Storming of the US Capitol (Jan, 2021)

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      House Backs Jan. 6 Commission, but Senate Path Dims

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      The vote was a victory for Democrats, who were joined by 35 Republicans in pushing for a full accounting of the deadly riot. But Mitch McConnell voiced opposition, clouding Senate prospects.WASHINGTON — A sharply divided House voted on Wednesday to create an independent commission to investigate the Jan. 6 Capitol assault, overcoming opposition from Republicans determined to stop a high-profile accounting of the deadly pro-Trump riot.But even as the legislation passed the House, top Republicans locked arms in an effort to doom it in the Senate and shield former President Donald J. Trump and their party from new scrutiny of their roles in the events of that day.The 252-to-175 vote in the House, with four-fifths of Republicans opposed, pointed to the difficult path for the proposal in the Senate. Thirty-five Republicans bucked their leadership to back the bill.The vote came hours after Senator Mitch McConnell of Kentucky, the Republican leader, declared his opposition to the plan. Mr. McConnell had said just a day earlier that he was open to voting for it, and he had previously been vocal both in condemning Mr. Trump’s role in instigating the assault and denouncing the effort by some Republicans on Jan. 6 to block certification of the 2020 election results.His reversal reflected broader efforts by the party to put the assault on the Capitol behind them politically — or to recast the rioting as a largely peaceful protest — under pressure from Mr. Trump and because of concerns about the issue dogging them into the 2022 midterm elections.Proponents hailed the move to establish the commission as an ethical and practical necessity to fully understand the most violent attack on Congress in two centuries and the election lies by Mr. Trump that fueled it. Modeled after the body that studied the Sept. 11, 2001, attacks, the 10-person commission would take an inquiry out of the halls of Congress and deliver findings by Dec. 31.“I was on the Capitol floor, the speaker was in the chair and a howling mob attacked the United States Capitol,” Representative Zoe Lofgren, Democrat of California and the chairwoman of a committee already studying the attack, said in an animated appeal before the vote. She reminded colleagues of the “pounding on the doors” and the “maimed police officers.”“We need to get to the bottom of this to not just understand what happened leading up to the Sixth, but how to prevent that from happening again — how to protect the oldest democracy in the world in the future,” Ms. Lofgren said.But the prospects for Senate passage dimmed substantially after Mr. McConnell joined his House counterpart, Representative Kevin McCarthy of California, and Mr. Trump in panning the proposal drafted by Democrats and a moderate House Republican as overly partisan and duplicative of continuing Justice Department criminal prosecutions and narrow congressional investigations.“After careful consideration, I’ve made the decision to oppose the House Democrats’ slanted and unbalanced proposal for another commission to study the events of Jan. 6,” Mr. McConnell said on the Senate floor.Senator Mitch McConnell, the Republican leader, who had earlier said he was open to backing the commission, came out against it on Wednesday.Stefani Reynolds for The New York TimesMany rank-and-file Republican senators who had flirted with backing the commission idea quickly fell in line, as well, arguing that the proposal was not truly bipartisan and that the investigation would take too long and learn too little. Their positions made it less likely that Democrats could win over the 10 Republican votes they would need to reach the 60-vote threshold required for passage of the bill in the evenly divided Senate.Republican leaders, who witnessed the events of Jan. 6 and fled for their lives as an armed mob overtook their workplace, had briefly considered supporting the commission out of a sense of fairness. The 9/11 commission was adopted nearly unanimously two decades ago, and its work was widely heralded.Their final opposition pointed to a colder political calculation now driving Republicans’ approach to 2022: that it is better to avoid a potentially uncontrollable reckoning centered on Mr. Trump and the false claims of voter fraud he continues to promulgate.“I want our midterm message to be about the kinds of issues that the American people are dealing with — it’s jobs and wages and the economy, national security, safe streets, strong borders and those types of issues,” said Senator John Thune of South Dakota, Mr. McConnell’s No. 2. “Not relitigating the 2020 election.”Coming after a bipartisan negotiation that had been sanctioned by Mr. McCarthy, the outcome was dispiriting to those who felt that Mr. Trump’s exit from the public stage and the realities of an attack on the seat of government might help ease the strained relations between Republicans and Democrats.The two parties are expected to deadlock again on Thursday when Democrats call a vote on a $1.9 billion spending plan to harden the Capitol’s defenses four months after at least five people died in connection with the invasion, which also injured nearly 140 people and caused tens of millions of dollars in damage to the Capitol complex.Democrats were furious. They had agreed to several concessions to Mr. McCarthy under the belief he would support the deal, only to see him slam it publicly because it did not study unrelated “political violence” on the left. Some Democrats said the episode only underscored to them that it was pointless to negotiate with the Republicans on any of the big issues that divide the parties, including President Biden’s infrastructure proposal.In the House, Democratic leaders threatened to pursue a more partisan investigation of Jan. 6 through existing congressional committees or by creating a new select committee if the commission proposal dies.Democratic lawmakers, and even some Republicans, speculated that Mr. McCarthy’s reticence could have been driven in part by an effort to prevent damaging information about his own conversations with Mr. Trump around Jan. 6 from coming to light at a time when he is trying to help his party retake the House and become speaker.“You’ll have to ask them what they are afraid of,” Speaker Nancy Pelosi of California told reporters. “But it sounds like they are afraid of the truth, and that is most unfortunate.”Senator Chuck Schumer, Democrat of New York and the majority leader, vowed to call a vote on the Senate floor in the coming weeks to force Republicans to take a public position, though he did not offer a specific date.“The American people will see for themselves whether our Republican friends stand on the side of truth or on the side of Donald Trump’s big lie,” he said.During debate on the House floor, Republicans who supported the panel repeatedly sought to frame it as a reprise of the 9/11 commission, whose leaders endorsed the new effort. Though the Senate impeachment trial and a handful of congressional committees have already produced a detailed account of that day, key questions remain unanswered, particularly about Mr. Trump’s conduct and the roots of intelligence and security failures.“Make no mistake about it, this is about facts, it’s not partisan politics,” said Representative John Katko, Republican of New York, who negotiated the legislation creating the commission with Representative Bennie Thompson, Democrat of Mississippi.Representative Kevin McCarthy on Tuesday at the Capitol. He has panned the proposal as overly partisan and duplicative of continuing Justice Department criminal prosecutions and narrow congressional investigations.Stefani Reynolds for The New York Times“Jan. 6 is going to haunt this institution for a long, long time,” said Representative Fred Upton of Michigan, another Republican who voted in favor of establishing the commission. “Five months later, we still don’t have answers to the basic questions: who knew what when, and what did they do about it?”Among the Republicans voting in favor of the commission were a familiar group of moderates and stalwart critics of Mr. Trump, many of whom either voted to impeach him over the Jan. 6 attack or otherwise condemned his actions. The most notable was Representative Liz Cheney of Wyoming, who was run out of the party leadership last week because she refused to stop criticizing Mr. Trump for his attempts to overturn the election.But supporters also counted a wider cast of established Republicans from conservative-leaning districts who, despite the politics, were rattled by the attack and want a thorough study.Among those voting no was Representative Greg Pence, Republican of Indiana and the brother of former Vice President Mike Pence, whose opposition to blocking certification of the election results made him one of the principal targets of the pro-Trump rioters, some of whom erected a gallows outside the Capitol. In a statement, Representative Pence said Ms. Pelosi was trying to appoint herself “hanging judge” to carry out a “predetermined political execution of Donald Trump.”The level of Republican defections on Wednesday’s vote was embarrassing for Mr. McCarthy at a time when he has vowed to unite the party, and few Republicans were willing to defend their opposition during debate. Allies of Mr. Katko were particularly incensed that the minority leader deputized him to make a deal and then cut him loose when he did.Democrats sought to further embarrass Republicans by circulating an unusual letter by Capitol Police officers expressing “profound disappointment” with Mr. McCarthy and Mr. McConnell.“It is unconscionable to even think anyone could suggest we need to move forward and get over it,” the officers wrote in the unsigned letter.In the Senate, a small group of moderate Republicans suggested on Wednesday they were still interested in pursuing a commission, albeit with changes to how staff members would be appointed. But Mr. McConnell left very little possibility that his leadership team could get to yes.Mr. McConnell had emerged from Jan. 6 as one of Mr. Trump’s most outspoken Republican critics, pinning blame squarely on him for losing the House, Senate and White House and inspiring the most deadly attack on Congress in 200 years. But in the months since, as Mr. Trump has reasserted control over the party, Mr. McConnell has been increasingly reluctant to stir his ire.On Wednesday, he insisted that he believed in getting to the bottom of what happened, but he argued that investigations already underway by the Justice Department and bipartisan Senate committees were sufficient. In reality, the scope of that work is likely to be much narrower than what a commission could study.“The facts have come out,” Mr. McConnell said, “and they will continue to come out.” More

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      Leaders Position House G.O.P. Against Independent Accounting for Jan. 6 Riot

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      Representative Kevin McCarthy, the top House Republican, said he would oppose the independent commission, and urged the party’s rank and file to do the same.WASHINGTON — Top House Republicans urged their colleagues on Tuesday to oppose bipartisan legislation creating an independent commission to investigate the Jan. 6 Capitol attack, positioning their conference against a full accounting of the deadly riot by a pro-Trump mob.Representative Kevin McCarthy, Republican of California and the minority leader, announced his opposition in a lengthy statement on Tuesday morning, and his leadership team followed up later to recommend that lawmakers vote “no” on Wednesday. Together, the actions suggested that the House vote would be a mostly partisan affair, highlighting yet again Republicans’ reluctance to grapple with former President Donald J. Trump’s election lies and their determination to deflect attention from the Capitol assault.Mr. McCarthy had been pushing for any outside investigation to include a look at what he called “political violence” on the left, including by anti-fascists and Black Lives Matter, rather than focus narrowly on the actions of Mr. Trump and his supporters who carried out the riot.“Given the political misdirections that have marred this process, given the now duplicative and potentially counterproductive nature of this effort, and given the speaker’s shortsighted scope that does not examine interrelated forms of political violence in America, I cannot support this legislation,” Mr. McCarthy said in a statement.His opposition raised questions about the fate of the commission in the Senate, where Democrats would need at least 10 Republicans to agree to support its formation. Senator Mitch McConnell of Kentucky, the minority leader, said he and other Republican senators were undecided and would “listen to the arguments on whether such a commission is needed.”House Republican leaders had initially suggested that they would allow lawmakers to vote however they saw fit, too. But they abruptly reversed course on Tuesday, releasing a “leadership recommendation” urging a “no” vote in an apparent bid to tamp down on the number of members embracing the bill.Mr. Trump himself put out a statement on Tuesday night calling the commission a “Democrat trap.” He urged Republicans to “get much tougher” and to oppose it unless it was expanded to look at “murders, riots, and fire bombings” in cities run by Democrats.“Hopefully, Mitch McConnell and Kevin McCarthy are listening!” he said.In rejecting the commission, Mr. McCarthy essentially threw one of his key deputies, Representative John Katko of New York, under the bus in favor of shielding Mr. Trump and the party from further scrutiny. Mr. Katko had negotiated the makeup and scope of the commission with his Democratic counterpart on the Homeland Security Committee and enthusiastically endorsed it on Friday.It was all the more striking coming just days after Mr. McCarthy had maneuvered the ouster from leadership of his No. 3, Representative Liz Cheney of Wyoming, because she refused to drop criticisms of Mr. Trump and Republicans who abetted his election falsehoods. Ms. Cheney has said that the commission should have a narrow scope, and that Mr. McCarthy should testify about a phone call with Mr. Trump during the riot.Speaker Nancy Pelosi of California, the Democratic leader, immediately slammed Republican opposition as “cowardice” and released a letter Mr. McCarthy had sent her in February showing that Democrats had incorporated all three of his principal demands for a commission modeled after the one that studied the Sept. 11 terrorist attacks.In it, Mr. McCarthy said he wanted to ensure any commission had an even ratio of appointees by Republicans and Democrats, shared subpoena power between the two parties’ appointees and did not include any “findings or other predetermined conclusions” in its organizing documents.Democrats ultimately agreed to all three, but in his statement on Tuesday, Mr. McCarthy said Ms. Pelosi had “refused to negotiate in good faith.”“I presume Trump doesn’t want this to happen,” said Representative Steny H. Hoyer, Democrat of Maryland and the majority leader. “Enough said.”Mr. Katko predicted a “healthy” number of Republicans would still vote for it.“I can’t state this plainly enough: This is about facts,” Mr. Katko told the House Rules Committee at a hearing on the bill. “It’s not about partisan politics.”But by encouraging Republicans to vote no, Mr. McCarthy positioned the commission as yet another test of loyalty to Mr. Trump, spotlighting a rift within the party between a small minority that is willing to question him and the vast majority that is not.Senator Chuck Schumer, Democrat of New York and the majority leader, vowed to press the issue with Senate Republicans by quickly bringing the legislation up for a vote in that chamber.“Republicans can let their constituents know: Are they on the side of truth?” Mr. Schumer said. “Or do they want to cover up for the insurrectionists and Donald Trump?”Mr. McCarthy’s biggest complaint was the panel’s narrow focus on the riot itself — carried out by right-wing activists inspired by Mr. Trump — when he said it should take a broader look at political violence on the left, including a shooting by a left-leaning activist who targeted congressional Republicans at a baseball practice four years ago.Some Republicans have gone much further in recent weeks, trying to whitewash the violence on Jan. 6 that left five people dead, injured 140 police officers and endangered lawmakers’ lives along with that of Vice President Mike Pence.In remarks on the House floor on Tuesday, Representative Marjorie Taylor Greene, Republican of Georgia, said a commission was needed to study “all the riots that happened during the summer of 2020 after the death of George Floyd,” not the attack on the Capitol. She also accused the Justice Department of mistreating those charged in connection with the attack.“While it’s catch and release for domestic terrorists, antifa, B.L.M., the people who breached the Capitol on Jan. 6 are being abused,” she said.Catie Edmondson More

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      Republicans Oust Cheney, Confirming Trump's Grasp on the Party

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      The Wyoming Republican gave an unrepentant final speech warning her colleagues that Donald J. Trump was leading them toward “destruction.” They booed and kicked her out.WASHINGTON — In a remarkable display of loyalty to Donald J. Trump, Republicans moved quickly to purge Representative Liz Cheney of Wyoming from House leadership on Wednesday, voting to oust their No. 3 for repudiating the former president’s election lies and holding him responsible for the deadly Jan. 6 riot at the Capitol.The action, orchestrated by party leaders, came by voice vote during a raucous closed-door meeting on Capitol Hill that lasted just 15 minutes. With the votes stacked against her, Ms. Cheney made a defiant final speech rather than fight the ouster, warning that Republicans would follow Mr. Trump to their “destruction” by silencing dissent and refusing to reject the myth of a stolen election. She drew boos from her colleagues.After months of infighting that erupted after the violent end to his presidency, Republicans’ unceremonious ouster of Ms. Cheney, the scion of one of the nation’s most powerful conservative families, reflected how far the party has strayed from the policy principles and ideological touchstones that once defined it.The vote — and the manner in which it unfolded — also illustrated how Republican Party orthodoxy has come to be defined more by allegiance to a twice-impeached former president who prizes loyalty over all else than by a political agenda or a vision for governing.It came as more than 100 Republicans, including some prominent former elected officials, said they were considering breaking off and creating a third party if the G.O.P. failed to make major changes to extricate itself from Mr. Trump’s stranglehold and what it called “forces of conspiracy, division and despotism.”In an unrepentant last stand minutes before Republicans voted to strip her of her post, Ms. Cheney urged her colleagues not to “let the former president drag us backward,” according to a person familiar with the private comments. She said that if the party wanted a leader who would “enable and spread his destructive lies,” they should vote to remove her, because they had “plenty of others to choose from.”“I will do everything I can to ensure that the former president never again gets anywhere near the Oval Office,” Ms. Cheney told reporters afterward. “We have seen the danger that he continues to provoke with his language. We have seen his lack of commitment and dedication to the Constitution.”Ms. Cheney’s public comments on Wednesday were an unmistakable jab at Representative Kevin McCarthy of California, the minority leader.After the deadly assault on the Capitol by Mr. Trump’s supporters, Mr. McCarthy said the former president had been responsible for the violence and should have quickly called off rioters who were threatening the lives of members of Congress and his own vice president. But he quickly walked back the criticism, which had enraged Mr. Trump, and since then he has arguably done more than anyone else in his party to keep the former president in the fold.Most Republicans are aware of the iron grip Mr. Trump still holds on the party’s voters.Erin Schaff/The New York TimesAfter backing her in a previous leadership challenge, based on her vote to impeach Mr. Trump, Mr. McCarthy had come to see Ms. Cheney as a distraction and political liability in his quest to regain the House majority and become speaker.For her part, Ms. Cheney made it clear that she regarded her ouster as a historic mistake, and intended to continue to be vocal in her criticism. She invited David Hume Kennerly, a former official White House photographer under President Gerald R. Ford with deep ties to her family, to record the day behind the scenes, and defended her stance in a lengthy television interview with NBC less than an hour after the vote.It represented a remarkable arc for the daughter of former Vice President Dick Cheney, a stalwart Republican who became a despised figure among the left for advancing the claim that Iraq had weapons of mass destruction, a falsehood that drove the nation to war.On Wednesday, though, Democrats lavished praise on Ms. Cheney for her refusal to spread a lie, with Speaker Nancy Pelosi calling her “a leader of great courage, patriotism and integrity,” and pointing to her removal as a troubling sign for Republicans.“For the sake of our democracy, reasonable Republicans across the country must take back their party,” Ms. Pelosi said.Behind closed doors in the Congressional Auditorium, a blue-carpeted, wood-paneled hall where Republicans sat in theater-style seats, Ms. Cheney took to the stage on Wednesday morning to make her parting plea, drawing jeers as she warned her colleagues about the consequences of their current course. She ended with a prayer quoting from the Book of John — “Ye shall know the truth, and the truth shall set you free” — and asking God to “help us to remember that democratic systems can fray and suddenly unravel.”“When they do,” she added, “they are gone forever.”Republicans made it clear they were not interested in those reminders.“She who thinks she leads, but has no followers, is only taking a walk,” said Representative Virginia Foxx, Republican of North Carolina, as she made the motion to recall Ms. Cheney, according to a statement her office released afterward. “Liz, I’m afraid you’re a woman who is only taking a walk right now. You have lost your followers.”Republican leaders, who portrayed Ms. Cheney’s removal as a way to unify the party, declined to allow members to register a position on it.When Representative Tom Reed of New York, a moderate who has announced his retirement from Congress, rose to ask whether a recorded vote was allowed, he was told no. Mr. McCarthy had told his colleagues that a voice vote was important to show “unity,” and that it was time to “move forward” and look toward winning back the House, according to a person familiar with the remarks.When the time came, the ayes loudly drowned out the noes. The ouster was so swift that some Republicans were still trickling in to take their seats when Ms. Cheney strode up the center aisle to make her way to a bank of microphones and reporters waiting outside.Mr. McCarthy left without making a public statement, avoiding reporters altogether.At the White House later in the day, speaking to reporters after meeting with President Biden and other congressional leaders on infrastructure, Mr. McCarthy brushed off a question about comments by Representative Elise Stefanik of New York, whom he has anointed to succeed Ms. Cheney. Ms. Stefanik had echoed some of Mr. Trump’s false claims around widespread voter fraud.“I don’t think anybody is questioning the legitimacy of the presidential election,” he said. “I think that is all over with.”Representative Kevin McCarthy, the minority leader, brushed off reporters’ questions about the party’s leadership after a meeting with President Biden at the White House.Doug Mills/The New York TimesRepresentative Jim Jordan, Republican of Ohio, who helped lead the charge against Ms. Cheney, said his case boiled down to a simple idea: “Can’t have a conference chair who recites Democrat talking points.”“It’s time to focus on stopping the Democrats and save the country,” he said.Mr. Trump weighed in Wednesday morning with statements attacking Ms. Cheney and cheering her removal, including one calling her “a poor leader, a major Democrat talking point, a warmonger and a person with absolutely no personality or heart.”Republicans who have styled themselves in his image also gloated openly, including the freshman Representative Madison Cawthorn of North Carolina, who treated Ms. Cheney to a mocking farewell on Twitter: “Na na na na, na na na na, hey hey, goodbye Liz Cheney.”For all the backbiting and turmoil, the episode has also exposed a party unmoored from its traditional policy prerogatives even as Republicans hope to retake control of the House in 2022. Aware of the iron grip Mr. Trump holds on their voters and donors, Mr. McCarthy and other Republicans have made the calculation that to retake the majority, they need the former president’s support — or at the very least, cannot afford to invoke his wrath.“The notion that 5 percent of the Republican Party is going to eviscerate the influence of President Trump in the party never was plausible,” said Representative Dan Bishop, Republican of North Carolina. “It’s not good for the Republican Party. It’s not good for the country.”But the episode has only called attention to the party’s devotion to Mr. Trump, its tolerance for authoritarian tendencies, and internal divisions between Trump acolytes and more traditional Republicans about how to win back the House in 2022. All those dynamics threaten to alienate independent and suburban voters, undercutting what otherwise appears to be a sterling opportunity for Republicans to reclaim the majority.Representative Ken Buck, a conservative Colorado Republican who did not vote to impeach Mr. Trump and voted against removing Ms. Cheney on Wednesday, warned that the party’s rush to purge dissenting voices was more politically dangerous than Republican leaders seemed to understand.“Liz didn’t agree with President Trump’s narrative, and she was canceled,” Mr. Buck said.“It’s time to focus on stopping the Democrats and save the country,” said Representative Jim Jordan, Republican of Ohio, who helped lead the charge against Ms. Cheney.Stefani Reynolds for The New York Times“We have to deal with this narrative at some point,” he continued. “There are major issues — the border, spending. But to suggest that the American people in 2022 won’t consider the fact that we were unwilling to stand up to a narrative that the election was stolen, I think will be taken into consideration with their vote.”Republicans’ choice of replacement for Ms. Cheney has amplified that narrative. While party leaders have cast Ms. Stefanik as a unifying figure who will stick to the party script and stay focused on taking back the majority from Democrats, the New York Republican has resurrected Mr. Trump’s false claims of widespread voter fraud and pledged to stand by him and “his focus on election integrity.”Ms. Stefanik’s hasty ascension has also sparked discontent among the hard-right members of the Republican conference, who are suspicious of her recent transformation from a mainstream moderate who was skeptical of Mr. Trump into one of his most vocal defenders. They have taken issue with her voting record, including voting against his signature 2017 tax cuts bill and his efforts to seize funding to build a border wall.“I think she’s a liberal,” Mr. Buck told reporters on Wednesday. But he added that with top Republicans and Mr. Trump uniting to support Ms. Stefanik, he doubted that anybody would want to risk a future chairmanship or leadership role should Republicans win back the House by taking her on. “Which I think is terribly unfortunate,” he added.Representative Chip Roy, Republican of Texas, circulated a broadside on Tuesday accusing Ms. Stefanik of being insufficiently conservative and said top Republicans were making a mistake by rushing to elevate her. On Wednesday, he appeared to entertain running against her.“She should have an opponent,” Mr. Roy said.A vote on whether to elevate Ms. Stefanik to the No. 3 post is expected on Friday. More

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      Pentagon Chief Feared ‘Coup’ Accusations if He Deployed Troops to Capitol Riot

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      Christopher C. Miller, the acting defense secretary on Jan. 6, plans to defend the Pentagon’s actions before and during the violence when he testifies before a House panel on Wednesday.WASHINGTON — Christopher C. Miller, who was the acting defense secretary when rioters attacked the Capitol on Jan. 6, plans to testify before Congress on Wednesday that he worried that sending troops to the complex would contribute to perceptions of a “military coup” under President Donald J. Trump.He will also blame Mr. Trump for encouraging the violent mob that overran the Capitol Police, according to written testimony submitted to the House Committee on Oversight and Reform.Mr. Miller’s comments, part of the lengthy defense of the Pentagon’s actions before and during the mob violence, are the first he will make in sworn testimony as various committees investigate the largest attack on the Capitol since the War of 1812. He is set to testify during an hourslong hearing before the committee at 10 a.m.“I personally believe his comments encouraged the protesters that day,” Mr. Miller plans to say about Mr. Trump.Fear of the appearance of a coup was not an explanation given by the Pentagon in the days after the riot. At the time, Defense Department officials said they largely held back because they were not asked to send troops. District of Columbia officials, the former chief of the Capitol Police and Maryland’s Republican governor have all said they called for the National Guard to be deployed for hours on Jan. 6 before the Pentagon gave approval.During the hearing, Democrats plan to press Mr. Miller and former Acting Attorney General Jeffrey A. Rosen on what they believe is a “stark contrast” between how aggressively the Justice and Defense Departments responded to Black Lives Matter protests over the summer and the pro-Trump mob attack on the Capitol, according to a committee aide. Democrats also plan to ask whether the Justice Department had a “blind spot to right-wing extremism” that prevented it from anticipating the potential for violence, the aide said.“There is no question that former President Trump’s inflammatory language provoked and incited the violent mob that stormed the United States Capitol in a last-ditch effort to overturn the lawful results of the 2020 presidential election,” said Representative Carolyn B. Maloney of New York, the committee’s chairwoman. “Yet more than four months later, Congress and the American people still have many unanswered questions about why the Trump administration did not do more in response to open threats of violence espoused by violent right-wing extremists before the attack, and why federal agencies were so slow to respond once the attack began.”Mr. Rosen will reaffirm the Justice Department’s determination that it had seen “no evidence of widespread voter fraud at a scale sufficient to change the outcome of the 2020 election,” according to his submitted testimony.He also plans to testify that the department played a secondary role in security preparations for Congress’s Jan. 6 certification of the election results and the expected protests.“Based on the updates I received, I was confident that very substantial efforts were undertaken by D.O.J. personnel in advance of Jan. 6 to understand and prepare for the potential threats, and share that information with law enforcement partners,” Mr. Rosen is expected to say.Mr. Miller plans to testify that Mr. Trump did not block the National Guard from being deployed. According to his testimony, a day before the riot, the president requested 10,000 troops to be present.“The call lasted fewer than 30 seconds, and I did not respond substantively, and there was no elaboration. I took his comment to mean that a large force would be required to maintain order the following day,” Mr. Miller wrote.Defense Department officials have come under criticism since the attack, particularly from the commander of the D.C. National Guard, who testified before Congress in March that the Pentagon had placed “unusual” restrictions on his troops before the Capitol riot. The commander, Maj. Gen. William J. Walker, who has since become the House sergeant-at-arms, said the military leaders’ fears of a repeat of aggressive tactics used during racial justice protests last year slowed decision-making and squandered time as the violence escalated.He has also said he did not receive approval to mobilize troops until more than three hours after he had requested it.But Mr. Miller is expected to defend his actions, arguing that he informed General Walker hours earlier that he could deploy the guard. He also plans to say he believed a military deployment would send the wrong message to the protesters.“My concerns regarding the appropriate and limited use of the military in domestic matters were heightened by commentary in the media about the possibility of a military coup or that advisers to the president were advocating the declaration of martial law,” Mr. Miller wrote. “I was also concerned that those seeking to obstruct the Electoral College certification or otherwise disrupt our government could provoke a soldier to act in a way that could be portrayed in the media as an attack against demonstrators exercising their First Amendment rights of assembly and speech.”Capitol security officials have blamed communication breakdowns and overlapping jurisdictions for creating utter confusion that hindered attempts to stop the assault. Mr. Miller plans to testify that those breakdowns were evident in the days before the riot.“A principal concern for the Department of Defense was the apparent lack of coordination, synchronization and information exchange with and between the numerous domestic law enforcement organizations having primary jurisdiction and responsibility over such matters in the District,” he wrote. “I felt it was my responsibility to initiate these discussions given my sense that these efforts and coordination were not tightly wired at that point.”Even so, he plans to say that he stands behind the decisions he made on Jan. 6.“I know that many fine men and women serving on the front lines on Jan. 6, 2021, with domestic law enforcement agencies did their best to protect the Capitol and the individuals who were in harm’s way from a lawless and ignorant mob acting contrary to nearly two and a half centuries of peaceful and respectful transfers of power under our Constitution,” he wrote. More

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      Hispanic Democrats Run Ads Hitting Republicans Over Jan. 6 Votes

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      The political action committee of the Congressional Hispanic Caucus is releasing bilingual advertisements targeting four Republicans in Congress over their support for former President Donald J. Trump and their votes on Jan. 6 to challenge the 2020 presidential election results in Arizona and Pennsylvania.The advertisements from the caucus, which is made up of 38 Democrats, target Republican members who represent heavily Latino districts in Florida, Texas, New Mexico and California, and who each won in a close election last year. The first advertisement focuses on Representative Carlos Gimenez of Florida, the former mayor of Miami, who narrowly defeated Debbie Mucarsel-Powell. The remaining ads will target Representatives Mike Garcia of California, Yvette Herrell of New Mexico and Beth Van Duyne of Texas.“These four Republicans led a misinformation campaign and helped spread the ‘Big Lie’ on social media and conservative news media outlets by sowing doubt about the presidential election results,” said Representative Ruben Gallego, a Democrat from Arizona who serves as the chairman of the caucus’s political action committee, BOLD PAC. “They tried to undermine our democracy and in doing so, they helped incite the insurrection. The best way to fight the Republican disinformation campaign is to hold them accountable for their actions.”Mr. Gimenez’s office did not immediately respond to a request for comment.The advertisement opens with footage of the Jan. 6 attack, while a voice-over introduces a police officer describing his experience defending the Capitol.“I experienced a group of individuals who were trying to kill me,” the officer says. A narrator continues: “When an extremist mob attacked the Capitol, Congressman Carlos Gimenez was forced to hide. But hours later, with blood still on the floors of the Capitol, he voted with Trump and helped spread the same lies that left a police officer dead and many others injured.” More

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      Trump Acting Attorney General to Say No Widespread Fraud in 2020

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      The top Justice Department official at the time of the Jan 6. attack on the Capitol is expected to tell lawmakers on Wednesday that the department saw no evidence to undercut President Biden’s election win, even as Republicans continue to question the results and use those doubts to underpin restrictive voting laws.The Justice Department “had been presented with no evidence of widespread voter fraud at a scale sufficient to change the outcome of the 2020 election,” Jeffrey A. Rosen, who served as the acting attorney general for the final month of the Trump administration, said in a prepared statement to the House Oversight Committee.The department chose not to participate in legal challenges to the certification of the Electoral College results based on that assessment, his opening statement said, declining to appoint special prosecutors to look into election fraud or to ask state officials to overturn the results.Mr. Rosen agreed to participate in the hearing about the delayed law enforcement response to the mob at the Capitol.Former Deputy Attorney General Jeffrey A. Rosen during a press conference at the Department of Justice in September 2020.Pool photo by Olivier DoulieryThe Justice Department played a secondary role in security preparations for Congress’s Jan. 6 certification of the election results and expected protests, Mr. Rosen’s statement said. Washington’s Metropolitan Police Department led the planning.In preparation for the demonstrations, the Justice Department focused on gathering intelligence about potential threats and sharing it with the Homeland Security Department and local law enforcement, while the Metropolitan Police Department was primarily responsible for security. Mr. Rosen is expected to say that the number of protesters who gathered on Jan. 6 was on the low end of the department’s crowd size estimate.The day before the riot, the F.B.I. also set up a national coordination center at its headquarters in Washington to disseminate information. “Based on the updates I received, I was confident that very substantial efforts were undertaken by D.O.J. personnel in advance of Jan. 6 to understand and prepare for the potential threats, and share that information with law enforcement partners,” Mr. Rosen is expected to testify.He said in his opening remarks that his office took the additional step of pre-positioning tactical teams from the F.B.I., the A.T.F. and the U.S. Marshals Service near Washington, even though no other law enforcement agencies had requested them.Mr. Rosen is expected to say that soon after the crowd breached the Capitol, the Justice Department responded to requests for help from the Capitol Police, congressional leaders and White House staff. Some personnel were on the ground soon after the calls were made, and “sizable numbers” arrived by 2:40 that afternoon to help clear the building and ensure that the election was certified. More

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      Arizona Election Results Review Is Riddled With Flaws, Says Official

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      Arizona’s top election official said the effort ordered by Republican state senators leaves ballots unattended and lacks basic safeguards to protect the process from manipulation.Untrained citizens are trying to find traces of bamboo on last year’s ballots, seemingly trying to prove a conspiracy theory that the election was tainted by fake votes from Asia. Thousands of ballots are left unattended and unsecured. People with open partisan bias, including a man who was photographed on the Capitol steps during the Jan. 6 riot, are doing the recounting.All of these issues with the Republican-backed re-examination of the November election results from Arizona’s most populous county were laid out this week by Katie Hobbs, Arizona’s Democratic secretary of state, in a scathing six-page letter. Ms. Hobbs, called the process “a significant departure from standard best practices.”“Though conspiracy theorists are undoubtedly cheering on these types of inspections — and perhaps providing financial support because of their use — they do little other than further marginalize the professionalism and intent of this ‘audit,’” she wrote to Ken Bennett, a former Republican secretary of state and the liaison between Republicans in the State Senate and the company conducting it.The effort has no official standing and will not change the state’s vote, whatever it finds. But it has become so troubled that the Department of Justice also expressed concerns this week in a letter saying that it might violate federal laws.“We have a concern that Maricopa County election records, which are required by federal law to be retained and preserved, are no longer under the ultimate control of elections officials, are not being adequately safeguarded by contractors, and are at risk of damage or loss,” wrote Pamela Karlan, the principal deputy assistant attorney general with the Justice Department’s Civil Rights Division.The scene playing out in Arizona is perhaps the most off-the-rails episode in the Republican Party’s escalating effort to support former President Donald J. Trump’s lie that he won the election. Four months after Congress certified the results of the presidential election, local officials around the country are continuing to provide oxygen for Mr. Trump’s obsession that he beat Joseph R. Biden Jr. last fall.In Arizona, the review is proving to be every bit as problematic as skeptics had imagined.Last month, the Arizona Republic editorial board called for the state’s G.O.P. Senate majority to stop “abusing its authority.”“Republicans in the Arizona Legislature have set aside dollars, hired consultants, procured the hardware and software to conduct what they call ‘an audit’ of the 2020 presidential election in Maricopa County,” the editorial said. “What they don’t have is the moral authority to make it credible.”Katie Hobbs, Arizona’s secretary of state, said the process had ignored long-established safeguards against mistakes or deliberate manipulation of the election results.Pool photo by Ross D. FranklinRepublican state senators ordered a review of the election in Maricopa County, whose 2.1 million ballots accounted for two-thirds of the entire vote statewide, in December, after some supporters of Mr. Trump refused to accept his 10,457-vote loss in Arizona. Democrats had flipped the county, giving Mr. Biden more than enough votes to ensure his victory statewide.The senators later assigned oversight of the effort to a Florida-based company, Cyber Ninjas, whose chief executive had publicly embraced conspiracy theories claiming that voting machines had been rigged to deliver the state to Mr. Biden. Since then, supporters of Mr. Trump’s stolen-election story line have been given broad access to the site of the review, while election experts, the press and independent observers have struggled to gain access, sometimes resorting to going to court.In one much-noted instance, Anthony Kern, a former state representative photographed on the Capitol steps on the day of the insurrection — and who was on the Maricopa ballot both as a legislative candidate and as a presidential elector — was hired to help recount ballots.Among other concerns, Ms. Hobbs’s letter contended that stacks of ballots were not properly protected and that there was no apparent procedure for preventing the commingling of tallied and untallied ballots.The security violations spotted by observers, the letter stated, included ballots left unattended on tables and ballots counted using scrap paper instead of official tally sheets. Counters receive “on the fly” training. Ballots from separate stacks are mixed together. Software problems cause ballot images to get lost. The letter also noted that some aspects of the process “appear better suited for chasing conspiracy theories than as a part of a professional audit.”For instance, some ballots are receiving microscope and ultraviolet-light examinations, apparently to address unfounded claims that fraudulent ballots contained watermarks that were visible under UV light — or that thousands of fraudulent ballots were flown in from Southeast Asia using paper with bamboo fibers.John Brakey, an official helping supervise the effort, said high-powered microscopes were being used to search for evidence of fake ballots, according to a video interview with the CBS News affiliate in Phoenix.“There’s accusations that 40,000 ballots were flown in, to Arizona, and it was stuffed into the box,” he said in a taped interview. “And it came from the southeast part of the world, Asia, OK. And what they’re doing is to find out if there’s bamboo in the paper.”“I don’t believe any of that,” he added. “I’m just saying it’s part of the mystery that we want to un-gaslight people about.”Republicans in the Senate signed a contract agreeing to pay $150,000 for the vote review, a figure that many said then would not cover its cost. A variety of outside groups later started fund-raisers to offset extra expenses, including the right-wing One America News cable channel and an Arizona state representative, Mark Finchem, who argues the election was stolen. How much in outside donations has been collected — and who the donors are — is unclear.The letter from the secretary of state also said that equipment and software being used to display images of ballots had not been tested by a federal laboratory or certified by the federal Election Assistance Commission, as state law requires. That left open the possibility, the letter said, that the systems could have been preloaded with false images of ballots or that the software had been designed to manipulate ballot images — concerns similar to those that believers in a stolen election had themselves raised.Ms. Hobbs also said the procedures for checking the accuracy of the effort included no “reliable process for ensuring consistency and resolving discrepancies” among the three separate counts of ballots. It also appeared that the task of entering recount results into an electronic spreadsheet was performed by a single person rather than a team of people from both political parties, the letter stated.Mr. Bennett, the liaison between Republicans in the State Senate and the company conducting the vote review, did not immediately respond to a request for comment.But Ms. Hobbs concluded her letter to him by saying, “you know that our elections are governed by a complex framework of laws and procedures designed to ensure accuracy, security, and transparency. You also must therefore know that the procedures governing this audit ensure none of those things.“I’m not sure what compelled you to oversee this audit, but I’d like to assume you took this role with the best of intentions. It is those intentions I appeal to now: either do it right, or don’t do it at all.” More

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      Stefanik Moves to Oust Cheney, Resurfacing False Election Claims

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      Republicans say Liz Cheney, their No. 3, is being targeted because she won’t stay quiet about Donald J. Trump’s election lies. Her would-be replacement is campaigning on them.WASHINGTON — As House Republicans have made the case for ousting Representative Liz Cheney, their No. 3, from their leadership ranks, they have insisted that it is not her repudiation of former President Donald J. Trump’s election lies that they find untenable, but her determination to be vocal about it.But on Thursday, Representative Elise Stefanik of New York, the Republican whom leaders have anointed as Ms. Cheney’s replacement in waiting, loudly resurrected his false narrative, citing “unprecedented, unconstitutional overreach” by election officials in 2020 and endorsing an audit in Arizona that has become the latest avenue for conservatives to try to cast doubt on the results.“It is important to stand up for these constitutional issues, and these are questions that are going to have to be answered before we head into the 2022 midterms,” Ms. Stefanik told Stephen K. Bannon, Mr. Trump’s former strategist, in the first of a pair of interviews on Thursday with hard-right acolytes of the former president.The comments, Ms. Stefanik’s first in public since she announced she was taking on Ms. Cheney, reflected how central the former president’s election lies have become to the Republican Party message, even as its leaders insist they are determined to move beyond them and focus on attacking Democrats as radical, big-spending socialists before the 2022 midterm elections.Far from staying quiet about the false election claims on Thursday, Ms. Stefanik effectively campaigned on them, describing Mr. Trump on Mr. Bannon’s show as the “strongest supporter of any president when it comes to standing up for the Constitution,” and asserting that Republicans would work with him as “one team.”“The job of the conference chair is to represent the majority of the House Republicans, and the vast majority of the House Republicans support President Trump, and they support his focus on election integrity and election security,” Ms. Stefanik later told Sebastian Gorka, a former adviser to Mr. Trump. The job, she said in an unmistakable jab at Ms. Cheney, “is not to attack members of the conference and attack President Trump.”While Ms. Stefanik avoided claiming outright that the election was stolen, she praised the Arizona audit, a Republican-led endeavor that critics in both parties have described as a blow to democratic norms and a political embarrassment, as “incredibly important.” She said recounting votes there and scrutinizing how Pennsylvania and other states administered the 2020 election were “valid, important questions and issues that the American people deserve policy proposals and answers on.”It was a stark contrast from Ms. Cheney, who has relentlessly upbraided the former president for falsely claiming the election was stolen and on Wednesday beseeched Republican lawmakers in a scathing opinion piece to excise him from the party. Ms. Cheney voted against her party’s efforts to invalidate the election results on Jan. 6, while Ms. Stefanik — like most House Republicans — voted to reject Pennsylvania’s electoral votes for President Biden.Some Republicans, including the hard-right lawmakers who led a charge to try to remove Ms. Cheney in February after she voted to impeach Mr. Trump, readily conceded that they were unwilling to tolerate dissent from their party leaders.“All the polling indicates that President Trump is still the titleholder,” Representative Andy Biggs of Arizona, the chairman of the Freedom Caucus, said on Fox News. Ms. Cheney “can tell what her version of the truth is, but she can’t do it as the leader of the Republican Party in Congress.”For many Republicans, however, the calculation to boot Ms. Cheney, a strict conservative, in favor of Ms. Stefanik, who has a far more moderate voting record but has wholeheartedly embraced Mr. Trump, is more complicated.In interviews with lawmakers and party operatives, all of whom requested anonymity to discuss the internal turmoil, several expressed concern about the optics of purging the only female member of leadership and a daughter of a conservative dynasty for her resolve to call out Mr. Trump’s lies. They worried that the move to oust Ms. Cheney could spook donors who might chafe at sending money to Republicans so closely associated with the Jan. 6 riot, and ultimately voters who might be alienated by the party’s refusal to brook dissent.But they were also wrestling with the political downsides of keeping Ms. Cheney in her post, worried that they would continue to be forced to answer for her unyielding broadsides against the myth of a stolen election that many of their voters believe. Several lawmakers privately lamented her stubbornness and said they wished Ms. Cheney would focus solely on attacking Democrats.Representative Elise Stefanik of New York, the Republican whom leaders have annointed as Ms. Cheney’s replacement in waiting, has loudly resurrected Mr. Trump’s false election narrative.Cindy Schultz for The New York TimesThat has been the approach taken by Senator Mitch McConnell, Republican of Kentucky and the minority leader, who was initially vocal in his criticism of Mr. Trump and support of Ms. Cheney, but more recently has refused to broach either subject.On Thursday, for the second day in a row, he sidestepped questions about Mr. Trump and Ms. Cheney, saying he was solely focused on challenging Mr. Biden and Democrats, and “looking forward — not backward.”“Members do not want to have to defend themselves against attacks from members of their own leadership team,” said John Feehery, a Republican strategist and former House leadership aide. “The primary job of the House Republican Conference chair is to set up and facilitate the weekly press conferences conducted by the House Republican leadership. If you go out of your way to embarrass your leaders at those press conferences, you are not doing your job and you won’t last in that position very long.”Representative Ashley Hinson of Iowa, a rising freshman star who voted against her party’s attempt to invalidate the election results, came out on Thursday in support of Ms. Stefanik, saying she respected Ms. Cheney’s “strong conservative record and service to our country” but wanted relief from the infighting that had plagued the conference.“If Republicans are divided, and not focusing all of our efforts against radical Democrat policies, Speaker Pelosi will remain in power,” Ms. Hinson said in a statement that called Ms. Stefanik “the right person to unify and lead our conference at this time.”Others appeared torn. Representative Nancy Mace, Republican of South Carolina, who had vocally condemned Mr. Trump for his role in encouraging the attack on the Capitol on Jan. 6 and warned that the Republican Party could not define itself solely around the former president, said she was tired of “having these fights publicly.”“I want to move forward,” Ms. Mace told Fox Business’s Neil Cavuto. “I want to win back the House in a year and a half. We can get the majority back, and we’ve got to stop fighting with each other in public.”Ms. Mace warned that if the party continued “to make our party and our country about one person, and not about hard-working Americans in the this country, we’re going to continue to lose elections.” Asked whether she was referring to Mr. Trump or Ms. Cheney, Ms. Mace replied, “All of the above.”Some arch-conservative Republicans who are eager to oust Ms. Cheney — many of whom have despised her hawkish foreign policy views for years — have been quietly skeptical of Ms. Stefanik despite her endorsement from Mr. Trump, noting the low rankings conservative groups like the Heritage Foundation and American Conservative Union have given her. On Wednesday night, the anti-tax Club for Growth opposed her campaign, branding her “a liberal.”“House Republicans should find a conservative to lead messaging and win back the House Majority,” the group wrote in a statement on Twitter.But despite the hand-wringing among the rank-and-file, by Thursday, Ms. Stefanik’s allies, including Representative Jim Jordan of Ohio, one of the founders of the Freedom Caucus, publicly predicted that she would be conference chairwoman as soon as Wednesday, when Republicans plan to meet.“For sure the votes are there,” Mr. Jordan said on Fox News. “You can’t have a Republican conference chair taking a position that 90 percent of the party disagrees with, and you can’t have a Republican Party chair consistently speaking out against the individual who 74 million Americans voted for.”Carl Hulse More