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    Inside the Jan. 6 Committee: Power Struggles and Made-for-TV Moments

    Listen to This ArticleAudio Recording by AudmTo hear more audio stories from publications like The New York Times, download Audm for iPhone or Android.One afternoon in early May, a lanky, bespectacled and mostly bald 53-year-old British American named James Goldston sat in a conference room in the Thomas P. O’Neill Jr. House Office Building before the expectant gazes of 25 or so men and women: the staff of the House Select Committee to Investigate the January 6th Attack on the United States Capitol. For almost a year, they had been amassing evidence against former President Donald J. Trump and his associates. In less than a month, the committee would be presenting this evidence in a succession of live televised hearings. Goldston, who had left his position as president of ABC News a year earlier, had just been hired by the committee to assist in this endeavor.“So what have we got?” he asked the staff members.Quite a lot, replied the committee’s lead investigator, Tim Heaphy, a former U.S. attorney. The committee staff had conducted nearly 1,000 witness interviews. It had collected over a million pages of documents from the National Archives and other sources. It had obtained hundreds of phone records, in addition to thousands of text messages sent by and to Mark Meadows, the former White House chief of staff. The committee’s cache of visual material included hundreds of hours of never-before-seen footage that security cameras captured during the attack.The committee’s chairman, Representative Bennie Thompson of Mississippi, and its vice chairwoman, Representative Liz Cheney of Wyoming, had worked with the staff to organize the hearings around seven specific methods by which Trump and his allies sought to reverse the results of the 2020 presidential election: the willful spreading of lies that the election had been stolen; trying to coerce the Department of Justice into disputing the election results; pressuring Vice President Mike Pence; pressuring state and local officials; seeking to recruit phony electors in several contested states; summoning a mob to Washington; and then, upon inciting that mob, sitting back for more than three hours and doing nothing to stop the violence. The idea, Heaphy said, was for every hearing to include a significant audiovisual representation of the evidence the staff had gathered.“And, so, what have we got?” Goldston asked again, somewhat more anxiously this time.“That’s what you’re here for,” he was told.Representative Liz Cheney of Wyoming, one of two Republicans on the committee. She would turn the typically ceremonial role of vice chair into a position of unmatched power.James Goldston’s 30-year career — covering breaking news as a BBC correspondent, creating shows, overseeing the celebrity hosts of “Good Morning America” and running a news division — made him well suited to this new challenge. Still, Goldston struggled to contain his astonishment. He asked the staff how, in past House hearings, video footage was played. Someone just clicks a button on a laptop, he was told. Did they use a control room? he asked. No, no such room existed. Was there a video-production staff on hand? No. Was there money in the budget to hire such a staff? Goldston was informed that the committee staff’s senior team already had vast experience running hearings. “We’ve done these things before,” one of them assured him.“I can’t do this,” he informed them. Though Goldston stopped short of quitting that day, his first meeting with the committee staff ended on a highly pessimistic note.Word of Goldston’s consternation soon reached Thompson and Cheney, and within days, he received permission to recruit a small staff. Knowing he needed experienced storytellers, Goldston made his first calls to four senior producers he worked with as the executive producer of ABC’s long-running news-documentary program “Nightline.” Then he met with a veteran Washington-based video-production director named Todd Mason and immediately requested that he and his deputy be hired. Together they constructed a temporary control room in the Cannon House Office Building, one floor above the committee room where the hearings would take place. These six individuals, along with five video editors, would constitute the team for a man accustomed to having as many as 2,000 employees at his disposal.Like the lawyers on the investigative team, Goldston’s group consisted of highly experienced professionals whose work on the committee paid them far less than what they would have commanded in the private sector. Though no one needed a reminder that the significance of their mission could not be measured in dollars, Goldston saw fit to hang a poster in the office featuring a quote from the Watergate film “All the President’s Men”: “Nothing’s riding on this except the First Amendment of the Constitution, freedom of the press and maybe the future of the country.” (After the hearings began, Goldston also hung an enlarged printout of a statement Trump made to associates: “Those losers keep editing video.”)Goldston began to review the visual material the committee had gathered. One of the members, Representative Zoe Lofgren of California, had suggested that every interview be videotaped. (When Heaphy protested that investigators lacked the necessary equipment for videotaping depositions, Lofgren replied: “I don’t care. You’ve got an iPhone. Video it.”) But Goldston discovered that many of the depositions captured on video calls featured the witness in a tiny box on the screen, so that an enlarged version of the video would invariably be blurry. During Ivanka Trump’s deposition, a single document lingered on the screen for an entire hour, rather than the face of the president’s daughter. The individuals making the recordings were superb lawyers. As videographers, they left something to be desired.A breakthrough moment occurred for Goldston in the middle of May, when he and the investigators were discussing a phone conversation that took place between Trump and Pence on the morning of Jan. 6, 2021. Goldston wanted to find a way to capture this obscure but climactic dialogue between a bullying and profane chief executive and a passive but resolutely defiant second-in-command who refused to play any role in overturning the election results. The investigators had taken depositions from an individual who was with Pence in the vice president’s residence when he took the call, as well as from a White House aide who was with Trump in the Oval Office at the time. No single narrator stood out. Then he had an idea.“Is there a way,” Goldston asked, “to do this as an oral history? Take all the interviews, and get everyone to tell the story from their perspective. Can we do that?”The producer and the investigators spent an afternoon studying the tapes in the editing room they had built on the fifth floor of the O’Neill Building. For the first time, Goldston recognized the gold mine he was sitting on. There was Trump’s personal assistant, Nicholas Luna, testifying that the president had called Pence a “wimp.” There was Ivanka Trump’s chief of staff, Julie Radford, reporting that the president’s daughter remembered her father having called Pence “the p-word.” And there was the vice president’s chief of staff, Marc Short, recalling that Pence had returned to a private prayer circle immediately after the call with a “steely” disposition. Taken together, the disparate narrators described a dramatic struggle between the two most powerful elected officers in the land, with a free and fair election hanging in the balance.With Goldston’s well-connected assistance, the committee’s communications director, Tim Mulvey, secured prime-time coverage from the major networks. On the evening of June 9, the committee members lined up in the anteroom of the Cannon Caucus Room. As the doors of the hearing room opened, Chairman Thompson looked out at the audience and thought of growing up in rural Mississippi; of how so many Black people had fought for the right to take part in American democracy, only to be denied; of how his father was never able to vote. Now he was about to lead one of the most important congressional hearings in modern history. He said to himself, with a curse he was too polite to repeat later, “This is a big moment for our country.”One floor above them, Goldston stood in the control room. Todd Mason was checking in with his graphics operator in Chicago and his team in Las Vegas, where the production’s server was uploading all the video and graphics that would accompany the evening’s hearing. Over in the O’Neill office, production aides were monitoring social media to gauge public reaction in real time. The crowded committee room fell silent as the members took their seats.Standing next to Goldston in the control room was Melinda Arons, an award-winning former “Nightline” producer. As they watched their screens, she said quietly, “I’m going to throw up.”Representative Bennie Thompson of Mississippi, the committee’s chairman. “This is a big moment for our country,” he said to himself before the first hearing.The StakesThe most consequential congressional committee in generations was immersed in high drama from beginning to end. It originated six months after a domestic siege of the Capitol. It devoted a year to seeking evidence from sources who were often reluctant or even hostile. It then presented that evidence in the form of captivating televised hearings that were watched by more than 10 million Americans at a time, leading up to the November 2022 midterms in which a clear majority cast their ballots against election denialism. And then the committee concluded its work by making history with its criminal referrals of a former president to the Department of Justice.But the inner workings of the Jan. 6 committee — members of Congress, lawyers, video producers and assorted staff members totaling about 80 people tasked with investigating a violent attack on American democracy and a sitting president’s role in that attack — have been almost completely shrouded from public view. Through extensive interviews with all nine of the committee’s members and numerous senior staff members and key witnesses, we have been able to reconstruct a previously unreported account of the committee’s fevered, fraught and often chaotic race to a finish line that has always been understood to be Jan. 3, 2023, when the new Congress is sworn in and a new Republican majority in the House would immediately dissolve the committee. Those same efforts took place at a time when the Republican Party was resolutely united behind the committee’s principal target, Trump, with politicians and voters alike joining the former president in lustily condemning the inquiry at every opportunity.The committee’s first few months were rocky, even “tumultuous,” in the words of one member, as the lawmakers struggled to plot out a strategy to investigate what they saw as a sprawling, complex conspiracy. It was only after they hired around a dozen former federal prosecutors, including two U.S. attorneys and a lawyer who helped put the drug lord known as El Chapo in prison, that things began to get serious: The committee sent requests to telecommunications companies to preserve phone and text records of some 700 potential witnesses. Soon, witnesses started agreeing to testify, with dozens of interviews coming in a week. If a high-ranking Trump official refused to comply, the committee tried to bring in an aide. If the aide refused, the former prosecutors went after the aide’s aide.But the group often found itself in a state of conflict with recalcitrant witnesses: More than 30 Trump allies pleaded the Fifth Amendment to avoid self-incrimination, while others, like Jared Kushner, Trump’s son-in-law, seemed to have situational amnesia. (“Jared Kushner didn’t remember anything,” Lofgren said. “I found that not credible.”) The Justice Department, meanwhile, was less than accommodating, with no F.B.I. officials or agents agreeing to testify about the bureau’s own intelligence failures, and Attorney General Merrick Garland was slow to prosecute witnesses who refused to testify. “Attorney General Garland, do your job!” another committee member, Representative Elaine Luria of Virginia, declared during a public meeting in late March 2022. Days later, at the annual Gridiron Club dinner, which brings together journalists, politicians and officials, Luria was awkwardly seated at the same table as Garland’s wife. Later, after learning that Secret Service’s texts from Jan. 5 and Jan. 6 had been deleted, the committee descended into a state of “ranting and raving” about the failure of federal officials to preserve evidence, according to Lofgren.A more immediate source of conflict was the committee’s own investigative staff, a team of highly accomplished lawyers who were used to being in charge and often bristled when their ideas were overruled by politicians, resulting in some embarrassing leaks as frustrations grew over the direction of the committee’s final report. Harmony among the members themselves was a work in progress, but all the decisions they made were unanimous, after long discussions seeking consensus. If any member felt strongly that an idea was wrongheaded — like a push by Representative Jamie Raskin of Maryland to recommend dissolving the Electoral College — the matter was dropped.The apotheosis of their efforts was nine publicly televised hearings from June through October 2022. The committee’s intention was to aim for the impact of the televised 1973 Senate Watergate Committee hearings — which started off with little public attention, facing the headwinds of President Richard M. Nixon’s overwhelming re-election, but would convince skeptical Republicans and help turn the tide of public opinion.In the year leading up to the Jan. 6 committee’s scheduled hearings, there was sufficient reason to wonder whether they would fall fatally short of the Watergate precedent and instead meet the same ignominious fate as more recent highly publicized hearings — among them the two-and-a-half-year Republican-led inquiry, beginning in 2014, into the assault on the U.S. diplomatic mission in Benghazi, Libya; the 2019 testimony of the special counsel, Robert S. Mueller III, regarding Trump’s associations with Russia; that same year’s Democratic-driven impeachment of Trump for his strong-arming of Ukraine in an effort to undermine his likely 2020 opponent, Joe Biden; and the second impeachment of Trump after the Jan. 6 attack, which failed to achieve a bipartisan consensus, despite 10 House Republicans voting to hold Trump accountable. Each seemed to only further partisan divides, dismissed by opponents as fake, as theater, as politically motivated.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.As a newsman, James Goldston had no interest in aiding a futile partisan cause. What first piqued his interest in working for the Jan. 6 committee was the meeting he had with Cheney a couple of weeks before he was hired.He met her in the special office that Speaker Nancy Pelosi had given her so that she would have a place to pore over the committee’s secretive work. (Committee documents were watermarked and shredded after reading.) Such Capitol office spaces are known as “hideaways” and can be quite ornate, some equipped with fireplaces and full bars. Cheney’s was nothing of the sort. Her hideaway was in the dimly lit tunnel corridor that connected the House office buildings to the Capitol. Two security officers occupied the small room beside the office, where she spent her days among heaps of transcripts in the beleaguered manner of a paralegal. The abjectness of her new dwelling seemed a kind of metaphor for the current political status of someone who had been cast out as the chairwoman of the House Republican conference by her colleagues and was now reviled by the party’s base.Cheney’s future, it now seemed, was the committee’s work. As she and Goldston talked in her hideaway, he was struck by how committed she was to a cause that would damage her political career, perhaps permanently. It was also evident to Goldston that Cheney, more than anyone else on the committee, seemed to appreciate the importance of skillfully produced hearings — because in her mind, failure was simply not an option, not with Trump continuing to be a dominant force in American political life.Pelosi had asked Cheney if she would be a committee member during a phone conversation on the morning of July 1, 2021. Cheney had already decided, when the committee was legislated into being, that if the offer came she would say yes, while recognizing that doing so would ensure her exile from the Republican Party.Representative Jamie Raskin of Maryland led the House managers during Donald Trump’s second impeachment trial.Representative Adam Schiff of California conducted the first impeachment inquiry of Trump.The Speaker’s PrerogativeThe committee itself was not Pelosi’s preferred vehicle for investigating the attack on the Capitol. Her first choice was an independent body modeled after the National Commission on Terrorist Attacks Upon the United States, more commonly known as the Sept. 11 Commission, which consisted of five Republicans and five Democrats, none of whom held elective office during the course of their work. But the two congressional Republican leaders, Mitch McConnell in the Senate and Kevin McCarthy in the House, saw only political downside in a lengthy public airing of Republican malfeasance. McCarthy first deputized Representative John Katko of New York, the ranking member of the House Committee on Homeland Security, to negotiate the terms of such a commission with the Democratic chairman of that committee, Bennie Thompson, but then abruptly rejected the deal that the two men struck. The measure was then filibustered to death by Republicans in the Senate. Pelosi’s fallback option, a House select committee that would not require Senate approval, passed along party lines, with only Cheney and another vocal Republican critic of Trump, Representative Adam Kinzinger of Illinois, defecting in support.Pelosi’s choices for the committee typified the kinds of calculations she made throughout her tenure as the House’s Democratic leader. She wanted her most experienced hands on it, like Representative Adam Schiff of California, who conducted the first impeachment inquiry of Trump, and Jamie Raskin, who led the House managers during the second impeachment trial. She wanted to showcase her party’s diversity, exemplified by Bennie Thompson, for whom the Congressional Black Caucus lobbied heavily to chair the committee and who as chairman of the Homeland Security Committee already oversaw the implicit starting point of an investigation of a domestic attack; by Pete Aguilar, a fellow Californian who a year later would be elected by House Democrats to be their caucus chairman, making him the highest-ranking Latino in Congress; by Luria, a Navy veteran; and by Stephanie Murphy of Florida, the co-chair of the moderate Blue Dog Coalition and the first Vietnamese American woman to serve in Congress.Pelosi also wanted to maintain a close watch on the committee’s activities, enabled by her ally Zoe Lofgren — a lawyer, former impeachment manager and chair of the House Administration Committee, and also, as one member put it, “Pelosi’s eyes and ears.”Appointing Cheney to the committee would count as one of Pelosi’s most consequential decisions in a political career that has spanned more than three decades. Though Raskin had become close to Cheney, who was a House freshman with him in 2017 and informally advised him during the second impeachment trial, other Democrats remembered her as a partisan brawler.It was Cheney, after all, who led the messaging war against the first impeachment hearings in the fall of 2019, terming the investigators’ hurried inquiry “shameful” and declaring that “history will judge them.” Less than three months before getting the call from Pelosi, Cheney had also publicly refused to rule out running for president in 2024. The committee and its staff members had cause to wonder whether Cheney would put her ambitions aside or use this new platform to further them. Still, none of them raised objections when Thompson elevated Cheney to the role of vice chair — though he first offered the post to Raskin, who recommended that Thompson give it to Cheney as a way of emphasizing the committee’s bipartisan character. Thompson needed little convincing; as he would say later, “I didn’t want the naysayers to be able to say it was a Democratic witch hunt.”Representative Zoe Lofgren of California was described by another committee member as “Pelosi’s eyes and ears.”Just three weeks into the committee’s life, Pelosi made a second fateful decision. The speaker had offered to let Kevin McCarthy fill five seats on the committee. On July 19, McCarthy made his selections public. Three of them — Rodney Davis of Illinois, Kelly Armstrong of North Dakota and Troy Nehls of Texas — were deemed reasonable choices by Pelosi. The other two were Jim Banks of Indiana, who chaired the conservative Republican Study Committee, and Jim Jordan of Ohio, the ranking member on the Judiciary Committee. Both were pugnacious defenders of Trump and prominent 2020 election deniers.The following day, Pelosi conferred with the committee members in a series of phone calls. She told them that she felt unease about Jordan and Banks and that Chuck Schumer, the Senate majority leader, had already weighed in on the subject: “Don’t seat them. They are insane.” Lofgren, Raskin, Cheney and Thompson shared Pelosi’s concerns. Schiff was undecided, while Aguilar argued that she should go ahead and seat all five Republicans but be prepared to remove them at a moment’s notice.Pelosi made her decision. “I’ll take the political hit,” she told Aguilar. She added casually, “It’ll only last for 10 minutes.”The next day, Pelosi notified McCarthy of her decision to veto his choices of Jordan and Banks. McCarthy informed Pelosi that he was withdrawing his other three selections as well and boycotting the investigation altogether. He also warned her that he would remember this moment two years later, when he himself was likely to be running the House.Four days after McCarthy withdrew his Republican choices, Pelosi selected an additional one herself: Adam Kinzinger, who had joined Cheney and eight other Republicans in voting to impeach Trump six months earlier and who brought a swaggering Air Force pilot’s informality to the committee, often chewing tobacco during its meetings. By the time the committee’s public hearings commenced in June 2022, the speaker’s decision and McCarthy’s response to it had taken on monumental significance: After spending 18 months recasting the insurrection as alternately a nonevent and a setup, the House Republicans essentially deplatformed themselves from a nationally televised revisitation of the subject.The lack of obstructionist voices on the committee meant the panel could proceed with a clean, uninterrupted narrative about the events of Jan. 6. “Had the speaker seated on the committee the circus clowns, the insurrection sympathizers, it would’ve been just a shit show,” Schiff would later say. “No one would’ve come forward. None of the public would’ve watched. It wouldn’t have been worth watching. So that original decision was really the basis upon which we were able to conduct a serious investigation.”Committee members during a Congressional Gold Medal ceremony honoring law-enforcement officers for their service on Jan. 6, 2021. From left: Liz Cheney, Stephanie Murphy, Jamie Raskin and Elaine Luria.A Committee Unlike Other CommitteesOn June 9, 2022, midway into the first hearing, the lights in the Cannon Caucus Room were dimmed, and the big screen flickered with images from the attack on the Capitol. Thompson had warned the audience that “this isn’t easy to watch.” Despite the ubiquity by that point of Jan. 6 footage, the slow-moving-train-wreck vividness of the Goldston team’s 11-minute production — accompanied by a visceral soundtrack of thundering chants, presidential bluster, nervous radio traffic and the shattering of Capitol windows — lent the riot an aura of claustrophobia-inducing immediacy. The final voice on the video clip was that of Trump, six months after the insurrection, recalling fondly to a Fox News host, “The love in the air, I’ve never seen anything like it.” Its last image was of a rioter holding high a Trump 2020 banner that trembled in a sky befouled by tear gas. Throughout it all, the audience in the Cannon Caucus Room maintained a stricken silence. That first video would garner 31 million impressions on Twitter alone.Much of the footage was in fact new, assembled through both zealous investigation and mind-numbing study of the mounds of procured material. During a routine deposition, a witness (whose identity remains a secret) disclosed to the committee’s lawyers that Trump had telegraphed his intentions for the Jan. 6 rallygoers to march to the Capitol weeks before he “spontaneously” urged them to do so — in a draft tweet that was never actually posted. Similarly, the investigators learned that video outtakes existed of Trump’s acknowledgment on Jan. 7 that he would be departing the White House, in which he instructed his speechwriters, “I don’t want to say the election’s over.” They retrieved this material from the repository of Trump-administration work product housed in the National Archives.Such finds became known internally as “hot docs.” For the most part, however, Goldston’s video packages, as they are known in the TV industry, relied on the piecemeal accretion of small but telling details. A 25-year-old Democratic aide named Jacob Nelson became the staff’s resident riot-footage specialist and would later painstakingly pace off the 40-foot distance that, as a video package in the third hearing would reveal, separated Pence from the mob. That montage of Pence eluding the rioters was conceived principally by Marcus Childress, an investigative counsel and former Air Force judge advocate.The format of the public sessions could not have been more different from a typical congressional hearing, which traditionally affords each member five minutes to speak at their leisure one after the other, often making for a windy, disjointed and difficult-to-follow proceeding heavy on political speechifying and light on substance. Instead, the Jan. 6 hearings were meticulously choreographed. Each member’s one star turn, in a single hearing, would be focused on a topic assigned to them by Pelosi in consultation with her adviser Jamie Fleet and with Chairman Thompson — and, with few exceptions, they would stay silent the rest of the time. The format required the members to read from a Teleprompter, a new and somewhat difficult experience for many of them. Unlike typical congressional hearings, these would have a script. “Every word was intentional,” one senior staff member recalled. “Nothing was spontaneous.”Those scripts were sent, embargoed, to TV news organizations in advance, to help facilitate coverage and even cue camera angles for dramatic moments. The theme of each script was built around a list of a hundred or so factual elements compiled by the investigators, which Goldston’s team would then bring to life through graphics and video. The lead member for each hearing had a hand in shaping the script, but so did several others, including the vice chairwoman. Each hearing was preceded by at least two rehearsals held in the Cannon Caucus Room on evenings or weekends. Each monologue was timed with a stopwatch usually held by Mulvey, the communications director. One rehearsal lasted five hours, and the script of the hearing had to be cut nearly in half.The first hearing, in prime time, drew 19.4 million television viewers, three-fourths of whom were 55 or older, suggesting that millions more viewers who were younger watched it online. Over four million saw the hearing on MSNBC, enabling the liberal cable-news company to outscore Fox News, which elected not to carry the hearing in full. The subsequent afternoon hearings continued to draw more than 10 million — approaching the viewership of a Sunday night football game — and the coverage of them invariably extended for hours after Thompson gaveled for adjournment. That the hearings had outperformed expectations was a subject of considerable satisfaction for the members, who well remembered all the predictions that their efforts would prove to be a dud. Among these was an opinion piece by the New York Times columnist David Brooks headlined “The Jan. 6 Committee Has Already Blown It,” published a day before the first hearing. “The David Brooks piece, honestly, it was bulletin-board material,” Aguilar said. “It was like, ‘Challenge accepted.’”Representative Pete Aguilar of California, the next caucus chairman for House Democrats and the highest-ranking Latino in Congress.The third hearing included live testimony from J. Michael Luttig, a former federal judge — once on the short list to become a Republican nominee to the Supreme Court and a revered figure in elite conservative circles — who had advised Pence on Jan. 5 that the vice president had no constitutional power to overturn the election results.John Wood, a former U.S. attorney and former clerk to Luttig and Justice Clarence Thomas, had been brought on by Cheney to work on the committee. Wood, one of the leaders of the Gold Team investigating Trump’s inner circle, reached out to Luttig early on to informally interview him about the advice he gave to Pence and to ask him to testify. Luttig would later recall that he worked for two days straight preparing his remarks: “I had this overwhelming understanding that, because of who I was, I had the highest obligation to the country to choose every single word with as great a precision as I was capable of.”Schiff fought for the right to lead the fourth hearing — focused on the pressure that Trump and his associates put on state and local officials to reverse the election results — because of his interest in the overt efforts to corrupt the election process in Georgia. Referring to Trump’s notorious arm-twisting phone conversation on Jan. 2 with the Georgia secretary of state, Brad Raffensperger, which one of Raffensperger’s aides recorded and which was played during the hearing, Schiff later said: “There’s no disguising the president’s involvement in that call. He’s frigging on the line.”In preparing for the June 21 hearing, Schiff reviewed the videotaped testimony of a Georgia election worker named Ruby Freeman, a gregarious Black woman who liked to wear a T-shirt with her nickname, Lady Ruby, until Trump, his personal attorney Rudy Giuliani and other right-wing influencers began falsely accusing her and her daughter of having smuggled fake ballots for Biden, using racist tropes and leading to a deluge of threats to them and their family (Giuliani said the women were suspiciously handling USB devices “as if they’re vials of heroin or cocaine’; the objects turned out to be a single ginger mint). Freeman described in her testimony how the F.B.I. had persuaded her to leave her home because of death threats from Trump supporters. “He targeted me, Lady Ruby, a small-business owner, a mother, a proud American citizen,” Freeman told the committee’s lawyers in outraged disbelief, “who stood up to help Fulton County run an election during the middle of a pandemic.”Goldston’s producers weren’t quite sure where to place the Ruby Freeman vignette in the script. Schiff, a former federal prosecutor, was adamant. He told them that he had to fight off tears when he watched her. They had to end Schiff’s presentation with Freeman talking about what it felt like for an individual to endure the gale force of Donald Trump’s wrath.The committee members would soon find themselves targeted as well. Capitol Police began posting officers at witnesses’ homes, putting snipers on roofs and assigning officers to drive with members to and from their homes. By the end of July, the House sergeant-at-arms, Maj. Gen. William J. Walker, recommended to Stephanie Murphy that she be accompanied by a four-person round-the-clock security detail. “Do you really think that’s necessary?” she asked Walker.“Stephanie, you’re doing the hearing on domestic violent extremists, aren’t you?” Walker asked.“And at that point, they put them on all of us,” Murphy recalled later. “Because increasingly, our hearings were clearly highlighting the president.”Representative Stephanie Murphy of Florida, a moderate Democratic voice on the committee, was a co-leader of the hearing on domestic violent extremists.A Surprise WitnessIn October 2021, eight months before the hearings began, the former Trump White House deputy press secretary Sarah Matthews met Liz Cheney in her hideaway. Accompanying Matthews was her friend Alyssa Farah Griffin, Trump’s former communications director. Griffin had already been cooperating with the committee. This was Matthews’s first encounter with the operation, and though she had been estranged from Trump world since she resigned on Jan. 6 because of the president’s conduct during the riot, she wasn’t sure she had much to offer. Moreover, Matthews now had a job on Capitol Hill, working as the spokeswoman for the Republican members of the House Select Committee on the Climate Crisis. After the tumultuous years of the Trump presidency, Matthews had resumed a life of contented anonymity and had no wish to upend it.Still, she was impressed that the vice chairwoman had taken the time from her busy schedule to meet with her for what would be a two-hour off-the-record conversation. Though Matthews had always regarded Cheney from a distance as rather intimidating, in this setting she seemed witty and even warm. She was also discreet: News of their meeting never leaked to the press. Matthews decided to cooperate with the committee. At a minimum, she could refer Cheney and the investigators to more in-the-know potential witnesses.At one point in their conversation, Matthews observed that the committee was unlikely to gain the cooperation of Mark Meadows. Then she said: “The person you really should talk to is Cassidy Hutchinson. She was his shadow.”It was remarkable how much the White House chief of staff shared with his young assistant, Matthews explained to Cheney. Hutchinson was constantly by Meadows’s side. She was on a first-name basis with Republicans in the House and the Senate and texted with them frequently. Cheney had heard Griffin share similar observations about Hutchinson. But then Matthews said that she had bumped into Hutchinson recently, and the former aide had confided that she and Meadows had a falling out. Hutchinson was no longer a Trump loyalist.A month after Matthews met with Cheney, a federal marshal knocked on Hutchinson’s door and served her with a subpoena. Unemployed at this point, she retained a legal team headed by Stefan Passantino, a former Trump deputy White House counsel whose fee was being covered by the Trump-affiliated PAC Save America. Hutchinson’s first deposition, on Feb. 23, ran long, and she agreed to answer the investigators’ remaining questions a day or two later. Between those two meetings, Hutchinson received an ominous phone call from someone she knew. The caller, a top aide to Meadows, Ben Williamson, said that someone had something to tell Hutchinson. As the committee’s transcript would read: ‘‘Mark told me you have your deposition tomorrow … Mark wants me to let you know that he knows you’re loyal, and he knows you’ll do the right thing tomorrow and that you’re going to protect him and the boss.’’Hutchinson waited until June to disclose this phone call to Cheney. By then, she had grown concerned that the substance of her multiple interviews with the committee was being conveyed to Trump, and she suspected her own legal team. Hutchinson parted ways with Passantino (who denies passing on information relating to her testimony to Trump) and hired Jody Hunt, who was the head of the Justice Department’s civil division under Attorneys General Jeff Sessions and William Barr and who agreed to represent her on a pro bono basis.With her new lawyer, Hutchinson showed up for another interview in Cheney’s hideaway in late June. Sitting at the conference table with detailed notes splayed out in front of her, she proceeded to share new details of Trump’s conduct before and during Jan. 6.Tim Mulvey was eating lunch at a restaurant on that Friday afternoon when he was instructed by phone to report to Cheney’s hideaway immediately. Among those gathered were the vice chairwoman; Chairman Thompson; the staff director, David Buckley, and his deputy, Kristin Amerling; the senior investigator Dan George; and the Pelosi adviser Jamie Fleet. They crowded around a laptop to watch on videotape what Cheney had just experienced firsthand: Hutchinson describing how Trump wanted the security magnetometers removed at his Jan. 6 rally, because his armed supporters were “not here to hurt me”; how Trump had to be physically restrained while angrily demanding that his driver take him to the Capitol after his speech at the rally; how he sat for hours watching the televised coverage of the riot.Immediately after the meeting, Mulvey called James Goldston at his home in Brooklyn Heights, where he was enjoying a planned production break as Congress was heading into a two-week recess. “There’s going to be a hearing next Tuesday,” Mulvey informed Goldston, adding that the matter was sensitive and should be confined to a very small production team. Over the weekend, Fleet called the other seven committee members and advised them that, unexpectedly, they would be needed for a hearing on Tuesday but did not provide further details.On June 28 at 10 a.m., the nine committee members met in a room called a SCIF — for sensitive compartmented information facility — where they could receive classified information. For the first time, Cheney and Thompson informed the others that they had been summoned back because Cassidy Hutchinson had shared explosive new revelations pertinent to their investigation. Though they had planned for Hutchinson to appear as a witness at a later hearing, along with Sarah Matthews, Cheney argued that her testimony couldn’t wait — that they couldn’t risk it leaking, and that Hutchinson’s safety was at issue. A hearing was scheduled for that same afternoon, in three hours. The script was completed. The video footage had been assembled and uploaded into the server. Hutchinson would be the afternoon’s stand-alone witness. “Each time we learned a little more than we learned the time before,” Thompson recalled of Hutchinson’s interviews. “So you’re trying to figure out: Are we being strung along? Can we believe this?” The members reviewed her statements carefully and found her credible. “It was clear that she was telling the truth,” Thompson said. “Based on that conversation in the SCIF, we went forward.”Around 12:30 p.m., Hutchinson and her attorney were escorted by Capitol Police through the parking garage of the Cannon House Office Building to a holding room on the second floor, where she was met by two committee staff members. Just before 1 p.m., they led the witness to a back elevator and took it up to the fourth floor, bypassing the hearing room in order to be able to make a secure entrance. Before taking a stairway down to the third floor and into the Cannon Caucus anteroom, the deputy communications director, Hannah Muldavin and Hutchinson stopped in the women’s restroom.Muldavin was only a couple of years older than Hutchinson. She coached several of the female witnesses on details like what to wear and how to sit during the hearings. Still, Hutchinson was the only witness, female or male, around whose testimony an entire hearing would be built. She was visibly nervous. Muldavin told her that her coming forward to testify was a show of courage that women and girls would look up to: “You’re going to be iconic.”Representatives Zoe Lofgren and Elaine Luria reviewing Jan. 6 material in a secure reading room at the Capitol.The Chairman’s PinEven before Hutchinson’s surprise hearing that garnered 13.2 million television viewers and was acknowledged as a turning point — with the conservative legal writer and former assistant U.S. attorney Andrew McCarthy observing in National Review that “things will not be the same after this” — Goldston’s production team had gained the full confidence of the committee’s members and staff. The team began to take more chances as the hearings proceeded, employing “deep teases” early into the programs and exploiting any opportunities for wicked humor. During the July 12 hearing, footage was aired of a committee lawyer asking Ivanka Trump if it was true that she had attended the rally in hopes of calming her father. With an expression so blank that it appeared to be computer-generated, Trump’s daughter replied: “No. I don’t know who said that or where that came from.” The producers then cut to testimony by Ivanka Trump’s own former chief of staff, Julie Radford, affirming that her boss had attended the rally precisely for that reason.The committee’s keeper of riot footage, Jacob Nelson, had discovered video of Senator Josh Hawley of Missouri and several congressional staff members racing down a corridor of the Capitol to avoid the mob. Hawley had been photographed on the morning of Jan. 6 holding up a fist to show solidarity with the protesters outside the Capitol. During the rehearsal the night before the committee’s eighth hearing — devoted to the 187 minutes on Jan. 6 in which Trump did not use his authority to quell the riot — a video clip of Hawley and the others running was played to the members. Cheney, ordinarily a stoic presence, cracked up laughing. Then she had a request. “Could you run that again?”Later that night, however, the production team was told that the Hawley footage would have to be shortened to avoid showing the faces of others who were not public figures. Around 2 a.m., the producer Melinda Arons found out about the drastically truncated footage. Just six weeks earlier, Arons had stood with Goldston in the control room before the first hearing, saying that she was about to throw up. Now she had a solution for the blink-of-an-eye image of Hawley in flight: She would run the video clip of him running first at normal speed and then a second time in slow motion.The clip would go viral beyond anyone’s expectations. Luria and Kinzinger, as the military veterans on the committee, had requested that they lead this hearing to lend added emphasis to Trump’s dereliction of duty. About an hour into the hearing, Luria quoted aloud from a Capitol Police officer who observed how Hawley’s raised fist riled up the crowd. She added: “Later that day, Senator Hawley fled after those protesters he helped to rile up stormed the Capitol. See for yourself.” At the almost “Monty Python”-esque spectacle of the slender 42-year-old senator sprinting across a hallway in his suit and dress shoes, the hearing’s audience erupted in laughter. The footage would spawn a host of Hawley-running memes accompanied by soundtracks like the themes to “Rocky” and “Chariots of Fire.” Later that summer, Arons was vacationing far from Washington when she saw someone wearing a T-shirt bearing the words, “Josh Hawley Runs!”By the conclusion of the “187 minutes” hearing, the question was now whether the committee’s last scheduled hearing in October would, in the words of both Time and CNN, “stick the landing.” Every hearing required 20-hour workdays and 11th-hour revisions. Some committee staff members said they slept only two hours a night preparing for a hearing. Hearings were delayed, then sped up, then combined into fewer hearings, then expanded again. “Each one of these hearings was the equivalent of creating a two-and-a-half-hour documentary,” Raskin said, “and they were being done in a period of a week or 10 days.”The staff members, many in their 20s, who spent untold hours culling through the footage of police officers being beaten found the images impossible to shake from their memory. At one point, the producers showed footage of Pelosi’s staff being evacuated to Terri McCullough, the speaker’s longtime chief of staff. McCullough recognized herself among those being herded out of the office and began to cry.Perhaps the greatest psychological burden fell on the Purple Team, whose job was to investigate the role of militias, white-supremacist organizations and other domestic violent extremists in the attack. The team was headed by Candyce Phoenix, a former Justice Department civil rights attorney and a staff director for a subcommittee Raskin serves on. Phoenix and several other investigators on the Purple Team were people of color. The racial subtext among the overwhelmingly white mob — immediately apparent to the Black and Latino officers on the scene — became even more clear when the Purple Team began conducting interviews with some 30 extremists who faced charges for their actions on Jan. 6 and who, in the words of one investigator, “were only too happy to spew their racism.”In two of his opening statements that Tim Mulvey had drafted, Thompson had inserted a few biographical sentences. They reflected the perspective of a Black Southerner who had come of age in the civil rights era, only to see a sitting president try to disenfranchise the people by attempting to overturn a democratically held election. Thompson often told a story from Jan. 6, when he was momentarily trapped with other Democratic members of Congress in the House gallery while the mob banged on the doors. A Capitol Police officer had urged Thompson and the other members to take off their House pins, so that when they made their escape they would be less easily identified. “There are people out there flying the Confederate flag,” the officer added.Thompson refused. He would later recall, “I felt that taking that metal off would have been abhorrent to everything I believe in.”Chairman Thompson addressing committee members and staff after the panel’s final public meeting on Dec. 19.Dick Cheney’s DaughterAs the stress and friction among staff and committee members grew, one constant source of conflict became increasingly acute: how Liz Cheney had turned the typically ceremonial role of vice chair into a position of unmatched power, much the same way her father transformed the vice presidency 20 years earlier.Just as Dick Cheney had made sure to defer to President George W. Bush, his daughter was careful not to subvert the will of Chairman Thompson, whose moral authority all the members respected. Thompson often mediated disputes among them, putting his arm around them and appealing to “Brother Schiff” or “Brother Raskin.” On occasion, he asserted the chairman’s prerogative to make a more consequential judgment call. When some members expressed concern about the precedent it would set for a committee composed mainly of House Democrats to issue subpoenas to some of their Republican colleagues, they also worried about the risk involved — if anyone refused to comply with a subpoena, the committee would have to contemplate criminal referrals for contempt of Congress, or do nothing and appear to be ineffectual. Thompson was insistent that Republican leaders like Jim Jordan and Kevin McCarthy who were in contact with the president on Jan. 6 should not be able to avoid their legal obligation to provide testimony — although both would defy their subpoenas anyway. The committee would eventually refer them, and two other congressmen, to the House Ethics Committee for sanction.But Thompson also had chairman duties for the Homeland Security Committee. Cheney, by contrast, had stopped going to House Republican conferences entirely, spent almost no time campaigning for re-election in Wyoming, lived in the Washington area and maintained a Captain Ahab-like focus on Donald Trump as a singular threat to American democracy. Cheney participated in numerous depositions. Those interviews that she was unable to monitor, she often delegated to her counsel, Joe Maher, or to John Wood. Cheney spent hours in her hideaway reading the committee’s interview transcripts. “She was singularly obsessed with this,” a committee member said.Daughter of Dick Cheney that she was, the vice chairwoman drove the committee’s agenda from the start. It was Cheney who, in March 2022, insisted that each hearing focus on a separate election-stealing scheme. Though entire teams had been developed to investigate the money behind the riot (Green Team), the riot’s violent instigators (Purple Team) and the law-enforcement and security lapses before and during the riot (Blue Team), Cheney saw to it that each facet was made subservient to the case against Trump.Cheney had a significant hand in the writing and editing of the scripts. She also shaped the committee’s interview process, down to who was served subpoenas and lines of questioning. Some staff members worried that the vice chairwoman could be using the committee’s platform to advance her own political future. Though reviled by the Republican base and its avatar, Trump, Cheney did not renounce her party affiliation, and her roots remained deep. Unlike her father when he accepted Bush’s invitation to be his running mate in 2000, Liz Cheney had at no time publicly vowed that her designs on higher office were behind her.What seemed to rankle most about Cheney was not her career ambitions but her lack of interest in tending to the wounded egos of others. The investigative team included seasoned federal prosecutors who were not used to being pushed around by a politician. Often, they complained to Goldston, whose approachability and calming demeanor masked the fact that he and Cheney usually saw eye to eye. During run-throughs, Goldston would sometimes furtively send texts to Cheney to convey his opinion that a particular staff presentation fell short of compelling. Then, a few minutes later, Cheney would voice her judgment, which was exactly what the producer had privately expressed.At rehearsals, Cheney was occasionally accompanied by Philip Perry, a former Justice Department official who stood out from the other lawyers in the room because he happened to be Cheney’s husband. Perry had an incisive mind and was careful not to step on toes. Still, he was the only spouse present at more than one rehearsal, and there was no confusion as to whose side he was there to defend.But the true source of Cheney’s power was Nancy Pelosi. Throughout the committee’s 18-month life span, the speaker’s role in its affairs was both opaque and unmistakable. On the few occasions when Pelosi hosted all the members in her conference room, she handed out chocolates and said very little. Still, it was understood that her adviser Jamie Fleet was on hand not just as proxies for the speaker but specifically to make sure that Cheney was given the resources she needed to carry out her prerogatives. Or so it appeared, as one member expressed later: “That’s one of the frustrations. Is Jamie Fleet giving her that power through the speaker? Or is she just doing it, and nobody has the power to push back? I don’t know.”What was impossible to ignore, in the end, was Cheney’s contribution to a committee that was expected to flounder as so many other congressional hearings had before it. The vice chairwoman was its most public-facing member, and her position of leadership complicated the assertions by members of her own party that the Jan. 6 inquiry was nothing more than a Democratic witch hunt. (So did the committee’s near exclusive reliance on the testimony of Republican witnesses.)It was in her role backstage, the source of most of the internal criticism against her, where Cheney’s singular standing was especially felt. The fruits of the Cassidy Hutchinson hearing that she orchestrated did not end with Hutchinson’s damning testimony. Both publicly and through legal channels, Cheney urged Trump’s 56-year-old former White House counsel, Pat Cipollone, to risk incurring the former president’s wrath and come forward as the 25-year-old White House aide had done. Cipollone had agreed to testify and then reneged on the day he was due to appear. After the Hutchinson hearing and bowing to Cheney’s pressure, Cipollone submitted to an eight-hour deposition in which he avoided talking about his one-on-one conversations with Trump but otherwise confirmed nearly all the key details of Hutchinson’s recollections.That Hutchinson had been so forthcoming to begin with was a result of Cheney, a fellow conservative, having spent considerable time earning her trust. She had done the same with Sarah Matthews and other Republican witnesses who might otherwise have been disinclined to reap the whirlwind by offering testimony to a mostly Democratic committee, including Rusty Bowers, the Arizona House speaker whose refusal to do Trump’s bidding and subvert the state’s contested election results led to death threats and accusations that he was a pedophile. Citing Bowers and other witnesses, a senior staff member said of Cheney: “She was the reason they felt comfortable. They weren’t going to do it for Adam Schiff.”Kinzinger went even further. “I think, frankly, when this is all done, she’s going to be the whole reason this was successful,” he said. “I’ve been frustrated with her on a number of things. But with all her faults, this would’ve been a complete failure, I think, without her.”Representative Adam Kinzinger of Illinois, the committee’s second Republican, is retiring after his district was redrawn.Representative Elaine Luria of Virginia, a Democrat, lost her re-election bid to a Republican.The CostFrom the outset, Trump ridiculed what he referred to as the “Unselect Committee” and maintained that its endeavors amounted to a “witch hunt.” Even before its inception, however, the Trump-fueled invective toward Cheney had led to death threats against her. By May 2021, Cheney was accompanied by a security detail assigned to her. At one point, she deemed it unnecessary and requested that it be removed. It was not long before the security team was reassigned to her, however. Cheney did not discuss what happened with anyone outside her family, other than to say that the situation was “threat level-based.”Trump vilified Cheney as he had no other Republican. “To look at her is to despise her,” he declared in one statement emailed to supporters. He called her Pelosi’s “new lapdog RINO,” a “low-polling warmonger,” a “smug fool” and “bad for our Country.” He made it his personal mission to defeat her in the August 2022 primary, throwing his weight behind a handpicked Republican opponent, Harriet Hageman (who had been a supporter of Cheney), while warning his supporters in a fund-raising email that Cheney and her committee were “trying to destroy the lives of many wonderful people, including YOUR President.”On Aug. 16, Hageman demolished Cheney by 37 points, an unthinkable margin even a year earlier for the once-ascendant House Republican chairwoman. Cheney conceded early that evening. Noting that she had garnered 73 percent of the primary vote just two years earlier, Cheney said: “I could easily have done the same again. The path was clear.” It was a path well trod by her own party: subscribing to Trump’s lie that the 2020 election had been stolen and enabling his “ongoing efforts to unravel our democratic system and attack the foundations of our republic.” Cheney chose the opposite path, knowing the political consequences for doing so. In the same factual tones that had become familiar to millions of committee-hearing viewers, Cheney recited the plain truth: The voters had spoken. Hageman had won. Cheney conceded. It was the way democracy worked, once upon a time in America.Two months later, on Oct. 13, the Jan. 6 committee conducted its final public hearing. It had been delayed; the official cause was Hurricane Ian, but an additional reason was that Cheney’s heavy hand in writing the script had antagonized members and staff members who felt that it relied too heavily on information that had already been shared in previous hearings. Even Goldston, a Cheney ally but also a journalist, implored her to allow more newsworthy material into the script. But in Cheney’s view, the final hearing needed to be a legalistic argument about Trump’s intent. Indeed, at its conclusion, Cheney offered a resolution that Trump be subpoenaed by the committee. The nine members voted unanimously to do so. Trump, like his congressional acolytes, did not comply with the subpoena.One week after the hearing, Cheney asked her longtime chief of staff, Kara Ahern, to find the contact information for the historian Ted Widmer. In December 2020, Cheney had begun reading Widmer’s recent book, “Lincoln on the Verge,” a historical narrative of the president-elect’s perilous 13-day train voyage from Springfield, Ill., to his inauguration in Washington during another time when the nation’s fate appeared to be at stake. She remembered standing in her kitchen about two weeks before the Jan. 6 attack with Widmer’s book in her hands, transfixed by his account of how Gen. Winfield Scott secured the Capitol with federal troops while the 1860 electoral votes were being counted, lest a mob seize the wooden boxes in which the ballots were kept — as they were kept on Jan. 6, 2021.“Please, call me Liz,” Cheney requested when she got on the phone with Widmer, after he addressed her as “Congresswoman,” a title she would be relinquishing in about 10 weeks. She told the historian she wanted to thank him for writing something that had meant so much to her in a moment of struggle. Looking back, she told him, she found that the book had mentally prepared her for a calamitous event that had not yet arrived.Cheney kept the focus on Trump. At its final public meeting on Dec. 19, the committee made historic criminal referrals of the former president to the Justice Department.The Final WordWith its expiration date of Jan. 3 looming, the committee spent its final months in a frenzy of activity occasionally marred by bitter contentiousness. Cheney, unsurprisingly, was at the center of the conflicts. One point of disagreement was over her insistence that the committee make criminal referrals of Trump; John Eastman, the lawyer who advised Trump that Pence could overturn the election; and others to the Justice Department, which initially struck Lofgren as an empty symbolic gesture, until Thompson stepped in and helped form a consensus around Cheney’s position.Far more controversial internally was Cheney’s adamant position that the committee’s final report focus primarily on Trump’s misconduct, while marginalizing the roles of violent domestic actors, their financial organizers and their sympathizers in law enforcement. Informed of this decision in early November, current and former staff members anonymously vented their outrage to news outlets. Some members aligned themselves with the dismayed staff, while other members agreed with Cheney that some of the chapters drafted by different aides did not measure up to the committee’s standards. Still, it seemed excessive to some on the committee when Cheney’s spokesperson claimed to The Washington Post on Nov. 23 that some of the staff members submitting draft material for the report were promoting a viewpoint “that suggests Republicans are inherently racist.”Senior staff members had resigned under less than amicable circumstances throughout the committee’s tenure. The senior technical adviser and former Republican congressman Denver Riggleman left for another job after several committee members suspected him of leaking material to the news media (which he denies having done). In September, the former federal prosecutor Amanda Wick and others left over disagreements about the committee’s direction. And in November, similar disgruntlement compelled Candyce Phoenix, who led the Purple Team investigating domestic extremists, to step back from her duties even as the final report was nearing its closing stages.The writing of the report continued to be a mess. There was great confusion about how the report would be written and what role different people would play in putting it together. After months of dysfunction and infighting, Thomas Joscelyn, a writer brought on board by Cheney who at one point was told he would not be working on the draft after all, ended up submitting drafts that would constitute significant portions of the report. The final product, however, was a group project, prompting concerns that it would read like one.Amid these tensions, one factor helped galvanize the committee during its final days of working together. Four of its nine members were either defeated during the 2022 midterms (Cheney and Luria) or decided to retire from Congress (Kinzinger, whose district had been redrawn to favor Democrats, and Murphy). As December came and the Washington offices of those four departing members were stripped of their furnishings to make way for new occupants, the final duty they discharged was that report: a roughly 450,000-word document, which would be posted on the committee’s website. Like every committee report before it, the text would be sent over to the U.S. Government Publishing Office on North Capitol Street to be printed, featuring colorful graphics and engaging fonts not typically found in a government publication — a final appeal to a larger audience that began in earnest when the committee asked James Goldston to assemble his production team in May 2022.How many would ever read the document, and be convinced by the evidence it held, would be unknowable, but also beside the point. The Government Publishing Office is a hoary federal institution that was created by a congressional resolution in 1860 and began operation in 1861, after Lincoln’s inauguration and just before the country descended into civil war. It printed the Watergate White House transcripts in 1974 and the Sept. 11 Commission Report in 2004. Soon it would also place the Jan. 6 committee and its findings in the American historical record, as the lasting artifact of a congressional inquiry premised on the belief that if democracy was sacred, then so was the duty to investigate an attack on it. “The Congress had the highest obligation to conduct these hearings,” Judge Luttig would say of the committee’s efforts. “And the hearings themselves have been historic, and perhaps never to be replicated.”Robert Draper is a contributing writer for the magazine. He is the author of, most recently, “Weapons of Mass Delusion: When the Republican Party Lost Its Mind.”Philip Montgomery is a photographer whose current work chronicles the fractured state of America. His new monograph of photography, “American Mirror,” was published earlier this year. More

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    Jan. 6 Panel to Consider Criminal Referrals Against Trump and Allies in Final Session

    The committee announced a Dec. 19 meeting to discuss its final report and consider criminal and civil referrals against the former president and key players in his plot to overturn the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol plans on Monday to consider issuing criminal referrals against former President Donald J. Trump and his top allies during a final meeting as it prepares to release a voluminous report laying out its findings about the attempt to overturn the 2020 election.The committee announced a business meeting scheduled for 1 p.m. Monday during which members are expected to discuss the forthcoming report and recommendations for legislative changes, and to consider both criminal and civil referrals against individuals it has concluded broke laws or committed ethical violations.Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said the panel was considering referrals to “five or six” different entities, including the Justice Department, the House Ethics Committee, the Federal Election Commission and bar associations. Such referrals, which the committee is slated to approve as it adopts its report, would not carry any legal weight or compel any action, but they would send a powerful signal that a congressional committee believes that the individuals cited committed crimes or other infractions.In the case of Mr. Trump, an official finding that a former president should be prosecuted for violating the law would be a rare and unusual step for the legislative branch to take.In addition to the former president, the panel is likely to consider referring some of his allies to the Justice Department, including John Eastman, a conservative lawyer who was an architect of Mr. Trump’s efforts to invalidate his electoral defeat. The committee has argued in court that Mr. Eastman most likely violated two federal laws for his role in the scheme, including obstructing an official act of Congress and defrauding the American public.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.“Stay tuned,” Mr. Thompson told reporters this week, declining to divulge any charges or individuals who would be named. “We’re going with what we think are the strongest arguments.”The panel plans to release a portion of its eight-chapter final report into the effort to block the peaceful transfer of power from Mr. Trump to Joseph R. Biden Jr. The committee’s full report is scheduled for release on Wednesday. Additional attachments and transcripts will be released before the end of the year, according to a committee aide who spoke on the condition of anonymity without authorization to discuss the plans in advance..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Representative Jamie Raskin, Democrat of Maryland and the committee member whom Mr. Thompson tasked with studying criminal referrals, said the panel would present evidence of the alleged wrongdoing along with the names of the individuals it is referring to the Justice Department.“We are focused on key players where there is sufficient evidence or abundant evidence that they committed crimes,” Mr. Raskin said. “We’re focused on crimes that go right to the heart of the constitutional order, such that the Congress can’t remain silent.”The final report — which contains a lengthy executive summary of more than 100 pages — roughly mirrors the presentation of the committee’s investigative hearings that drew wide viewership over the summer. Chapter topics include Mr. Trump’s spreading of lies about the election, the creation of fake slates of pro-Trump electors in states won by Mr. Biden, and the former president’s pressure campaign against state officials, the Justice Department and former Vice President Mike Pence as he sought to overturn his defeat.The committee’s report is also expected to document how Mr. Trump summoned a mob of his supporters to Washington and then did nothing to stop them as they attacked the Capitol for more than three hours. It will also include a detailed analysis of the breach of the Capitol.“This report is written with some energy and precision and focus,” Mr. Raskin said, adding: “We’re all determined that this be a report that is made part of the national dialogue. We don’t want it to just sit up on a shelf.”The panel has already endorsed overhauling the Electoral Count Act, the law that Mr. Trump and his allies tried to exploit on Jan. 6, 2021, in an attempt to cling to power. Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office.“We obviously want to complete the story for the American people,” Mr. Raskin said. “Everybody has come on a journey with us, and we want a satisfactory conclusion, such that people feel that Congress has done its job.”He said the panel would also seek to address what must be done to prevent an event like the Jan. 6 attack from happening again.“That’s the heart of it,” Mr. Raskin said, “because we think there is a clear, continuing present danger to democracy today.”Stephanie Lai More

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    Is Donald Trump Ineligible to Be President?

    How does a democracy protect itself against a political leader who is openly hostile to democratic self-rule? This is the dilemma the nation faces once again as it confronts a third presidential run by Donald Trump, even as he still refuses to admit he lost his second.Of course, we shouldn’t be in this situation to begin with. The facts are well known but necessary to repeat, if only because we must never become inured to them: Abetted by a posse of low-rent lawyers, craven lawmakers and associated crackpots, Mr. Trump schemed to overturn the 2020 election by illegal and unconstitutional means. When those efforts failed, he incited a violent insurrection at the United States Capitol, causing widespread destruction, leading to multiple deaths and — for the first time in American history — interfering with the peaceful transfer of power. Almost two years later, he continues to claim, without any evidence, that he was cheated out of victory, and millions of Americans continue to believe him.The best solution to behavior like this is the one that’s been available from the start: impeachment. The founders put it in the Constitution because they were well acquainted with the risks of corruption and abuse that come with vesting great power in a single person. Congress rightly used this tool, impeaching Mr. Trump in 2021 to hold him accountable for his central role in the Jan. 6 siege. Had the Senate convicted him as it should have, he could have been disqualified from holding public office again. But nearly all Senate Republicans came to his defense, leaving him free to run another day.There is another, less-known solution in our Constitution to protect the country from Mr. Trump: Section 3 of the 14th Amendment, which bars from public office anyone who, “having previously taken an oath” to support the Constitution, “engaged in insurrection or rebellion” or gave “aid or comfort” to America’s enemies.On its face, this seems like an eminently sensible rule to put in a nation’s governing document. That’s how Representative David Cicilline of Rhode Island, who has drafted a resolution in Congress enabling the use of Section 3 against Mr. Trump, framed it. “This is America. We basically allow anyone to be president,” Mr. Cicilline told me. “We set limited disqualifications. One is, you can’t incite an insurrection against the United States. You shouldn’t get to lead a government that you tried to destroy.”This was also the reasoning of the 14th Amendment’s framers, who intended it to serve as an aggressive response to the existential threat to the Republic posed by the losing side of the Civil War. Section 3 was Congress’s way of ensuring that unrepentant former Confederate officials — “enemies to the Union” — were not allowed to hold federal or state office again. As Representative John Bingham, one of the amendment’s lead drafters, put it in 1866, rebel leaders “surely have no right to complain if this is all the punishment the American people shall see fit to impose upon them.”And yet despite its clarity and good sense, the provision has rarely been invoked. The first time, in the aftermath of the Civil War, it was used to disqualify thousands of Southern rebels, but within four years, Congress voted to extend amnesty to most of them. It was used again in 1919 when the House refused to seat a socialist member accused of giving aid and comfort to Germany in World War I.In September, for the first time in more than a century, a New Mexico judge invoked Section 3, to remove from office a county commissioner, Couy Griffin, who had been convicted of entering the Capitol grounds as part of the Jan. 6 mob. This raised hopes among those looking for a way to bulletproof the White House against Mr. Trump that Section 3 might be the answer.I count myself among this crowd. As Jan. 6 showed the world, Mr. Trump poses a unique and profound threat to the Republic: He is an authoritarian who disregards the Constitution and the rule of law and who delights in abusing his power to harm his perceived opponents and benefit himself, his family and his friends. For that reason, I am open to using any constitutional means of preventing him from even attempting to return to the White House.At the same time, I’m torn about using this specific tool. Section 3 is extraordinarily strong medicine. Like an impeachment followed by conviction, it denies the voters their free choice of those who seek to represent them. That’s not the way democracy is designed to work.And yet it is true, as certain conservatives never tire of reminding us, that democracy in the United States is not absolute. There are multiple checks built into our system that interfere with the expression of direct majority rule: the Senate, the Supreme Court and the Electoral College, for example. The 14th Amendment’s disqualification clause is another example — in this case, a peaceful and transparent mechanism to neutralize an existential threat to the Republic.Nor is it antidemocratic to impose conditions of eligibility for public office. For instance, Article II of the Constitution puts the presidency off limits to anyone younger than 35. If we have decided that a 34-year-old is, by definition, not mature or reliable enough to hold such immense power, then surely we can decide the same about a 76-year-old who incited an insurrection in an attempt to keep that power.So could Section 3 really be used to prevent Mr. Trump from running for or becoming president again? As a legal matter, it seems beyond doubt. The Capitol attack was an insurrection by any meaningful definition — a concerted, violent attempt to block Congress from performing its constitutionally mandated job of counting electoral votes. He engaged in that insurrection, even if he did not physically join the crowd as he promised he would. As top Democrats and Republicans in Congress said during and after his impeachment trial, the former president was practically and morally responsible for provoking the events of Jan. 6. The overwhelming evidence gathered and presented by the House’s Jan. 6 committee has only made clearer the extent of the plot by Mr. Trump and his associates to overturn the election — and how his actions and his failures to act led directly to the assault and allowed it to continue as long as it did. In the words of Representative Liz Cheney, the committee’s vice chair, Mr. Trump “summoned the mob, assembled the mob and lit the flame of this attack.”A few legal scholars have argued that Section 3 does not apply to the presidency because it does not explicitly list that position. It is hard to square that claim with the provision’s fundamental purpose, which is to prevent insurrectionists from participating in American government. It would be bizarre in the extreme if Mr. Griffin’s behavior can disqualify him from serving as a county commissioner but not from serving as president.It’s not the legal questions that give me pause, though; it’s the political ones.First is the matter of how Republicans would react to Mr. Trump’s disqualification. An alarmingly large faction of the party is unwilling to accept the legitimacy of an election that its candidate didn’t win. Imagine the reaction if their standard-bearer were kept off the ballot altogether. They would thunder about a “rigged election” — and unlike all the times Mr. Trump has baselessly invoked that phrase, it would carry a measure of truth. Combine this with the increasingly violent rhetoric coming from right-wing media figures and politicians, including top Republicans, and you have the recipe for something far worse than Jan. 6. On the other hand, if partisan outrage were a barrier to invoking the law, many laws would be dead letters.The more serious problem with Section 3 is that it is easy to see how it could morph into a caricature of what it is trying to prevent. Keeping specific candidates off the ballot is a classic move of autocrats, from Nicolas Maduro in Venezuela to Aleksandr Lukashenko in Belarus to Vladimir Putin. It sends the message that voters cannot be trusted to choose their leaders wisely — if at all. And didn’t we just witness Americans around the country using their voting power to repudiate Mr. Trump’s Big Lie and reject the most dangerous election deniers? Shouldn’t we let elections take their course and give the people the chance to (again) reject Mr. Trump at the ballot box?To help me resolve my ambivalence, I called Representative Jamie Raskin of Maryland, who sits on the Jan. 6 committee and taught constitutional law before joining Congress. He acknowledged what he called an understandable “queasiness” about invoking Section 3 to keep Mr. Trump off the ballot. But Mr. Raskin argued that this queasiness is built into the provision. “What was the constitutional bargain struck in Section 3?” he asked. “There would be a very minor incursion into the right of the people to elect exactly who they want, in order to obtain much greater security for the constitutional order against those who have demonstrated a propensity to want to overthrow it when it is to their advantage.”The contours of the case for Mr. Trump’s disqualification might get stronger yet, as the Justice Department and state prosecutors continue to pursue multiple criminal investigations into him and his associates and as the Jan. 6 committee prepares to release its final report. While he would not be prohibited from running for office even if he was under criminal indictment, it would be more politically palatable to invoke Section 3 in that case and even more so if he was convicted.I still believe that the ideal way for Mr. Trump to be banished for good would be via the voters. This scenario is democracy’s happy ending. After all, self-government is not a place; it is a choice, and an ongoing one. If Americans are going to keep making that choice — in favor of fair and equal representation, in favor of institutions that venerate the rule of law and against the threats of authoritarian strongmen — they do it best by themselves. That is why electoral victory is the ultimate political solution to the ultimate political problem. It worked that way in 2020, when an outright majority of voters rejected Mr. Trump and replaced him with Joe Biden.But it’s essential to remember that not all democracies have happy endings. Which brings us to the most unsettling answer to the question I began with: Sometimes a democracy doesn’t protect itself. There is no rule that says democracies will perpetuate themselves indefinitely. Many countries, notably Hungary and Turkey, have democratically undone themselves by electing leaders who then dismantled most of the rights and privileges people tend to expect from democratic government. Section 3 is in the Constitution precisely to help ensure that America does not fall into that trap.Whether or not invoking Section 3 succeeds, the best argument for it is to take the Constitution at its word. “We undermine the importance of the Constitution if we pick and choose what rules apply,” Mr. Cicilline told me. “One of the ways we rebuild confidence in American democracy is to remind people we have a Constitution and that it has in it provisions that say who can run for public office. You don’t get to apply the Constitution sometimes or only if you feel like it. We take an oath. We swear to uphold it. We don’t swear to uphold most of it. If Donald Trump has taught us anything, it’s about protecting the Constitution of the United States.”Surely the remedy of Section 3 is worth pursuing only in the most extraordinary circumstances. Just as surely, the events surrounding Jan. 6 clear that bar. If inciting a violent insurrection to keep oneself in office against the will of the voters isn’t such a circumstance, what is?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    House Jan. 6 Panel Faces Key Decisions as It Wraps Up Work

    The committee investigating what led to the Jan. 6 attack on the Capitol will hold its first hearing since July on Wednesday, entering the final stage of its inquiry.WASHINGTON — A day before resuming its televised hearings and with only months remaining before it closes up shop, the House Jan. 6 committee is wrangling over how best to complete its work, with key decisions yet to be made on issues that could help shape its legacy.The panel, whose public hearings this summer exposed substantial new details about former President Donald J. Trump’s efforts to reverse the outcome of the 2020 election, must still decide whether to issue subpoenas to Mr. Trump and former Vice President Mike Pence.It has yet to settle on whether to enforce subpoenas issued to Republican members of Congress who have refused to cooperate with the inquiry, or what legislative recommendations to make. It must still grapple with when to turn its files over to the Justice Department, how to finish what it hopes will be a comprehensive written report and whether to make criminal referrals. It cannot even agree on whether Wednesday’s hearing will be its last.The panel has not disclosed the topics it intends to cover in the 1 p.m. hearing, its first since July. But it is still working to break new ground with its investigation.It recently had a breakthrough when Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, agreed to a voluntary interview about her role in seeking to keep Mr. Trump in office. That interview is expected to take place within weeks.The committee also issued a subpoena to Robin Vos, the Republican House speaker in Wisconsin whom Mr. Trump tried to pressure as recently as July to overturn the 2020 election, suggesting that the panel tracked Mr. Trump’s activities long after the Jan. 6, 2021, attack on the Capitol and his departure from office two weeks later. (Mr. Vos has sued to try to block the committee’s subpoena.)“Our hearings have demonstrated the essential culpability of Donald Trump, and we will complete that story,” said Representative Jamie Raskin, Democrat of Maryland and a member of the committee.But the committee has debated whether and how to highlight certain information related to the Jan. 6 attack. For instance, some members and staff have wanted to hold a hearing to highlight the panel’s extensive work investigating the law enforcement failures related to the assault, but others have argued that doing so would take attention off Mr. Trump.And it has struggled in recent weeks with staff departures and is facing public criticism from a former aide, Denver Riggleman, who says it has not been aggressive enough in pursuing connections between the White House and the rioters.The final stages of its planned 18 months of work are playing out against a shifting political climate. Polls suggest that Democrats could lose control of the House in November’s midterm elections. Mr. Trump is showing every intention of seeking the presidency again, and the committee’s Republican vice chairwoman, Representative Liz Cheney of Wyoming, who lost her primary in August, appears to be positioning herself as the party’s anti-Trump White House candidate for 2024, with the panel’s conclusions as part of her platform.Ms. Cheney on Saturday seemed to contradict other committee members by describing this week’s hearing as unlikely to be the last. Other members, including the committee’s chairman, have said it would likely be their final presentation.With that backdrop, Wednesday’s hearing could be seen as the first step in the closing stages of the committee’s work.“What they have to do is strategic,” said Norman L. Eisen, who was special counsel to the House Judiciary Committee from 2019 to 2020, including for the first impeachment and trial of Mr. Trump. “The first part of the end game is to close the deal with the American people.”The panel set high expectations for itself by revolutionizing what a congressional hearing could look like. Preparing for the hearing on Wednesday has consumed the committee’s focus in recent weeks..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.“They’ve pretty uniformly met and exceeded expectations,” Mr. Eisen said. “And when you’ve done that eight times, that suggests that you know what you’re doing. I suspect part of the reason that they took a lengthy hiatus — and by all reports worked very hard over the summer — was to be able to come back in September with a bang.”To some degree, the committee is now competing for attention with other investigations into Mr. Trump and his allies. The New York attorney general has filed a sweeping fraud suit against Mr. Trump and his family. Prosecutors in Georgia are conducting grand jury interviews about efforts to overturn Mr. Trump’s loss there. And the Justice Department is now conducting criminal inquiries into both the events that led to the Jan. 6 attack and Mr. Trump’s handling of classified documents he took with him upon leaving the White House.To help with its end game, the panel has quietly rehired John Wood, a former federal prosecutor who is close to Ms. Cheney. Before he left the panel for a brief, unsuccessful run for U.S. Senate in Missouri, Mr. Wood led the committee’s “Gold Team,” which investigated Mr. Trump and his inner circle.It has also expanded its number of staff members from about 50 up to 57, according to Congress’s latest financial data, and has spent about $5.3 million over its first year in existence.But at the same time, the committee has had five staff members put in resignation notices in recent weeks. Among them is Amanda Wick, a former federal prosecutor who was featured in a committee hearing and led the panel’s “Green Team,” which investigated the money trail connected to Jan. 6, including political donations and the funding of the rallies that preceded the violence.The hearing on Wednesday is expected to feature new video of the Jan. 6 attack and also new clips of some of the committee’s hundreds of interviews with witnesses.Representative Zoe Lofgren, Democrat of California, said the panel would focus some of its energy on ongoing threats to democracy, such as 2020 election deniers gaining power over election systems.“We have found additional information,” Ms. Lofgren said. “We worked throughout the summer.”The panel’s investigators pursued a number of topics this summer, traveling to Copenhagen, for example, to review footage shot by a documentary film crew of the political operative and Trump confidant Roger J. Stone Jr. Committee members have hinted that some of that material could turn up in Wednesday’s hearing.They held closed-door interviews with senior Trump administration officials in an effort to uncover more about the period between Jan. 6, 2021, when a mob of Mr. Trump’s supporters attacked Congress, and Jan. 20, when President Biden was sworn in, including talks about invoking the 25th Amendment to remove Mr. Trump from office.The panel at one point considered inviting generals who worked for Mr. Trump to deliver firsthand accounts of his behavior. (The idea has not moved forward.)Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said the panel recently received a trove of documents from the Secret Service in response to a subpoena it issued after the news that agents’ text messages from Jan. 5 and Jan. 6, 2021, had been lost.A spokesman for the agency said the Secret Service provided a “significant level of detail from emails, radio transmissions, Microsoft Teams chat messages and exhibits that address aspects of planning, operations and communications surrounding January 6th.” But the spokesman said the documents did not include any additional text messages, such as those sought by the committee that were erased during an upgrade of phones.Members of the committee had originally seen their investigation, and the possibility of a criminal referral, as a way of putting pressure on the Justice Department to pursue a criminal case. But with federal prosecutors now investigating elements of Mr. Trump’s efforts to retain power despite losing at the ballot box, the House committee is considering a new suggestion for the information it uncovered about Mr. Trump and his allies raising money by promoting baseless assertions about election fraud: making a referral to the Federal Election Commission, a largely toothless body that can weigh abuses of campaign finance laws.“F.E.C. would be a good possibility,” Mr. Thompson said. “Obviously we looked seriously at some of the fund-raising that went on around Jan. 6.”Members have also been discussing what legislative recommendations they should make. Last week, to close off the possibility of another president trying to have a vice president block the certification by Congress of the Electoral College results, Ms. Cheney and Ms. Lofgren introduced an overhaul of the Electoral Count Act, which quickly passed the House. (A somewhat different version is awaiting action in the Senate.)Members are also discussing reforms to the Insurrection Act, legislation related to the 14th and 25th amendments and regulation of militia groups. Members also are likely to recommend improvements to Capitol security.Not all the panel’s recommendations have found agreement. Mr. Raskin, for instance, has pushed for recommending the Electoral College be eliminated, but that idea has been met with resistance from Ms. Cheney and others and is unlikely to be included in the final recommendations.Maggie Haberman More

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    Jan. 6 Hearings to Resume Next Week With Focus on Domestic Extremists

    Representative Jamie Raskin, Democrat of Maryland, has said he plans to show ties between Donald J. Trump and militias that helped orchestrate the Capitol attack.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol plans to hold a hearing next Tuesday to reveal its findings about the connections between former President Donald J. Trump’s effort to overturn the 2020 election and the domestic violent extremist groups that helped to organize the siege on Congress.The panel announced that the session would take place on July 12 at 10 a.m. It is expected to be led by Representative Jamie Raskin, Democrat of Maryland, and Representative Stephanie Murphy, Democrat of Florida, who plan to chart the rise of the right-wing domestic violent extremist groups that attacked the Capitol and how Mr. Trump amassed and inspired the mob. The panel also plans to detail known links and conversations between political actors close to Mr. Trump and extremists.The hearing will be the first since the explosive, surprise testimony last week by Cassidy Hutchinson, a junior-level aide in Mr. Trump’s White House who came forward to provide a damning account of the president’s actions on Jan. 6, 2021. She recounted how Mr. Trump, knowing his supporters were armed and threatening violence, wanted to relax security measures to allow them to move around Washington freely, urging them to march to the Capitol and seeking to join them there.She testified to having overheard a conversation in which Mark Meadows, the White House chief of staff and her boss at the time, said that Mr. Trump had privately sided with the rioters as they stormed the building and called for the hanging of Vice President Mike Pence, saying that he deserved it and that his supporters were doing what they should be doing.The select committee has held seven public hearings to date, beginning with one last year in which it highlighted the testimonials of four police officers who battled the mob and helped secure the Capitol.After conducting more than 1,000 interviews, the committee began a series of public hearings last month to lay out the findings of its investigation, including one in which it focused heavily on the role the Proud Boys extremist group played in the storming of the building.The next session focused on how Mr. Trump spread the lie of a stolen election even as he was told repeatedly that the vote was legitimate, ripping off his donors and deceiving his supporters in the process. Subsequent hearings focused on how Mr. Trump pressured Mr. Pence, state officials and the Justice Department in a barrage of increasingly desperate efforts to overturn the election.In a recent interview with The New York Times, Mr. Raskin declined to provide specific details about communications between political actors close to Mr. Trump and militia groups. But he said it was clear that no mob would have come to Washington or descended on the Capitol were it not for Mr. Trump’s direction.“Donald Trump solicited the mob; he summoned the mob to Washington,” Mr. Raskin said, adding, “All of this was targeted on the joint session of Congress.” More

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    Pence Navigates a Possible White House Run, and a Fraught Political Moment

    In a speech on Monday, former Vice President Mike Pence sounded like a future presidential candidate, but not like someone interested in discussing the specifics of Jan. 6.Former Vice President Mike Pence has emerged from the Jan. 6 hearings in a peculiar position.To some Democrats in Congress, he has become something of a hero for resisting Donald J. Trump’s pressure campaign to overturn the 2020 election at a time when American democracy seemed to teeter on the brink. To Mr. Trump and his political base, Mr. Pence is a weakling who gave away the presidency. And to a swath of anti-Trump voters in both parties, he is merely someone who finally did the right thing by standing up to his former boss — years too late, after willingly defending or ignoring some of Mr. Trump’s earlier excesses.The whipsaw of images creates an uncertain foundation for a potential presidential campaign, for which Mr. Pence has been laying the groundwork. Yet the former vice president is continuing with his travels around the country in advance of the 2024 primaries, as he navigates his fraught positioning.Much as he did after the 2020 election, when he tried to keep his tensions with Mr. Trump from becoming public only to have him push them into the light, Mr. Pence continues to walk a tightrope, trying to make the best of a situation he didn’t seek without becoming openly adversarial to the president with whom he served and who remains the leader of the Republican Party.Mr. Pence himself has said little about Jan. 6, though his aides have testified about his resolve as Mr. Trump and his allies tried to press him to subvert President Biden’s victory. On Monday, in an economic speech at the University Club of Chicago, Mr. Pence sounded very much like a candidate — but not much like someone interested in discussing the specifics of what he lived through on Jan. 6.“We’ve all been through a lot over the last several years,” Mr. Pence told the audience. “A global pandemic, social unrest, a divisive election, a tragic day in our nation’s capital — and an administration seemingly every day driving our economy into the abyss of a socialist welfare state.” Insights into Mr. Pence’s mind-set at the time have come largely from the testimony of his former chief of staff, Marc Short, and of his former counsel, Greg Jacob. Mr. Pence, as he made clear in his Chicago speech, has kept his sights trained on the Biden administration and on electing Republicans, including Gov. Brian Kemp of Georgia and others who were sharply at odds with Mr. Trump, in the midterms. If Mr. Pence has sharper things to say, he may not do so until the fall, when he has a book coming out.Former Vice President Mike Pence at a campaign event for Gov. Brian Kemp of Georgia in Kennesaw, Ga., in May.Nicole Craine for The New York Times“The situation Mike Pence faces is a political briar patch,” said David Kochel, a Republican strategist who worked on Jeb Bush’s presidential campaign in 2016. “The more he’s praised by Democrats and the media for doing the right thing on Jan. 6, the more some in Trump’s base grow skeptical of his loyalty to the Trump team.” He added, “There is no upside for him to lean into any of this.”Later on Monday in Peoria, Ill., Mr. Pence called on Republicans to focus on the future and not the 2020 presidential election, an indirect reference to Mr. Trump’s incessant focus on his election loss that continues to this day. “In the days between now and Election Day, let’s cast a positive vision for the future for the American people,” Mr. Pence told a crowd of Republican activists at a Lincoln Day dinner. “Yes, let’s be the loyal opposition. Let’s hold the other side accountable every single day. In the days between now and Election Day, we need you to say yes — yes to the future, yes to a future of freedom and our cherished values. And the Republican Party must be the party of the future.”The Themes of the Jan. 6 House Committee HearingsMaking a Case Against Trump: The committee appears to be laying out a road map for prosecutors to indict former President Donald J. Trump. But the path to any trial is uncertain.Day One: During the first hearing, the panel presented a gripping story with a sprawling cast of characters, but only three main players: Mr. Trump, the Proud Boys and a Capitol Police officer.Day Two: In its second hearing, the committee showed how Mr. Trump ignored aides and advisers in declaring victory prematurely and relentlessly pressing claims of fraud he was told were wrong.Day Three: Mr. Trump pressured Vice President Mike Pence to go along with a plan to overturn his loss even after he was told it was illegal, according to testimony laid out by the panel during the third hearing.Three times Mr. Pence lauded accomplishments of “the Trump-Pence administration” and he related a story from his high school reunion about a former classmate who encouraged him by telling him, “We need you guys back.”During the speech, Kathy Sparrow, the chairwoman of the Republican Party of Hancock County, Ill., shouted “Pence for president!” Mr. Pence ignored the shout. “Trump had his turn,” Ms. Sparrow said after Mr. Pence’s remarks. “It’s time for Pence to step up and run.” The attention on Mr. Pence provides both potential benefit and peril as he considers running for president.Paeans from Democrats certainly do not help him, but his actions before, during and after Jan. 6 give him an opportunity to differentiate himself in what could be a crowded primary field, one that may include Mr. Trump. Mr. Pence, whose support for Mr. Trump helped allay concerns about him from evangelical voters in 2016, has the advantage of starting as a known entity to the Republican base.Mr. Pence has tried to stake out a lane for himself by representing the aspects of the Trump White House that appealed to conservatives but without the coarse and sometimes abusive behavior from Mr. Trump that they grew weary of. But this approach has been complicated by the fact that the loudest praise for Mr. Pence has come from Democrats who voted to impeach Mr. Trump.“In a time of absolutely scandalous betrayal of people’s oaths of office and crimes being committed all over the place, somebody who does their job and sticks to the law will stand out as a hero on that day,” Representative Jamie Raskin, Democrat of Maryland and a member of the House select committee investigating the Jan. 6 attacks, said on NBC News’s “Meet the Press” on Sunday. “And on that day, he was a hero.”Many other Democrats, however, have resisted the idea that Mr. Pence — who is known as cautious and loyal, and who did not break with Mr. Trump until the very end — should be praised, particularly as he considers campaigning to be the next president.“Pence is currently on his own political rehab tour, hoping he can wash the stink of being Trump’s vice president off,” the Arizona Democratic Party said in a blast email when Mr. Pence made a trip to the southern border in that state recently. “But we know just because Mike Pence didn’t give in on January 6 doesn’t change the fact he missed multiple opportunities to do the right thing for 4 whole years.”Other Democrats, including the members of the Democratic National Committee, have highlighted that Mr. Pence adhered closely to Mr. Trump without wavering during some of the biggest controversies of his presidency, including his first impeachment, and that Mr. Pence did not speak publicly about his views until moments before the election certification began on Jan. 6.Nonetheless, even some of the harshest critics of the Trump era have said that the actions of Jan. 6 should not be treated lightly.Vice President Mike Pence with President Donald J. Trump at the White House three weeks after Election Day in 2020.Erin Schaff/The New York Times“It’s true that for months before the election and weeks after, Mike Pence played along with Trump’s baseless election conspiracies,” said David Axelrod, a former top adviser to former President Barack Obama. “He certainly didn’t dissent. But, at the end of the day, he’ll be remembered for one critical moment when he resisted enormous pressure and literally put his life on the line for our democracy. And, for that, he deserves all the accolades he’s received.”The complaints from Democrats have focused not just on his tolerance for Mr. Trump’s norm-shattering behavior but also for the administration’s policies. Mr. Pence’s aides say he believed the administration was enacting policies he generally agreed with, including putting forward conservative nominees for three Supreme Court seats. His long loyalty to Mr. Trump could resonate with some Republicans, but, with the former president demanding total fealty, it is a difficult line to walk.“The irony is that Pence was arguably the primary enabler of Trump,” said Rob Stutzman, a Republican strategist based in California. “He was the mainstream traditional conservative Republican who would go to donors and not just defend Trump and his policies, but with a straight face insist that Donald J. Trump was a good man.”Mr. Short, Mr. Pence’s former chief of staff, has been critical of aspects of the House committee’s work, at a time when Mr. Trump has encouraged his supporters to view the panel as illegitimate. That has allowed Mr. Pence to keep some distance from the work of the committee, which he has not appeared before himself.Officials are expected to try again to ask Mr. Pence to testify, a move he will most likely resist. On Sunday, Representative Adam Schiff, Democrat of California and a committee member, left open the idea that requesting his presence may still happen.“Certainly a possibility,” Mr. Schiff said. “We’re not excluding anyone or anything at this point.”Maggie Haberman More

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    Jamie Raskin’s Year of Tragedy and Trump

    We spoke to the Maryland congressman about losing his son just before Jan. 6 last year and his new book on American democracy.Hi. Welcome to On Politics, your guide to the political news in Washington and across the nation. We’re your hosts, Blake and Leah. ‘Unthinkable’ twin traumasOn the morning of Dec. 31, 2020, Representative Jamie Raskin went down to his basement and found his son Tommy, 25, lying dead on the bed where he had been sleeping while staying with his parents. He had committed suicide after a long struggle with depression.Raskin was shattered. He and his son had been uncommonly close, sharing a passion for legal arcana and late-night Boggle games and an unyielding liberal idealism.One week after Tommy’s suicide, a violent mob burst into the Capitol, forcing Raskin, a lawmaker from Maryland, to seek shelter in a congressional hearing room. His youngest daughter, 23-year-old Tabitha — who had come to Washington to look after her traumatized father — barricaded herself in another member’s office.Six days after that, House Speaker Nancy Pelosi asked Raskin to lead the second impeachment of former President Donald J. Trump.He immediately said yes.“I had no choice,” Raskin said in an interview at his home in Takoma Park, Md., a proudly progressive enclave just outside Washington. “I felt it was necessary, and Tommy was with me every step along the way.”Raskin choked up at this point, bowing his head on folded hands.“Pelosi’s got some magical powers,” he went on, after collecting himself. “That was a very low moment for me. I wasn’t sleeping. I wasn’t eating. And I wasn’t sure if I would ever really be able to do anything again. And by asking me to be the lead impeachment manager, she was telling me that I was still needed.”A secret missionMonths earlier, Raskin reveals in “Unthinkable,” his wrenching new memoir, Pelosi had tapped him for a special assignment: to think like Trump.Two men could hardly have been more different: Raskin, an earnest constitutional law scholar who keeps a vegan diet; and Trump, a showman with a cynical disregard for legal niceties and a preference for well-done steak.As early as May 2020, Pelosi had begun to worry that Trump would try to win a second term as president by any means — even if he lost at the ballot box.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?She confided in Raskin, who had long been obsessed with the Electoral College system, which he thought was full of “booby traps” that someone like Trump could exploit.So when Pelosi asked him to game out what Trump might do in November, Raskin undertook the task with characteristic vigor. Over the next few months, he tried to piece together the Trump team’s likely strategy.“We all had become great students of Donald Trump and his psyche,” Raskin recalled. “I just figured out what they would do if they wanted to win.”Raskin summed up his findings a few months later in a memo to Pelosi’s leadership team.“Everything he ended up doing we essentially predicted, other than unleashing the violent insurrection against us,” Raskin said. “I fault myself for not having taken seriously the possibility of the outdoors violence entering into the chamber.”When investigators later unearthed a proposed six-step plan by John Eastman, a fringe conservative scholar who advised Trump on his Jan. 6 gambit, Raskin found it eerily similar to his own thinking.“It was not as good as my memo. I would have done a better job,” Raskin said, allowing himself a sly smile. “It was a shoddy, superficial product, but it was as I predicted.”Some colleagues, Raskin said, suggested he was overthinking the prospect for Republican misdeeds, saying, “There’s the constitutional law professor again, you know, lost in the nooks and crannies of the Constitution.”12th Amendment arcanaAs Raskin delved deeper, he realized that Democrats were vulnerable to one potential Trump move in particular: the triggering of a “contingent election” in the House of Representatives.Under the 12th Amendment, if no candidate musters a majority of the Electoral College to Congress on the appointed day, the House must immediately vote to choose the new president. But there’s a catch. Instead of a simple majority of House lawmakers, a majority of House delegations picks the winner. All the representatives from each state vote on that state’s choice for president, and then each state casts one vote.That put Democrats at a disadvantage, because before the 2020 election, Republicans controlled 26 states to Democrats’ 22 (two others were tied). But if Democrats could flip at least one Republican-held delegation, they would deny the G.O.P. a majority.So Raskin sought to change the balance of power via the upcoming election. First, he identified nearly two dozen Democratic candidates who would be crucial to either defending or flipping House delegations. Then, he steered money toward them through a group he named “Twelfth Amendment Defenders Fund.”Back then, educating donors about such a hypothetical scenario proved to be quite an endeavor. “I had to engage in a mini-constitutional seminar with everybody we were asking for money,” Raskin said.He ultimately raised nearly half a million dollars. Each of his candidates ended up getting around $20,000 from the fund — welcome help, but hardly a flood of cash.On Nov. 3, 2020, Republicans knocked off nearly a dozen House Democrats. They flipped the Iowa delegation after unseating Representative Abby Finkenauer, meaning the G.O.P. now had a 27-22 majority of state delegations even though Democrats still controlled the House as a whole. Another of Raskin’s Iowa candidates, Rita Hart, lost by just six votes.Now, if Raskin’s worst fears were realized and Trump engineered a contingent election in the House, President-elect Joe Biden would lose.Raskin believed that on Jan. 6, the fate of American democracy hinged on how Vice President Mike Pence understood his constitutional role. Would he simply pass along the results of the Electoral College, as his predecessors had all done? Or would he toss out the electoral votes of a few battleground states Trump had lost, throwing the election to the House?Key Figures in the Jan. 6 InquiryCard 1 of 10The House investigation. More

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    Trump’s Lawyers Deny He Incited Capitol Mob, Saying It’s Democrats Who Spur Violence

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentFriday’s HighlightsDay 4: Key TakeawaysWhat Is Incitement?Trump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyTrump’s Lawyers Deny He Incited Capitol Mob, Saying It’s Democrats Who Spur ViolenceThe former president’s legal team rested its case without using even a quarter of the 16 hours allotted to it.Michael T. van der Veen, one of former President Donald J. Trump’s lawyers, on Friday before presenting the defense’s case.Credit…Erin Schaff/The New York TimesPeter Baker and Feb. 12, 2021Updated 8:04 p.m. ETFormer President Donald J. Trump’s legal team mounted a combative defense on Friday focused more on assailing Democrats for “hypocrisy” and “hatred” than justifying Mr. Trump’s own monthslong effort to overturn a democratic election that culminated in last month’s deadly assault on the Capitol.After days of powerful video footage showing a mob of Trump supporters beating police officers, chasing lawmakers and threatening to kill the vice president and House speaker, Mr. Trump’s lawyers denied that he had incited what they called a “small group” that turned violent. Instead, they tried to turn the tables by calling out Democrats for their own language, which they deemed just as incendiary as Mr. Trump’s.In so doing, the former president’s lawyers went after not just the House Democrats serving as managers, or prosecutors, in the Senate impeachment trial, but half of the jurors sitting in front of them in the chamber. A rat-a-tat-tat montage of video clips played by the Trump team showed nearly every Democratic senator as well as President Biden and Vice President Kamala Harris using the word “fight” or the phrase “fight like hell” just as Mr. Trump did at a rally of supporters on Jan. 6 just before the siege of the Capitol.“Suddenly, the word ‘fight’ is off limits?” said Michael T. van der Veen, one of the lawyers hurriedly hired in recent days to defend Mr. Trump. “Spare us the hypocrisy and false indignation. It’s a term that’s used over and over and over again by politicians on both sides of the aisle. And, of course, the Democrat House managers know that the word ‘fight’ has been used figuratively in political speech forever.”To emphasize the point, the Trump team played some of the same clips four or five times in less than three hours as some of the Democratic senators shook their heads and at least one of their Republican colleagues laughed appreciatively. The lawyers argued that the trial was “shameful” and “a deliberate attempt by the Democrat Party to smear, censor and cancel” an opponent and then rested their case without using even a quarter of the 16 hours allotted to the former president’s defense.Representative Jamie Raskin, center, the lead House impeachment manager, on Friday at the Capitol with aides and other managers during a break in the trial.Credit…Erin Schaff/The New York TimesIn the process, they tried to effectively narrow the prosecution’s “incitement of insurrection” case as if it centered only on their client’s use of that one phrase in that one speech instead of the relentless campaign that Mr. Trump waged since last summer to discredit an election he would eventually lose and galvanize his supporters to help him cling to power.“They really didn’t address the facts of the case at all,” said Representative Jamie Raskin, Democrat of Maryland and the lead impeachment manager. “There were a couple propaganda reels about Democratic politicians that would be excluded in any court in the land. They talk about the rules of evidence — all of that was totally irrelevant to the case before us.”After the Trump team’s abbreviated defense, the senators posed their own questions, generally using their queries to score political points. The questions, a total of 28 submitted in writing and read by a clerk, suggested that most Republicans remained likely to vote to acquit Mr. Trump when the Senate reconvenes for final arguments at 10 a.m. Saturday, blocking the two-thirds supermajority required by the Constitution for conviction.Some of the few Republicans thought to be open to conviction, including Senators Mitt Romney of Utah, Susan Collins of Maine and Lisa Murkowski of Alaska, grilled the lawyers about what Mr. Trump knew and when he knew it during the attack. The managers have argued that it was not just the president’s words and actions in advance of the attack that betrayed his oath, but his failure to act more assertively to stop his supporters after it started.Responding to the senators, the defense lawyers pointed to mildly worded messages and a video that Mr. Trump posted on Twitter after the building was stormed calling on his supporters not to use violence while still endorsing their cause and telling them that he loved them. The managers repeated that Mr. Trump never made a strong, explicit call on the rioters to halt the attack, nor did he send help.Mr. Romney and Senator Bill Cassidy, Republican of Louisiana, zeroed in on Mr. Trump’s failure to exhibit concern for his own vice president, Mike Pence, who was targeted for death by the former president’s supporters because he refused to try to block finalization of the election. Even after Mr. Pence was evacuated from the Senate chamber that day, Mr. Trump attacked him on Twitter, saying that “Mike Pence didn’t have the courage to do what should have been done.”Senator Mitt Romney returning to the Senate chamber after a break in the trial on Friday.Credit…Brandon Bell for The New York TimesMr. van der Veen told the senators that “at no point was the president informed that the vice president was in any danger.” But in fact, Senator Tommy Tuberville, Republican of Alabama, told reporters this week that he spoke by telephone with Mr. Trump during the attack and told him that Mr. Pence had been rushed out of the chamber. Officials have said that Mr. Trump never called Mr. Pence to check on his safety and did not speak with him for days.The defense team struggled to avoid directly addressing what managers called Mr. Trump’s “big lie” that the election was stolen, which led his supporters to invade the Capitol to try to stop Congress from counting the Electoral College votes ratifying the result. Senator Bernie Sanders of Vermont, an independent who caucuses with the Democrats, challenged Mr. Trump’s lawyers to say whether they believe he actually won the election.“My judgment?” Mr. van der Veen replied derisively and then demanded: “Who asked that?”“I did,” Mr. Sanders called out from his seat.“My judgment’s irrelevant in this proceeding,” Mr. van der Veen said, prompting an eruption from Democratic senators. He repeated that “it’s irrelevant” to the question of whether Mr. Trump incited the riot.Senate Democrats dismissed the defense’s efforts to equate Mr. Trump’s actions with Democratic speeches. “They’re trying to draw a dangerous and distorted equivalence,” Senator Richard Blumenthal, Democrat of Connecticut, told reporters during a break in the trial. “I think it is plainly a distraction from Donald Trump inviting the mob to Washington.”But for Republicans looking for reasons to acquit Mr. Trump, the defense was more than enough. “The president’s lawyers blew the House managers’ case out of the water,” said Senator Ron Johnson, Republican of Wisconsin.Even Ms. Murkowski, who called on Mr. Trump to resign after the Capitol siege, said the defense team was “more on their game” than during the trial’s opening day this week, although by day’s end, she indicated to a reporter she was agonizing over the decision.“It’s been five weeks — less than five weeks — since an event that shook the very core the very foundation of our democracy,” she said. “And we’ve had a lot to process since then.”During the question period, senators closely watched for clues about where their colleagues stood. Although most lawmakers still guessed that only a handful of Republicans would vote to convict, an additional group of Republicans, including Senator Mitch McConnell of Kentucky, the minority leader, have said almost nothing to colleagues about the unfolding trial in private or during daily luncheons before it convenes, prompting speculation that they could be preparing to break from the party.Senator Mitch McConnell of Kentucky, the Republican leader, on the Senate subway before the trial on Friday.Credit…Alyssa Schukar for The New York TimesThe managers need 17 Republicans to join all 50 Democrats to reach the two-thirds required for conviction. While Mr. Trump can no longer be removed from office because his term has ended, he could be barred from ever seeking public office again.The former president had trouble recruiting a legal team to defend him. The lawyers who represented him last year during his first impeachment trial did not come back for this one, and the set of lawyers he initially hired for this proceeding backed out in disagreement over strategy. Bruce L. Castor Jr., the leader of this third set, was widely criticized for his preliminary presentation on Tuesday, including reportedly by Mr. Trump.Mr. Castor and David I. Schoen were largely supplanted on Friday by Mr. van der Veen, who has no long history with the president and in fact was reported to have once called Mr. Trump a “crook” with an expletive, a statement he has denied. Just last year, Mr. van der Veen represented a client suing Mr. Trump over moves that might limit mail-in voting and accused the president of making claims with “no evidence.”But Mr. van der Veen on Friday offered the sort of aggressive performance that Mr. Trump prefers from his representatives as he accused the other side of “doctoring the evidence” with “manipulated video,” all to promote “a preposterous and monstrous lie” that the former president encouraged violence.A personal injury lawyer whose Philadelphia law firm solicits slip-and-fall clients on the radio and whose website boasts of winning judgments stemming from auto accidents and one case “involving a dog bite,” Mr. van der Veen proceeded to lecture Mr. Raskin, who taught constitutional law at American University for more than 25 years, about the Constitution. The managers’ arguments, Mr. van der Veen said, were “less than I would expect from a first-year law student.”He and his colleagues argued that Mr. Trump was exercising his free-speech rights in his fiery address to a rally before supporters broke into the Capitol. The lawyers leaned heavily on Mr. Trump’s single use of the word “peacefully” as he urged backers to march to the Capitol while minimizing the 20 times he used the word “fight.”“No thinking person could seriously believe that the president’s Jan. 6 speech on the Ellipse was in any way an incitement to violence or insurrection,” Mr. van der Veen said. “The suggestion is patently absurd on its face. Nothing in the text could ever be construed as encouraging, condoning or inciting unlawful activity of any kind.”Bruce L. Castor Jr. and Mr. van der Veen arriving at the Capitol on Friday.Credit…Jason Andrew for The New York TimesSensitive to the charge that Mr. Trump endangered police officers, who were beaten and in one case killed during the assault, the lawyers played video clips in which he called himself a “law and order president” along with images of antiracism protests that turned violent last summer.They likewise showed video clips of Democrats objecting to Electoral College votes in past years when Republicans won, including Mr. Raskin in 2017 when Mr. Trump’s victory was sealed, comparing them with Mr. Trump’s criticism of the 2020 election. At the same time, those videos also showed Mr. Biden, then vice president, gaveling those protests out of order.Stacey Plaskett, a Democratic delegate from the Virgin Islands and one of the managers, objected that many of the faces shown in the videos of Democratic politicians and street protesters were Black. “It was not lost on me so many of them were people of color and women, Black women,” she said. “Black women like myself who are sick and tired of being sick and tired for our children.”The defense lawyers contended that Democrats were pursuing Mr. Trump out of personal and partisan animosity, using the word “hatred” 15 times during their formal presentation, and they cast the trial as an effort to suppress a political opponent and his supporters.“It is about canceling 75 million Trump voters and criminalizing political viewpoints,” Mr. Castor said. “That’s what this trial is really about. It is the only existential issue before us. It asks for constitutional cancel culture to take over in the United States Senate. Are we going to allow canceling and banning and silencing to be sanctioned in this body?”Emily Cochrane More