-wing personality cannot be punctured because of the constant sowing of confusion around them. Part of why the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol has been so effective is that it has carefully built a story out of verifiable facts. Because House minority leader Kevin McCarthy (R-CA) withdrew the pro-Trump Republicans from the committee, we have not had to deal with the muddying of the water by people like Representative Jim Jordan (R-OH), who specializes in bullying and hectoring to get sound bites that later turn up in on right-wing channels in a narrative that mischaracterizes what actually happened.

But today something happened that makes puncturing the bubble of disinformation personal. In the damages trial, the lawyer for the Sandy Hook parents, Mark Bankston, revealed that Jones’s attorney accidentally shared a digital copy of two years’ worth of the texts and emails on Jones’s phone and, when alerted to the error, didn’t declare it privileged. Thus Bankston is reviewing the material and has said that Jones lied under oath. This material includes both texts and financial reports that Jones apparently said didn’t exist.

This is a big deal for the trial, of course—perjury is a crime—and it is a bigger deal for those who have believed InfoWars, since it reveals how profitable the lies have been. Bankston revealed that for all of Jones’s claims of low income, in 2018 InfoWars made between $100,000 and $200,000 a day, and some days they made $800,000. But there is more. People calculating the math will note that if indeed there are two years of records on that phone, the messages will include the weeks around the events of January 6, 2021. 

Adam Rawnsley and Asawin Suebsaeng of Rolling Stone report that the January 6th committee will request the text messages and emails, which should cover the period around January 6. Jones, who has already spoken with the committee, played a role in the events of that day, whipping up supporters and speaking at a rally on January 5. He is also close to Stewart Rhodes, the leader of the Oath Keepers, who appeared often on Jones’s InfoWars show and provided Jones’s security. When he testified before the committee, Jones invoked his Fifth Amendment right against self-incrimination more than 100 times.

The January 6 insurrection relied on the Big Lie that Donald Trump had won the 2020 election, a lie that has dramatically destabilized our country. Republicans have only deepened their commitment to that lie since January 6. After yesterday’s Republican primaries, in Arizona, Michigan, Nevada, and Pennsylvania, all key states for 2024, election deniers have clinched the Republican nomination for secretary of state—the person in charge of elections—or the governor who would appoint that officer. 

In Arizona, Republican candidate for governor Kari Lake claimed there was fraud in her election, without evidence and even before the votes had been counted. “I’m gonna go supernova radioactive,” she told supporters. “We’re not gonna let them steal an election.” (Lake’s election is still unresolved as ballots are being counted.) 

If indeed Jones’s phone turns out to have key texts that go to the January 6 committee, it might provide more facts that will help to diminish the Big Lie. Tonight another piece of information about that lie came from Maggie Haberman and Luke Broadwater, who reported in the New York Times that John Eastman, the lawyer who produced the memo explaining the plan to have then–vice president Mike Pence overturn the 2020 presidential election, told Trump’s lawyer Rudy Giuliani that they must continue to fight even after January 6, suggesting they contest Georgia’s election of Jon Ossoff and the Reverend Raphael Warnock to the Senate in the hope that those races might yield the evidence of voter fraud that until then they hadn’t found. “A lot of us have now staked our reputations on the claims of election fraud, and this would be a way to gather proof,” he wrote.

Eastman also asked Giuliani to help him collect a $270,000 fee from the Trump campaign for his work on overturning the election, and he implied that the effort could be ongoing. 

Way back in 2004, an advisor to President George W. Bush told journalist Ron Suskind that people like Suskind were in “the reality-based community”: they believed people could find solutions based on their observations and careful study of discernible reality. But, the aide continued, such a worldview was obsolete. “That’s not the way the world really works anymore…. We are an empire now, and when we act, we create our own reality. And while you’re studying that reality—judiciously, as you will—we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out. We’re history’s actors…and you, all of you, will be left to just study what we do.”

I wonder if reality is starting to reassert itself.

Trump, GOP autocrats have declared democracy obsolete

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

July 24, 2022

Thursday’s public hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol brought to its logical conclusion the story of Trump’s attempt to overturn our democracy. After four years of destroying democratic norms and gathering power into his own hands, the former president tried to overturn the will of the voters. Trump was attacking the fundamental concept on which this nation rests: that we have a right to consent to the government under which we live.

Far from rejecting the idea of minority rule after seeing where it led, Republican Party lawmakers have doubled down.

They have embraced the idea that state legislatures should dominate our political system, and so in 2021, at least 19 states passed 34 laws to restrict access to voting. On June 24, in the Dobbs v. Jackson Women’s Health decision, the Supreme Court said that the federal government did not have the power, under the Fourteenth Amendment, to protect the constitutional right to abortion, bringing the other rights that amendment protects into question. When Democrats set out to protect some of those rights through federal legislation, Republicans in Congress overwhelmingly voted to oppose such laws.

In the House, Republicans voted against federal protection of an individual’s right to choose whether to continue or end a pregnancy and to protect a health care provider’s ability to provide abortion services: 209 Republicans voted no; 2 didn’t vote. That’s 99% of House Republicans.

They voted against the right to use contraception: 195 out of 209 Republicans voted no; 2 didn’t vote. That’s 96% of House Republicans.

They voted against marriage equality: 157 out of 204 Republicans voted no; 7 didn’t vote. That’s 77% of House Republicans.

They voted against a bill guaranteeing a woman’s right to travel across state lines to obtain abortion services: 205 out of 208 Republicans voted no; 3 didn’t vote. That’s 97% of House Republicans.

Sixty-two percent of Americans believe abortion should be legal. Seventy percent support gay marriage. More than 90% of Americans believe birth control should be legal. I can’t find polling on whether Americans support the idea of women being able to cross state lines without restrictions, but one would hope that concept is also popular. And yet, Republican lawmakers are comfortable standing firmly against the firm will of the people. The laws protecting these rights passed through the House thanks to overwhelming Democratic support but will have trouble getting past a Republican filibuster in the Senate.

When he took office, Democratic president Joe Biden recognized that his role in this moment was to prove that democracy is still a viable form of government.

Rising autocrats have declared democracy obsolete. They argue that popular government is too slow to respond to the rapid pace of the modern world, or that liberal democracy’s focus on individual rights undermines the traditional values that hold societies together, values like religion and ethnic or racial similarities. Hungarian president Viktor Orbán, whom the radical right supports so enthusiastically that he is speaking on August 4 in Texas at the Conservative Political Action Conference (CPAC), has called for replacing liberal democracy with “illiberal democracy” or “Christian democracy,” which will explicitly not treat everyone equally and will rest power in a single political party.

Biden has defended democracy across the globe, accomplishing more in foreign diplomacy than any president since Franklin Delano Roosevelt. Less than a year after the former president threatened to withdraw the U.S. from the North Atlantic Treaty Organization (NATO), Biden and Secretary of State Antony Blinken pulled together the NATO countries, as well as allies around the world, to stand against the Russian invasion of Ukraine. The new strength of NATO prompted Sweden and Finland to join the organization, and earlier this month, NATO ambassadors signed protocols for their admission. This is the most significant expansion of NATO in 30 years.

That strength helped to hammer out a deal between Russia and Ukraine with Turkey and the United Nations yesterday to enable Ukraine to export 22 million tons of grain and Russia to export grain and fertilizer to developing countries that were facing famine because of Russia’s blockade of Ukrainian ports. An advisor to the Ukrainian government called the agreement “a major win for Ukraine.” When a Russian attack on the Ukrainian port of Odesa today put that agreement under threat, U.S. ambassador to Ukraine Bridget A. Brink called the attack “outrageous.”

Biden has also defended democracy at home, using the power of the federal government to strengthen the ability of working Americans to support their families. As soon as Biden took office, Democrats passed the $1.9 trillion American Rescue Plan to rebuild the economy. It worked. The U.S. has added 10 million new jobs since Biden took office, and unemployment has fallen to 3.6%. That strong economy has meant higher tax revenues that, combined with the end of pandemic spending, have resulted in the budget deficit (the amount by which the government is operating in the red each year and thus adding to the national debt) dropping considerably during his term.

The strong economy has also led to roaring inflation, fed in part by supply chain issues and high gas prices. During the pandemic, as Americans turned to ordering online at the same time that factories closed down, shipping prices went through the roof. In the past year or so, outdated infrastructure at U.S. ports has slowed down turnaround while a shortage of truckers has slowed domestic supply chains. Biden’s administration worked to untangle the mess at ports by getting commitments from businesses and labor to extend hours, and launched new programs to increase the number of truckers in the country.

While oil companies are privately held and thus have no obligation to lower their prices rather than pocket the record profits they have enjoyed over the past year, Biden has nonetheless tried to ease gas prices by releasing oil from the strategic reserve and by urging allies to produce more oil for release onto the world market. Gas prices have declined for the past month and now average $4.41 a gallon, down from a high of more than $5 last month.

Last month, on June 25, Biden signed into law the first major gun safety bill in almost 30 years, having pulled together the necessary votes despite the opposition of the National Rifle Association. On July 21, he signed the bipartisan FORMULA (which stands for “Fixing Our Regulatory Mayhem Upsetting Little Americans”—I’m not kidding) Act to drop tariffs on baby formula for the rest of the year to make it easier to get that vital product in the wake of the closure of the Sturgis, Michigan, Abbott Nutrition plant for contamination, which created a national shortage. The Biden administration has also organized 53 flights of formula into the country, amounting to more than 61 million 8-ounce bottles.

While we have heard a lot about Biden’s inability to pass the Build Back Better part of his infrastructure plan because of the refusal of Republicans and Democratic senator Joe Manchin (WV) to get on board, Biden nonetheless shepherded a $1.2 trillion bipartisan infrastructure bill through this partisan Congress, investing in roads, bridges, public transportation, clean energy, and broadband. Last Thursday, Vice President Kamala Harris announced that 1 million households have signed up for credits to enable them to get broadband internet, a program financed by the Bipartisan Infrastructure Law.

Love or hate what Biden has done, he has managed to pull a wide range of countries together to stand against Russian president Vladimir Putin’s authoritarian attack in Ukraine, and he has managed get through a terribly divided Congress laws to make the lives of the majority better, even while Republicans are rejecting the idea that the government should reflect the will of the majority. That is no small feat.

Whether it will be enough to prove that democracy is still a viable form of government is up to us.

Trump: “An impressionable child” ?

Heather Cox Richardson | Letters from an American

HCR
Heather Cox Richardson

July 13, 2022

Today the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol held its seventh public hearing. This one focused on how former president Trump summoned right-wing extremists to Washington, D.C., on January 6, 2021, in a last ditch effort to overturn the 2020 election.

Committee members reiterated that Trump’s advisors had told him repeatedly that there was no evidence for his claims that the election had been corrupt. Again and again, White House officials demanded of Trump’s allies that they produce evidence of their accusations of fraud, and they never produced anything, choosing instead to attack those demanding evidence as disloyal to Trump. There is no doubt that Trump knew quite well there had been no fraud that would have changed the outcome of the election, and that he was lying when he continued to insist the election had been stolen.

Representative Liz Cheney (R-WY), the committee’s co-chair, began the hearing by noting that there had been a change recently in those defending Trump’s actions as it has been established that Trump’s advisors had made it clear to him the election was not stolen. From arguing that he didn’t know the election was fair, they have switched to suggesting that he was misled by bad actors like John Eastman, who articulated the plan to have Vice President Mike Pence refuse to count certain of Biden’s electors, or Trump lawyer Sidney Powell.

But, Cheney said in words carefully calculated to infuriate the former president: “This is nonsense. Trump is a 76-year-old man. He is not an impressionable child. Just like everyone else in this country, he is responsible for his own actions…. [He] [c]annot escape responsibility by being willfully blind.”

The focus in today’s hearing was on Trump’s actions between December 14, when the Electoral College met in all 50 states and in the District of Columbia to certify the ballots that elected Democrat Joe Biden, and the morning of January 6, when Trump pointed the rally-goers at the Ellipse toward the U.S. Capitol.

With the electoral votes certified for Biden on December 14, even then–Senate majority leader Mitch McConnell congratulated Biden publicly on his election, and numerous White House officials, including White House counsel Pat Cipollone, Attorney General Bill Barr, White House chief of staff Mark Meadows, and White House press secretary Kayleigh McEnany, either urged Trump to concede or began looking for new jobs on the assumption the White House would change hands on January 20.

But Trump and his allies looked to January 6, when those electoral votes would be counted, as the last inflection point at which they might be able to overturn the election.

On December 18, 2020, four days after the electors met, Trump’s outside advisors, including lawyers Rudy Giuliani and Sidney Powell, former national security advisor Michael Flynn, and Patrick Byrne, former chief executive officer of Overstock, got access to the White House through a junior staffer and met with Trump. They brought an executive order that had been drafted on December 15, the day after the electors had certified the votes for Biden. It called for Trump to order the Defense Department to seize state voting machines, and it appointed Powell as special counsel to investigate voter fraud, giving her broad powers. They wanted Trump to implement it.

Cipollone got wind of the meeting and crashed it about 15 minutes in. Over the next six hours, White House officials and the Trump team members who insisted the election was stolen faced off, exchanging personal insults, accusations of disloyalty to the president, even challenges to fight physically. Cipollone, White House lawyer Eric Herschmann, and their team demanded evidence to support the theories Trump’s outside team insisted were true. In turn, the outside team repeated conspiracy theories and accused the others of being wimps: Powell told the committee the White House team all should have been fired, and Giuliani told the committee he told them all they were “a bunch of p*ssies.”

In the end, Trump was convinced not to follow the direction of the outside advisors. But he didn’t take the advice of those officials telling him to concede, either. Instead, shortly after the meeting broke up, Meadows walked Giuliani out of the White House to make sure he didn’t sneak back into Trump’s company. Then, at 1:42 on the morning of December 19, Trump reiterated to followers that the election had been stolen and that there was no statistical way that he could have lost.

Then he typed the words: “Big protest in D.C. on January 6. Be there, will be wild!”

Immediately, his most loyal supporters recognized this tweet as a call for armed resistance. “Trump just told us all to come armed,” one tweeted. “F*cking A, this is happening.”

Far-right media, including Alex Jones of InfoWars, amplified Trump’s tweet with calls to violence. The committee introduced testimony from a former Twitter moderator who said: “We had not seen that sort of direct communication before” in which Trump was speaking directly to supporters and inciting them to fight. After the December 19 tweet, it was clear, the person said, “not only were these individuals ready and willing, but the leader of their cause was asking them to join him in this cause and in fighting for this cause in DC on January 6 as well.”

Supporters wrote comments like: “Why don’t we just kill them? Every last democrat, down to the last man, woman, and child?” and, making the link between Trump’s determination to stay in office and white supremacy: “It’s time for the DAY OF THE ROPE! WHITE REVOLUTION IS THE ONLY SOLUTION!”

As Trump continued to post about January 6 on Twitter and continued to insist he had won the election, militias, white supremacists, and conspiracy theorists began to work together to coordinate an attack on the Capitol. The Proud Boys and the Oath Keepers, along with other extremists groups, worked with Trump allies to plan the attack. Those allies included Michael Flynn and Patrick Byrne.

Another ally was Trump confidant Roger Stone, who talked both to the Proud Boys and the Oath Keepers “regularly.” The committee got access to an encrypted chat of the “Friends of Stone,” or “FOS,” including Stone, Oath Keepers leader Stewart Rhodes, Proud Boys leader Enrique Tarrio and agitator Ali Alexander. Kelly Meggs, the leader of the Florida Oath Keepers, spoke directly with Stone about security on January 5 and 6. Stone was guarded on January 6 by two Oath Keepers who have been indicted for seditious conspiracy.

Stone was also close enough to the Proud Boys to have “taken their so-called fraternity creed required for the first level of initiation to the group.” The clip of that oath shows him saying: “Hi, I’m Roger Stone. I’m a Western chauvinist, and I refuse to apologize for creating the modern world.”

The committee made it clear that Trump deliberately created the crisis on January 6. Katrina Pierson, organizer of the Ellipse rally, was so worried about Stone, Jones, and Alexander as speakers at the rally, that she talked to Meadows on January 2 about them, warning a fellow organizer that Trump “likes the crazies.” On that same day, Meadows warned his assistant Cassidy Hutchinson that things could get “real, real bad” on January 6.

The committee produced evidence from a number of emails and tweets from Trump and other organizers saying that after the rally, Trump would urge attendees to march to the Capitol, undercutting the argument that the move was spontaneous. In fact, it was long planned.

The committee also introduced evidence that the White House coordinated with members of Congress to encourage the Big Lie and to fight the election results. Representative Mo Brooks (R-AL) set up a meeting between members of Congress (and one member-elect) on December 21, with the subject line: “White House meeting December 21 regarding January 6.” That meeting included Trump, Pence, Meadows, Giuliani, and ten representatives: Brian Babin (R-TX), Andy Biggs (R-AZ), Matt Gaetz (R-FL), Louie Gohmert (R-TX), Paul Gosar (R-AZ), Andy Harris (R-MD), Jody Hice (R-GA), Jim Jordan (R-OH), Scott Perry (R-PA), and recently elected Marjorie Taylor Greene (R-GA).

This sheds light on Trump’s comment to officials from the Department of Justice in which he asked them just to say the election was corrupt and leave the rest up to him and the Republican congress members. A number of those involved in the meeting later asked for presidential pardons.

Some in Trump’s inner circle were excited about what was to come. Phone logs show Trump spoke to confidant Steve Bannon at least twice on January 5. After the first call, Bannon said on his podcast that “all hell is going to break loose tomorrow.” “It’s all converging and now we’re on…the point of attack.” “I’ll tell you this: it’s not going to happen like you think it’s going to happen…. It’s going to be quite extraordinarily different and all I can say is strap in.”

That night, as supporters gathered at Freedom Plaza to hear the extremist speakers who had been excluded from the event of January 6, including Roger Stone, Michael Flynn, Alex Jones, and Ali Alexander, Trump was in a notably good mood for the first time in weeks. Stone told the crowd it was in an “epic struggle for the future of this country between dark and light, between the godly and the godless, between good and evil. And we will win this fight or America will step off into a thousand years of darkness.”

In his speech the next day at the Ellipse, Trump insisted on inserting attacks on Pence and urging his supporters to “fight like hell [or] you’re not going to have a country anymore.” That rhetoric, former Trump campaign manager Brad Parscale told Pierson, had caused people to die.

Today’s hearing ended with the testimony of former Oath Keepers social media manager Jason Van Tatenhove, who warned that the Oath Keepers are a danger to the country, and a Trump supporter, Stephen Ayers, who was not affiliated with any right-wing groups but who stormed the Capitol after Trump told him to. Both of them blamed themselves for being misled by Trump and extremism. Van Tatenhove warned that the danger is ongoing.

As if on cue, Cheney dropped the information that since the last hearing, Trump has tried to reach a witness with a personal phone call. The witness avoided the call and contacted a lawyer instead. This attempt smacks of desperation on Trump’s part, as well of isolation: no one would do the dirty job of intimidating a witness for him. The committee sent the information about this attempt, which involves someone the public has not yet seen testify, to the Department of Justice.

More and more, witnesses seem to be siding with transparency and the committee rather than with Trump. Today, Dan Friedman of Mother Jones published a tape of Bannon on October 31, 2020, laughing as he explains to a private audience that Trump will “win” in 2020 simply by declaring he won, even if he didn’t.

Trump knew that Democratic mail in ballots would show up in the vote totals later than Republican votes cast on election day, “[a]nd Trump’s going to take advantage of it,” Bannon said. “That’s our strategy. He’s gonna declare himself a winner…. So when you wake up Wednesday morning, it’s going to be a firestorm,” he said. “You’re going to have antifa, crazy. The media, crazy. The courts are crazy. And Trump’s gonna be sitting there mocking, tweeting sh*t out: ‘You lose. I’m the winner. I’m the king.’”

And, Bannon continued: “Here’s the thing. After then, Trump never has to go to a voter again…. He’s gonna say ‘F*ck you. How about that?’ Because…he’s done his last election. Oh, he’s going to be off the chain—he’s gonna be crazy.”