More stories

  • in

    McConnell and McCarthy’s Jan. 6 Fury at Trump Faded by February

    In the days after the attack, Representative Kevin McCarthy planned to tell Mr. Trump to resign. Senator Mitch McConnell told allies impeachment was warranted. But their fury faded fast.In the days after the Jan. 6 attack on the Capitol building, the two top Republicans in Congress, Representative Kevin McCarthy and Senator Mitch McConnell, told associates they believed President Trump was responsible for inciting the deadly riot and vowed to drive him from politics. Mr. McCarthy went so far as to say he would push Mr. Trump to resign immediately: “I’ve had it with this guy,” he told a group of Republican leaders.But within weeks both men backed off an all-out fight with Mr. Trump because they feared retribution from him and his political movement. Their drive to act faded fast as it became clear it would mean difficult votes that would put them at odds with most of their colleagues.“I didn’t get to be leader by voting with five people in the conference,” Mr. McConnell, the Senate Republican leader, told a friend.The confidential expressions of outrage from Mr. McCarthy and Mr. McConnell, which have not been previously reported, illustrate the immense gulf between what Republican leaders say privately about Mr. Trump and their public deference to a man whose hold on the party has gone virtually unchallenged for half a decade.The leaders’ swift retreat in January 2021 represented a capitulation at a moment of extraordinary political weakness for Mr. Trump — perhaps the last and best chance for mainstream Republicans to reclaim control of their party from a leader who had stoked an insurrection against American democracy itself.This account of the private discussions among Republican leaders in the days after the Jan. 6 attack is adapted from a new book, “This Will Not Pass: Trump, Biden and the Battle for America’s Future,” which draws on hundreds of interviews with lawmakers and officials, and contemporaneous records of pivotal moments in the 2020 presidential campaign.Mr. McConnell’s office declined to comment. Mark Bednar, a spokesman for Mr. McCarthy, denied that the Republican leader told colleagues he would push Mr. Trump to leave office. “McCarthy never said he’d call Trump to say he should resign,” Mr. Bednar said.Representative Kevin McCarthy in the Capitol two weeks after the riot.Erin Schaff/The New York TimesNo one embodies the stark accommodation to Mr. Trump more than Mr. McCarthy, a 57-year-old Californian who has long had his sights set on becoming speaker of the House. In public after Jan. 6, Mr. McCarthy issued a careful rebuke of Mr. Trump, saying that he “bears responsibility” for the mob that tried to stop Congress from officially certifying the president’s loss. But he declined to condemn him in sterner language.In private, Mr. McCarthy went much further.On a phone call with several other top House Republicans on Jan. 8, Mr. McCarthy said Mr. Trump’s conduct on Jan. 6 had been “atrocious and totally wrong.” He faulted the president for “inciting people” to attack the Capitol, saying that Mr. Trump’s remarks at a rally on the National Mall that day were “not right by any shape or any form.”During that conversation, Mr. McCarthy inquired about the mechanism for invoking the 25th Amendment — the process whereby the vice president and members of the cabinet can remove a president from office — before concluding that was not a viable option. Mr. McCarthy, who was among those who objected to the election results, was uncertain and indecisive, fretting that the Democratic drive to impeach Mr. Trump would “put more fuel on the fire” of the country’s divisions.But Mr. McCarthy’s resolve seemed to harden as the gravity of the attack — and the potential political fallout for his party — sank in. Two members of Mr. Trump’s cabinet had quit their posts after the attack and several moderate Republican governors had called for the president’s resignation. Video clips of the riot kept surfacing online, making the raw brutality of the attack ever more vivid in the public mind.The mob breaking into the Capitol.Win McNamee/Getty ImagesOn Jan. 10, Mr. McCarthy spoke again with the leadership team and this time he had a plan in mind.The Democrats were driving hard at an impeachment resolution, Mr. McCarthy said, and they would have the votes to pass it. Now he planned to call Mr. Trump and tell him it was time for him to go.“What he did is unacceptable. Nobody can defend that and nobody should defend it,” he told the group.Mr. McCarthy said he would tell Mr. Trump of the impeachment resolution: “I think this will pass, and it would be my recommendation you should resign.”He acknowledged it was unlikely Mr. Trump would follow that suggestion.Mr. McCarthy spent the four years of Mr. Trump’s presidency as one of the White House’s most obedient supporters in Congress. Since Mr. Trump’s defeat, Mr. McCarthy has appeased far-right members of the House, some of whom are close to the former president. Mr. McCarthy may need their support to become speaker, a vote that could come as soon as next year if the G.O.P. claims the House in November.Representative Kevin McCarthy with Mr. Trump in Bakersfield, Calif., in 2020.Doug Mills/The New York TimesBut in a brief window after the storming of the Capitol, Mr. McCarthy contemplated a total break with Mr. Trump and his most extreme supporters.During the same Jan. 10 conversation when he said he would call on Mr. Trump to resign, Mr. McCarthy told other G.O.P. leaders he wished the big tech companies would strip some Republican lawmakers of their social media accounts, as Twitter and Facebook had done with Mr. Trump. Members such as Lauren Boebert of Colorado had done so much to stoke paranoia about the 2020 election and made offensive comments online about the Capitol attack.“We can’t put up with that,” Mr. McCarthy said, adding, “Can’t they take their Twitter accounts away, too?”Mr. McCarthy “never said that particular members should be removed from Twitter,” Mr. Bednar said.Other Republican leaders in the House agreed with Mr. McCarthy that the president’s behavior deserved swift punishment. Representative Steve Scalise of Louisiana, the second-ranking House Republican, said on one call that it was time for the G.O.P. to contemplate a “post-Trump Republican House,” while Representative Tom Emmer of Minnesota, the head of the party’s House campaign committee, suggested censuring Mr. Trump.Yet none of the men followed through on their tough talk in those private conversations.In the following days, Mr. McCarthy heard from some Republican lawmakers who advised against confronting Mr. Trump. In one group conversation, Representative Bill Johnson of Ohio cautioned that conservative voters back home “go ballistic” in response to criticism of Mr. Trump, demanding that Republicans instead train their denunciations on Democrats, such as Hillary Clinton and Hunter Biden.“I’m just telling you that that’s the kind of thing that we’re dealing with, with our base,” Mr. Johnson said.When only 10 House Republicans joined with Democrats to support impeaching Mr. Trump on Jan. 13, the message to Mr. McCarthy was clear.By the end of the month, he was pursuing a rapprochement with Mr. Trump, visiting him at Mar-a-Lago and posing for a photograph. (“I didn’t know they were going to take a picture,” Mr. McCarthy said, somewhat apologetically, to one frustrated lawmaker.)Mr. McCarthy has never repeated his denunciations of Mr. Trump, instead offering a tortured claim that the real responsibility for Jan. 6 lies with security officials and Democratic legislative leaders for inadequately defending the Capitol complex.Senator Mitch McConnell, left, with Senator Patrick Leahy after it was announced that Mr. Leahy would preside over Mr. Trump’s impeachment trial.Erin Schaff/The New York TimesIn the Senate, Mr. McConnell’s reversal was no less revealing. Late on the night of Jan. 6, Mr. McConnell predicted to associates that his party would soon break sharply with Mr. Trump and his acolytes; the Republican leader even asked a reporter in the Capitol for information about whether the cabinet might really pursue the 25th Amendment.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 5Signs of progress. More

  • in

    Jan. 6 Suspect Blames Trump for Spurring Him to Capitol Riot

    Dustin Thompson, an unemployed exterminator from Ohio, was the first defendant tried in the Capitol attack to offer a Trump-made-me-do-it defense before a jury.WASHINGTON — Dustin Thompson’s trip down what he called “the rabbit hole” of election misinformation began eight months before a single vote was cast in 2020. It ended inside the United States Capitol on Jan. 6, 2021, where he was part of the mob of Trump supporters that stormed inside during Congress’s counting of electoral votes in the worst attack on the building since the War of 1812.An exterminator from Columbus, Ohio, Mr. Thompson, 38, was laid off in March 2020, at the start of the pandemic. Alone at home with his new wife, he began spending long days on the internet, steeping himself in conspiracy theories about the upcoming vote.As the election approached, he said, he fully believed that if Donald J. Trump ended up losing, it would only be because the voting had been rigged, as the president had been warning publicly for months. Even after Joseph R. Biden Jr. was declared the winner, Mr. Thompson could not accept that it was true.All of this, he told a jury at his criminal trial on Wednesday, led him to Washington on Jan. 6 for a Stop the Steal rally, where he and a friend listened to Mr. Trump give an incendiary speech near the White House.In an hour on the witness stand, Mr. Thompson blamed Mr. Trump for what eventually occurred, saying that he had been answering the president’s call to go to the Capitol and “fight like hell” when he joined the throng swarming into the building and made off with a bottle of bourbon and a coat rack.“If the president’s giving you almost an order to do something,” he said, “I felt obligated to do that.”Mr. Thompson’s story is not unusual. At several points during the Justice Department’s vast investigation of the Capitol attack, many people charged with crimes have sought to blame Mr. Trump in various ways for their actions, mostly at pretrial bail hearings or at sentencings after pleading guilty.But Mr. Thompson is the first defendant to attempt the argument at trial in front of a jury. In making his case, he offered a window into the toxic and relentless flood of conspiracy theories and lies, stoked by Mr. Trump, that helped give rise to the riot.The move comes with considerable risk, and its success or failure could determine not only Mr. Thompson’s fate, but that of other defendants accused of taking part in the violence of Jan. 6.Before the trial began, Mr. Thompson admitted to prosecutors that he had gone into the Capitol and stolen government property, agreeing in advance to nearly every element of the six charges he faces. His defense will rest almost entirely on the question of his state of mind during the riot.Mr. Thompson has claimed that he did not knowingly or corruptly break the law, but rather, as his lawyer said on Tuesday, was “so influenced — so used and abused” by Mr. Trump that he could not be held accountable for his behavior.The Trump-made-me-do-it defense has not fared well with judges. While it could work better on a jury, Mr. Thompson seemed to stumble on Wednesday during cross-examination, undercutting key elements of his argument.William Dreher, a prosecutor, got him to admit several times that Mr. Trump had not been at his side, offering him step-by-step instructions, when he walked into the Senate parliamentarian’s office and walked out with the whiskey and the coat rack. Mr. Thompson acknowledged that he was a married adult with a college degree who could make his own decisions.Mr. Thompson also conceded under questioning by Mr. Dreher that he had known it was unlawful to go into the Capitol on Jan. 6 while lawmakers were finalizing the results of the election. That appeared to contradict a central pillar of his own defense.While Mr. Thompson’s claims that he was under Mr. Trump’s spell do not carry any legal weight as evidence, they echo similar allegations the government has made in other cases connected to Jan. 6. In those cases, prosecutors have gone to great lengths to describe how rioters at the Capitol were motivated by Mr. Trump’s statements, including his speech at the Ellipse and a tweet he posted on Dec. 19, 2020 calling on his followers to attend a “wild” protest in Washington on Jan. 6.Capitol Riot’s Aftermath: New DevelopmentsCard 1 of 5Debating a criminal referral. More

  • in

    4 Takeaways From the Jan. 6 Capitol Attack Commemoration

    WASHINGTON — This anniversary of Jan. 6 marked a turning point for President Biden, who for much of his first year in office avoided direct confrontation with his predecessor, Donald J. Trump.On Thursday, Mr. Biden took deliberate aim at Mr. Trump, assailing him for watching television as the attacks unfolded, spreading a lie that the 2020 election was rigged, and holding “a dagger at the throat of America” when he encouraged his supporters to attack the United States Capitol.But Mr. Biden held on to one vestige from the past year: He still refused to call Mr. Trump by name.Here are four takeaways from the day.Biden takes a new, confrontational approach to Trump.As president-elect in November 2020, Mr. Biden and his staff proceeded with the transition process by treating Mr. Trump’s attempts to reverse the election as little more than histrionics.The calculation made back then by Mr. Biden and his advisers was that America was simply ready to move on, but on Thursday, the president was more willing than usual to address Mr. Trump’s claims, calling him a loser in the process.“He’s not just a former president. He’s a defeated former president — defeated by a margin of over 7 million of your votes in a full and free and fair election,” Mr. Biden said. “There is simply zero proof the election results were inaccurate.”His remarks set him down a more confrontational path with Mr. Trump, who holds a firm grip on his party and shows no sign of backing down from continuing to perpetrate a false narrative about the 2020 election. It is a development Mr. Biden spent his first year in office avoiding, but one that he seemed to embrace as a matter of necessity on Thursday.Understand the Jan. 6 InvestigationBoth the Justice Department and a House select committee are investigating the events of the Capitol riot. Here’s where they stand:Inside the House Inquiry: From a nondescript office building, the panel has been quietly ramping up its sprawling and elaborate investigation.Criminal Referrals, Explained: Can the House inquiry end in criminal charges? These are some of the issues confronting the committee.Garland’s Remarks: Facing pressure from Democrats, Attorney General Merrick Garland vowed that the D.O.J. would pursue its inquiry into the riot “at any level.”A Big Question Remains: Will the Justice Department move beyond charging the rioters themselves?Biden rejects working with Republicans who support ‘the rule of a single man.’On his Inauguration Day just under a year ago, Mr. Biden promised to be “a president for all Americans. I will fight as hard for those who did not support me as for those who did.” On Thursday, he appeared not as the peacemaker president but as a leader who had a warning for Americans who attacked the Capitol in service of Mr. Trump.“I did not seek this fight brought to this Capitol one year ago today, but I will not shrink from it either,” Mr. Biden said. “I will stand in this breach. I will defend this nation. And I will allow no one to place a dagger at the throat of our democracy.”Mr. Biden also reserved some of his ire for elected officials. For a leader who came into office speaking poetically about the art of bipartisanship — “politics is the art of the possible,” he said early on — and about the need to heal a fractured nation, Mr. Biden suggested that he was only interested in working with Republicans who have not tied their political fortunes to the falsehoods spread by Mr. Trump.“While some courageous men and women in the Republican Party are standing against it, trying to uphold the principles of that party, too many others are transforming that party into something else,” Mr. Biden said. “But whatever my other disagreements are with Republicans who support the rule of law and not the rule of a single man, I will always seek to work together with them to find shared solutions where possible.”Trump — and Trumpism — is not going away.Representative Marjorie Taylor Greene, center left, and Representative Matt Gaetz, center right, during a news conference in Washington on Thursday.Jason Andrew for The New York TimesThe president’s remarks presented a stark choice: “Are we going to be a nation that lives not by the light of the truth but in the shadow of lies?” In corners of the internet governed by Mr. Trump and his supporters, the answer seemed clear.On a podcast hosted by Stephen K. Bannon, a former Trump aide who was indicted in November for failing to comply with congressional investigators, Representative Matt Gaetz of Florida and Representative Marjorie Taylor Greene of Georgia deflected blame for the attack and suggested it was part of a government conspiracy.In his own cascade of statements, Mr. Trump showed no sign that he was going to shrink from a fight. He assailed Mr. Biden for his handling of the coronavirus pandemic, the troop withdrawal from Afghanistan, and even the way he delivered his Thursday remarks.Key Figures in the Jan. 6 InquiryCard 1 of 10The House investigation. More

  • in

    President Biden Praises Bob Dole in Ceremony at the Capitol

    WASHINGTON — Beneath the dome of the Capitol he loved, Bob Dole was celebrated on Thursday for wit and grace, principle and persistence, but above all for civility and bipartisanship, in a subtle rebuke to a Republican Party that has changed much since Mr. Dole was its standard-bearer.Addressing dignitaries of both parties gathered to honor the son of the Kansas Dust Bowl and a former Senate majority leader, President Biden used Mr. Dole’s own words as a pointed message to adversaries whom he sees as drifting from the moorings of democracy itself.“I cannot pretend that I have not been a loyal champion of my party, but I always served my country best when I did so first and foremost as an American,” Mr. Biden said, quoting what he said were Mr. Dole’s final words to the nation. “When we prioritize principles over party and humanity over personal legacy — when we do that, we accomplish far more as a nation. By leading with shared faith in each other, we become America at its best.”Mr. Dole, who died on Sunday at 98, became only the 30th known man to lie in state in the Capitol Rotunda, its entryways draped in black bunting, his coffin set upon the catafalque built in 1865 to hold the coffin of Abraham Lincoln. One woman, Justice Ruth Bader Ginsburg, has lain in state in the Capitol, but her coffin was placed in National Statuary Hall, adjacent to the Rotunda.President Biden speaks in the Capitol Rotunda in Washington on Thursday.Sarahbeth Maney/The New York TimesSpeaker Nancy Pelosi rests her hand on the casket of former Senator Bob Dole.Sarahbeth Maney/The New York TimesIn a short ceremony, Senator Mitch McConnell of Kentucky was the only Republican to eulogize Mr. Dole, whom he eclipsed in 2018 as the longest-serving Senate Republican leader. Mr. McConnell honored the man who had been grievously wounded in the Italian campaign during World War II as the last of the “greatest generation” to run for president, in 1996.“Bob was blessed with long life to watch his legacy take effect,” Mr. McConnell said.The Democrats who spoke — Mr. Biden, Speaker Nancy Pelosi of California, and Senator Chuck Schumer of New York, the current majority leader — all extolled virtues in Mr. Dole that they implied were lacking in his successors.Mr. Schumer called him “a principled, pragmatic Kansan” who “never hesitated to work with Democrats.” Ms. Pelosi also spoke of principle, as well as patriotism.But it was the president who used the moment to appeal to the gathering — and the country at large — to rediscover what Americans hold in common.“The truth of the matter is, as divided as we are, the only way forward for democracy is unity, consensus — the only way,” Mr. Biden said. “May we follow his wisdom and his timeless truth and reach consensus on the basic fundamental principles we all agree on.”Thursday morning at the Capitol seemed to recall a less bitter time, in honor of a man who himself spoke to a more perfect union. Not long after Mr. Dole began his presidential campaign, his opponent, Bill Clinton, was impeached amid extraordinary ill will. As Mr. Dole was leaving the Senate in 1996 to assume the mantle of his party’s nominee, he famously took a call from Mr. Clinton, spoke warmly to him and concluded, “I want to just thank you for all the times we’ve been able to work together.”In a short ceremony, Senator Mitch McConnell of Kentucky was the only Republican to eulogize Mr. Dole.Sarahbeth Maney/The New York TimesRepresentative Steny Hoyer of Maryland, the majority leader, right, hugs a guest at the ceremony. Sarahbeth Maney/The New York Just months after Mr. Clinton defeated Mr. Dole, the president awarded his vanquished opponent the Presidential Medal of Freedom.“Upon receiving this medal, Senator Dole challenged us, in his words, ‘not to question American ideals or replace them, but to act worthy of them,’” Ms. Pelosi said.Mr. McConnell recalled a particularly acerbic quote that Mr. Dole had for the conservative “revolutionaries” who helped the Republicans win majorities in both houses of Congress in 1994; the new majority leader said that if he had known Republicans would win the majority, he would have recruited better candidates. The anecdote may have been a dig by Mr. McConnell at his own right flank, which has been working against his efforts to keep the government from defaulting on its debt in the coming weeks.Before the ceremony, the building was buzzing with friendly joshing. Lloyd J. Austin III, the secretary of defense, chatted with Representative Steny H. Hoyer of Maryland, the majority leader. Pat Roberts, a former Republican senator, joined a reunion of fellow Kansans in bidding goodbye to the man from Russell, Kan.Vice President Kamala Harris and her husband, Doug Emhoff, arrive at the ceremony on Thursday.Sarahbeth Maney/The New York Times Mr. Dole’s wife, Elizabeth Dole — who later became a senator and ran for president herself — is escorted to the ceremony.Sarahbeth Maney/The New York TimesAnd in the spirit of bipartisanship that was being celebrated — or mourned — two former Senate majority leaders, Tom Daschle, a Democrat from South Dakota, and Trent Lott, a Republican from Mississippi, met in Mr. McConnell’s office and walked together to the Capitol’s rotunda.The ceremony, in all its solemnity, was known well to Mr. Dole. In one of his last public appearances, he rose from his wheelchair in 2018 to pay his respects to former President George H.W. Bush as he lay in state under the dome, in the geographic center of the nation’s capital. Nine years ago this month, another senator, Daniel K. Inouye of Hawaii, also lay in state and received a send-off from Mr. Dole, a lifelong friend with whom Mr. Inouye had convalesced in a Battle Creek, Mich., military hospital recovering from life-changing war wounds.As Mr. McConnell noted, Mr. Dole had lived long enough to see politics — and his party — change. Just weeks before Mr. Inouye’s death in 2012, Mr. Dole sat slightly slumped in his wheelchair on the Senate floor and accepted the well-wishes of senators he was imploring to vote for a United Nations treaty that would ban discrimination against people with disabilities. He reasoned with them that the United States was already in compliance, and that he merely wanted the rest of the world to recognize the advances that he and other Americans with disabilities already enjoyed.Then, after Mr. Dole’s wife, Elizabeth, rolled him off the floor, Republicans voted down the treaty that the ailing Mr. Dole so longed to see passed — but that they insisted would infringe on American sovereignty.A military honor guard carries the coffin of former Senator Bob Dole into the U.S. Capitol, in Washington on Thursday.Tom Brenner for The New York Times More

  • in

    Trump Ban From Facebook Upheld by Oversight Board

    A company-appointed panel ruled that the ban was justified at the time but added that the company should reassess its action and make a final decision in six months.SAN FRANCISCO — A Facebook-appointed panel of journalists, activists and lawyers on Wednesday upheld the social network’s ban of former President Donald J. Trump, ending any immediate return by Mr. Trump to mainstream social media and renewing a debate about tech power over online speech.Facebook’s Oversight Board, which acts as a quasi-court over the company’s content decisions, said the social network was right to bar Mr. Trump after he used the site to foment an insurrection in Washington in January. The panel said the ongoing risk of violence “justified” the move.But the board also said that an indefinite suspension was “not appropriate,” and that the company should apply a “defined penalty.” The board gave Facebook six months to make its final decision on Mr. Trump’s account status.“Our sole job is to hold this extremely powerful organization, Facebook, to be held accountable,” Michael McConnell, co-chair of the Oversight Board, said on a call with reporters. The ban on Mr. Trump “did not meet these standards,” he said.The decision adds difficulties to Mr. Trump rejoining mainstream social media, which he had used during his White House years to cajole, set policy, criticize opponents and rile up his tens of millions of followers. Twitter and YouTube had also cut off Mr. Trump in January after the insurrection at the Capitol building, saying the risk of harm and the potential for violence that he created were too great.But while Mr. Trump’s Facebook account remains suspended for now, he may be able to return to the social network once the company reviews its action. Mr. Trump still holds tremendous sway over Republicans, with his false claims of a stolen election continuing to reverberate. On Wednesday, House Republican leaders moved to expel Representative Liz Cheney of Wyoming from her leadership post for criticizing Mr. Trump and his election lies.Representatives for Mr. Trump did not immediately return requests for comment. On Tuesday, he unveiled a new site, “From the desk of Donald J. Trump,” with a Twitter-like feed, to communicate with his supporters.Mr. Trump’s continued Facebook suspension gave Republicans, who have long accused social media companies of suppressing conservative voices, new fuel against the platforms. Mark Zuckerberg, Facebook’s chief executive, has testified in Congress several times in recent years about whether the social network has shown bias against conservative political views. He has denied it.Senator Marsha Blackburn, Republican of Tennessee, said the Facebook board’s decision was “extremely disappointing” and that it was “clear that Mark Zuckerberg views himself as the arbiter of free speech.” And Representative Jim Jordan, Republican of Ohio, said Facebook, which faces antitrust scrutiny, should be broken up.Democrats were also unhappy. Frank Pallone, the chairman of the House energy and commerce committee, tweeted, “Donald Trump has played a big role in helping Facebook spread disinformation, but whether he’s on the platform or not, Facebook and other social media platforms with the same business model will find ways to highlight divisive content to drive advertising revenues.”The decision underlined the power of tech companies in determining who gets to say what online. While Mr. Zuckerberg has said that he does not wish his company to be “the arbiter of truth” in social discourse, Facebook has become increasingly active about the kinds of content it allows. To prevent the spread of misinformation, the company has cracked down on QAnon conspiracy theory groups, election falsehoods and anti-vaccination content in recent months, before culminating in the blocking of Mr. Trump in January.“This case has dramatic implications for the future of speech online because the public and other platforms are looking at how the oversight board will handle what is a difficult controversy that will arise again around the world,” said Nate Persily, a professor at Stanford University’s law school.He added, “President Trump has pushed the envelope about what is permissible speech on these platforms and he has set the outer limits such that if you are unwilling to go after him, you are allowing a large amount of incitement and hate speech and disinformation online that others are going to propagate.”In a statement, Facebook said it was “pleased” that the board recognized that its barring of Mr. Trump in January was justified. The company added that it would consider the ruling and “determine an action that is clear and proportionate.”Mr. Trump’s case is the most prominent that the Facebook Oversight Board, which was conceived in 2018, has handled. The board, which is made up of 20 journalists, activists and former politicians, reviews and adjudicates the company’s most contested content moderation decisions. Mr. Zuckerberg has repeatedly referred to it as the “Facebook Supreme Court.”But while the panel is positioned as independent, it was founded and funded by Facebook and has no legal or enforcement authority. Critics have been skeptical of the board’s autonomy and have said it gives Facebook the ability to punt on difficult decisions.Each of its cases is decided by a five-person panel selected from among the board’s 20 members, one of whom must be from the country in which the case originated. The panel reviews the comments on the case and makes recommendations to the full board, which decides through a majority vote. After a ruling, Facebook has seven days to act on the board’s decision.Mark Zuckerberg, the Facebook chief executive, testified before during the Senate judiciary committee last year. He has denied that the platform showed political bias.Pool photo by Hannah Mckay/EPA, via ShutterstockSince the board began issuing rulings in January, it has overturned Facebook’s decisions in four out of the five cases it has reviewed. In one case, the board asked Facebook to restore a post that used Joseph Goebbels, the Nazi propaganda chief, to make a point about the Trump presidency. Facebook had earlier removed the post because it “promoted dangerous individuals,” but complied with the board’s decision.In another case, the board ruled that Facebook had overreached by taking down a French user’s post that erroneously suggested the drug hydroxychloroquine could be used to cure Covid-19. Facebook restored the post but also said it would keep removing the false information following guidance by the Centers for Disease Control and Prevention and the World Health Organization.In Mr. Trump’s case, Facebook also asked the board to make recommendations on how to handle the accounts of political leaders. On Wednesday, the board suggested the company should publicly explain when it was applying special rules to influential figures, though it should impose definite time limits when doing so. The board also said Facebook should more clearly explain its strikes and penalties process, and develop and publish a policy that governs responses to crises or novel situations where its regular processes would not prevent imminent harm.“Facebook has been clearly abused by influential users,” said Helle Thorning-Schmidt, a co-chair of the Oversight Board.Facebook does not have to adopt these recommendations but said it “will carefully review” them.For Mr. Trump, Facebook was long a place to rally his digital base and support other Republicans. More than 32 million people followed him on Facebook, though that was far fewer than the more than 88 million followers he had on Twitter.Over the years, Mr. Trump and Mr. Zuckerberg also shared a testy relationship. Mr. Trump regularly assailed Silicon Valley executives for what he perceived to be their suppression of conservative speech. He also threatened to revoke Section 230, a legal shield that protects companies like Facebook from liability for what users post.Mr. Zuckerberg occasionally criticized some of Mr. Trump’s policies, including the handling of the pandemic and immigration. But as calls from lawmakers, civil rights leaders and even Facebook’s own employees grew to rein in Mr. Trump on social media, Mr. Zuckerberg declined to act. He said speech by political leaders — even if they spread lies — was newsworthy and in the public interest.The two men also appeared cordial during occasional meetings in Washington. Mr. Zuckerberg visited the White House more than once, dining privately with Mr. Trump.The politeness ended on Jan. 6. Hours before his supporters stormed the Capitol, Mr. Trump used Facebook and other social media to try to cast doubt on the results of the presidential election, which he had lost to Joseph R. Biden Jr. Mr. Trump wrote on Facebook, “Our Country has had enough, they won’t take it anymore!”Less than 24 hours later, Mr. Trump was barred from the platform indefinitely. While his Facebook page has remained up, it has been dormant. His last Facebook post, on Jan. 6, read, “I am asking for everyone at the U.S. Capitol to remain peaceful. No violence!”Cecilia Kang More

  • in

    ‘We’ve Lost the Line!’: Radio Traffic Reveals Police Under Siege at Capitol

    Using evidence that’s hidden in plain sight, our investigative journalists present a definitive account of the news — from the Las Vegas massacre to a chemical attack in Syria.Using evidence that’s hidden in plain sight, our investigative journalists present a definitive account of the news — from the Las Vegas massacre to a chemical attack in Syria. More

  • in

    House Lays Out Case Against Trump, Branding Him the ‘Inciter in Chief’

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentTrial HighlightsDay 2: Key TakeawaysVideo of Jan. 6 RiotHouse ManagersTrump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyHouse Lays Out Case Against Trump, Branding Him the ‘Inciter in Chief’The Democratic House impeachment managers opened their case against the former president with a narrative of his monthslong effort to overturn the election and raw footage of the Jan. 6 Capitol attack.Delegate Stacey Plaskett of the U.S. Virgin Islands, left, with House impeachment managers and staff on Wednesday during a break in former President Donald J. Trump’s Senate impeachment trial.Credit…Erin Schaff/The New York TimesFeb. 10, 2021Updated 9:48 p.m. ETWASHINGTON — The House impeachment managers opened their prosecution of Donald J. Trump on Wednesday with a meticulous account of his campaign to overturn the election and goad supporters to join him, bringing its most violent spasms to life with never-before-seen security footage from the Jan. 6 Capitol riot.Filling the Senate chamber with the profane screams of the attackers, images of police officers being brutalized, and near-miss moments in which Vice President Mike Pence and lawmakers came steps away from confronting a mob hunting them down, the prosecutors made an emotional case that Mr. Trump’s election lies had directly endangered the heart of American democracy.They played frantic police radio calls warning that “we’ve lost the line,” body camera footage showing an officer pummeled with poles and fists on the West Front of the Capitol, and silent security tape from inside showing Mr. Pence, his family and members of the House and Senate racing to evacuate as the mob closed in, chanting: “Hang Mike Pence! Hang Mike Pence!”All of it, the nine Democratic managers said, was the foreseeable and intended outcome of Mr. Trump’s desperate attempts to cling to the presidency. Reaching back as far as last summer, they traced how he spent months cultivating not only the “big lie” that the election was “rigged” against him, but stoking the rage of a throng of supporters who made it clear that they would do anything — including resorting to violence — to help him.The managers argued that it warranted that the Senate break with two centuries of history to make Mr. Trump the first former president to be convicted in an impeachment trial and disqualified from future office on a single count of “incitement of insurrection.”“Donald Trump surrendered his role as commander in chief and became the inciter in chief of a dangerous insurrection,” Representative Jamie Raskin, Democrat of Maryland and the lead manager, told the senators. They watched the footage in silence in the same spots where they had been when the mob breached the building last month.“He told them to ‘fight like hell,’” Mr. Raskin added, quoting the speech that Mr. Trump gave supporters as the onslaught was unfolding, “and they brought us hell on that day.”House managers watching the second day of the trial from an ante room off the floor of the Senate on Wednesday.Credit…Erin Schaff/The New York TimesThough the House managers used extensive video evidence of the Jan. 6 riot to punctuate their case, they spent just as much time placing the event in the context of Mr. Trump’s broader effort to falsely claim the election had been stolen from him, portraying him as a president increasingly desperate to invalidate the results.“With his back against the wall, when all else has failed, he turns back to his supporters — who he’d already spent months telling that the election was stolen — and he amplified it further,” said Representative Joe Neguse, Democrat of Colorado.After dozens of frivolous lawsuits failed, the managers said, Mr. Trump began pressuring officials in key battleground states like Michigan, Pennsylvania and Georgia to overturn his losses there. When that failed, he tried the Justice Department, then publicly attempted to shame Republican members of Congress into helping him. Finally, he insisted that Mr. Pence assume nonexistent powers to unilaterally overturn their loss on Jan. 6, when the vice president would oversee the counting of the electoral votes in Congress.“Let me be clear: The president was not just coming for one or two people, or Democrats like me,” said Representative Ted Lieu of California, looking out at senators. “He was coming for you.”At the same time, the managers argued, the president was knowingly encouraging his followers to take matters into their own hands. When an armada of his supporters tried to run a Biden campaign bus off the highway in October, Mr. Trump cheered them on Twitter. He began adopting increasingly violent language, they noted, and did nothing to denounce armed mobs cropping up in his name in cities around the country. Instead, he repeatedly invited them to Washington on Jan. 6 to rally to “stop the steal” as Congress met to formalize President-elect Joseph R. Biden Jr.’s victory.“When he saw firsthand the violence that his conduct was creating, he didn’t stop it,” Mr. Neguse said. “He didn’t condemn the violence. He incited it further and he got more specific. He didn’t just tell them to fight like hell. He told them how, where and when.”At times, the presentation, delivered by a group of Democrats with extensive courtroom experience, resembled a criminal prosecution — only in this case, the jury was made up of senators who were also witnesses struggling as they relived in graphic detail the trauma of that day.Delegate Stacey Plaskett of the U.S. Virgin Islands guided them through much of the video, including scenes of rioters inside the Capitol tauntingly calling for Speaker Nancy Pelosi and flooding into her office just after aides had raced to barricade themselves in a conference room and hid under a table.“Nancy! Oh, Nancy! Where are you, Nancy?” one of the invaders could be heard shouting in a singsong voice.“That was a mob sent by the president of the United States to stop the certification of an election,” Ms. Plaskett said. “President Trump put a target on their backs, and his mob broke into the Capitol to hunt them down.”Glued to their desks, some senators recoiled or averted their eyes from the hours of footage, including of their own evacuation as the mob closed in just down a corridor.“It tears at your heart and brings tears to your eyes,” said Senator Mitt Romney, Republican of Utah, who could be seen in one of the videos racing back toward the Senate for safety. “That was overwhelmingly distressing and emotional.”Senator Mitt Romney on Wednesday at the Capitol. “That was overwhelmingly distressing and emotional,” he said of the videos the House managers presented.Credit…Alyssa Schukar for The New York TimesSenator John Thune of South Dakota, the No. 2 Senate Republican, conceded that the managers had “done a good job connecting the dots” and recreating a “harsh reminder of what happens when you let something like that get out of hand.” Five people died in connection to the mayhem, including a Capitol Police officer, and more than 100 were injured.But for all of the power of their case, the managers’ task remained an exceedingly steep one, and it was unclear if they had made any headway. Senators voted narrowly to proceed with the trial on Tuesday, but only six Republicans joined Democrats in deeming it constitutional to judge an official no longer in office, foreshadowing Mr. Trump’s likely acquittal.Many of the same Republicans who had been hostile to hearing the case did not dispute on Wednesday the horror of the attack, but they suggested it was the rioters, not the former president who retains heavy sway over their party, who are culpable.“Today’s presentation was powerful and emotional, reliving a terrorist attack on our nation’s capital,” said Senator Ted Cruz, Republican of Texas. “But there was very little said about how specific conduct of the president satisfies the legal standard.”Short of persuading 34 Republicans to join Democrats to achieve the two-thirds majority necessary to convict, the Democratic managers directed their arguments at the American public and at history in an attempt to bury Mr. Trump’s popular appeal and lay down a clear marker for future presidents.The trial was proceeding at a blistering pace. Prosecutors were expected to take several more hours on Thursday before Mr. Trump’s lawyers will have two days to mount a defense. The Senate could render a verdict as soon as the weekend.Mr. Trump’s lawyers, who made a much-criticized debut on Tuesday, are expected to assert that the former president was not trying to incite violence or interfere with the electoral process. Rather, they will argue, he merely wanted to urge his supporters to demand general election security reforms, an argument that requires ignoring much of the evidentiary record.Though they have sought not to repeat Mr. Trump’s outlandish claims that the election was “stolen” from him, the lawyers will also insist they amount to constitutionally protected free speech for which the Senate cannot punish him.The House managers, though, argued that Mr. Trump clearly incited the attack, thus violating his oath of office to protect the Constitution. Prosecutors walked senators through his speech just before the mob closed in, playing again and again clips of him urging the thousands on hand to “fight like hell” alongside others, shot from the crowd, featuring a drastic response from the audience: “Take the Capitol.”A National Guard soldier in the Capitol Rotunda on Wednesday. Guard troops have been on patrol there since last month.Credit…Jason Andrew for The New York Times“This violent attack was not planned in secret,” Ms. Plaskett said. “The insurgents believed they were doing the duty of their president — they were taking his orders.”To bolster their analysis, the managers turned to an unlikely group: the hundreds of people already charged with executing the riot who in interviews and court records leave little doubt that they believed they were delivering to Mr. Trump what he asked for.But it was all a prelude to a vivid recreation of the attack itself meant to drive home the enormity of what the managers said Mr. Trump had unleashed. Mindful that individual lawmakers still had only a limited view of the day, they used a computer generated model of the Capitol to show in precise detail the mob’s movements over time relative to members of Congress.In one jarring scene, Senator Chuck Schumer, Democrat of New York and the minority leader at the time, was shown literally running with a security detail through the basement of the Senate in search of safety. Representative Eric Swalwell of California, another of the impeachment managers, told senators he had counted 58 steps between where senators could be seen scurrying toward a secure location and where armed extremists were massing.Instead of intervening to help as the Capitol fell, the managers asserted that Mr. Trump simply stood back and watched in a “dereliction of duty” as the second and third in line to the presidency were put in peril. Citing news reports and accounts from Republican senators themselves who contacted the White House desperate for the president to call off the attack or send in security reinforcements, the managers said the evidence suggested Mr. Trump refused because he was “delighted” with what he saw unfolding.“When the violence started, he never once said the one thing everyone around him was begging him to say,” Representative Joaquin Castro of Texas said. “‘Stop the attack.’”Emily Cochrane More

  • in

    Lie After Lie: Listen to How Trump Built His Alternate Reality

    The 38-minute video below shows how Donald J. Trump’s persistent repetition of lies and calls to action over two months created an alternate reality that he won re-election. Mr. Trump’s words, which were echoed and amplified by the rioters who stormed the Capitol on Jan. 6, are a central focus of his second impeachment trial. […] More