Storming of the US Capitol (Jan, 2021)

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      How Likely Is Another Civil War?

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      More from our inbox:Listen to Asian American VotersA Double Standard for Supreme Court NomineesHelping Students Fight DisinformationCovid’s Origins, and the Animal-Human LinkMr. Biden, Reach the HeartlandAt the Georgia State Capitol, demonstrating against the inauguration of President Biden on Jan. 20, 2021.Joshua Rashaad McFadden for The New York TimesTo the Editor:Jamelle Bouie starts out by documenting the public feeling that the United States is indeed facing a second civil war. But he takes a wrong turn by suggesting that this conflict will not happen because today’s conditions do not mirror those of our 19th-century version (“Why We Are Not Facing the Prospect of a Second Civil War,” column, Feb. 17).However, we are in a very precarious position. Large portions of our population have adopted an antigovernment position, fueled by our former president and his minions. Racism is now out in the open, as evidenced by the rantings of anti-diversity proponents in raucous school board meetings throughout the country. The country is more armed than ever, and thousands of these citizens belong to organized militia.We learn more details every day about how close we came last year to a coup engineered by the former president. Too many elected officials no longer display commitment to our democratic principles. The organized campaign of disinformation that is destroying our country is buttressed every day by extreme-right media outlets and commentators.Contrary to Mr. Bouie’s piece, there is a serious risk that we will lose this precious experiment called American democracy. Yet there is still a modicum of hope it can be averted. But that will require that we all take responsibility by speaking up for our Republic.James MartoranoYorktown Heights, N.Y.To the Editor:The plot to kidnap the governor of Michigan, the Jan. 6 assault on the Capitol to overturn the results of the 2020 election and the continuing trumpeting of the lie that the election was stolen approach the criterion that Jamelle Bouie sets for a second civil war: “irreconcilable social and economic interests of opposing groups within the society.”In her book “How Civil Wars Start: And How to Stop Them,” Barbara F. Walter, a professor of political science at the University of California San Diego, states that, according to the polity index score, which places countries on a scale from fully autocratic (-10) to fully democratic (+10), the United States is now a +5, which makes us an “anocracy,” a country that is moving from a democracy to an authoritarian regime.In just five years, we went from +10 to +5! “A partial democracy,” writes Ms. Walter, “is three times as likely to experience civil war as a full democracy.”Now is the time to strengthen our democracy to avert another civil war.Allen J. DavisDublin, N.H.Listen to Asian American Voters  Doris LiouTo the Editor:Re “Will Asian Americans Desert Democrats?,” by Thomas B. Edsall (Opinion guest essay, Sunday Review, March 6):Mr. Edsall’s essay ponders whether Asian Americans are bolting from the Democratic Party, using isolated examples of Chinese American voters swaying recent races in two major cities, New York and San Francisco. However, his claim that this is evidence of Asian Americans moving to the right is a flawed analysis.First, these were complicated elections that cannot be boiled down to one or two issues. Second, how Chinese Americans voted in two cities cannot represent the political preferences of Asian Americans everywhere — just as the fact that Asian Americans helped flip historically Republican-held Senate seats in Georgia and Arizona does not necessarily mean Asian Americans are moving left nationwide.Although not often reported in media analyses, our Asian American Voter Survey polling data includes Asian American suburban moms, college- and non-college-educated, rich and poor, and a wide range of ethnic identities across all 50 states. One would not say the trends of white voters in Little Rock tell the story of white voters everywhere. This should not be done with Asian American voters either.To understand the future of our communities’ votes, one must look at who is listening, engaging and working on our behalf. Parties and political candidates who can do this the most effectively are more likely to win our vote; it’s as simple as that.Christine ChenWashingtonThe writer is executive director of Asian and Pacific Islander American Vote.A Double Standard for Supreme Court Nominees  Erin Schaff/The New York TimesTo the Editor:Re “Another Working Mother for the Supreme Court” (Opinion guest essay, March 8):Melissa Murray opines that, at her confirmation hearings, Judge Ketanji Brown Jackson’s status as a “working mother” might be for her a selling point among conservative senators, just as it had factored into their support of Justice Amy Coney Barrett at her hearings.Funny, I don’t recall any prospective male justices ever being asked about whether their status as “working fathers” might affect their abilities and opinions. Republicans clearly did not deem it relevant to find out if a nominee was a superdad — whether he could do laundry, help kids with homework and work outside the home, all at the same time!Lori Pearson WiseWinter Park, Fla.Helping Students Fight Disinformation  Alberto MirandaTo the Editor:Re “Combating Disinformation Can Feel Like a Lost Cause. It Isn’t,” by Jay Caspian Kang (Opinion, March 9):It is no revelation to me, a retired middle- and upper-school librarian, that students in lower-income environments and underfunded public schools do not register well on media literacy tests.The hiring of professional, credentialed librarians in these schools is often postponed and neglected in order to hire more subject-matter teachers to decrease class sizes, leaving no one with the training and skill sets to introduce these important literacy tools.It is a disservice to these vulnerable students not to provide a curriculum that addresses this gaping hole in their education.Sandra MooreTownship of Washington, N.J.Covid’s Origins, and the Animal-Human Link  Getty ImagesTo the Editor:Re “Pair of Studies Say Covid Originated in Wuhan Market” (news article, Feb. 28):As we enter the third year of the pandemic, it is becoming increasingly clear that we may never know the full and exact details of the emergence of SARS-CoV-2 in humans.Even as experts continue to uncover connections to the market in Wuhan, China, the spillover story may only remain a partial narrative, veiled by insufficient data. This is an uncertainty, like so many other unknowns on a shifting planet undergoing climate change, to which we must adapt.The one certainty we can rely on, however, is the inextricable link between humans and animals. From hunter-gathering to the industrial livestock production model, our relationships with animals cannot be unbound. What’s more, we’ve progressively dominated species and their habitats with dire consequences. This certainty is highlighted by the pandemic through which we are all living today.So, it’s time to start talking about our health differently. Public health does not exist in isolation from other beings. It’s time to become comfortable talking about public health as planetary health.Perhaps normalizing this discourse might have us, as a global community, face the destruction of natural habitats as the destruction of global human health. Perhaps it might have us cultivate a different type of care, a reciprocal care that might stand to benefit us all.Christine YanagawaVancouver, British ColumbiaMr. Biden, Reach the Heartland Ryan Peltier To the Editor:Re “What the Democrats Need to Do,” by Michael Kazin (Opinion guest essay, Sunday Review, Feb. 27):Mr. Kazin is right that President Biden could be more forceful in pushing for the stalled Build Back Better bill and the Protecting the Right to Organize Act.But the president needs to go beyond that and directly address the rural populace. He needs to tour the outposts of the heartland, the Rust Belt, the rural West and the South, bringing a message that Democrats have compassion for all Americans and that Democratic policies will make their lives better.We need to see more of the ol’ Empathetic Joe. The difference between a mountebank like Donald Trump and Joe Biden is that Mr. Biden can actually stand behind his promises to make America better — for all of us.Luc NadeauLongmont, Colo. More

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      Michael Flynn Invokes Fifth Amendment Before Jan. 6 Panel

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      The Trump ally and former national security adviser is the latest high-profile witness to sidestep questions from the House committee by citing the right against self-incrimination.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol ran into a familiar roadblock on Thursday as yet another high-profile witness invoked his right against self-incrimination rather than answer questions about the events that led to a mob assault on Congress.Michael T. Flynn, a former national security adviser who was one of the most extreme voices in former President Donald J. Trump’s push to overturn the election, repeatedly cited the Fifth Amendment before the committee because, his lawyer said, he believes the panel is exploring criminal referrals against Mr. Trump and his allies.“This privilege protects all Americans, not just General Flynn,” Mr. Flynn’s lawyer, David Warrington, said in a statement.Mr. Flynn became at least the fifth high-profile witness to sit for a lengthy interview with the panel only to decline — over and over again — to answer the committee’s questions. Others citing the Fifth Amendment before the committee include Jeffrey Clark, a former Justice Department lawyer who participated in Mr. Trump’s frenzied attempts to overturn the election; John Eastman, a conservative lawyer who wrote a memo that some in both parties have likened to a blueprint for a coup; the political operative Roger J. Stone Jr.; and the conspiracy theorist Alex Jones.Mr. Eastman and his lawyer invoked the Fifth Amendment 146 times during his deposition, repeatedly stating the word “fifth” instead of uttering complete sentences. Mr. Jones said he invoked the Fifth Amendment nearly 100 times. Mr. Stone said he did so to every question asked.Some high-profile witnesses settled on that strategy after the committee initially recommended criminal contempt of Congress charges against three witnesses — the former Trump adviser Stephen K. Bannon, the former White House chief of staff Mark Meadows and Mr. Clark — who refused to answer questions.But before the committee forwarded a contempt recommendation to the full House, Mr. Clark’s lawyer let the panel know he would sit for another interview in which he repeatedly invoked his right against self-incrimination. That effectively ended the potential contempt charge against him.Despite the refusal of some high-profile witnesses to answer questions, the committee has used other tactics to get answers, including questioning lower-level staff members. The panel has also discussed the possibility of granting some witnesses immunity to encourage them to participate, a strategy that was used dozens of times during Congress’s investigation of the Iran-contra scandal in the 1980s.The House committee has said it wants information from Mr. Flynn because he attended a meeting in the Oval Office on Dec. 18, 2020, in which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers and continuing to spread the false idea that the election was tainted by widespread fraud.That meeting came after Mr. Flynn gave an interview to the right-wing media site Newsmax in which he talked about the purported precedent for deploying military troops and declaring martial law to “rerun” the election.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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      Judge Will Review Lawyer’s Emails Sought by Jan. 6 Panel

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      A federal judge said he would decide whether emails to and from John Eastman should be released to the House committee investigating the attack on the Capitol.WASHINGTON — A federal judge said on Wednesday that he would review 111 emails that the lawyer John Eastman, an ally of former President Donald J. Trump, is attempting to keep from the House committee investigating the Jan. 6 Capitol attack, as the panel works to force the release of documents from lawyers involved in plans to overturn the 2020 election.Judge David O. Carter, of the United States District Court for the Central District of California, said in an order that he would review emails Mr. Eastman had sent and received between Jan. 4 and Jan. 7 of last year as he decides whether to release them to the committee.Judge Carter made no mention of the committee’s most explosive argument in the case: that Mr. Eastman’s emails are not protected by attorney-client privilege because they were part of a criminal conspiracy.“Ultimately, the court will issue a written decision including its full analysis and its final determination of which, if any, documents must be disclosed to the Select Committee,” the judge wrote.The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among the group of lawyers working on behalf of Mr. Trump was Mr. Eastman, who the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Before the attack on the Capitol, Mr. Eastman wrote a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman privately conceded that the maneuver was likely illegal, the committee said.The arguments were prompted by a suit Mr. Eastman had filed against the committee, attempting to block its subpoena. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Charles Burnham, Mr. Eastman’s lawyer, argued that neither Mr. Eastman nor Mr. Trump had committed a crime because they genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false — as they worked to try to keep Mr. Trump in power.The judge’s decision came as two more lawsuits were filed against the committee, bringing to at least 21 the total of potential witnesses or organizations who have sued to trying to block the panel’s efforts to collect information from or about them.One suit, filed by former Trump adviser Stephen Miller, sought to block the committee from accessing his phone records, arguing in part that the panel is invading his parents’ privacy since he is on their family plan.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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      Pressing for Evidence, Jan. 6 Panel Argues That Trump Committed Fraud

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      The argument was a response to a lawsuit filed by John Eastman, who is seeking to shield his communications with former President Donald J. Trump.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol on Tuesday laid out its theory for potential criminal charges against former President Donald J. Trump, arguing before a federal judge that he and the conservative lawyer John C. Eastman were involved in a conspiracy to perpetrate a fraud on the American public as part of a plan to overturn the 2020 election.The allegations, which the committee first leveled against the men last week in response to a lawsuit filed by Mr. Eastman, could determine just how deeply the panel can dig into emails, correspondence and other documents of lawyers close to Mr. Trump who have argued that such material should be shielded from scrutiny because of attorney-client privilege.They also form the core of the panel’s strategy for potentially holding Mr. Trump and his allies criminally liable for what happened on Jan. 6, 2021, one that turns on the notion that they knowingly sought to invalidate legitimate election results.“We’re talking about an insurrection that sadly came very close to succeeding to overturn a presidential election,” Douglas N. Letter, the general counsel of the House, told Judge David O. Carter of the United States District Court for the Central District of California, during arguments in Mr. Eastman’s case.The House committee’s argument is a risky one. If Judge Carter were to reject its claims, the inquiry’s legal team would be less likely to win support for a criminal prosecution unless investigators unearthed new evidence.In court on Tuesday, Mr. Letter repeatedly chastised Mr. Eastman for writing a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman conceded that the maneuver was likely illegal.“Violate the law — and let them sue,” Mr. Letter said, characterizing Mr. Eastman’s counsel. “Boy, that’s not legal advice that I’ve ever given.”The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among them was Mr. Eastman, whom the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Charles Burnham, Mr. Eastman’s lawyer, said the committee’s accusations against the former president are “groundbreaking criminal allegations,” but he argued that both Mr. Eastman and Mr. Trump genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false.“Dr. Eastman and others absolutely believed that what they were doing was well-grounded in law and fact, and was necessary for what they believed was the best interest of the country,” Mr. Burnham said.In a filing in Mr. Eastman’s case last week, the committee first revealed the basis of what its investigators believe could be a criminal referral to the Justice Department against Mr. Trump. Central to the case is the argument that, in repeatedly rejecting the truth that he had lost the 2020 election — including the assertions of his own campaign aides, White House lawyers, two successive attorneys general and federal investigators — Mr. Trump was not just being stubborn or ignorant, he was knowingly perpetrating a fraud on the United States.The panel turned over to the court hundreds of pages of arguments, exhibits and court transcripts from Trump advisers telling him there was no widespread fraud in the 2020 election. But Mr. Burnham also said that Mr. Trump was given conflicting legal advice.“Multiple presidential advisers were counseling the president that there were issues with the 2020 election — fraud, illegality, and so forth,” he said.Mr. Burnham cited a book recently published by former Attorney General William P. Barr, who recounted how he tried to break through to Mr. Trump to tell him his wild fantasies about election fraud weren’t true, even as others informed the president he was right.“After the election,” Mr. Barr wrote, “he was beyond restraint. He would only listen to a few sycophants who told him what he wanted to hear. Reasoning with him was hopeless.”The arguments in court were prompted by Mr. Eastman’s attempt to shield from release documents he said were covered by attorney-client privilege. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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      Alex Jones and Donald Trump: A Fateful Alliance Draws Scrutiny

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      The Infowars host tormented Sandy Hook families and helped elect President Donald J. Trump. His role in the Jan. 6 Capitol attack is now of growing interest to congressional investigators.The day President Donald J. Trump urged his supporters to “be there, will be wild!” at the Capitol on Jan. 6, 2021, Alex Jones spread the message to millions.“This is the most important call to action on domestic soil since Paul Revere and his ride in 1776,” Mr. Jones, the Infowars broadcaster, said on his Dec. 19, 2020, show, which airs live online and on a network of radio stations. Mr. Jones, whose lies about the 2012 Sandy Hook Elementary School shooting fueled years of threats against the 26 victims’ families, urged his listeners to take action.A little more than two weeks later, Mr. Jones joined his followers at the Capitol as a behind-the-scenes organizer — a crucial role in the riot that is under increasing scrutiny by congressional investigators.It is part of a reckoning Mr. Jones faces on multiple fronts. He is still fighting a half-dozen defamation lawsuits filed by the targets of his false claims, including the relatives of 10 Sandy Hook victims. Late last year the Sandy Hook families won four default judgments against him after he for years resisted court orders, and in upcoming trials, juries will decide how much he must pay them.For Jan. 6, Mr. Jones helped secure at least $650,000 from a Publix grocery-store heiress, Julie Fancelli, an Infowars fan, to underwrite Mr. Trump’s rally on the Ellipse the morning of the attack, $200,000 of which was deposited into one of Mr. Jones’s business accounts, the House committee investigating the Jan. 6 attack said. The night before the riot Mr. Jones was at the Willard Intercontinental Hotel in Washington, where Trump aides and allies had set up an outpost. He has longtime ties to at least a half-dozen people arrested after the riot, including the founder of the far-right Oath Keepers militia, Stewart Rhodes, still a regular guest on Infowars, and Joseph Biggs, a former Infowars employee and Proud Boys leader.The House committee has subpoenaed Mr. Jones, and included a three-page list seeking his related communications and financial records. The panel is also seeking Mr. Jones’s communications with Mr. Trump, his family and anyone from the White House or Congress in the days before the riot. Questioned by the panel this year, Mr. Jones invoked his Fifth Amendment right against self-incrimination more than 100 times, and is trying to block the committee’s demand for records in court.Whatever the outcome of the Jan. 6 investigation, Mr. Jones’s journey from Sandy Hook to the assault on the Capitol is a reflection of how conspiracy theories in the United States have metastasized and corroded public discourse in the digital age. A defender of President Vladimir V. Putin of Russia and a former regular on RT, the Kremlin-funded international television outlet, Mr. Jones espoused such extreme views of American democratic society — he has cast airport security screenings as a plot to usurp Americans’ freedoms — that in 2011 RT stopped inviting him on air.But after Mr. Trump appeared live in an interview on Infowars’ website in December 2015, Mr. Jones traveled from the fringes to become part of a newly radicalized Republican Party. Infowars grossed more than $50 million annually during the Trump presidency by selling diet supplements, body armor and other products on its website, records filed in court indicate. During and after the Jan. 6 riot, Infowars promoted its merchandise alongside graphic videos, including footage by an Infowars cameraman of the shooting death of a pro-Trump rioter, Ashli Babbitt, by a Capitol Police officer during the attack.Mr. Jones did not respond to messages seeking comment. His lawyer, Norm Pattis, said his client had done nothing wrong on Jan. 6. Video footage from the Capitol that day shows Mr. Jones using a bullhorn to try to discourage people from rioting.“Over many years Infowars has become a go-to source for people deeply suspicious of the government, so it should come as no surprise that many of the attendees at the rally had passed through Infowars’ doors,” Mr. Pattis said. “But that doesn’t mean any of them are guilty of criminal conspiracy or misconduct.”Dan Friesen, whose podcast, “Knowledge Fight,” explores Mr. Jones’s place in America’s conspiracist tradition, said that people should not be shocked by what happened on Jan. 6, given Mr. Jones’s history. “This kind of flare-up just seemed inevitable,” he said.A Trump campaign rally in Dallas in 2019.Andrew Harnik/Associated PressMr. Jones owes some of his core conspiracy themes to Gary Allen, a speechwriter for the former Alabama governor George Wallace who in the 1960s and 1970s was one of the far-right John Birch Society’s most revered writers and thinkers. As a teenager, Mr. Jones found Mr. Allen’s 1971 “None Dare Call It Conspiracy” on his father’s bookshelf, and came to share Mr. Allen’s view that a cabal of global bankers and power brokers, not elected officials, controlled American policy. Mr. Allen, who died in 1986, sold his theories by mail order in books, filmstrips and cassettes, a marketing model later adopted by Infowars.Mr. Jones got his start in broadcasting in the early 1990s with simultaneous shows on the Austin radio station KJFK and on Austin community access TV. In 1993, a siege by federal law enforcement ended in an inferno at the Branch Davidian compound near Waco, Texas, killing about 80 Davidians and four law enforcement officers. Mr. Jones asserted, evidence to the contrary, that the sect and its leader, David Koresh, were a peaceful religious community marked by the government for murder. He raised $93,000 from his listeners to rebuild the compound’s church.The deed made Mr. Jones a celebrity among “patriot” militia members, including some involved in armed standoffs with the federal government. In 1995, Mr. Jones pushed bogus claims that the government plotted the bombing of the Alfred P. Murrah Federal Building in Oklahoma City that killed 168 people, including 19 children. The perpetrator, Timothy McVeigh, had also expressed rage at the Branch Davidian compound’s destruction.Mr. Jones and his wife at the time, Kelly Jones, founded Infowars around 1999, when they began producing feature-length, conspiracy-themed videos that they sold by mail or gave away, urging people to pass them around and spread the word.After December 2012, when Mr. Jones falsely claimed that the Sandy Hook shooting was a government pretext for draconian gun control measures, traffic to his website surged. In 2013, at a gathering in Dallas marking the 50th anniversary of John F. Kennedy’s assassination, Mr. Jones met Roger J. Stone Jr., a Trump friend and adviser shunned by mainstream Republicans.Mr. Stone, who saw a valuable new constituency for Mr. Trump in Infowars’ disaffected audience, joined the show as a host and brokered Mr. Trump’s December 2015 interview with Mr. Jones. In that interview, broadcast on the Infowars website, Mr. Trump joined Mr. Jones in casting America as a nation besieged by “radical Muslims” and immigrants, and predicted he would “get along very well” with Mr. Putin. He ended by praising Mr. Jones’s “amazing reputation.”The next year Mr. Jones was a V.I.P. invitee to Mr. Trump’s speech accepting the presidential nomination at the Republican National Convention in Cleveland, where the Infowars broadcaster stood on the convention floor with tears streaming down his face as Mr. Trump spoke.Mr. Jones on the first day of the Republican National Convention in 2016.Hilary Swift for The New York TimesThe Trump era also brought Mr. Jones new scrutiny. In 2017, he dodged a lawsuit by publicly apologizing and removing from Infowars his shows promoting Pizzagate, the lie that top Democrats were trafficking children from Comet Ping Pong, a Washington pizzeria. The conspiracy theory inspired a gunman to enter the restaurant and fire a rifle inside. No one was hurt, but the episode shocked the capital and many Americans. By 2019, Mr. Jones had been barred from all major social media platforms for violating rules banning hate speech.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The potential case against Trump. More

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      Panel Suggests Trump Knew He Lost the Election, Eyeing Criminal Case

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      At the core of the theory of a possible criminal case against former President Donald J. Trump is the argument that he knew he had lost the election and sought to overturn it anyway.WASHINGTON — Shortly after the 2020 election, as ballots were still being counted, the top data expert in President Donald J. Trump’s re-election campaign told him bluntly that he was going to lose.In the weeks that followed, as Mr. Trump continued to insist that he had won, a senior Justice Department official told him repeatedly that his claims of widespread voting fraud were meritless, ultimately warning him that they would “hurt the country.”Those concerns were echoed by the top White House lawyer, who told the president that he would be entering into a “murder-suicide pact” if he continued to pursue extreme plans to try to invalidate the results of the 2020 election.Yet Mr. Trump — time and again — discounted the facts, the data and many of his own advisers as he continued to promote the lie of a stolen election, according to hundreds of pages of exhibits, interview transcripts and email correspondence assembled by the House committee investigating the Jan. 6 attack for a legal filing released late Wednesday.In laying out the account, the panel revealed the basis of what its investigators believe could be a criminal case against Mr. Trump. At its core is the argument that, in repeatedly rejecting the truth that he had lost the 2020 election — including the assertions of his own campaign aides, White House lawyers, two successive attorneys general and federal investigators — Mr. Trump was not just being stubborn or ignorant about his defeat, he was knowingly perpetrating a fraud on the United States.It is a bold claim that could be difficult to back up in court, but in making it, the House committee has compiled an elaborate narrative of Mr. Trump’s extraordinary efforts to cling to power.In it, Mr. Trump emerges as a man unable — or unwilling — to listen to his advisers even as they explain to him that he has lost the election, and his multiple and varied claims to the contrary are not grounded in fact.At one point, Mr. Trump did not seem to care whether there was any evidence to support his claims of election fraud, and questioned why he should not push for even more extreme steps, such as replacing the acting attorney general, to challenge his loss.“The president said something to the effect of: ‘What do I have to lose? If I do this, what do I have to lose?’” Richard P. Donoghue, a former top Justice Department official, told the committee in an interview. “And I said: ‘Mr. President, you have a great deal to lose. Is this really how you want your administration to end? You’re going hurt the country.’”Pat A. Cipollone, the White House counsel, also tried to get Mr. Trump to stop pursuing baseless claims of fraud. He pushed back against a plan from a rogue Justice Department lawyer, Jeffrey Clark, who wanted to distribute official letters to multiple state legislatures falsely alerting them that the election may have been stolen and urging them to reconsider certified election results.“That letter that this guy wants to send — that letter is a murder-suicide pact,” Mr. Cipollone told Mr. Trump, according to Mr. Donoghue. “It’s going to damage everyone who touches it. And we should have nothing to do with that letter. I don’t ever want to see that letter again.”The account is part of a court filing in a civil case in California, in which the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had evidence demonstrating that Mr. Trump, the lawyer John Eastman and other allies could be charged with obstructing an official proceeding of Congress, conspiracy to defraud the American people and common law fraud.The committee’s filing shows how some of Mr. Trump’s aides and advisers repeatedly — and passionately — tried to get him to back down from his various false claims and plans to try to stay in power.It started almost immediately after the polls closed in November 2020, when members of Mr. Trump’s campaign data team began trying to break through to the president to impress upon him that he had been defeated.During a conversation in the Oval Office, Mr. Trump’s lead campaign data guru “delivered to the president in pretty blunt terms that he was going to lose,” Jason Miller, another top campaign aide, told the panel. The president said he disagreed with the data expert’s analysis, Mr. Miller said, because he thought he could win in court.Mr. Miller also told the committee that he agreed with Attorney General William P. Barr’s analysis that there had not been widespread fraud in the election, and “said that to the president on multiple occasions,” the panel wrote in its filing.In the chaotic postelection period, Mr. Trump’s legal team set up a hotline for fraud allegations and was flooded with unverified accounts from people across the country who claimed they had evidence. A Postal Service truck driver from Pennsylvania asserted without evidence that his 18-wheeler had been filled with phony ballots. Republican voters in Arizona complained that some of their ballots had not been counted because they used Sharpie pens that could not be read by voting machines.Mr. Trump appeared to be aware of many of these reports, and would speak about them often with aides and officials, raising various theories about voting fraud even as they debunked them one by one.“When you gave him a very direct answer on one of them, he wouldn’t fight us on it,” Mr. Donoghue, the Justice Department official, told the committee. “But he would move to another allegation.”Mr. Donoghue recalled, for instance, how he told Mr. Trump that Justice Department investigators had looked into, and ultimately discounted, a claim that election officials in Atlanta had wheeled a suitcase full of phony ballots into their counting room on Election Day.Instead of accepting Mr. Donoghue’s account, Mr. Trump abruptly switched subjects and asked about “double voting” and “dead people” voting, then moved on to a completely different claim about how, he said, “Indians are getting paid” to vote on Native American reservations.Richard P. Donoghue, a former top Justice Department official, repeatedly informed Mr. Trump that both his specific and general claims of fraud were false.Richard Drew/Associated PressAfter Mr. Donoghue sought to knock down those complaints as well, he told the committee, Mr. Trump changed topics again and wondered aloud why his numerous legal challenges to the election had not worked.Jeffrey A. Rosen, another top Justice Department lawyer who became the acting attorney general after Mr. Barr left the agency, fielded this question, according to Mr. Donoghue’s account, telling the president that he was “free to bring lawsuits,” but that the department could not be involved.Even though none of Mr. Trump’s persistent claims about election fraud turned out to be true, prosecutors will most likely have to grapple with the question of his state of mind at the time — specifically, the issue of whether he believed the claims were true, said Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The potential case against Trump. More

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      Jan. 6 Committee Lays Out Potential Criminal Charges Against Trump

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      In a court filing, the panel said there was enough evidence to suggest that the former president might have engaged in a criminal conspiracy as he fought to remain in office.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol said on Wednesday that there was enough evidence to conclude that former President Donald J. Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result.In a court filing in a civil case in California, the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had accumulated evidence demonstrating that Mr. Trump, the conservative lawyer John Eastman and other allies could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.The filing also said the men might have broken a common law statute against fraud through Mr. Trump’s repeated lies that the election had been stolen.The filing disclosed only limited new evidence, and the committee asked the judge in the civil case to review the relevant material behind closed doors. In asserting the potential for criminality, the committee largely relied on the extensive and detailed accounts already made public of the actions Mr. Trump and his allies took to keep him in office after his defeat.The committee added information from its more than 550 interviews with state officials, Justice Department officials and top aides to Mr. Trump, among others. It said, for example, that Jason Miller, Mr. Trump’s senior campaign adviser, had said in a deposition to the committee that Mr. Trump had been told soon after Election Day by a campaign data expert “in pretty blunt terms” that he was going to lose, suggesting that Mr. Trump was well aware that his months of assertions about a stolen election were false.The evidence gathered by the committee “provides, at minimum, a good-faith basis for concluding that President Trump has violated” the obstruction count, the filing, written by Douglas N. Letter, the general counsel of the House, states, adding: “The select committee also has a good-faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy to defraud the United States.”The filing said that a “review of the materials may reveal that the president and members of his campaign engaged in common law fraud in connection with their efforts to overturn the 2020 election results.”Representatives of Mr. Trump and Mr. Eastman did not immediately respond to requests for comment.The panel, which is controlled by Democrats, is a legislative committee and has no authority to charge the former president — or anyone else — with a crime.But the filing contains the clearest indication yet about the committee’s direction as it weighs making a criminal referral to the Justice Department against Mr. Trump and his allies, a step that could put pressure on Attorney General Merrick Garland to take up the case. The Justice Department has so far said little of substance about whether it might ultimately pursue a case.The filing laid out a sweeping if by now well-established account of the plot to overturn the election, which included false claims of election fraud, plans to put forward pro-Trump “alternate” electors, pressure various federal agencies to find irregularities and ultimately push Vice President Mike Pence and Congress to exploit the Electoral Count Act to keep a losing president in power.“As the president and his associates propagated dangerous misinformation to the public,” the filing said, Mr. Eastman “was a leader in a related effort to persuade state officials to alter their election results based on these same fraudulent claims.”The court filing stemmed from a lawsuit filed by Mr. Eastman, who is trying to persuade a judge to block the committee’s subpoena for documents in his possession, claiming “a highly partisan” invasion of his privacy. The committee issued a subpoena to Mr. Eastman in January, citing a memo he wrote laying out how Mr. Trump could use the vice president and Congress to try to invalidate the 2020 election results.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 does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Mr. Eastman then argued the committee had offered “no evidence” of the existence of a crime-fraud exception, prompting the committee’s latest filing.“The evidence supports an inference that President Trump, plaintiff and several others entered into an agreement to defraud the United States by interfering with the election certification process, disseminating false information about election fraud, and pressuring state officials to alter state election results and federal officials to assist in that effort,” the filing states.It also made reference to a recent ruling in a civil suit in Washington, D.C., in which Judge Amit P. Mehta of the Federal District Court found that it was “plausible to believe that the president entered into a conspiracy with the rioters on Jan. 6, 2021.”“In addition to the legal effort to delay the certification, there is also evidence that the conspiracy extended to the rioters engaged in acts of violence at the Capitol,” the filing said.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Subpoenaed lawyers. More

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      Jan. 6 Panel Subpoenas Trump's Lawyers

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      The House committee issued six subpoenas to people who worked on legal aspects of the former president’s bid to invalidate the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol on Tuesday subpoenaed a half-dozen lawyers and other allies of former President Donald J. Trump who promoted false claims about widespread fraud in the 2020 election and worked to overturn his loss.Those who were sent subpoenas for documents and testimony participated in a range of attempts to invalidate Joseph R. Biden Jr.’s victory, including filing lawsuits, pressuring local election officials to change the results and drafting proposed executive orders to seize voting machines.“The select committee is seeking information about attempts to disrupt or delay the certification of electoral votes and any efforts to corruptly change the outcome of the 2020 election,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement. “The six individuals we’ve subpoenaed today all have knowledge related to those matters and will help the select committee better understand all the various strategies employed to potentially affect the outcome of the election.”More than 550 witnesses have testified before the committee, which is tasked with writing an authoritative report about the violence of a year ago that left more than 150 police officers injured and resulted in several deaths.The committee also intends to make recommendations to prevent such an episode from happening again, and is considering making criminal referrals should its investigators uncover any crimes not already charged by the Justice Department.The subpoenas issued on Tuesday direct the witnesses to sit for interviews in March.Among those summoned was Cleta Mitchell, a lawyer who the panel said “promoted false claims of election fraud to members of Congress” and participated in a call in which Mr. Trump tried to pressure Georgia’s secretary of state to “‘find’ enough votes to reverse his loss there.”Ms. Mitchell was also in contact with Mr. Trump on Jan. 6 and the days before, the committee said it had learned.Kenneth Chesebro, another lawyer who was subpoenaed on Tuesday, promoted legal theories within the Trump campaign supporting the use of slates of bogus electors in states the former president lost. Mr. Chesebro told the Trump campaign his efforts would “‘bolster’ the argument for delaying the electoral certification” and make the public believe the election “‘was likely rigged, and stolen by Biden and Harris, who were not legitimately elected,’” the committee wrote in a letter accompanying Mr. Chesebro’s subpoena.The committee also issued a subpoena to Christina Bobb, who works for One America News Network and was reportedly involved in efforts to draft an executive order for Mr. Trump that would have directed federal agencies to seize voting machines in numerous states. Ms. Bobb was present in the “war room” of Mr. Trump’s personal lawyer, Rudolph W. Giuliani, in the Willard Hotel on Jan. 6, the committee said.Ms. Bobb is said to be writing a book about Jan. 6 and interviewed Mr. Trump for the project, meaning she would most likely have notes that the committee could obtain through a subpoena.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More