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    Cassidy Hutchinson: Why the Jan. 6 Committee Rushed Her Testimony

    Sequestered with family and security, Ms. Hutchinson, 26, has in the process developed an unlikely bond with Representative Liz Cheney, the panel’s vice chairwoman.WASHINGTON — The day before Cassidy Hutchinson was deposed for a fourth time by the Jan. 6 committee, the former Trump White House aide received a phone message that would dramatically change the plans of the panel and write a new chapter in American politics.On that day in June, the caller told Ms. Hutchinson, as Liz Cheney, the committee’s vice chairwoman, later disclosed: A person “let me know you have your deposition tomorrow. He wants me to let you know he’s thinking about you. He knows you’re loyal. And you’re going to do the right thing when you go in for your deposition.”At Ms. Hutchinson’s deposition the next day, committee members investigating the attack on the Capitol were so alarmed by what they considered a clear case of witness tampering — not to mention Ms. Hutchinson’s shocking account of President Donald J. Trump’s behavior on Jan. 6, 2021 — that they decided in a meeting on June 24, a Friday, to hold an emergency public hearing with Ms. Hutchinson as the surprise witness the following Tuesday.The speed, people close to the committee said, was for two crucial reasons: Ms. Hutchinson was under intense pressure from Trump World, and panel members believed that getting her story out in public would make her less vulnerable, attract powerful allies and be its own kind of protection. The committee also had to move fast, the people said, to avoid leaks of some of the most explosive testimony ever heard on Capitol Hill.In the two weeks since, Ms. Hutchinson’s account of an unhinged president who urged his armed supporters to march to the Capitol, lashed out at his Secret Service detail and hurled his lunch against a wall has turned her into a figure of both admiration and scorn — lauded by Trump critics as a 21st-century John Dean and attacked by Mr. Trump as a “total phony.”Ms. Hutchinson’s testimony also pushed the committee to redouble its efforts to interview Pat A. Cipollone, Mr. Trump’s White House counsel, who appeared in private before the panel on Friday. His videotaped testimony is expected to be shown at the committee’s next public hearing on Tuesday.Ms. Hutchinson and Representative Liz Cheney, the vice chairwoman of the Jan. 6 committee, have developed an unlikely bond.Doug Mills/The New York TimesNow unemployed and sequestered with family and a security detail, Ms. Hutchinson, 26, has developed an unlikely bond with Ms. Cheney, a Wyoming Republican and onetime aide to former Secretary of State Colin L. Powell during the George W. Bush administration — a crisis environment of another era when she learned to work among competing male egos. More recently, as someone ostracized by her party and stripped of her leadership post for her denunciations of Mr. Trump, Ms. Cheney admires the younger woman’s willingness to risk her alliances and professional standing by recounting what she saw in the final days of the Trump White House, friends say.“I have been incredibly moved by young women that I have met and that have come forward to testify in the Jan. 6 committee,” Ms. Cheney said in concluding a recent speech at the Reagan Library in Simi Valley, Calif.When she mentioned Ms. Hutchinson’s name, the audience erupted in applause.Influence Beyond Her YearsThe path that led a young Trump loyalist to become a star witness against the former president was not exactly prefigured by Ms. Hutchinson’s biography.Key Revelations From the Jan. 6 HearingsCard 1 of 7Making a case against Trump. More

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    Jan. 6 Panel Questions Cipollone on Pardons and Trump’s Election Claims

    Pat A. Cipollone, the former White House counsel for President Donald J. Trump, appeared before the House committee investigating the Capitol attack for roughly eight hours on Friday.WASHINGTON — Pat A. Cipollone, who served as White House counsel for President Donald J. Trump, was asked detailed questions on Friday about pardons, false election fraud claims and the former president’s pressure campaign against Vice President Mike Pence, according to three people familiar with his testimony before the House committee investigating the Jan. 6 attack on the Capitol.The panel did not press him to either corroborate or contradict some specific details of explosive testimony by Cassidy Hutchinson, a former White House aide who captivated the country late last month with her account of an out-of-control president willing to embrace violence and stop at nothing to stay in power, the people said.During a roughly eight-hour interview conducted behind closed doors in the O’Neill House Office Building, the panel covered some of the same ground it did during an informal interview with Mr. Cipollone in April. In the session on Friday, which took place only after Mr. Cipollone was served with a subpoena, investigators focused mainly on Mr. Cipollone’s views on the events of Jan. 6 and generally did not ask about his views of other witnesses’ accounts.Mr. Cipollone, who fought against the most extreme plans to overturn the 2020 election but has long held that his direct conversations with Mr. Trump are protected by executive privilege and attorney-client privilege, invoked certain privileges in declining to answer some of the committee’s questions.Tim Mulvey, a spokesman for the panel, said the committee “received critical testimony on nearly every major topic in its investigation, reinforcing key points regarding Donald Trump’s misconduct and providing highly relevant new information that will play a central role in its upcoming hearings.”“This includes information demonstrating Donald Trump’s supreme dereliction of duty,” Mr. Mulvey said. “The testimony also corroborated key elements of Cassidy Hutchinson’s testimony.”The panel recorded Mr. Cipollone on video with potential plans to use clips of his testimony at upcoming hearings. Aides have begun strategizing about whether and where to adjust scripts to include key clips, one person said. The next hearing is scheduled for Tuesday.In the interview, Mr. Cipollone was asked about Mr. Trump’s false claims of a stolen election. The panel has asked similar questions of top Justice Department officials, White House lawyers and Trump campaign officials, who have testified that they did not agree with the effort to overturn the 2020 election.Mr. Cipollone also broke with Mr. Trump in response to questions about the former president’s pressure campaign against Mr. Pence, which included personal meetings, a profane phone call and even a post on Twitter attacking the vice president as rioters stormed the Capitol pledging to hang him, people familiar with the testimony said.Mr. Cipollone’s agreement to sit for an interview before the panel had prompted speculation that his testimony could either buttress or contradict the account of Ms. Hutchinson, who attributed some of the most damning statements about Mr. Trump’s behavior to Mr. Cipollone. For instance, she testified that Mr. Cipollone told her on the morning of Jan. 6 that Mr. Trump’s plan to accompany the mob to the Capitol would cause Trump officials to be “charged with every crime imaginable.”Two people familiar with Mr. Cipollone’s actions that day said he did not recall making that comment to Ms. Hutchinson. Those people said the committee was made aware before the interview that Mr. Cipollone would not confirm that conversation were he to be asked. He was not asked about that specific statement on Friday, according to people familiar with the questions.“Why are Pat Cipollone & his lawyers letting the J6 Committee get away with suborning Cassidy Hutchinson’s perjury?” Mr. Trump’s eldest son, Donald Trump Jr., who has also testified before the panel, wrote on Twitter on Saturday. “Only cowards let the Left bully them into sitting quietly instead of speaking up and telling the truth. Stop hiding on background, Pat. Grow a spine & go on record.”Mr. Mulvey said there was no “preinterview agreement to limit Cipollone’s testimony” and any suggestion otherwise was “completely false.”Among other subjects, Mr. Cipollone was asked in the interview about conversations in which presidential pardons were discussed.The committee did not press Mr. Cipollone to either corroborate or contradict some specific details of testimony by Cassidy Hutchinson, a former White House aide who appeared before the panel last month.Doug Mills/The New York TimesMs. Hutchinson has testified that on Jan. 7, the day after the assault on the Capitol, Mr. Trump wanted to promise pardons for those involved in the attack, but Mr. Cipollone argued to remove language making such a promise from remarks that the president was to deliver.She has also testified that members of Congress and others close to Mr. Trump sought pardons after the violence of Jan. 6.An adviser to Mr. Cipollone declined to comment on his appearance before the panel.“He was candid with the committee,” Representative Zoe Lofgren, Democrat of California and a member of the panel, said on CNN on Friday. “He was careful in his answers, and I believe that he was honest in his answers.”She added, “We gained some additional insight into the actual day, Jan. 6.”Ms. Lofgren said Mr. Cipollone did not contradict other witnesses. “There were things that he might not be present for or in some cases could not recall with precision,” she said.Mr. Cipollone’s testimony came after he reached a deal to testify before the panel, which had pressed him for weeks to cooperate and issued him a subpoena last month.Mr. Cipollone was a witness to key moments in Mr. Trump’s push to overturn the election results, including discussions about sending false letters to state officials about election fraud and seizing voting machines. He was also in direct contact with Mr. Trump on Jan. 6 as rioters stormed the Capitol.Mr. Trump has railed against Mr. Cipollone’s cooperation. On Thursday, he posted on his social media platform, Truth Social: “Why would a future President of the United States want to have candid and important conversations with his White House Counsel if he thought there was even a small chance that this person, essentially acting as a ‘lawyer’ for the Country, may someday be brought before a partisan and openly hostile Committee in Congress.” More

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    Jan. 6 Panel Secures Deal for Cipollone to Be Interviewed

    The former White House counsel pushed back on President Donald J. Trump’s efforts to overturn the 2020 election and was in the West Wing to witness his actions on Jan. 6, 2021.Pat A. Cipollone, the White House counsel to President Donald J. Trump who repeatedly fought Mr. Trump’s efforts to overturn the 2020 election, has reached a deal to be interviewed by Friday before the House committee investigating the Jan. 6 attack, according to people familiar with the inquiry.The agreement was a breakthrough for the panel, which has pressed for weeks for Mr. Cipollone to cooperate — and issued a subpoena to him last week — believing he could provide crucial testimony.Mr. Cipollone was a witness to pivotal moments in Mr. Trump’s push to invalidate the election results, including discussions about seizing voting machines and sending false letters to state officials about election fraud. He was also in the West Wing on Jan. 6, 2021, as Mr. Trump reacted to the violence at the Capitol, when his supporters attacked the building in his name.People close to Mr. Cipollone have repeatedly cautioned that concerns about executive privilege and attorney-client privilege could limit his cooperation.But committee negotiators have pressed to hear from Mr. Cipollone and Patrick F. Philbin, who was his deputy in the White House.Mr. Cipollone will sit for a videotaped, transcribed interview, according to a person familiar with the discussions. He is not expected to testify publicly.A committee spokesman declined to comment.The panel’s push to hear from Mr. Cipollone intensified after the testimony last week of Cassidy Hutchinson, a former White House aide to the chief of staff, Mark Meadows. Ms. Hutchinson described detailed conversations with Mr. Cipollone in which she said the counsel had expressed deep concerns about the actions of Mr. Trump and Mr. Meadows.Some allies of Mr. Trump have privately tried to cast doubt on parts of Ms. Hutchinson’s testimony, which was the committee’s most explosive to date and was delivered under oath. Mr. Trump has tried to invoke executive privilege — a president’s power to withhold the release of certain confidential communications with his advisers — to prevent his former aides from cooperating with the investigation. In April, Mr. Cipollone and Mr. Philbin both appeared for informal interviews with the panel on a limited set of topics, according to an agreement reached by their representatives and representatives for Mr. Trump.The agreement, according to an email reviewed by The New York Times, allowed discussions of a meeting with Jeffrey Clark, a Justice Department official who tried to help Mr. Trump cling to power; Mr. Trump’s interactions with John Eastman, the conservative lawyer who drafted a legal strategy for overturning the election; any interactions with members of Congress; and Mr. Cipollone’s recollections of the events of Jan. 6.The agreement said that the two men could not discuss conversations they or others had with Mr. Trump, other than one discussion in the Oval Office with Mr. Clark in a pivotal meeting on Jan. 3, 2021.However, both were permitted to discuss the timeline of where they were, with whom they met and conversations they had on Jan. 6. Assuming those conditions hold for Mr. Cipollone’s forthcoming testimony, they would presumably cover conversations such as ones he may have had with Ms. Hutchinson or other officials that day.Ms. Hutchinson told the panel that she recalled that on Jan. 6, Mr. Cipollone had objected to suggestions that Mr. Trump join a crowd at the Capitol that was pressing to overturn the results of the election.“We’re going to get charged with every crime imaginable,” Ms. Hutchinson recalled Mr. Cipollone saying.People familiar with the White House counsel’s schedule on Jan. 6, 2021, say he arrived late to the White House, although it was unclear precisely when.According to Ms. Hutchinson, Mr. Cipollone urged Mr. Meadows to do more to persuade Mr. Trump to call off the rioters. Ms. Hutchinson also told investigators that she heard lawyers from the White House Counsel’s Office say a plan to put forward pro-Trump electors in states that Joseph R. Biden Jr. won was not “legally sound.”Members of the House committee had hoped that Mr. Cipollone would testify publicly at a previous hearing, but he declined. They then took their case public. From the hearing room dais, Representative Liz Cheney, Republican of Wyoming, singled out the former White House counsel by name, saying: “Our committee is certain that Donald Trump does not want Mr. Cipollone to testify here. But we think the American people deserve to hear from Mr. Cipollone personally.”Key Revelations From the Jan. 6 HearingsCard 1 of 7Making a case against Trump. 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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    Giuliani and Graham Among Trump Allies Subpoenaed by Georgia Grand Jury

    Rudy Giuliani, Lindsey Graham, John Eastman and several others in the former president’s orbit were subpoenaed in the election meddling inquiry.Seven advisers and allies of Donald J. Trump, including Rudolph W. Giuliani and Senator Lindsey Graham, were subpoenaed on Tuesday in the ongoing criminal investigation in Georgia of election interference by Mr. Trump and his associates. The move was the latest sign that the inquiry has entangled a number of prominent members of Mr. Trump’s orbit, and may cloud the future for the former president.The subpoenas underscore the breadth of the investigation by Fani T. Willis, the district attorney of Fulton County, which encompasses most of Atlanta. She is weighing a range of charges, according to legal filings, including racketeering and conspiracy, and her inquiry has encompassed witnesses from beyond the state. The latest round of subpoenas was reported earlier by The Atlanta Journal-Constitution.The Fulton County investigation is one of several inquiries into efforts by Mr. Trump and his team to overturn the election, but it is the one that appears to put them in the greatest immediate legal jeopardy. A House committee continues to investigate the Jan. 6, 2021, attack on the Capitol. And there is an intensifying investigation by the Justice Department into a scheme to create slates of fake presidential electors in 2020.Amid the deepening investigations, Mr. Trump is weighing an early entrance into the 2024 presidential race; people close to him have said he believes it would bolster his claims that the investigations are politically motivated.A subpoena is not an indication that someone is a subject of an inquiry, though some of the latest recipients are considered at risk in the case — in particular Mr. Giuliani, a personal lawyer for Mr. Trump who has emerged as a central figure in the grand jury proceedings in the Georgia investigation. Mr. Giuliani spent several hours speaking before state legislative panels in December 2020, where he peddled false conspiracy theories about corrupted voting machines and a video that he claimed showed secret suitcases of Democratic ballots. He told members of the State House at the time, “You cannot possibly certify Georgia in good faith.”Ms. Willis’s office, in its subpoena, said Mr. Giuliani “possesses unique knowledge concerning communications between himself, former President Trump, the Trump campaign, and other known and unknown individuals involved in the multistate, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.”Though the subpoenas were issued Tuesday, not all had necessarily been received. Robert J. Costello, a lawyer for Mr. Giuliani, said, “We have not been served with any subpoena, therefore we have no current comment.”Others sent subpoenas included Jenna Ellis, a lawyer who worked closely with Mr. Giuliani to overturn the 2020 election results; John Eastman, the legal architect of a plan to keep Mr. Trump in power by using fake electors, and Mr. Graham, the South Carolina Republican who called the Georgia secretary of state, Brad Raffensperger, a fellow Republican, days after the election to inquire about the rules for discarding mail-in ballots.Jenna Ellis, a lawyer who worked with Rudolph W. Giuliani to overturn the 2020 election results, was also subpoenaed.Rey Del Rio/Getty ImagesAnother prominent lawyer who received a subpoena, Cleta Mitchell, was on a Jan. 2, 2021, call that Mr. Trump made to Mr. Raffensperger where he asked him to find enough votes to reverse the state’s results. The subpoena to her said, “During the telephone call, the witness and others made allegations of widespread voter fraud in the November 2020 election in Georgia and pressured Secretary Raffensperger to take action in his official capacity to investigate unfounded claims of fraud.”Two other Trump lawyers were also subpoenaed: Jacki Pick Deason, who helped make the Trump team’s case before the Georgia legislature, and Kenneth Chesebro, whose role has come into sharper focus during the House Jan. 6 hearings in Washington. In an email exchange with Mr. Eastman in the run-up to the Jan. 6 attack, he wrote that the Supreme Court would be more likely to act on a Wisconsin legal challenge “if the justices start to fear that there will be ‘wild’ chaos on Jan. 6 unless they rule by then, either way.”Most of those subpoenaed could not be immediately reached for comment. A spokesman for the Texas Public Policy Foundation, where Ms. Deason is a senior fellow, declined to comment.The special grand jury was impaneled in early May and has up to one year to complete its work before issuing a report advising Ms. Willis on whether to pursue criminal charges, though Ms. Willis has said she hopes to conclude much sooner. In official letters sent to potential witnesses, her office has said that it is examining potential violations that include “the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.”The new subpoenas offered some further clues about where her investigation is focused.Mr. Eastman was a key witness at one of the December 2020 legislative hearings that were led by Mr. Giuliani. Ms. Willis’s office said in its subpoena to Mr. Eastman that during the hearing he had “advised lawmakers that they had both the lawful authority and a ‘duty’ to replace the Democratic Party’s slate of presidential electors, who had been certified as the duly appointed electors for the State of Georgia after the November 2020 election, due to unfounded claims of widespread voter fraud within the state.”John Eastman, a Trump legal adviser and the architect of the fake-elector plan, with Mr. Giuliani.Jim Bourg/ReutersThey called the appearance part of a “multistate, coordinated plan by the Trump campaign to influence the results of the November 2020 election in Georgia and elsewhere.”The subpoena also noted that Mr. Eastman “drafted at least two memoranda to the Trump Campaign and others detailing a plan through which Vice President Mike Pence, as president of the Senate, could refuse to count some of President Joe Biden’s electoral votes” on Jan. 6 — a plan that was rejected by Mr. Pence.Regarding Ms. Ellis, Ms. Willis’s office said that even after Mr. Raffensperger’s office debunked claims of fraud by election workers at an Atlanta arena, Ms. Ellis persisted. “Despite this, the witness made additional statements claiming widespread voter fraud in Georgia during the November 2020 election,” the subpoena said.Mr. Trump has derided the inquiry; last year, a spokesman for the former president called it “the Democrats’ latest attempt to score political points by continuing their witch hunt against President Trump.”Sean Keenan More

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    New Insights Into Trump’s State of Mind on Jan. 6 Chip Away at Doubts

    Former President Donald J. Trump has weathered scandals by keeping his intentions under wraps, but recent testimony paints a stark portrait of a man willing to do almost anything to hang onto power.WASHINGTON — He was not speaking metaphorically. It was not an offhand comment. President Donald J. Trump had every intention of joining a mob of supporters he knew to be armed and dangerous as it marched to the Capitol. And there had even been talk of marching into the House chamber himself to disrupt Congress from ratifying his election defeat.For a year and a half, Mr. Trump has been shielded by obfuscations and mischaracterizations, benefiting from uncertainty about what he was thinking on Jan. 6, 2021. If he truly believed the election had been stolen, if he genuinely expected the gathering at the Capitol would be a peaceful protest, the argument went, then could he be held accountable, much less indicted, for the mayhem that ensued?But for a man who famously avoids leaving emails or other trails of evidence of his unspoken motives, any doubts about what was really going through Mr. Trump’s mind on that day of violence seemed to have been eviscerated by testimony presented in recent weeks by the House committee investigating the Capitol attack — especially the dramatic appearance last week of a 26-year-old former White House aide who offered a chilling portrait of a president willing to do almost anything to hang onto power.More than perhaps any insider account that has emerged, the recollections of the aide, Cassidy Hutchinson, demolished the fiction of a president who had nothing to do with what happened. Each revelation was stunning on its own: Mr. Trump knew that weapons were in the crowd as he exhorted supporters to “fight like hell,” and even tried to stop anyone from disarming them. He was so determined to join the mob at the Capitol that he lashed out at his Secret Service detail for refusing to take him. And he was so nonchalant about the bedlam he had unleashed that he suggested Vice President Mike Pence might deserve to be executed for refusing to overturn the election.But when added together, the various disclosures have produced the clearest picture yet of an unprecedented attempt to subvert the traditional American democratic process, with a sitting president who had lost at the ballot box planning to march with an armed crowd to the Capitol to block the transfer of power, brushing aside manifold concerns about the potential for violence along the way.“The innocent explanations for Trump’s conduct seem virtually impossible to credit following the testimony we have seen,” said Joshua Matz, who served as a lawyer for House Democrats during both of Mr. Trump’s impeachment trials in the Senate. “At the very least, they powerfully shift the burden to Trump and his defenders to offer evidence that he did not act with a corrupt, criminal state of mind.”And so nearly two and a half centuries after the 13 American colonies declared independence from an unelected king, the nation is left weighing a somber new view of the fragility of its democracy — and the question of what, if anything, could and should be done about it.To the extent that there may be a turning point in that debate, Ms. Hutchinson’s testimony proved decisive for some who had been willing to give Mr. Trump the benefit of the doubt or had been uncertain that the committee had gathered enough evidence about the former president’s state of mind.Solomon L. Wisenberg, a former deputy independent counsel under Ken Starr, called her account “the smoking gun” making a case “for his criminal culpability on seditious conspiracy charges.” Mick Mulvaney, who served as Mr. Trump’s third White House chief of staff, said he had been defending him, but learning that Mr. Trump knew some in the crowd were armed and still encouraged it to go to the Capitol “certainly changes my mind,” he told Fox News.David French, a conservative critic of Mr. Trump, had been skeptical the committee would produce sufficient evidence. “But Hutchinson’s sworn testimony closes a gap in the criminal case against Trump,” he wrote on The Dispatch, a conservative website. Two law professors, Alan Z. Rozenshtein of the University of Minnesota and Jed Handelsman Shugerman of Fordham University, likewise opposed prosecution until seeing Ms. Hutchinson, writing on the Lawfare blog that she changed their minds because she provided “proof of intent.”The hearings, which will continue after Congress returns on July 11 from its holiday recess, have presented only the prosecution’s side of the story. With Mr. Trump’s acquiescence, Representative Kevin McCarthy of California, the House Republican leader, opted against appointing anyone to the select committee after Speaker Nancy Pelosi rejected a couple of his original selections, leaving the panel composed entirely of Democrats and two Republicans deeply critical of the former president.Neither Ms. Hutchinson nor any of the other witnesses who have testified have been cross-examined. Their testimony has often been presented in short edited clips rather than in their entirety, and no contrary testimony has been offered publicly. In a courtroom, if it ever came to that, the case against Mr. Trump would be tested as it has not been so far.“The committee’s presentation has been a purely political exercise, deceptively edited,” said Jason Miller, who served as a political adviser to Mr. Trump during and after the election.Yet even outside the confines of the hearing room, Mr. Miller and others in Mr. Trump’s camp have mainly attacked the committee or tried to chip away at pieces of the testimony rather than produce much of a defense of the former president’s actions or an alternate explanation for his state of mind.In his social media posts, Mr. Trump denied asking that armed supporters be allowed at his rally. “Who would ever want that?” he wrote. “Not me!” He focused more of his energy on castigating Ms. Hutchinson in scathing personal terms (“whacko,” “total phony”) and concentrated on one small aspect of her testimony, namely whether he lunged for the wheel of his presidential vehicle when his Secret Service detail refused to take him to the Capitol on Jan. 6.Throughout his time in politics, Mr. Trump has survived one scandal after another in part because people in authority felt unable to read his mind. Investigators were not sure they could definitively prove that he intended to break the law when he authorized hush money to silence a pornographic film actress or when he provided false valuations of his properties to lenders or when he sought to impede the inquiry into Russia’s election interference. Fact checkers similarly documented tens of thousands of false statements he made while in office, but were reluctant to declare that he knowingly lied.“He learned from Dad, Norman Vincent Peale and especially Roy Cohn that you can get away with almost anything if you never back down and insist long enough and loud enough that you’re right, and he held onto that right up to the final ride” back to the White House, said Gwenda Blair, his biographer, referring in turn to Fred Trump; the author of “The Power of Positive Thinking”; and Senator Joseph McCarthy’s red-baiting chief counsel, who became a mentor to Mr. Trump. For Mr. Trump, “he was being completely consistent with the way he has acted his entire life.”Anthony Scaramucci, a longtime associate who served briefly in the White House before breaking with Mr. Trump, has talked in the past about Mr. Trump’s power to interpret reality in whatever way suited him. But Mr. Scaramucci said he had concluded that Mr. Trump understood perfectly well that the election was not stolen and that his actions on Jan. 6 to overturn it were illegitimate.Key Revelations From the Jan. 6 HearingsCard 1 of 7Making a case against Trump. More

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    An American’s Murky Path From Russian Propagandist to Jan. 6

    Charles Bausman, a former financial executive who runs websites that promote far-right views, recorded footage in the Capitol for a Russian television producer. Soon after, he fled to Moscow as a “political refugee.”In security footage from Jan. 6, it is easy to overlook the thin man wearing a red Trump hat who filters into the U.S. Capitol Building to record the mayhem with his phone.He blends in with the mob, seemingly unexceptional by the chaotic standards of that day. But what he did afterward was far from routine.Within 24 hours, the man, Charles Bausman, gave his recordings and commentary to a Russian television producer for a propaganda video. He then decamped to Moscow, where, appearing on a far-right television network owned by a sanctioned oligarch, he recently accused American media of covering up for neo-Nazis in Ukraine.“We must understand that in the West,” Mr. Bausman told Russian viewers, “we are already in a situation of total lies.”For Mr. Bausman — an American alumnus of Phillips Exeter Academy and Wesleyan University who speaks fluent Russian — it was the latest chapter in a strange odyssey. Once a financial executive who voted for President Barack Obama, he emerged in 2014 as a public critic of the left and of the United States, boosted by Russian state-sponsored organizations through speaking invitations, TV appearances and awards.Central to his transformation was a series of websites he created pushing anti-America, pro-Russia themes, as well as racist and homophobic messaging. Some of his posts have racked up millions of views, and his 5,000-word screed on “the Jewish problem” has been hailed by antisemites around the world and translated into multiple languages.Mr. Bausman’s path in some ways tracks a broader shift on the political right that embraces misinformation and sympathy toward Russia while tolerating an increasingly emboldened white nationalism. For its part, the Kremlin has sought to court conservatives in the United States and sow discord through a network of expats, collaborators and spies.People who have written for Mr. Bausman’s websites or promoted his work have come under scrutiny by American intelligence, and the founder of a pro-Russia forum that hosted him and others was charged in March with being an unregistered agent of Moscow.Mr. Bausman initially gained some prominence as a Russia apologist, but he has lowered his profile in recent years as he has espoused more extreme views. Yet he has been Zelig-like in exploiting cultural and political flash points, racing from cause to cause.After surfacing as a voluble defender of Russia’s 2014 invasion of Crimea, Mr. Bausman became an outspoken Trump supporter. With white nationalism on the rise, he threw himself into promoting it, relocating to rural Pennsylvania and hosting neo-Nazis at his property. He joined Republican protests against coronavirus restrictions and the 2020 election and most recently has reappeared in Russian media to criticize the West’s response to the war in Ukraine.Mr. Bausman attended a 2015 conference hosted by RT, a news channel tied to the Kremlin.Mikhail Voskresenskiy/Sputnik, via APKonstantin Malofeev, an influential oligarch indicted by the United States over alleged sanctions violations, said he had asked Mr. Bausman to appear on his television network because Mr. Bausman was one of the few Russian-speaking Americans willing to do it.“Who else is there to invite?” Mr. Malofeev asked.Mr. Bausman, 58, did not respond to multiple requests for comment. No charges have been brought against him related to the events of Jan. 6, though he appears inside the Capitol in video clips introduced in court cases against others. When a Russian TV host referred to him as “a participant” in storming the Capitol, Mr. Bausman interrupted to say that the description could get him into trouble, and that he was a journalist.Better Understand the Russia-Ukraine WarHistory and Background: Here’s what to know about Russia and Ukraine’s relationship and the causes of the conflict.How the Battle Is Unfolding: Russian and Ukrainian forces are using a bevy of weapons as a deadly war of attrition grinds on in eastern Ukraine.Russia’s Brutal Strategy: An analysis of more than 1,000 photos found that Russia has used hundreds of weapons in Ukraine that are widely banned by international treaties.Outside Pressures: Governments, sports organizations and businesses are taking steps to punish Russia. Here are some of the sanctions adopted so far and a list of companies that have pulled out of the country.Stay Updated: To receive the latest updates on the war in your inbox, sign up here. The Times has also launched a Telegram channel to make its journalism more accessible around the world.But, on other occasions, he has described himself differently. Speaking on a white nationalist podcast in April, in which he attacked critics of Russia as “evil pedophile globalists” who control the “enslaved West,” he explained why he was back in Moscow:“I’m a political refugee here.”Connecticut to MoscowPresident Vladimir V. Putin had just invaded Crimea in 2014 when Mr. Bausman said he had an idea. He would create an alternative news source to counter what he called Western media’s “inaccurate, incomplete and unrealistically negative picture of Russia.”The website, Russia Insider, was directed at an English-speaking audience and offered stories like, “Putin to Obama: You’re Turning the U.S.A. Into a Godless Sewer,” and “Anti-Christian Pogrom Underway in Ukraine.” Content was often aggregated from other pro-Russia sources, including RT, the Kremlin-funded television network.The role of online agitator was not an obvious one for Mr. Bausman, who grew up in the wealthy suburb of Greenwich, Conn., attended prep school and went on to earn a history degree from Wesleyan and study business at Columbia. His experience with Russia dates to his childhood, when his father served as the Moscow bureau chief for The Associated Press.Mr. Bausman with his father, who worked in Moscow for The Associated Press.As a college graduate in the late 1980s, he returned to Russia, and, with help from his father’s connections, worked briefly for NBC News. But when the Soviet Union collapsed, Mr. Bausman found a new role: as a multilingual fixer for entrepreneurs scrambling to cash in on the emerging economy.A. Craig Copetas, a former Wall Street Journal correspondent who wrote a book about the post-Soviet business era, said Mr. Bausman worked with Russians who “were the forerunners of the oligarchs.”“Charlie speaks excellent Russian,” he said, “so he was a valuable asset — he was like the young American prince of Moscow.”Mr. Bausman’s early success was not to last. There are gaps in his résumé, and U.S. court records show that he filed for bankruptcy in 1999.A former business associate recalled Mr. Bausman’s father beseeching people to “help my son” with his career. This person — one of several who did not want to be identified because of Mr. Bausman’s ties to extremists — described him as “just this lost guy” who seemed to struggle professionally despite impressive qualifications. He worked a succession of Russian private equity jobs, never staying in any position longer than a few years.Mr. Bausman’s last role was with the agribusiness investor AVG Capital Partners. A 2012 company presentation, which listed him as director of investor relations, boasted of “strong partnerships” with Russian authorities and included a photo of Mr. Putin.The exact timing of Mr. Bausman’s switch to propagandist is murky, but two profiles on the Russian social media platform VK offer a clue. The first, from 2011, is a sparse page featuring a wan Mr. Bausman in a suit and a link to a group interested in tennis.In the second profile, from two years later, he looks tan and confident in an open-collared shirt. The VK groups he joined were strikingly radical, including a militant Russian Orthodox sect and another called the Internet Militia, whose goal echoed what would soon become Mr. Bausman’s focus: “to protect and defend our native information field” against American attack.Oligarch ConnectionsPublicly, Mr. Bausman turned to crowd funding to pay for Russia Insider. Behind the scenes, however, he was in contact with Mr. Malofeev, a promoter of Orthodox nationalist propaganda.Leaked emails made public in 2014 revealed Mr. Bausman corresponding with a Malofeev associate, saying “we published your Serbia info” and asking for money. In an email to Mr. Malofeev, the associate praised Mr. Bausman’s site as “pro-Russian” and noted that he “wants to cooperate.”Mr. Malofeev was backing another media project at the time with a similar agenda: Tsargrad TV, which he created with a former Fox News employee, John Hanick. Both Mr. Hanick and Mr. Malofeev were charged by the United States this year with violating sanctions imposed in 2014.Mr. Bausman has appeared on the television network of Konstantin Malofeev, a Russian oligarch indicted by the U.S. for alleged sanctions violations.Tatyana Makeyeva/ReutersIn an interview, Mr. Malofeev said he believed Mr. Bausman “has done a great job and that he is a very brave person,” but he denied they had “a financial relationship.”Mr. Bausman has always said he did not receive support from Russian authorities. But there is little doubt that his emergence as an American salesman of pro-Kremlin views was aided greatly by entities controlled by or tied to the Russian state.After Russia Insider went live, Mr. Bausman began appearing on RT and other Russian media, and a news crew from a major state-owned TV channel traveled to his parents’ home in Connecticut to film him discussing his new website. On Facebook, he boasted that “our traffic exploded after this aired.”He was invited to join panel discussions at another state-owned outlet, received an award in 2016 named after a pro-Russia journalist killed in Ukraine, and spoke at a Kremlin-sponsored youth conference in newly captured Crimea. He gave interviews to Russian Orthodox figures, speaking approvingly of Mr. Malofeev.In April 2016, Mr. Bausman’s work was promoted by a Russian website, RIA FAN, that has been linked to Yevgeny Prigozhin, an oligarch indicted by the special counsel Robert S. Mueller. The website initially shared an address with the Internet Research Agency, the Russian government “troll factory” accused of using fake social media accounts and online propaganda to disrupt the 2016 U.S. presidential election.Russia analysts who have followed Mr. Bausman’s work say it has the hallmarks of a disinformation project. Olga Lautman, a senior fellow at the Center for European Policy Analysis who researches Russian propaganda campaigns, said his messaging merged seamlessly with that of Mr. Putin’s government.“The initial purpose of his outlet was to muddle the truth in American circles about Crimea,” she said. “And then you see his outlet and others repurposed to support the Kremlin narrative about Syria, and then the 2016 U.S. elections.“It appears,” she said, “to be a classic Russian influence operation.”Hard-Right TurnWith Donald J. Trump’s 2016 presidential victory, Mr. Bausman’s media outlet began to promote more extreme views. In a celebratory post after the election, he struck a militant chord that shocked old friends.“Trump’s election is perhaps akin to Luther nailing his theses to the door, but now the demons are wakened, and they know they must fight or be killed, and as in the 16th century, they will not go quietly,” he wrote. “And there will be blood. Let us hope that it is the figurative, digital kind, and not the real, red, hot, sticky stuff.”A turning point came in January 2018, when Mr. Bausman posted a lengthy polemic, “It’s Time to Drop the Jew Taboo,” that was both an antisemitic manifesto and a call to action for the alt-right.“The evidence suggests that much of human enterprise dominated and shaped by Jews is a bottomless pit of trouble with a peculiar penchant for mendacity and cynicism, hostility to Christianity and Christian values, and in geopolitics, a clear bloodlust,” he wrote.It was welcomed by white nationalist figures like Richard Spencer, who called it “a major event.”Outside the far right, Mr. Bausman’s embrace of antisemitism was widely condemned. The U.S. State Department flagged it in a report on human-rights concerns in Russia, and the diatribe prompted a disavowal from RT.After the death in August 2018 of his mother, who left an estate valued at about $2.6 million, Mr. Bausman bought two properties in Lancaster, Pa., where his family had roots.His older sister, Mary-Fred Bausman-Watkins, said last year that her brother “was always short on money” and that their parents frequently helped him out, according to the Southern Poverty Law Center, which has compiled several reports on his activities. Ms. Bausman-Watkins died in May.“They funded his whole life,” she told the center, “and then he inherited their money when they died, and they’re still funding his life.”The InsurrectionWhile living in Lancaster with his Russian wife and two young daughters, Mr. Bausman turned his attention to two new websites devoted largely to white nationalist content. Headlines included: “Out of Control Black Violence” and “Jewish Intellectuals Call on Gays to Perform Sex Acts in Front of Children.”Mr. Bausman concealed his ownership of one of these sites, National Justice, through a private registration, which The New York Times confirmed by reviewing data leaked last year from Epik, a web-hosting service favored by the far right. The site has the same name as a white nationalist organization and featured posts by one of its leaders, though it is not the group’s official site, according to its chairman, Michael Peinovich.In an interview, Mr. Peinovich said Mr. Bausman had hosted party members at his farmstead for an inaugural meeting in 2020 (a large event first reported by a local news outlet, LancasterOnline). But afterward, he said, his group “went our own way” because it did not agree with Mr. Bausman’s preoccupation with supporting Mr. Trump.Three days before Jan. 6, 2021, Mr. Bausman allowed Rod of Iron Ministries, a gun-themed religious sect led by a son of the Rev. Sun Myung Moon, to meet at his property, according to photos on social media. Members of the sect had been active in “Stop the Steal” rallies, some of which Mr. Bausman had also attended, and were at the Capitol on Jan. 6.On Facebook, Mr. Bausman posted an appeal for people to go to Washington “to support Trump.” At various points during the riot, Mr. Bausman can be seen inside the Capitol, often using his phone to record the chaos.Mr. Bausman, right, has said he entered the Capitol in the capacity of a journalist.via YouTubeAfterward, he returned to Lancaster and gave a lengthy interview for a video about the insurrection produced by Arkady Mamontov, a Russian television host known for splashy pro-Kremlin propaganda pieces. The video also included footage of Mr. Bausman outside his home that appears to have been filmed months earlier. Mr. Mamontov did not respond to a request for comment.In the video, Mr. Bausman suggested, without evidence, that federal agents had instigated the violence at the Capitol to “discredit Trump,” and he painted a dystopian, conspiratorial picture of American society. It is a theme that he has carried forward to more recent appearances on Mr. Malofeev’s television network, in which he has accused Western media of lying about Russia’s invasion of Ukraine.It is not clear when Mr. Bausman left the U.S., but he was in Moscow for a TV appearance on the day of President Biden’s inauguration, two weeks after the insurrection at the Capitol. In the white nationalist podcast interview he gave in April from Russia, he said he had not been back home since.When asked by the host if he was still a Trump fan, Mr. Bausman said he was not, before adding with a laugh that there was one thing that could restore his loyalty.“When he pardons me for Jan. 6,” he said.Anton Troianovski More

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    The Supreme Court Is the Final Word on Nothing

    The U.S. Constitution contains several idle provisions: words, phrases and clauses that have little to no bearing on our constitutional order as it currently exists.Let’s start here: Article 3 of the Constitution gives the Supreme Court “original jurisdiction” in all cases affecting “Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.” That part is obviously in effect, although most cases between states occur in the lower federal courts established by Congress. The Constitution then states that in all other cases, “the Supreme Court shall have appellate jurisdiction.” This, too, is in full effect.But then the Constitution tells us that the court’s appellate jurisdiction is subject to “such Exceptions” and “under such Regulations” as “the Congress shall make.”This is where it gets interesting. The court’s appellate jurisdiction accounts for virtually everything it touches. And the Constitution says that Congress can regulate the nature of that jurisdiction. Congress can strip the court of its ability to hear certain cases, or it can mandate new rules for how the court decides cases where it has appellate jurisdiction. And as I recently mentioned, it can even tell the court that it needs a supermajority of justices to declare a federal law or previous decision unconstitutional.There are real questions about the scope of congressional power to regulate the Supreme Court. If Congress has complete control over the court’s appellate jurisdiction, then there are no real limits as to what it could do to shape and structure the court, threatening the separation of powers. As James Madison said with regard to the Bank Bill of 1791, “An interpretation that destroys the very characteristic of the government cannot be just.”But this is nearly a moot point. The modern Congress has largely relinquished its power to regulate and structure the court. The final clause of Article 3, Section 2 is not quite a dead letter, but it is close.What is a dead letter (and which I’ve also written about before) is the Guarantee Clause of the Constitution, which states thatThe United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.The reason for the clause is straightforward. “The more intimate the nature of such a Union may be,” Madison wrote in Federalist No. 43, “the greater interest have the members in the political institutions of each other; and the greater right to insist that the forms of government under which the compact was entered into, should be substantially maintained.”But neither Congress nor the courts has ever said, with any precision, what it means for the United States to guarantee to every state a “republican form of government.” The most we have is Justice John Marshall Harlan’s famous dissent in Plessy v. Ferguson, in which he condemns “sinister legislation” passed to “interfere with the full enjoyment of the blessings of freedom, to regulate civil rights, common to all citizens, upon the basis of race, and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community.”This, he writes, “is inconsistent with the guarantee given by the Constitution to each State of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land.”A Congress that wanted to could, in theory, use the Guarantee Clause to defend the basic rights of citizens against overbearing and tyrannical state governments. It’s been done before. After the Civil War, Radical Republicans in Congress found their constitutional power to reconstruct the South chiefly in the Guarantee Clause, which they used to protect the rights of Black Americans from revanchist state governments.Since Reconstruction, however, no Congress has wanted to use the Guarantee Clause to protect the rights and liberties of Americans. It’s a vestigial part of our constitutional history, atrophied from disuse.The same goes for sections 2 and 3 of the 14th Amendment. Section 2 states that “representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.” It then specifies that if the right to vote for federal office is “denied” or “in any way abridged, except for participation in rebellion” to “any of the male inhabitants” of such a state, then “the basis of representation therein shall be reduced” in proportion to the denial in question.Section 3 also deals with representation. It states thatNo person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof.The purpose of section 2 was to invalidate the Three-Fifths clause of the Constitution and to prevent state governments from disenfranchising Black voters. And the purpose of section 3 was to prevent former Confederate leaders from holding state and federal office. But while the 14th Amendment gives Congress the power to enforce its provisions by “appropriate legislation,” Congress has never exercised its ability to deny representation to states that violate the right of citizens to vote, nor has it used its ability to disqualify those lawmakers who have engaged in acts of rebellion or insurrection. In the wake of Jan. 6, Representatives Cori Bush and Alexandria Ocasio-Cortez called on Congress to investigate and expel members who aided the attack, but their demands went nowhere.It’s here that you can see why I think it’s important to talk about these seemingly idle provisions. As recent events have made clear, powerful reactionaries are waging a successful war against American democracy using the counter-majoritarian institutions of the American political system, cloaking their views in a distorted version of our Constitution, where self-government means minority rule and the bugaboos of right-wing culture warriors are somehow “deeply rooted” in our “history and traditions.”But the Republic is not defenseless. The Constitution gives our elected officials the power to restrain a lawless Supreme Court, protect citizens from the “sinister legislation” of the states, punish those states for depriving their residents of the right to vote and expel insurrectionists from Congress.They are drastic measures that would break the norms of American politics. They might even spark a constitutional crisis over the power and authority of Congress.But let’s not be naïve. The norms of American politics were shattered when Donald Trump organized a conspiracy to subvert the presidential election. They were shattered again when he sent an armed mob of supporters to attack the Capitol and stop Congress from certifying the votes of the Electoral College. And they were shattered one more time in the early hours of the next day, when, even after all that, hundreds of his congressional allies voted to overturn the election.As for the constitutional crisis, it is arguably already here. Both the insurrection and the partisan lawmaking of the Supreme Court have thrown those counter-majoritarian features of the American system into sharp relief. They’ve raised hard questions about the strength and legitimacy of institutions that allow minority rule — and allow it to endure. It is a crisis when the fundamental rights of hundreds of millions of Americans are functionally overturned by an unelected tribunal whose pivotal members owe their seats to a president who won office through the mechanism of the Electoral College, having lost the majority of voters in both of his election campaigns.The ground has shifted. The game has changed. The only question left is whether our leaders have the strength, fortitude and audacity to forge a new path for American democracy — and if they don’t, whether it is finally time for us to find ones who do.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