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Key Findings From the Jan. 6 Committee’s Report, Annotated

The House select committee investigating the Jan. 6, 2021, attack on the Capitol outlined 17 specific findings on Monday in the executive summary of its final report. Here are the findings, with additional context.

1. Beginning election night and continuing through Jan. 6 and thereafter, Donald Trump purposely disseminated false allegations of fraud related to the 2020 presidential election in order to aid his effort to overturn the election and for purposes of soliciting contributions. These false claims provoked his supporters to violence on Jan. 6.

Annotation: This reflects the committee’s finding that Mr. Trump’s repeated false claims that the election was rigged had both a political and financial motive. During its second hearing, the panel introduced evidence that Trump supporters donated nearly $100 million to Mr. Trump’s so-called Election Defense Fund but that the money flowed instead into a super PAC the president had created. It was not just “the big lie,” the committee said. It was also “the big rip-off.”

2. Knowing that he and his supporters had lost dozens of election lawsuits, and despite his own senior advisers refuting his election fraud claims and urging him to concede his election loss, Donald Trump refused to accept the lawful result of the 2020 election. Rather than honor his constitutional obligation to “take care that the laws be faithfully executed,” President Trump instead plotted to overturn the election outcome.

Annotation: Mr. Trump and his allies filed more than 60 lawsuits challenging the results of the election and lost all but one of them. Many of the suits, the committee determined, were brought even after some of Mr. Trump’s closest aides — including his campaign manager, Bill Stepien, and his attorney general, William P. Barr — told him that there was no fraud that could have changed the outcome of the race.

3. Despite knowing that such an action would be illegal, and that no state had or would submit an altered electoral slate, Donald Trump corruptly pressured Vice President Mike Pence to refuse to count electoral votes during Congress’s joint session on Jan. 6.

Annotation: The committee discovered that the lawyer John Eastman had advised Mr. Trump to undertake a campaign to push Mr. Pence into single-handedly deciding the election in his favor even though there was evidence that Mr. Eastman knew the plan was illegal. Some of Mr. Pence’s own aides told Mr. Trump the same, but he pressured Mr. Pence nonetheless.

4. Donald Trump sought to corrupt the U.S. Department of Justice by attempting to enlist department officials to make purposely false statements and thereby aid his effort to overturn the presidential election. After that effort failed, Donald Trump offered the position of acting attorney general to Jeff Clark knowing that Clark intended to disseminate false information aimed at overturning the election.

Annotation: After leaders in the Justice Department — including Jeffrey Rosen, the acting attorney general, and Richard Donoghue, his deputy — told Mr. Trump that he was wrong about his claims concerning fraud in the election, Mr. Trump wanted to appoint Mr. Clark, a loyalist, to run the department. Mr. Clark had promised to send out letters to leaders in key swing states saying that prosecutors had in fact found fraud in the election. The president decided not to appoint Mr. Clark only after several senior department officials threatened to quit if he did.

5. Without any evidentiary basis and contrary to state and federal law, Donald Trump unlawfully pressured state officials and legislators to change the results of the election in their states.

Annotation: In the weeks that followed the election, Mr. Trump and his allies had calls and meetings with local officials in key swing states like Michigan and Arizona in which they pressured the officials to use their powers to assign electors from the states to him. More famously, Mr. Trump also asked Brad Raffensperger, Georgia’s secretary of state, to help him “find” the 11,000 votes he needed to win the election there.

6. Donald Trump oversaw an effort to obtain and transmit false electoral certificates to Congress and the National Archives.

Annotation: This refers to one of Mr. Trump’s most expansive schemes to maintain his grip on power: a plan to have state officials create and submit fake electors pledged to him in seven swing states that were actually won by Joseph R. Biden Jr.

7. Donald Trump pressured members of Congress to object to valid slates of electors from several states.

Annotation: The committee found that Mr. Trump also played a role in a plan closely related to the fake-electors scheme: He helped to persuade 139 House Republicans to dispute the Electoral College count on the day the Capitol was attacked.

8. Donald Trump purposely verified false information filed in federal court.

Annotation: In December 2020, Mr. Trump filed a lawsuit in Fulton County, Ga., contending that thousands of votes had been improperly counted and citing specific numbers of dead people, felons and unregistered voters who had cast ballots. Mr. Trump signed an official attestation attached to the suit swearing that the data in it was accurate despite the fact that one of his own lawyers, Mr. Eastman, had determined it was false.

9. Based on false allegations that the election was stolen, Donald Trump summoned tens of thousands of supporters to Washington for Jan. 6. Although these supporters were angry and some were armed, Donald Trump instructed them to march to the Capitol on Jan. 6 to “take back” their country.

Annotation: The committee determined that a tweet posted by Mr. Trump on Dec. 19, 2020, announcing a “wild” protest in Washington on Jan. 6 was heard as a clarion call by both far-right extremists and ordinary Trump supporters who sprang into action preparing for the event. When they got to Washington for the rally, Mr. Trump’s speech calling on them to “fight like hell” was a central driver in sending them on toward the Capitol.

10. Knowing that a violent attack on the Capitol was underway and knowing that his words would incite further violence, Donald Trump purposely sent a social media message publicly condemning Vice President Pence at 2:24 p.m. on Jan. 6.

Annotation: The tweet the committee is referring to here said, “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.” Court papers show that some rioters at the Capitol responded directly to it by pushing toward and ultimately into the building.

11. Knowing that violence was underway at the Capitol, and despite his duty to ensure that the laws are faithfully executed, Donald Trump refused repeated requests over a multiple-hour period that he instruct his violent supporters to disperse and leave the Capitol, and instead watched the violent attack unfold on television. This failure to act perpetuated the violence at the Capitol and obstructed Congress’s proceeding to count electoral votes.

Annotation: The committee accused Mr. Trump of “a dereliction of duty” for letting nearly three hours pass between learning that the Capitol was under siege and calling for his supporters to leave the Capitol grounds. During that time, several people close to him — including his daughter Ivanka — begged Mr. Trump to issue a statement that would calm down the crowd.

12. Each of these actions by Donald Trump was taken in support of a multipart conspiracy to overturn the lawful results of the 2020 presidential election.

13. The intelligence community and law enforcement agencies did successfully detect the planning for potential violence on Jan. 6, including planning specifically by the Proud Boys and Oath Keeper militia groups who ultimately led the attack on the Capitol. As Jan. 6 approached, the intelligence specifically identified the potential for violence at the Capitol. This intelligence was shared within the executive branch, including with the Secret Service and the president’s National Security Council.

14. Intelligence gathered in advance of Jan. 6 did not support a conclusion that antifa or other left-wing groups would likely engage in a violent counterdemonstration, or attack Trump supporters on Jan. 6. Indeed, intelligence from Jan. 5 indicated that some left-wing groups were instructing their members to “stay at home” and not attend on Jan. 6. Ultimately, none of these groups was involved to any material extent with the attack on the Capitol on Jan. 6.

15. Neither the intelligence community nor law enforcement obtained intelligence in advance of Jan. 6 on the full extent of the ongoing planning by President Trump, John Eastman, Rudolph Giuliani and their associates to overturn the certified election results. Such agencies apparently did not (and potentially could not) anticipate the provocation President Trump would offer the crowd in his Ellipse speech, that President Trump would “spontaneously” instruct the crowd to march to the Capitol, that President Trump would exacerbate the violent riot by sending his 2:24 p.m. tweet condemning Vice President Pence, or the full scale of the violence and lawlessness that would ensue. Nor did law enforcement anticipate that President Trump would refuse to direct his supporters to leave the Capitol once violence began. No intelligence community advance analysis predicted exactly how President Trump would behave; no such analysis recognized the full scale and extent of the threat to the Capitol on Jan. 6.

Annotation for 13, 14 and 15: The committee has faced criticism, especially from Republicans, for not focusing more attention on the failures by intelligence and law enforcement officials on Jan. 6 and in the weeks leading up to the Capitol attack. But the panel did present some preliminary findings and may ultimately issue a separate report.

16. Hundreds of Capitol and D.C. Metropolitan Police officers performed their duties bravely on Jan. 6, and America owes those individual immense gratitude for their courage in the defense of Congress and our constitution. Without their bravery, Jan. 6 would have been far worse. Although certain members of the Capitol Police leadership regarded their approach to Jan. 6 as “all hands on deck” the Capitol Police leadership did not have sufficient assets in place to address the violent and lawless crowd. Capitol Police leadership did not anticipate the scale of the violence that would ensue after President Trump instructed tens of thousands of his supporters in the Ellipse crowd to march to the Capitol, and then tweeted at 2:24 p.m. Although Chief Steven Sund raised the idea of National Guard support, the Capitol Police Board did not request Guard assistance prior to Jan. 6. The Metropolitan Police took an even more proactive approach to Jan. 6, and deployed roughly 800 officers, including responding to the emergency calls for help at the Capitol. Rioters still managed to break their line in certain locations, when the crowd surged forward in the immediate aftermath of Donald Trump’s 2:24 p.m. tweet. The Department of Justice readied a group of federal agents at Quantico and in the District of Columbia, anticipating that Jan. 6 could become violent, and then deployed those agents once it became clear that police at the Capitol were overwhelmed. Agents from the Department of Homeland Security were also deployed to assist.

17. President Trump had authority and responsibility to direct deployment of the National Guard in the District of Columbia, but never gave any order to deploy the National Guard on Jan. 6 or on any other day. Nor did he instruct any federal law enforcement agency to assist. Because the authority to deploy the National Guard had been delegated to the Department of Defense, the secretary of defense could, and ultimately did, deploy the Guard. Although evidence identifies a likely miscommunication between members of the civilian leadership in the Department of Defense impacting the timing of deployment, the committee has found no evidence that the Department of Defense intentionally delayed deployment of the National Guard. The select committee recognizes that some at the department had genuine concerns, counseling caution, that President Trump might give an illegal order to use the military in support of his efforts to overturn the election.

Annotation: The question of why it took so long to deploy the National Guard to the Capitol is one of the enduring mysteries of Jan. 6. While the committee sharply criticized Mr. Trump for failing to taking action that day, it also found that there was no evidence the deployment of the Guard was delayed for political reasons.


Source: Elections - nytimes.com


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