Storming of the US Capitol (Jan, 2021)

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      New Focus on How a Trump Tweet Incited Far-Right Groups Ahead of Jan. 6

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      Federal prosecutors and congressional investigators are documenting how the former president’s “Be there, will be wild!” post became a catalyst for militants before the Capitol assault.Federal prosecutors and congressional investigators have gathered growing evidence of how a tweet by President Donald J. Trump less than three weeks before Jan. 6, 2021, served as a crucial call to action for extremist groups that played a central role in storming the Capitol.Mr. Trump’s Twitter post in the early hours of Dec. 19, 2020, was the first time he publicly urged supporters to come to Washington on the day Congress was scheduled to certify the Electoral College results showing Joseph R. Biden Jr. as the winner of the presidential vote. His message — which concluded with, “Be there, will be wild!” — has long been seen as instrumental in drawing the crowds that attended a pro-Trump rally on the Ellipse on Jan. 6 and then marched to the Capitol.But the Justice Department’s criminal investigation of the riot and the parallel inquiry by the House select committee have increasingly shown how Mr. Trump’s post was a powerful catalyst, particularly for far-right militants who believed he was facing his final chance to reverse defeat and whose role in fomenting the violence has come under intense scrutiny.Extremist groups almost immediately celebrated Mr. Trump’s Twitter message, which they widely interpreted as an invitation to descend on the city in force. Responding to the president’s words, the groups sprang into action, court filings and interviews by the House committee show: Extremists began to set up encrypted communications channels, acquire protective gear and, in one case, prepare heavily armed “quick reaction forces” to be staged outside Washington.They also began to whip up their members with a drumbeat of bellicose language, with their private messaging channels increasingly characterized by what one called an “apocalyptic tone.” Directly after Mr. Trump’s tweet was posted, the Capitol Police began to see a spike in right-wing threats against members of Congress.Prosecutors have included examples in at least five criminal cases of extremists reacting within days — often hours — to Mr. Trump’s post.The mob attacking the Capitol on Jan. 6.Jason Andrew for The New York TimesOne of those who responded to the post was Guy Wesley Reffitt, an oil-field worker from Texas who this month became the first Jan. 6 defendant to be convicted at trial. Within a day of Mr. Trump’s Twitter post, Mr. Reffitt was talking about it on a private group chat with other members of the far-right militia organization the Texas Three Percenters.“Our President will need us. ALL OF US…!!! On January 6th,” Mr. Reffitt wrote. “We the People owe him that debt. He Sacrificed for us and we must pay that debt.”The next day, prosecutors say, Mr. Reffitt began to make arrangements to travel to Washington and arrive in time for “Armageddon all day” on Jan. 6, he wrote in the Three Percenters group chat. He told his compatriots that he planned to drive because flying was impossible with “all the battle rattle” he planned to bring — a reference to his weapons and body armor, prosecutors say.Some in the group appeared to share his anger. On Dec. 22, one member wrote in the chat, “The only way you will be able to do anything in DC is if you get the crowd to drag the traitors out.”Mr. Reffitt responded: “I don’t think anyone going to DC has any other agenda.”The House committee has also sharpened its focus on how the tweet set off a chain reaction that galvanized Mr. Trump’s supporters to begin military-style planning for Jan. 6. As part of the congressional inquiry, investigators are trying to establish whether there was any coordination beyond the post that ties Mr. Trump’s inner circle to the militants and whether the groups plotted together.“That tweet could be viewed as a call to action,” said Representative Pete Aguilar, Democrat of California and a member of the committee. “It’s definitely something we’re asking questions about through our discussions with witnesses. We want to know whether the president’s tweets inflamed and mobilized individuals to take action.”On the day of the post, participants in TheDonald.win, a pro-Trump chat board, began sharing tactics and techniques for attacking the Capitol, the committee noted in a report released on Sunday recommending contempt of Congress charges for Dan Scavino Jr., Mr. Trump’s former deputy chief of staff. In one thread on the chat board related to the tweet, the report pointed out, an anonymous poster wrote that Mr. Trump “can’t exactly openly tell you to revolt. This is the closest he’ll ever get.’’Lawyers for the militants have repeatedly said that the groups were simply acting defensively in preparing for Jan. 6. They had genuine concerns, the lawyers said, that leftist counterprotesters might confront them, as they had at earlier pro-Trump rallies.Mr. Trump’s post came as his efforts to hang onto power were shifting from the courts, where he had little success, to the streets and to challenging the certification process that would play out on Jan. 6.A week before his message, thousands of his supporters had arrived in Washington for the second time in two months for a large-scale rally protesting the election results. The event on Dec. 12, 2020, which Mr. Trump flew over in Marine One, showed his ability to draw huge crowds of ordinary people in support of his baseless assertions that the election had been stolen.But it also brought together at the same time and place extremist and paramilitary groups like the Proud Boys, the Oath Keepers and the 1st Amendment Praetorian, who would be present on Jan. 6.On Dec. 14, the Electoral College met and officially declared Mr. Biden the winner of the election.An event in Washington on Dec. 12, 2020 showed the former president’s ability to draw huge crowds in support of his lies that the election had been stolen.Stefani Reynolds for The New York TimesBut behind closed doors, outside advisers to Mr. Trump were scrambling to pitch him on plans to seize control of voting machines across the country. The debate over doing so came to a head in a contentious Oval Office meeting that lasted well into the evening on Dec. 18, 2020, and ended with the idea being put aside.Hours later, the president pushed send on his tweet.“Big protest in D.C. on January 6th,” he wrote at 1:42 a.m. on Dec. 19. “Be there, will be wild!”Almost at once, shock waves rippled through the right.At 2:26 a.m., the prominent white nationalist Nicholas J. Fuentes wrote on Twitter that he planned to join Mr. Trump in Washington on Jan. 6. By that afternoon, the post had been mentioned or amplified by other right-wing figures like Ali Alexander, a high-profile “Stop the Steal” organizer.But Mr. Trump’s message arguably landed with the greatest impact among members of the same extremist groups that had been in Washington on Dec. 12.On Dec. 15, Stewart Rhodes, the leader and founder of the Oath Keepers, posted an open letter to Mr. Trump urging him to invoke the Insurrection Act. The next day, the national council of the Three Percenters Original group issued a statement, saying their members were “standing by to answer the call from our president.”Once the call came, early on Dec. 19, the extremists were ecstatic.Stewart Rhodes, the leader and founder of the Oath Keepers, declared a few days after Mr. Trump’s tweet that there would be “a massively bloody revolution” if Joseph R. Biden Jr. ever took office.Susan Walsh/Associated Press“Trump said It’s gonna be wild!!!!!!! It’s gonna be wild!!!!!!!,” Kelly Meggs, a Florida leader of the Oath Keepers, wrote on Facebook on Dec. 22. “He wants us to make it WILD that’s what he’s saying. He called us all to the Capitol and wants us to make it wild!!! Sir Yes Sir!!! Gentlemen we are heading to DC.”That same day, Mr. Rhodes did an interview with one of his lieutenants and declared that there would be “a massively bloody revolution” if Mr. Biden took office.On Dec. 23, Mr. Rhodes posted another letter saying that “tens of thousands of patriot Americans” would be in Washington on Jan. 6, and that many would have their “mission-critical gear” stowed outside the city.The letter said members of the group — largely composed of former military and law enforcement personnel — might have to “take arms in defense of our God-given liberty.”Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 4Trump’s tweet. More

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      Jan. 6 Panel Is Likely to Seek Interview With Ginni Thomas

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      The committee is preparing to reach out to the wife of Justice Clarence Thomas after the disclosure of her text messages supporting efforts to overturn the election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol is likely to reach out soon to Virginia Thomas, the wife of Justice Clarence Thomas, to request that she sit for an interview, according to two people familiar with the matter.The decision to ask Ms. Thomas for an interview — after intense internal debate about the matter — came after the revelation last week of Ms. Thomas’s text messages to Mark Meadows, the former White House chief of staff, in which she relentlessly urged him to pursue a plan to overturn the 2020 presidential election.Investigators have also discussed whether to issue subpoenas for any other communications she may have had with the White House or the President Donald J. Trump’s legal team about the election, including a message that she told Mr. Meadows she had sent to Jared Kushner, a former adviser to Mr. Trump, according to people with knowledge of the investigation.After a closed-door meeting of the committee on Monday evening, Representative Bennie Thompson, Democrat of Mississippi and the chairman of the panel, emerged to tell reporters that “no decision” had been made about whether to issue a subpoena to Ms. Thomas.Although the committee has been in possession of Ms. Thomas’s text messages for months, not everyone on the panel had seen the documents before they were published in news reports. That prompted debate among the committee’s members, several of whom urged the panel to try to interview her.A person familiar with the discussions said the panel concluded that Ms. Thomas had relevant information, and that it was important for investigators to hear from her. CNN earlier reported the committee’s decision.An adviser to Ms. Thomas did not immediately respond to a request for comment.For at least several weeks, the committee’s senior investigators have discussed whether to call Ms. Thomas, who is known as Ginni, to testify. They also debated sending a subpoena to Ms. Thomas for her communications, with some top investigators initially arguing against it because they viewed her as a minor player in the attempts to subvert the election. But the disclosure of the text messages, first by The Washington Post and CBS News, and public pressure renewed those discussions.A New York Times Magazine investigation last month examined the political and personal history of Ms. Thomas and her husband. That included her role in efforts to overturn the election from her perch on the nine-member board of C.N.P. Action, a conservative group that helped advance the “Stop the Steal” movement, and in mediating between feuding factions of organizers “so that there wouldn’t be any division around Jan. 6,” as one organizer put it.Ms. Thomas acknowledged that she had attended the rally that preceded the violence in an interview with a conservative news outlet this month, but she has otherwise downplayed her role. Then came disclosure of the texts to Mr. Meadows.In the messages, she called the 2020 election a “heist” and even suggested the lawyer who should be put in charge of that effort.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Judge says Trump likely committed crimes. More

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      Federal Judge Finds Trump Most Likely Committed Crimes Over 2020 Election

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      “The illegality of the plan was obvious,” the judge wrote in a civil case. Separately, the Jan. 6 panel voted to recommend contempt of Congress charges for two former Trump aides.WASHINGTON — A federal judge ruled on Monday that former President Donald J. Trump and a lawyer who had advised him on how to overturn the 2020 election most likely had committed felonies, including obstructing the work of Congress and conspiring to defraud the United States.The judge’s comments in the civil case of the lawyer, John Eastman, marked a significant breakthrough for the House committee investigating the Jan. 6 attack on the Capitol. The committee, which is weighing making a criminal referral to the Justice Department, had used a filing in the case to lay out the crimes it believed Mr. Trump might have committed.Mr. Trump has not been charged with any crime, and the judge’s ruling had no immediate, practical legal effect on him. But it essentially ratified the committee’s argument that Mr. Trump’s efforts to block Congress from certifying Joseph R. Biden Jr.’s Electoral College victory could well rise to the level of a criminal conspiracy.“The illegality of the plan was obvious,” wrote Judge David O. Carter of the Central District of California. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the vice president to single-handedly determine the results of the 2020 election.”The actions taken by Mr. Trump and Mr. Eastman, Judge Carter found, amounted to “a coup in search of a legal theory.”The Justice Department has been conducting a wide-ranging investigation of the Capitol assault but has given no public indication that it is considering a criminal case against Mr. Trump. A criminal referral from the House committee could increase pressure on Attorney General Merrick B. Garland to do so.The judge’s ruling came as the committee was barreling ahead with its investigation. This week alone, people familiar with the investigation said, the panel has lined up testimony from four top Trump White House officials, including Jared Kushner, the former president’s son-in-law and adviser, whose interview was scheduled for Thursday.The committee also voted 9-0 on Monday night to recommend criminal contempt of Congress charges against two other allies of Mr. Trump — Peter Navarro, a former White House adviser, and Dan Scavino Jr., a former deputy chief of staff — for their participation in efforts to overturn the 2020 election and their subsequent refusal to comply with the panel’s subpoenas. The matter now moves to the Rules Committee, then the full House. If it passes there, the Justice Department will decide whether to charge the men. A contempt of Congress charge carries a penalty of up to a year in jail.But Judge Carter’s decision was perhaps the investigation’s biggest development to date, suggesting its investigators have built a case strong enough to convince a federal judge of Mr. Trump’s culpability and laying out a road map for a potential criminal referral.Judge Carter’s decision came in an order for Mr. Eastman, a conservative lawyer who had written a memo that members of both parties have likened to a blueprint for a coup, to turn over more than 100 emails to the committee.A lawyer for Mr. Eastman said in a statement on Monday that he “respectfully disagrees” with Judge Carter’s findings but would comply with the order to turn over documents.In a statement hailing the judge’s decision, the chairman of the House committee, Representative Bennie Thompson, Democrat of Mississippi, and its vice chair, Representative Liz Cheney, Republican of Wyoming, said the nation must not allow what happened on Jan. 6, 2021, “to be minimized and cannot accept as normal these threats to our democracy.” Mr. Trump made no public statement about the ruling.Many of the documents the committee will now receive relate to a legal strategy proposed by Mr. Eastman to pressure Vice President Mike Pence not to certify electors from several key swing states when Congress convened on Jan. 6, 2021. “The true animating force behind these emails was advancing a political strategy: to persuade Vice President Pence to take unilateral action on Jan. 6,” Judge Carter wrote.One of the documents, according to the ruling, is an email containing the draft of a memo written for another one of Mr. Trump’s lawyers, Rudolph W. Giuliani, recommending that Mr. Pence “reject electors from contested states.”“This may have been the first time members of President Trump’s team transformed a legal interpretation of the Electoral Count Act into a day-by-day plan of action,” Judge Carter wrote.Mr. Eastman had filed suit against the panel, trying to persuade a judge to block the committee’s subpoena for documents in his possession. As part of the suit, Mr. Eastman sought to shield from release documents he said were covered by attorney-client privilege.In response, the committee argued — under the legal theory known as the crime-fraud exception — that the privilege did not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.The panel said its investigators had accumulated evidence demonstrating that Mr. Trump, Mr. Eastman and other allies could be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Judge Carter, who was nominated by President Bill Clinton, agreed, writing that he believed it was “likely” that the men not only had conspired to defraud the United States but “dishonestly conspired to obstruct the joint session of Congress on Jan. 6, 2021.”“Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history,” he wrote.In deciding that Mr. Trump and Mr. Eastman had “more likely than not” broken the law — the legal standard for determining whether Mr. Eastman could claim attorney-client privilege — Judge Carter noted that the former president had facilitated two meetings in the days before Jan. 6 that were “explicitly tied to persuading Vice President Pence to disrupt the joint session of Congress.”Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Judge says Trump likely committed crimes. 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      Texts Show Ginni Thomas’s Embrace of Conspiracy Theories

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      In the aftermath of the 2020 presidential election, the wife of Justice Clarence Thomas was involved in a range of efforts to keep President Donald J. Trump in power.Two days after the 2020 election, Virginia Thomas, the wife of Justice Clarence Thomas, texted an old friend, Mark Meadows, the chief of staff to President Donald J. Trump.She sent messages that had been making the rounds on pro-Trump sites, where anger over the election echoed her own raw feelings, including this passage: “Biden crime family & ballot fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc) are being arrested & detained for ballot fraud right now & over coming days, & will be living in barges off GITMO to face military tribunals for sedition.”Then she added of this fanciful, if chilling, set of conspiracy theories: “I hope this is true.”She texted Mr. Meadows again the next day. “Do not concede,” she wrote. “It takes time for the army who is gathering for his back.”The messages were among a flurry of text traffic between Ms. Thomas and Mr. Meadows that was revealed this past week, part of a trove of documents previously turned over to the House committee investigating the Jan. 6 attack on the Capitol. (Ms. Thomas has openly opposed the committee and called for Republicans who serve on it to be expelled from the House Republican conference.)A hard-line conservative activist, Ms. Thomas had long been viewed with suspicion by the Republican establishment. Yet her influence had risen during the Trump administration, especially after Mr. Meadows, who like Ms. Thomas has roots in the Tea Party movement, became chief of staff. Now, an examination of her texts, woven together with recent revelations of the depth of her efforts to overturn the election, shows how firmly she was embedded in the conspiratorial fringe of right-wing politics, even as that fringe was drawing ever closer to the center of Republican power.The disclosures add urgency to questions about how Ms. Thomas may have leveraged her marriage to Justice Thomas, who would be ruling on elections cases throughout the battle over the 2020 vote and beyond. As his wife agitated for Mr. Trump and his aides to turn aside the election results, Justice Thomas was Mr. Trump’s staunchest ally on the Supreme Court and has remained so. This year, in January, he was the only justice who noted a dissent when the court allowed the release of records from the Trump White House related to the Jan. 6 attack.Calls intensified this past week for Justice Thomas to step aside from such cases. Senator Ron Wyden, Democrat of Oregon, said on Friday that Justice Thomas “needs to recuse himself from any case related to the Jan. 6 investigation, and should Donald Trump run again, any case related to the 2024 election.”The Thomases have been a fiercely close couple for decades. In his memoir, Justice Thomas wrote that they were “one being — an amalgam” and called her his “best friend.” She often uses similar language to describe her husband.In one of his texts to Ms. Thomas, Mr. Meadows called the election a “fight of good versus evil” and added: “Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues.”“Thank you!! Needed that!” Ms. Thomas replied. “This plus a conversation with my best friend just now… I will try to keep holding on. America is worth it!”Ms. Thomas’s texts to Mr. Meadows tap into a deep well of debunked conspiracy theories. References to the rounding up of elected officials, reporters and bureaucrats for military tribunals at Guantánamo Bay are drawn from QAnon, which imagines Satan-worshipping leaders running the country and trafficking children.Yet in the days after the election, Ms. Thomas had far more standing to take action than most who embraced such canards. As Mr. Trump courted Justice Thomas during his years in office — curious about his popularity among the Republican base and also about rumors that he might retire, aides said — the justice’s wife won increasing access to the White House.Though some Trump aides came to view her with such suspicion that they assembled opposition research meant to damage her standing with Mr. Trump — among other things, she pressed the president to hire people who could not pass background checks, the aides said — her clout grew with time.The arc of her political career had also led her to a powerful new platform. Ms. Thomas had started out working for establishment right-leaning organizations like the Heritage Foundation and the U.S. Chamber of Commerce. But her desire for more radical change had led her to the Tea Party, and increasingly to the party’s fringes. Mr. Meadows, who was appointed chief of staff in March 2020, held similar views and has attended meetings of Groundswell, a group that Ms. Thomas founded in 2013 after consulting with Stephen K. Bannon, who would later become Mr. Trump’s chief strategist.With their brand of conservatism ascendant, Ms. Thomas had been appointed in 2019 to the nine-member board of CNP Action, an offshoot of a secretive but influential conservative group called the Council for National Policy, whose membership includes leaders of the National Rifle Association, the Family Research Council and the Federalist Society.The New York Times Magazine, in a profile of the Thomases published last month, detailed CNP Action’s assertive role in efforts to overturn the presidential election. That included circulating a document to its members in November 2020 urging them to pressure Republican lawmakers in swing states to challenge the results and appoint alternate slates of electors: “Demand that they not abandon their Constitutional responsibilities during a time such as this,” the document said.Text messages between Ms. Thomas and Mark Meadows were part of a trove of documents turned over by Mr. Meadows to the House committee investigating the Jan. 6 attack.Al Drago for The New York TimesIn one of her texts, the contents of which were earlier reported by The Washington Post and CBS News, Ms. Thomas sent Mr. Meadows a link to a video featuring Steve Pieczenik, a former State Department official who was claiming that mail-in ballots had been watermarked as part of an elaborate government sting operation to catch voter fraud. Mr. Pieczenik previously appeared on a webcast with the conspiracy theorist Alex Jones and claimed that the 2012 school massacre in Newtown, Conn., was a false-flag operation, a notion that has been thoroughly debunked.On Nov. 19, Ms. Thomas promoted the efforts of Sidney Powell, the Trump lawyer who spent much of the postelection period spreading conspiracy theories. “Sidney and her team are getting inundated with evidence of fraud,” Ms. Thomas wrote to Mr. Meadows. “Make a plan. Release the Kraken and save us from the left taking America down.”That same day, Ms. Powell held a news conference with Rudolph W. Giuliani, one of Mr. Trump’s lawyers, at the Republican National Committee headquarters in Washington. There, she laid out baseless allegations that a cabal that included Chinese software firms, international shell companies and the financier George Soros had conspired to hack America’s voting machines.At that time, Ms. Powell was in the early stages of preparing four federal lawsuits that would present this purported plot as a reason for judges to overturn the election results. She nicknamed her suits the “Krakens,” referring to a giant octopus-like sea creature.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Virginia Thomas’ text messages. More

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      Real Justice: Justice Jackson

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      WASHINGTON — A snarling pack of white male Republicans ripping apart a poised, brainy Black woman at a Senate Judiciary Committee hearing, using sordid innuendos and baseless claims about race and porn to smear her, as her pained family sits behind her.It has been 31 years since I watched this scene, disgusted, when Anita Hill was questioned during confirmation hearings for Justice Clarence Thomas. Now Ketanji Brown Jackson has been cast into the same medieval torture chamber on Capitol Hill, with Democrats once more struggling to shield their witness from being mauled.This time, the male Torquemadas were joined by a female inquisitor, Marsha Blackburn. The Tennessee Republican is all magnolia Southern charm — until she spits venom.“Can you provide a definition for the word woman?” Blackburn asked Judge Jackson, invoking the controversy over a transgender swimmer from the University of Pennsylvania. Blackburn’s question inspired Tucker Carlson to later hold up a graphic of a woman’s reproductive system, along with a silhouette of a woman so shapely that Roger Ailes would have approved.What is a woman? Jackson shows that a woman is someone who stays cool in the face of calumny and is headed for the Supreme Court. And that will be justice for Justice Jackson.A better question might be: What is a senator?Is it a dolt who cares more about boosting unrealistic presidential ambitions with distorted information than making the Senate, for once, look like a dignified body?Feral Republicans took an exemplary record and twisted it to make Jackson look like an enabler of pedophiles. Tom Cotton all but accused her of lying, just as Arlen Specter accused Hill of perjury — based on nothing.Less than a year ago, Lindsey Graham voted to confirm Jackson for the D.C. Court of Appeals, calling her “qualified.” Now he berates her with odd questions and seems to blame her for Brett Kavanaugh’s grilling. If only John McCain could appear to him like Hamlet’s father’s ghost and slap him into shape.Perhaps Joe Biden sees his selection of Judge Jackson as a sort of expiation for his dismal performance as committee chairman for the Hill-Thomas hearings. Biden allowed the Republicans to run wild, and then he shut down the hearings before Hill’s backup witnesses testified. He cleared the path for Clarence Thomas, a liar and sexual harasser, to ascend to a lifetime appointment on the Supreme Court and impose his far-right views on the country.As Jill Abramson wrote in the Times Opinion section, the court’s 6-3 majority now “seems to be reshaping itself in Justice Thomas’s image.”In a speech at Notre Dame last year, Thomas lamented, “We have lost the capacity, even I think as leaders, to not allow others to manipulate our institutions when we don’t get the outcomes we like.”And yet manipulating institutions is exactly what his wife, Ginni, tried to do. As Bob Woodward and Robert Costa reported in a Washington Post-CBS News bombshell, the conservative activist worked frantically to overturn the results of the 2020 election, calling it an “obvious fraud,” as Donald Trump and his allies were vowing to go to her husband’s court to nullify Biden’s win.Ginni Thomas has had a chip on her shoulder since the Hill-Thomas hearings — she shamelessly left Hill a voice message in 2010 asking for an apology — and no doubt she thought if she could help claw back the presidency from Biden, that would be sweet revenge.In a cascade of text messages, she urged Trump’s chief of staff, Mark Meadows, to get Trump back into the Oval. “Help This Great President stand firm, Mark!!!” she pleaded, adding, “The majority knows Biden and the Left is attempting the greatest Heist of our History.” Ginni — who attended the Jan. 6 rally before the raid on the Capitol started — urged Meadows to “Release the Kraken.”The Republicans badgering Judge Jackson aren’t asking a single question about the explosive revelations regarding Ginni Thomas — and nor are the rest of their party. Did the justice know what his wife was doing? Was he OK with it? Does he accept that he must recuse himself from cases dealing with Jan. 6 and the election?Apparently not. “Justice Thomas has already participated in two cases related to the 2020 election and its aftermath, despite his wife’s direct involvement in the so-called Stop the Steal efforts,” Jane Mayer reported in The New Yorker.When the court rejected Trump’s request to prevent the Jan. 6 committee from getting his records relating to the attempt to overturn the election results, Thomas was the sole dissenter. Do the records implicate Ginni?Stephen Gillers, a judicial ethicist, told Mayer that it was Clarence Thomas’s duty to know about Ginni’s crusade: “‘Don’t ask, don’t tell’ is not an acceptable strategy for the Thomases’ marriage.”Thomas should never have been on the court. Now that we know his wife was plotting the overthrow of the government, he should get off or be thrown off. You can’t administer justice when your spouse is running around strategizing for a coup.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Ginni Thomas Texts Expose Rift in House Jan. 6 Panel

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      There is debate within the committee investigating the assault on the Capitol over whether to seek testimony from the wife of Justice Clarence Thomas about her efforts to overturn the 2020 election.WASHINGTON — Buried in the thousands of documents that Mark Meadows, former President Donald J. Trump’s final White House chief of staff, turned over late last year to the House committee examining the Jan. 6 attack were text messages that presented the panel with a political land mine: what to do about Virginia Thomas, the wife of Justice Clarence Thomas.The messages showed that Ms. Thomas relentlessly urged Mr. Meadows to overturn the 2020 presidential election, which she called a “heist,” and indicated that she reached out to Jared Kushner, the president’s son-in-law, about Mr. Trump’s legal efforts to keep power. She even suggested the lawyer who should be put in charge of that effort.The public disclosure of the messages on Thursday focused new attention on one avenue of the investigation and risked creating a rare rift within the committee about how aggressively to pursue it, including whether to seek testimony from Ms. Thomas, who goes by Ginni.In the Thomases, the committee is up against a couple that has deep networks of support across the conservative movement and Washington, including inside the committee. The panel’s Republican vice chairwoman, Representative Liz Cheney of Wyoming, has led the charge in holding Mr. Trump to account for his efforts to overturn the election, but has wanted to avoid any aggressive effort that, in her view, could unfairly target Justice Thomas, the senior member of the Supreme Court.So although a debate has broken out inside the committee about summoning Ms. Thomas to testify, the panel at this point has no plans to do so, leaving some Democrats frustrated. That could change, however: On Friday, despite the potential for political backlash, Ms. Cheney indicated she has no objection to the panel asking Ms. Thomas for a voluntary interview.A New York Times Magazine investigation last month examined the political and personal history of Ms. Thomas and her husband. That included her role in efforts to overturn the election from her perch on the nine-member board of CNP Action, a conservative group that helped advance the “Stop the Steal” movement, and in mediating between feuding factions of organizers “so that there wouldn’t be any division around Jan. 6,” as one organizer put it.During that period, the Supreme Court was considering a number of cases related to the election, with Justice Thomas taking positions at times sympathetic to Mr. Trump’s efforts to challenge the outcome.This month, Ms. Thomas acknowledged attending the rally that preceded the violence in an interview with a conservative news outlet, but otherwise downplayed her role. Then came disclosure of the texts to Mr. Meadows, the contents of which were earlier reported by The Washington Post and CBS News.If the committee does not summon Ms. Thomas, some legal analysts said, it runs the risk of appearing to have a double standard. The panel has taken an aggressive posture toward many other potential witnesses, issuing subpoenas for bank and phone records of both high-ranking allies of the former president and low-level aides with only a tangential connection to the events of Jan. 6.“I think it would be a dereliction not to bring her in and talk to her,” said Kimberly Wehle, a University of Baltimore law professor who has closely tracked the committee’s work. “It certainly is inconsistent with their neutral, ‘find the facts where they go’ type of approach to this.”The committee’s light touch with Ms. Thomas to date reflects a number of considerations by both members and investigators, according to people familiar with the inquiry. Some saw the pursuit of Ms. Thomas as a distraction from more important targets. Others worried that pursuing Ms. Thomas could by implication sully the reputation of Justice Thomas, an icon among the Republican base. Still others argued that the panel could not know the full extent of her role without further questioning. And some members of the committee saw the text messages for the first time on Thursday.Text messages show that Ms. Thomas relentlessly urged the president’s chief of staff to overturn the 2020 presidential election.Susan Walsh/Associated PressThe lack of consensus also underscores the extent to which Justice Thomas’s shadow, including his network of supporters and former clerks, looms over various aspects of the investigation. Three of Justice Thomas’s former clerks — a federal judge, a top committee investigator and a key adviser to Mr. Trump — have major roles in the matter.A main strategist in the effort to try to overturn the election, the lawyer John Eastman, was a former clerk of Justice Thomas’s. John Wood, one of the Jan. 6 committee’s top investigators and another former Thomas clerk, is leading the so-called gold team examining Mr. Trump’s inner circle. And a federal judge, Carl J. Nichols, who is hearing cases related to the Capitol riot, is also a former clerk of Justice Thomas’s.This dynamic was on display during a deposition in December of Mr. Eastman, who was subpoenaed by the committee to talk about his role in helping Mr. Trump try to overturn the election. Mr. Wood began the questioning by noting that Mr. Eastman had once served as a clerk to Justice Thomas.“Like you, John,” Mr. Eastman shot back.For at least several weeks, the committee’s senior level has discussed whether to call Ms. Thomas to testify, as well as whether to issue subpoenas for any other communications she may have had with the White House or the president’s legal team about the election, including a message she told Mr. Meadows she sent to Mr. Kushner, according to people with knowledge of the investigation.There are plenty of leads to pursue. The committee could recall Dustin Stockton, a rally organizer who told The Times about a conversation he had with Caroline Wren, a Republican who helped raise money for the Jan. 6 “March for America,” in which she described Ms. Thomas’s peacemaking role. They could also recall Amy Kremer and Jenny Beth Martin, two rally organizers close to Ms. Thomas, to ask about her postelection communications with them.It could subpoena records from not only Ms. Thomas, but also CNP Action, which was deeply involved in the effort to spread falsehoods about the election. Investigators could ask her the name of the friend she was referring to when she wrote back to thank Mr. Meadows, saying: “Needed that! This plus a conversation with my best friend just now…I will try to keep holding on.” (Ms. Thomas and her husband have publicly referred to each other as their best friends.) Ultimately, they could ask her whether she had discussed Mr. Trump’s fight to overturn the election with her husband.Ms. Thomas said she attended a rally on Jan. 6 before the pro-Trump mob attacked the Capitol.Pete Marovich for The New York TimesJustice Thomas has declined to comment on the matter, through a representative. A lawyer for Ms. Thomas did not immediately respond to a request for comment.Privately, some Republicans conceded that Ms. Thomas’s texts to Mr. Meadows were a mistake — particularly ones in which she urged Mr. Meadows to make Sidney Powell, a lawyer who had advocated conspiracy theories about voting machines being hacked, the face of the legal team. Yet the Republicans, who spoke on the condition of anonymity because they worried about being seen as critical of Ms. Thomas, predicted that if Democrats increased pressure on the Thomases, the right would counter with more calls for investigations of Democrats if Republicans win back the House in the November elections.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Virginia Thomas’ text messages. More

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      Ginni and Clarence Thomas Are Making a Mockery of the Supreme Court

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      What did Justice Clarence Thomas know, and when did he know it?The question usually gets directed at politicians, not judges, but it’s a fair one in light of the revelation on Thursday that Justice Thomas’s wife, Ginni, was working feverishly behind the scenes — and to a far greater degree than she previously admitted — in a high-level effort to overturn the 2020 presidential election.As The Washington Post and CBS News first reported, Ms. Thomas, a supremely well-connected right-wing agitator, was in constant communication with the White House in the weeks following the election, strategizing over how to keep Donald Trump in office despite his incontrovertible loss. “Do not concede,” she texted to Mark Meadows, Mr. Trump’s chief of staff, on Nov. 6, the day before the major news networks called the election for Joe Biden. “It takes time for the army who is gathering for his back.” (To date, Mr. Trump has not conceded.)In dozens of messages with Mr. Meadows over several weeks, Ms. Thomas raged over baseless allegations of voter fraud and shared unhinged conspiracy theories, including one that the “Biden crime family” was in the process of being arrested and sent to Guantánamo Bay for “ballot fraud.”“Help This Great President stand firm, Mark!!!” Ms. Thomas wrote at one point. “The majority knows Biden and the Left is attempting the greatest Heist of our History.”Ms. Thomas had already acknowledged some involvement in the fight over the 2020 election count, recently confirming that she attended the Jan. 6 Stop the Steal rally in Washington, but she said she went home before Mr. Trump spoke to the crowd and before a mob of hundreds stormed the Capitol in a violent attempt to block the certification of Mr. Biden’s Electoral College victory. The texts reveal that her efforts to subvert the election were far more serious than we knew.Now recall that in January, the Supreme Court rejected Mr. Trump’s request to block the release of White House records relating to the Jan. 6 Capitol attack. Mr. Meadows had submitted a brief in the case supporting Mr. Trump. The court’s ruling came as an unsigned order, with only one noted dissent: from Justice Thomas.Perhaps Justice Thomas was not aware of his wife’s text-message campaign to Mr. Meadows at the time. But it sure makes you wonder, doesn’t it?And that’s precisely the problem: We shouldn’t have to wonder. The Supreme Court is the most powerful judicial body in the country, and yet, as Alexander Hamilton reminded us, it has neither the sword nor the purse as a means to enforce its rulings. It depends instead on the American people’s acceptance of its legitimacy, which is why the justices must make every possible effort to appear fair, unbiased and beyond reproach.That may seem naïve, particularly in the face of the crippling assaults on the court that Mitch McConnell and his Senate Republicans have carried out over the past six years in order to secure a right-wing supermajority that often resembles a judicial policy arm of the Republican Party — starting with their theft of a vacancy that was President Barack Obama’s to fill and continuing through the last-second confirmation of Amy Coney Barrett while millions of voters were already in the process of casting Mr. Trump out of office.And yet the public’s demand for basic fairness and judicial neutrality is not only proper but critical to the court’s integrity, as the justices, whoever nominated them, are well aware. Partly in response to the court’s tanking public-approval ratings, several of them have grown increasingly outspoken in defense of their independence. (Though not all of them.)The most obvious way for justices to demonstrate that independence in practice, of course, is to recuse themselves from any case in which their impartiality might reasonably be questioned. It does not matter whether there is, in fact, a conflict of interest; the mere appearance of bias or conflict should be enough to compel Justice Thomas or any other member of the court to step aside.Many of them have over the years, out of respect for the court as an institution and for the public’s faith in their probity. Just this week, Judge Ketanji Brown Jackson vowed that if confirmed she would recuse herself from an upcoming case challenging Harvard’s affirmative-action policies, because of her multiple personal and professional connections to the university. Legal-ethics experts are not even in agreement that her recusal would be necessary, but Judge Jackson is right to err on the side of caution.Justice Thomas has paid lip service to this ideal. “I think the media makes it sound as though you are just always going right to your personal preference,” he said in a speech last year. “That’s a problem. You’re going to jeopardize any faith in the legal institutions.”Bench memo to the justice: You know what jeopardizes public faith in legal institutions? Refusing to recuse yourself from numerous high-profile cases in which your wife has been personally and sometimes financially entangled, as The New Yorker reported in January. Especially when you have emphasized that you and she are melded “into one being.” Or when you have, as The Times Magazine reported last month, appeared together with her for years “at highly political events hosted by advocates hoping to sway the court.”Ms. Thomas’s efforts, and her husband’s refusal to respond appropriately, have been haunting the court for years, but this latest conflagration shouldn’t be a close call. “The texts are the narrowest way of looking at this,” Stephen Gillers, a New York University law professor and one of the nation’s foremost legal-ethics experts, told me. “She signed up for Stop the Steal. She was part of the team, and that team had an interest in how the court would rule. That’s all I need to know.” He said he has over the years resisted calling for Justice Thomas’s recusal based on his wife’s actions, “but they’ve really abused that tolerance.”Yes, married people can lead independent professional lives, and it is not a justice’s responsibility to police the actions of his or her spouse. But the brazenness with which the Thomases have flouted the most reasonable expectations of judicial rectitude is without precedent. From the Affordable Care Act to the Trump administration’s Muslim ban to the 2020 election challenges, Ms. Thomas has repeatedly embroiled herself in big-ticket legal issues and with litigants who have wound up before her husband’s court. All the while, he has looked the other way, refusing to recuse himself from any of these cases. For someone whose job is about judging, Justice Thomas has, in this context at least, demonstrated abominably poor judgment.If Justice Thomas were sitting on any other federal court in the country, he would likely have been required by the code of judicial ethics to recuse himself many times over. But the code does not apply to Supreme Court justices, creating a situation in which the highest court in the land is also the most unaccountable.This is not tolerable. For years, Congress has tried in vain to extend the ethics code to the Supreme Court. For the sake of fundamental fairness and consistency, the code must apply to all federal judges; it would at the very least force the hand of those like Justice Thomas who seem unmoved by any higher sense of duty to the institution or to the American people who have agreed to abide by its rulings.The court is in deep trouble these days, pervaded by what Justice Sonia Sotomayor recently called the “stench” of partisanship — a stench arising in no small part from the Thomases’ behavior. It is hard to imagine that the other justices, regardless of their personal politics, aren’t bothered.No one should have to choose between their devotion to their spouse and their duty to the nation. But Justice Thomas has shown himself unwilling or unable to protect what remains of the court’s reputation from the appearance of extreme bias he and his wife have created. He would do the country a service by stepping down and making room for someone who won’t have that problem.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Ginni Thomas Pressed Trump’s Chief of Staff to Overturn 2020 Vote, Texts Show

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      The messages between Ms. Thomas and Mark Meadows are the first evidence that she directly advised the White House in efforts to reverse the election results.In the weeks between the 2020 presidential election and the Jan. 6 attack on the Capitol, Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, sent a barrage of text messages imploring President Donald J. Trump’s chief of staff to take steps to overturn the vote, according to a person with knowledge of the texts.In one message sent in the days after the election, she urged the chief of staff, Mark Meadows, to “release the Kraken and save us from the left taking America down,” invoking a slogan popular on the right that refers to a web of conspiracy theories that Trump supporters believed would overturn the election.In another, she wrote: “I can’t see Americans swallowing the obvious fraud. Just going with one more thing with no frickin consequences.” She added: “We just cave to people wanting Biden to be anointed? Many of us can’t continue the GOP charade.”The contents of the texts were reported earlier by The Washington Post and CBS News. They were among about 9,000 pages of documents that Mr. Meadows turned over to the congressional committee investigating the Jan. 6, 2021, Capitol attack. The texts detailed Mr. Meadows’s interactions with Republican politicians as they planned strategies to try to keep Mr. Trump in office in the weeks before the riot.The committee obtained 29 texts between Ms. Thomas and Mr. Meadows — 28 exchanged between Nov. 4 and Nov. 24, and one written on Jan. 10. The text messages, most of which were written by Ms. Thomas, represent the first evidence that she was directly advising the White House as it sought to overturn the election. In fact, in her efforts to keep Mr. Trump in power, Ms. Thomas effectively toggled between like-minded members of the executive and legislative branches, even as her husband, who sits atop the judiciary branch that is supposed to serve as a check on the other branches of government, heard election-related cases.Justice Thomas has been Mr. Trump’s most stalwart defender on the court. In February 2021, he wrote a dissent after the majority declined to hear a case filed by Pennsylvania Republicans that sought to disqualify certain mail-in ballots. And this past January, he was the only justice who voted against allowing the release of records from the Trump White House related to the Jan. 6 attack.Ms. Thomas has actively opposed the Jan. 6 committee and its work, co-signing a letter in December calling for House Republicans to expel Representatives Liz Cheney and Adam Kinzinger from their conference for joining the committee. Ms. Thomas and her co-authors said the investigation “brings disrespect to our country’s rule of law” and “legal harassment to private citizens who have done nothing wrong,” adding that they would begin “a nationwide movement to add citizens’ voices to this effort.”Many of Ms. Thomas’s postelection texts are rambling, with little attention to punctuation, and they run the gamut. She calls Nov. 3, Election Day, a “heist,” and repeats debunked conspiracy theories, including one pushed by QAnon that falsely alleged that voter fraud had been discovered in Arizona on secretly watermarked ballots.The texts show she was communicating not only with Mr. Meadows, but also with Connie Hair, the chief of staff to Louie Gohmert, the Texas Republican congressman who sued Vice President Mike Pence to force him to certify Mr. Trump as the victor of the 2020 election.Mark Meadows, left, and Jared Kushner, with whom Ms. Thomas also appears to have been in contact.Doug Mills/The New York TimesThe text traffic also suggests that Ms. Thomas was in contact with Jared Kushner, the former president’s son-in-law and adviser. Sidney Powell, the lawyer advising Trump’s campaign team known for unleashing wild theories about voting fraud, comes up repeatedly. On Nov. 13, for instance, Mr. Trump included Ms. Powell in a tweeted list of his team’s lawyers. That same day, Ms. Thomas urged Mr. Meadows to support Ms. Powell, and said she had also reached out to “Jared” to do the same: “Just forwarded to yr gmail an email I sent Jared this am,” she wrote. “Sidney Powell & improved coordination now will help the cavalry come and Fraud exposed and America saved.”When some of the president’s other lawyers began distancing themselves from Ms. Powell, Ms. Thomas warned Mr. Meadows not to “cave” to the “elites.”In one text exchange right after the election, she tells Mr. Meadow that he needs to listen to Steve Pieczenik, a onetime State Department consultant who has appeared on Alex Jones’s Infowars to claim, among other things, that the Sandy Hook school massacre was a false-flag operation.She also quoted language circulating on pro-Trump sites that said, “Biden crime family & ballot fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc) are being arrested & detained for ballot fraud right now & over coming days, & will be living in barges off GITMO to face military tribunals for sedition.” She added: “I hope this is true.”Ms. Thomas and Mr. Meadows have been like-minded associates for years, and she bestowed an award on him at a 2019 gathering of conservatives. While Ms. Thomas already had access to the president, White House aides said her influence increased after Mr. Trump named Mr. Meadows chief of staff in March 2020.Mr. Meadows is no longer cooperating with the committee; a lawyer for Mr. Meadows, George J. Terwilliger III, did not immediately respond to requests for comment. Nor did Ms. Thomas or the Supreme Court. Mr. Terwilliger has argued that Mr. Meadows cooperated as much as he could without violating Mr. Trump’s assertions of executive privilege, and Mr. Meadows has filed suit against the panel to seek a court ruling to determine the validity of those assertions of executive privilege. Others challenging the committee’s subpoenas in court include John Eastman, a conservative lawyer and former clerk to Justice Thomas who wrote a memo arguing that Mr. Pence had the power to reject Electoral College votes for President Biden. Both cases could end up before the Supreme Court.A The New York Times investigation published in February highlighted Ms. Thomas’s postelection activities, including her role on the board of CNP Action, a conservative group that worked to advance efforts to overturn the election even as she was texting Mr. Meadows. In one document, it instructed members to pressure Republican lawmakers into challenging the results and appointing alternate slates of electors: “Demand that they not abandon their Constitutional responsibilities during a time such as this.”Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Requests to “rescind” the election. More