More stories

  • in

    What the Jan. 6 Panel Wants to Learn From 5 G.O.P. Lawmakers

    The committee’s subpoenas to five House Republicans underscore the potential importance of their testimony to producing a full account of the effort to overturn the 2020 election.WASHINGTON — In deciding to take the highly unusual step of issuing subpoenas to five Republican members of Congress, the House committee investigating the Jan. 6 attack concluded that trying to compel their testimony was important enough to justify an escalatory step involving their colleagues.All five of the Republicans subpoenaed on Thursday have previously refused to appear voluntarily before the committee. The most prominent of them, Representative Kevin McCarthy of California, is his party’s leader in the House and in line to become speaker if Republicans win control of the chamber in November. He has sought legal advice in recent months on how to fight a subpoena, though he has yet to say how he will respond to the panel’s action.But the committee has made clear that it believes all five may have information that is important to its efforts to document efforts by President Donald J. Trump and his allies to overturn the results of the 2020 election, which culminated in the assault on the Capitol on Jan. 6, 2021, by a pro-Trump mob.Here are the subjects that the committee could be interested in hearing about from each of the five Republicans.Representative Kevin McCarthyThe committee is seeking to question Mr. McCarthy about conversations he had with Mr. Trump during and after the attack about his culpability in the assault and what should be done to address it. The committee has also suggested that Mr. Trump, whose political support is vital to Mr. McCarthy, may have influenced the congressman’s refusal to cooperate with the investigation.Mr. McCarthy has acknowledged getting into a heated argument with Mr. Trump during the Capitol attack, in which the president appeared to side with the rioters as they were tearing through the grounds.According to Representative Jaime Herrera Beutler, a Washington Republican who has said that Mr. McCarthy recounted the exchange to her, Mr. Trump ignored Mr. McCarthy’s pleas to call off the rioters and sided with them instead, saying, “Well, Kevin, I guess these people are more upset about the election than you are.”Interest in the details of those conversations has only increased in light of leaked audio in which Mr. McCarthy told colleagues that Mr. Trump had expressed feeling partly responsible for the attack.The audio, obtained by The New York Times and released in April, showed Mr. McCarthy recounting an exchange with the former president, in which he claimed Mr. Trump had been relatively contrite about how his language concerning the election might have contributed to the riot.“Does he feel bad about what happened? He told me he does have some responsibility for what happened, and he’d need to acknowledge that,” Mr. McCarthy said in the recording.Earlier, Mr. McCarthy had told colleagues that he was going to push Mr. Trump to resign.Representative Scott PerryThe committee first publicly approached Representative Scott Perry of Pennsylvania in December with a letter requesting information, in the panel’s first formal attempt to interview a sitting member of Congress.Committee members have argued that Mr. Perry, who leads the deeply conservative House Freedom Caucus, was one of main architects behind a plan to install Jeffrey Clark, a former Justice Department official, as the acting attorney general after he appeared sympathetic to Mr. Trump’s false allegations of widespread voter fraud.Mr. Clark appeared eager to pursue various conspiracy theories about hacked voting booths and other forms of election fraud, as well as to pressure state elections officials to overturn results in Georgia.Committee members and investigators have said that Mr. Perry introduced Mr. Clark and the former president. They have also found evidence that Mr. Perry was frequently in touch with Mark Meadows, the former White House chief of staff, over encrypted messaging services in the weeks leading up to Jan. 6.After the election, Mr. Perry helped assemble a dossier of purported instances of voter fraud and also encouraged Mr. Trump’s supporters to take part in the march on the Capitol that resulted in the riot.Mr. Perry, a former Army helicopter pilot who is close to Mr. Meadows and another of the Republicans now under subpoena, Representative Jim Jordan of Ohio, coordinated many of the efforts to keep Mr. Trump in office. His colleagues referred to him as General Perry; he retired from the Pennsylvania National Guard in 2019.Representative Mo BrooksMembers of the committee have expressed interest in testimony from Representative Mo Brooks of Alabama after he broke with Mr. Trump and accused the former president of pressing him to find a way to remove President Biden from power.While Mr. Brooks was initially among Mr. Trump’s staunchest allies in questioning the election outcome, their relationship soured after the former president withdrew his endorsement of Mr. Brooks in the Republican primary for Alabama’s Senate seat in March.Before then, Mr. Brooks had campaigned on false claims that the 2020 election was rigged. He had been one of the speakers alongside Mr. Trump at the rally in Washington that preceded the riot.But after the former president withdrew his endorsement, Mr. Brooks came forward with startling claims that Mr. Trump had repeatedly called on him to find a way to invalidate the election and somehow remove Mr. Biden. If the assertions are true, they would show that Mr. Trump continued his efforts to overturn the outcome long after leaving office. Mr. Trump has not denied making the statements.“President Trump asked me to rescind the 2020 elections, immediately remove Joe Biden from the White House, immediately put President Trump back in the White House, and hold a new special election for the presidency,” Mr. Brooks said in a statement in March.His account of the conversations was the first time a lawmaker close to Mr. Trump had suggested that the former president had encouraged steps that, if taken, would have violated federal law.Representative Andy BiggsIn a letter to Representative Andy Biggs of Arizona in May, the committee’s leaders described evidence linking the congressman to a range of organizational efforts including “planning meetings” aimed at attracting protesters to Washington on Jan. 6.The letter also described a scheme by several House Republicans to seek presidential pardons for “activities taken in connection with President Trump’s efforts to overturn the results of the 2020 presidential election.”“Your name was identified as a potential participant in that effort,” it said.It is unclear whether Mr. Biggs or other House Republicans formally approached Mr. Trump about what would amount to a pre-emptive pardon, or what crime those pardons would have been for. Mr. Biggs declined this week to answer questions about the potential pardons.A former leader of the ultraconservative House Freedom Caucus, Mr. Biggs also tried to persuade state legislators to join Mr. Trump’s push to overturn the election.Representative Jim JordanAs one of Mr. Trump’s fiercest defenders in Congress, Mr. Jordan stood by him through several ordeals during his presidency, including operating as his chief defender during Mr. Trump’s first impeachment proceeding.In the weeks after the election, Mr. Jordan met regularly with White House advisers to coordinate messaging about the outcome, often following up with false claims of fraud during media appearances.Members and investigators on the House panel have pushed aggressively for details surrounding conversations between Mr. Jordan and Mr. Trump on the day of the riot, after call records indicated that the two spoke over the phone that morning.Mr. Jordan was deeply involved in Mr. Trump’s effort to fight the election results, including participating in planning meetings in November 2020 at Trump campaign headquarters in Arlington, Va., and a meeting at the White House in December 2020.On Jan. 5, 2021, Mr. Jordan forwarded to Mr. Meadows a text message he had received from a lawyer and former Pentagon inspector general outlining a legal strategy to overturn the election.“On Jan. 6, 2021, Vice President Mike Pence, as president of the Senate, should call out all the electoral votes that he believes are unconstitutional as no electoral votes at all — in accordance with guidance from founding father Alexander Hamilton and judicial precedence,” the text read.Mr. Jordan has acknowledged speaking with Mr. Trump on Jan. 6, though he has said that he cannot remember how many times they spoke that day or when the calls occurred. One of Mr. Jordan’s conversations with Mr. Trump that day, a 10-minute phone call, was included in the official White House call log. More

  • in

    Who Are the Key Figures of Interest in the Jan. 6 Inquiry?

    The list of names being scrutinized by the House committee for their role in the Jan. 6 attack on the Capitol keeps growing.A House select committee has been formed to scrutinize the causes of the Jan. 6 riot at the U.S. Capitol. The riot occurred as Congress met to formalize Joseph R. Biden Jr.’s election victory amid efforts by President Donald J. Trump and his allies to overturn the results.Here are some of the key people and groups included so far in the panel’s investigation:President Donald J. Trump spoke at a rally on Jan. 6, 2021, shortly before the riot at the Capitol.Pete Marovich for The New York TimesTrump, His Family and His Inner CircleDonald J. TrumpThe former president’s White House records related to the attack have been a focus of the inquiry. Mr. Trump unsuccessfully tried to keep these documents from the committee by claiming executive privilege. The panel is also scrutinizing Mr. Trump’s role in proposals to seize voting machines after the 2020 election.Ivanka TrumpThe daughter of the former president, who served as one of his senior advisers, has been asked to cooperate. The panel said that it had gathered evidence that she had implored her father to call off the violence that occurred when his supporters stormed the Capitol.Rudolph W. GiulianiMr. Trump’s personal lawyer and three members of his legal team — Jenna Ellis, Sidney Powell and Boris Epshteyn — pursued conspiracy-filled lawsuits that made claims of voter fraud and played central roles in the effort to use courts, state legislatures and Congress to overturn the results.Stephen K. BannonThe former Trump aide is under scrutiny by the committee for comments he made on his radio show on Jan. 5, 2021. The committee points to this as evidence that he had “some foreknowledge” of the attack. Mr. Bannon has been charged with contempt of Congress for refusing to comply with a subpoena; he claimed protection under executive privilege even though he was an outside adviser.Michael T. FlynnMr. Trump’s former national security adviser attended an Oval Office meeting on Dec. 18, 2020, in which participants discussed seizing voting machines and invoking certain national security emergency powers. Mr. Flynn has filed a lawsuit to block the panel’s subpoenas.Mark Meadows, the White House chief of staff, arrived in the East Room for an election night address by Mr. Trump.Mandel Ngan/Agence France-Presse — Getty ImagesWhite House OfficialsMark MeadowsMr. Trump’s chief of staff, who initially provided the panel with a trove of documents that showed the extent of his role in the efforts to overturn the election, is now refusing to cooperate. The House voted to recommend holding Mr. Meadows in criminal contempt of Congress for defying the panel’s subpoena.Mike PenceThe former vice president could be a key witness as the committee focuses on Mr. Trump’s responsibility for the riot and considers criminal referrals, but Mr. Pence has not decided whether to cooperate, according to people briefed on his discussions with the panel.Marc ShortMr. Pence’s chief of staff, who has firsthand knowledge of Mr. Trump’s pressure campaign on the vice president to throw out the election results, testified before the panel under subpoena. He is the most senior person on Mr. Pence’s staff who is known to have cooperated with the committee.Kevin McCarthy, the House minority leader. He has refused to cooperate with the congressional inquiry into the Jan. 6 riot.Tom Brenner for The New York TimesMembers of CongressKevin McCarthyThe panel has requested an interview with Mr. McCarthy, the House Republican leader, about his contact with Mr. Trump during the riot. A California representative who could become speaker of the House after the midterms in November, Mr. McCarthy has refused to cooperate.Scott Perry and Jim JordanThe representatives from Pennsylvania and Ohio are among a group of Republican congressmen who were deeply involved in efforts to overturn the election. Both Mr. Perry and Mr. Jordan have refused to cooperate with the panel.Roger Stone in December 2021, after a meeting with the House select committee investigating the Jan. 6 attack.Al Drago for The New York TimesOutside Advisers and GroupsRoger J. Stone Jr.The longtime political operative, who promoted his attendance at rallies on Jan. 5 and 6 and solicited support to pay for his security, has become a focus of the panel as it digs further into the planning and financing of rallies before the attack.Phil WaldronThe retired Army colonel has been under scrutiny since Mr. Meadows turned over a 38-page PowerPoint document that Mr. Waldron had circulated on Capitol Hill. The document contained plans that detailed how to overturn the election.Jeffrey ClarkThe Justice Department official repeatedly pushed his colleagues to help Mr. Trump undo his loss. The panel has recommended that Mr. Clark be held in criminal contempt of Congress for refusing to cooperate with a subpoena.John EastmanThe little-known academic and conservative lawyer has become the subject of intense scrutiny since writing a memo that laid out how Mr. Trump could stay in power.Fake Trump electorsFourteen people falsely claimed to be electors for Mr. Trump in the 2020 election in states that Mr. Biden had won: Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin.Members of the Proud Boys burned a Black Lives Matter banner torn from a church in Washington, D.C., in December 2020.Victor J. Blue for The New York TimesFar-Right FiguresExtremist groupsThe panel is scrutinizing some white nationalist leaders and militia groups, including the Proud Boys and the Oath Keepers. It is intensifying its focus on the rallies that led up to the mob violence and how extremists worked with pro-Trump forces to undermine the election.Alex JonesThe conspiracy theorist helped organize the rally that occurred before the riot, and said that White House officials told him that he was to lead a march to the Capitol, where Mr. Trump would speak, according to the committee.Sean Hannity, the Fox News host.Frank Franklin II/Associated PressMedia EntitiesFox News anchorsSean Hannity sent text messages to Trump officials in the days surrounding the riot that illustrate his unusually elevated role as an outside adviser. Mr. Hannity, along with Laura Ingraham and Brian Kilmeade, also texted Mr. Meadows as the riot unfolded.Big Tech firmsThe committee has criticized Alphabet, Meta, Reddit and Twitter for allowing extremism to spread on their platforms. The panel has said that the four social media companies have failed to adequately cooperate with the inquiry.The Willard Hotel in Washington, where several Trump allies met on the day before the riot.Drew Angerer for The New York TimesAnd a Key EventWillard Hotel meetingSeveral Trump advisers and allies — including Mr. Giuliani, Mr. Bannon, Mr. Flynn, Mr. Stone, Mr. Jones and Mr. Eastman — gathered at the Willard Hotel near the White House the day before the riot. The events that unfolded there have become a prime focus of the committee. More

  • in

    Rudy Giuliani and 3 Others Subpoenaed by Jan. 6 Committee

    The House committee investigating the Capitol riot called for documents and testimony from Rudolph W. Giuliani and other members of President Donald J. Trump’s legal team.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol on Tuesday subpoenaed Rudolph W. Giuliani and other members of the legal team that pursued a set of conspiracy-filled lawsuits on behalf of former President Donald J. Trump in which they made unsubstantiated claims of fraud in the 2020 presidential election.In addition to Mr. Giuliani, Mr. Trump’s personal lawyer and a ringleader of the group, the panel subpoenaed three others who played central roles in his effort to use the courts, state legislatures and Congress to try to overturn his defeat.Jenna Ellis drafted a memo on how Mr. Trump could invalidate the election results by exploiting an obscure law. Sidney Powell, a lawyer who worked on many of the lawsuits with Mr. Giuliani, ran an organization that raised millions of dollars based on false claims that election machines were rigged. Boris Epshteyn pursued allegations of election fraud in Nevada and Arizona and is said to have participated in a call with Mr. Trump on the morning of Jan. 6, “during which options were discussed to delay the certification of election results,” the committee said.“The four individuals we’ve subpoenaed today advanced unsupported theories about election fraud, pushed efforts to overturn the election results or were in direct contact with the former president about attempts to stop the counting of electoral votes,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement.The subpoena to Mr. Giuliani, obtained by The New York Times, seeks all documents he has detailing the pressure campaign he and other Trump allies initiated targeting state officials; the seizure of voting machines; contact with members of Congress; any evidence to support the bizarre conspiracy theories pushed; and any arrangements for his attorney’s fees.The panel instructed the four witnesses to turn over documents and submit to an interview in February.The latest subpoenas came as the committee, which has interviewed nearly 400 witnesses, has issued a wide range of demands for records, including to banks and phone companies. On Tuesday, CNN reported that the committee had also obtained logs of phone calls and text messages belonging to the former president’s son Eric Trump and to Kimberly Guilfoyle, the girlfriend of another son, Donald Trump Jr. The logs do not reveal the content of the messages.A committee spokesman declined to comment on that report.For weeks after the election, Mr. Giuliani and his team — which Ms. Ellis described as an “elite strike force” — promoted baseless claims of voter fraud through failed lawsuits, news conferences, media appearances and meetings with lawmakers.The committee said in a letter to Mr. Giuliani that its investigation had revealed “credible evidence” that he participated in attempts to “disrupt or delay the certification of the election results,” persuade state legislators to “take steps to overturn the election results” and urge Mr. Trump to order the seizure of voting machines.Mr. Giuliani claimed fraud at a series of unofficial state legislative hearings, and even argued one election fraud case himself, in federal court in Philadelphia, where he suffered a decisive defeat.“Voters, not lawyers, choose the president,” the court declared at one point.On Jan. 6, speaking to a crowd of Trump supporters before the attack on the Capitol, Mr. Giuliani called for “trial by combat.” Later, as the building was under siege, he called lawmakers in an attempt to delay the certification of Joseph R. Biden Jr.’s victory.“Senator Tuberville, or I should say Coach Tuberville, this is Rudy Giuliani, the president’s lawyer,” Mr. Giuliani said in a voice mail message intended for Senator Tommy Tuberville, Republican of Alabama, but mistakenly left on the phone of Senator Mike Lee, Republican of Utah. “I’m calling you because I want to discuss with you how they’re trying to rush this hearing and how we need you, our Republican friends, to try to just slow it down.”Ms. Ellis, the committee said, “prepared and circulated” two memos analyzing the constitutional authority for former Vice President Mike Pence to reject or delay counting electoral votes from states where Mr. Trump’s allies had attempted to arrange for the submission of an alternate slate of electors. In the memos, obtained by Politico, Ms. Ellis advised that Mr. Pence had the authority to not count electoral votes from six states in which the Trump campaign falsely alleged there was widespread fraud.Ms. Powell was among the leading promoters of some of the most far-fetched and fantastical claims of widespread voter fraud, including a bizarre conspiracy theory alleging a vast plot by China, Venezuela and the financier George Soros to hack into Dominion Voting Systems machines to flip votes away from Mr. Trump to Mr. Biden.She, too, urged Mr. Trump to seize voting machines, according to the committee.In December, Mr. Trump considered naming Ms. Powell to be a special counsel overseeing an investigation of voter fraud, even after his campaign had sought to distance itself from her as she aired wild and baseless claims about Dominion voting machines.Her organization, Defending the Republic, raised $14.9 million between December 2020 and July. Ms. Powell’s group has more than $9.3 million in funds on hand, according to an independent audit filed with Florida, which investigated the organization and alleged multiple violations of state law.Mr. Epshteyn reportedly attended planning meetings at the Willard Hotel in the days leading up to Jan. 6, the committee said. The panel, citing reporting from The Guardian, said he also participated in a call with Mr. Trump the morning of Jan. 6 that included a discussion of Mr. Pence’s “unwillingness to deny or delay the certification.”Key Figures in the Jan. 6 InquiryCard 1 of 14The House investigation. More

  • in

    Jan. 6 Panel Subpoenas Retired Colonel Who Shared Plan to Overturn Election

    Phil Waldron has been under scrutiny since a 38-page PowerPoint he circulated was turned over to the panel by former President Donald J. Trump’s last chief of staff.WASHINGTON — The House committee investigating the Jan. 6 attack at the Capitol issued a subpoena on Thursday for Phil Waldron, a retired Army colonel with a background in information warfare who had circulated a detailed and extreme plan to overturn the 2020 election.The committee has been scrutinizing Mr. Waldron’s role in spreading false information about the election since a 38-page PowerPoint presentation he circulated on Capitol Hill was turned over to the panel by Mark Meadows, President Donald J. Trump’s last chief of staff, who denied having anything to do with it.“The document he reportedly provided to administration officials and members of Congress is an alarming blueprint for overturning a nationwide election,” Representative Bennie Thompson, Democrat of Mississippi and chairman of the committee, said.Waldron said he had not yet seen the subpoena and declined to comment.The PowerPoint — titled “Election Fraud, Foreign Interference & Options for 6 JAN” — recommended that Mr. Trump declare a national emergency to cling to power and included the false claim that China and Venezuela had obtained control over the voting infrastructure in a majority of states.On Jan. 4, associates of Mr. Waldron spoke to a group of senators and informed them about the allegations of election fraud in the PowerPoint, Mr. Waldron told The New York Times recently in an interview. On Jan. 5, he said, he personally briefed a small group of House members whom he did not identify; that discussion also focused on baseless claims of foreign interference in the election. He said he had made the document available to the lawmakers.Mr. Waldron told The Washington Post that he had contributed to the creation of the document and had visited the White House several times after last year’s election, and spoken with Mr. Meadows “maybe eight to 10 times.”Mr. Waldron, who specialized in psychological influence operations and once was deployed to Iraq, retired from the military in 2016 after 30 years of service. He appears to lead a quieter life these days, describing himself on his LinkedIn page as the founder, forklift driver and floor sweeper at One Shot Distillery and Brewery in Dripping Springs, Texas.Understand the U.S. Capitol RiotOn Jan. 6, 2021, a pro-Trump mob stormed the Capitol.What Happened: Here’s the most complete picture to date of what happened — and why.Timeline of Jan. 6: A presidential rally turned into a Capitol rampage in a critical two-hour time period. Here’s how.Key Takeaways: Here are some of the major revelations from The Times’s riot footage analysis.Death Toll: Five people died in the riot. Here’s what we know about them.Decoding the Riot Iconography: What do the symbols, slogans and images on display during the violence really mean?But almost as soon as the 2020 polls closed, he joined a wide-ranging effort to persuade the public and key Republican politicians that the vote count had been marred by rampant fraud.By mid-November, Mr. Waldron was in contact with Rudolph W. Giuliani, Mr. Trump’s personal lawyer, who at the time was overseeing challenges to the election. Mr. Waldron fed Mr. Giuliani information about alleged attempts by foreign powers to hack American voting machines and about suspected left-wing operatives who were working for the vote tabulation company Dominion Voting Systems. Some of these baseless claims ultimately made their way into federal lawsuits attacking Dominion’s role in the election that were filed by the pro-Trump lawyer Sidney Powell.“Colonel in the military, great war record,” Mr. Giuliani later said of Mr. Waldron in a deposition he gave in a defamation lawsuit brought by a Dominion employee. “I’ve had substantial dealings with him and he’s very, very thorough and very experienced in this kind of work.”Mr. Giuliani said his legal team put up a “big whiteboard” that laid out its strategies while he and fellow lawyers, including Ms. Powell and Jenna Ellis, ran operations as “really active supervisors.”Mr. Giuliani said another lawyer, Boris Epshteyn, was focusing on fraud allegations in Nevada and Arizona, while Mr. Waldron was investigating conspiracies related to Dominion voting machines.“If I were to think of Dominion, I would think of Sidney carrying the ball on that, with everybody else helping, and Phil was the investigator,” Mr. Giuliani said.Mr. Waldron also participated in meetings at the Willard Hotel in Washington, D.C., in early January to plan ways to challenge the election results, according to the committee.Key Aspects of the Jan. 6 InquiryCard 1 of 8The House investigation. More

  • in

    House Panel Subpoenas Roger Stone and Alex Jones in Capitol Riot Inquiry

    Investigators summoned five more allies of former President Donald J. Trump as they dug further into the planning and financing of rallies before the Jan. 6 attack.WASHINGTON — The House committee investigating the Capitol attack issued five new subpoenas on Monday, focusing on allies of former President Donald J. Trump who helped draw crowds to Washington before the riot on Jan. 6, including the political operative Roger J. Stone Jr. and the conspiracy theorist Alex Jones.The subpoenas, which come after the committee has interviewed more than 200 witnesses, indicate that investigators are intent on learning the details of the planning and financing of rallies that drew Mr. Trump’s supporters to Washington based on his lies of a stolen election, fueling the violence that engulfed Congress and delayed the formalization of President Biden’s victory.“We need to know who organized, planned, paid for and received funds related to those events, as well as what communications organizers had with officials in the White House and Congress,” said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee.Mr. Stone promoted his attendance at the rallies on Jan. 5 and 6, and solicited support to pay for security through the website stopthesteal.org. While in Washington, he used members of the Oath Keepers as personal security guards; at least one of them has been indicted on charges that he was involved in the Capitol attack.In a statement, Mr. Stone said he had not yet been served with the subpoena and denied any involvement with the violence.“I have said time and time again that I had no advance knowledge of the events that took place at the Capitol on that day,” he said.Mr. Jones helped organize the rally at the Ellipse near the White House before the riot — including by facilitating a donation from Julie Jenkins Fancelli, the heiress to the Publix Super Markets fortune — to provide what he described as “80 percent” of the funding, the House committee said. Mr. Jones has said that White House officials told him that he was to lead a march to the Capitol, where Mr. Trump would speak, according to the committee.Mr. Stone and Mr. Jones were among the group of Trump allies meeting in and around the Willard Intercontinental Hotel near the White House the day before the riot.Mr. Stone, a longtime Trump adviser, was seen flashing his signature Nixon victory sign to supporters as members of the Oath Keepers protected him. He was also photographed on Jan. 5 with Michael T. Flynn, the former national security adviser who has also been subpoenaed. But Mr. Stone has claimed that he was leaving town as rioters stormed the Capitol.Mr. Stone said he had decided against a plan to “lead a march” from the Ellipse to the Capitol on Jan. 6, according to a video posted on social media.Mr. Jones conducted an interview of Mr. Flynn from the Willard on Jan. 5 in which the men spread the false narrative of a stolen election. Mr. Jones was then seen among the crowd of Mr. Trump’s supporters the next day, amplifying false the claims but also urging the crowd to be peaceful. Among those who marched alongside him to the Capitol was Ali Alexander, a promoter of the “Stop the Steal” effort who has also been issued a subpoena, the committee said.“The White House told me three days before, ‘We’re going to have you lead the march,’” Mr. Jones said on his internet show the day after the riot. “Trump will tell people, ‘Go, and I’m going to meet you at the Capitol.’”The panel is also demanding documents and testimony from Dustin Stockton and his fiancée, Jennifer L. Lawrence, who assisted in organizing a series of rallies after the election advancing false claims about its outcome.Mr. Stockton was concerned that the rally at the Ellipse would lead to a march to the Capitol that would mean “possible danger,” which he said “felt unsafe,” the committee said. These concerns were escalated to Mark Meadows, the White House chief of staff.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

  • in

    Jan. 6 Panel Subpoenas Flynn and Eastman, Scrutinizing Election Plot

    The latest batch of subpoenas from the House select committee investigating the Capitol riot also includes officials from former President Donald J. Trump’s re-election campaign.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol issued new subpoenas on Monday for a half-dozen allies of former President Donald J. Trump, including his former national security adviser Michael T. Flynn, as it moved its focus to an orchestrated effort to overturn the 2020 election.The subpoenas reflect an effort to go beyond the events of the Capitol riot and delve deeper into what committee investigators believe gave rise to it: a concerted campaign by Mr. Trump and his network of advisers to promote false claims of voter fraud as a way to keep him in power. One of the people summoned on Monday was John Eastman, a lawyer who drafted a memo laying out how Mr. Trump could use the vice president and Congress to try to invalidate the election results.In demanding records and testimony from the six Trump allies, the House panel is widening its scrutiny of the mob attack to encompass the former president’s attempt to enlist his own government, state legislators around the country and Congress in his push to overturn the election.Mr. Flynn discussed seizing voting machines and invoking certain national security emergency powers after the election. Mr. Eastman wrote a memo to Mr. Trump suggesting that Vice President Mike Pence could reject electors from certain states during Congress’s count of Electoral College votes to deny Joseph R. Biden Jr. a majority. And Bernard Kerik, the former New York police commissioner who was also subpoenaed, participated in a planning meeting at the Willard Hotel in Washington on Jan. 5 after backing baseless litigation and “Stop the Steal” efforts around the country to push the lie of a stolen election.“In the days before the Jan. 6 attack, the former president’s closest allies and advisers drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes,” Representative Bennie Thompson, Democrat of Mississippi and the committee chairman, said in a statement. “The select committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot and who paid for it all.”The panel also issued subpoenas for Bill Stepien, Mr. Trump’s campaign manager, who supervised its conversion into a “Stop the Steal” operation; and Jason Miller, a senior adviser to the campaign who participated at the Jan. 5 meeting at the Willard, where associates discussed pressuring Mr. Pence not to certify the Electoral College results.Also included in the group that received subpoenas on Monday was Angela McCallum, the Trump campaign’s national executive assistant, who left a voice message for an unknown Michigan state representative in which she said she wanted to know whether the campaign could “count on” the representative to help appoint an alternate slate of electors.The subpoenas — which bring to 25 the number issued by the committee — require that the witnesses turn over documents this month and sit for depositions in early December. More than 150 witnesses have testified in closed-door sessions with the committee’s investigators.In a statement on Monday evening, Mr. Kerik said his lawyer had accepted the committee’s subpoena, but he defended his actions. He said that Rudolph W. Giuliani, Mr. Trump’s personal lawyer, had brought him into the legal effort to investigate claims of voter fraud, but he argued that he had nothing to do with plans to try to sway Congress.“I was not hired to overturn the will of the people — only to look into the integrity of the process and ensure that the results accurately reflected the will of the people,” Mr. Kerik said. “As to the events of Jan. 6, I was not involved.”Mr. Flynn, Mr. Eastman, Mr. Stepien, Mr. Miller and Ms. McCallum did not immediately respond to requests for comment..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The panel’s latest move indicates that it is zeroing in on how — in the days and weeks before a throng of Mr. Trump’s supporters stormed the Capitol and disrupted Congress’s counting of votes — the former president’s closest associates were planning an effort stretching from the Oval Office, the House and Senate to state officials across the country.Critical to that push, investigators believe, was the meeting the day before the riot at the Willard Hotel. The Washington Post reported that Mr. Kerik paid for rooms and suites in Washington hotels as he worked with Mr. Giuliani on “Stop the Steal” efforts.“They are really honing in on this strategy at the Willard Hotel,” said Barbara L. McQuade, a former U.S. attorney and a law professor at the University of Michigan. “If it’s a campaign war room, that’s one thing. But the question is: To what extent are they looking at blocking the certification of the election? The Eastman memo is a real smoking gun. It really appears to be a concerted effort here.”Even as the committee ramps up its inquiry, it is facing stonewalling from Mr. Trump and many of his allies, whom he has directed to defy the panel based on a claim of executive privilege.Mr. Trump has filed suit against the committee to keep secret at least 770 pages of documents concerning handwritten notes, draft speeches and executive orders, and records of his calls, meetings and emails with state officials. But the Biden administration has declined to support his claim to executive privilege, arguing that there is no such prerogative for documents related to an attempt to undermine democracy and the presidency itself.The Justice Department is weighing whether to charge Stephen K. Bannon with criminal contempt of Congress after the House voted last month to recommend his prosecution for defying its subpoena. Another witness, Jeffrey Clark, a former Justice Department official who was involved in frenzied efforts to overturn the election, refused to cooperate on Friday.Mr. Flynn, who spent 33 years as an Army intelligence officer, has emerged as one of the most extreme voices in Mr. Trump’s push to overturn the election.Mr. Flynn attended a meeting in the Oval Office on Dec. 18 in which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers and continuing to spread the false message that the 2020 election was tainted by widespread fraud, the committee said. That meeting came after Mr. Flynn gave an interview to the right-wing site Newsmax in which he talked about the purported precedent for deploying military troops and declaring martial law to “rerun” the election.Mr. Stepien helmed Mr. Trump’s re-election campaign, which urged state and party officials to affect the outcome of the election by asking states to delay or deny the certification of electoral votes and by sending multiple slates of the votes to Congress to allow a challenge to the results, the committee said. In particular, Mr. Stepien supervised a fund-raising effort that sought to profit off the election challenges and promote lies about voting machines that campaign staff had determined to be false, the committee said.Mr. Trump and the Republican Party raised $255.4 million in the eight weeks after the election as he promoted unfounded accusations of fraud.Mr. Eastman has been the subject of intense scrutiny in recent weeks after it was revealed that he wrote a memo to Mr. Trump suggesting that Mr. Pence could reject electors from certain states. Mr. Eastman is also reported to have participated in a briefing for nearly 300 state legislators, during which he told the group that it was their duty to “fix this, this egregious conduct, and make sure that we’re not putting in the White House some guy that didn’t get elected,” the committee said.He met with Mr. Trump and Mr. Pence to push his arguments, participated in the meeting at the Willard and spoke at the “Stop the Steal” rally on the Ellipse on Jan. 6, before the Capitol assault. As violence broke out, he sent a message blaming Mr. Pence for not going along with his plan. More

  • in

    House Finds Bannon in Contempt for Defying Jan. 6 Inquiry Subpoena

    The vote came after a bitterly partisan debate over the Capitol attack and as Republicans sought to deflect questions about Donald J. Trump’s role in the violence.The House recommended that Stephen K. Bannon, a former top adviser to President Donald J. Trump, face criminal contempt charges for refusing to cooperate with its select committee’s investigation into the Jan. 6 Capitol riot.Carlos Bernate for The New York TimesWASHINGTON — The House voted on Thursday to find Stephen K. Bannon in criminal contempt of Congress for stonewalling the investigation into the Jan. 6 Capitol attack, pressing for information from a close ally of Donald J. Trump even as Republicans moved to insulate the former president from accountability.The vote of 229 to 202, mostly along party lines, came after Mr. Bannon refused to comply with a subpoena from the House select committee investigating the assault, declining to provide the panel with documents and testimony. The action sent the matter to the Justice Department, which now must decide whether to prosecute Mr. Bannon and potentially set off a legal fight that could drag on for months or years.But what was clear on Thursday was that nine months after the deadliest attack on the Capitol in two centuries, many Republicans in Congress remain bent on whitewashing, ignoring or even validating what took place as their party continues to embrace the lie of a stolen election. Only nine Republicans joined Democrats in voting to enforce the panel’s subpoena.The rest followed the lead of Mr. Trump, who in a statement before the vote derided the election he lost as a crime and praised the mob attack — which injured 140 police officers and claimed several lives — as a legitimate response.“The insurrection took place on Nov. 3, Election Day,” Mr. Trump wrote. “Jan. 6 was the protest!”Before the vote, Republicans argued that the investigation — which Democrats undertook after Republicans blocked the formation of an independent, bipartisan inquiry — was a partisan exercise devised to smear Mr. Trump and persecute his supporters for their political beliefs.On the House floor, Representative Jim Jordan, Republican of Ohio and an ardent Trump supporter, accused the committee of harassing Mr. Bannon and organizers of the “Stop the Steal” rally that preceded the riot.“You’re involved in political activity? They’re going to investigate you,” Mr. Jordan said. “You know what this is really about: getting at President Trump.”Representative Jim McGovern, Democrat of Massachusetts, condemned the former president’s comments and the way Republicans continued to follow his lead.“We live in an age where apparently, some put fidelity to Donald Trump over fidelity to the Constitution,” he said.“He is so feared,” Mr. McGovern added, “that my Republican colleagues are going to keep denying what happened that day.”Representative Liz Cheney of Wyoming, who broke sharply with Mr. Trump, pleaded with her fellow Republicans to stop following him down a path that she warned would lead to ruin.“There’s a moment when politics must stop if we want to defend and protect our institutions,” said Ms. Cheney, the vice chairwoman of the select committee. “A violent assault on the Capitol to stop a constitutional process of counting electoral votes is that moment.”The question of what will happen to Mr. Bannon now goes to the Justice Department, where Attorney General Merrick B. Garland has declined to say whether he will move forward with charges.“We’ll apply the facts in the law and make a decision, consistent with the principles of prosecution,” he told the House Judiciary Committee during an oversight hearing on Thursday.The question of what will happen to Mr. Bannon now goes to the Justice Department. Attorney General Merrick B. Garland has declined to say whether he will move forward with charges.Stefani Reynolds for The New York TimesPresident Biden has endorsed prosecuting those who do not cooperate with the investigation. On Thursday, he made a point of condemning the riot and its origins.“The violent, deadly insurrection on the Capitol nine months ago — it was about white supremacy,” Mr. Biden said in a speech on Thursday to commemorate the 10th anniversary of the Martin Luther King Jr. monument in Washington.Robert J. Costello, Mr. Bannon’s lawyer, informed the House committee this month that his client would not comply with its subpoena, citing Mr. Trump’s directive for his former aides and advisers to invoke immunity and refrain from turning over documents that might be protected under executive privilege.Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.Members of the investigative committee, which is controlled by Democrats, believe that Mr. Bannon has crucial information about plans to undermine Mr. Biden’s victory, including conversations Mr. Bannon had with Mr. Trump in which he urged the former president to focus his efforts on Jan. 6.In its report recommending that the House find Mr. Bannon in contempt, the committee repeatedly cited comments he made on his radio show on Jan. 5 — when Mr. Bannon promised “all hell is going to break loose tomorrow” — as evidence that “he had some foreknowledge about extreme events that would occur the next day.”“He was deeply involved in the so-called Stop the Steal campaign,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said of Mr. Bannon. “We know that the forces that tried to overturn the election persist in their assault on the rule of law.”Representative Liz Cheney, Republican of Wyoming, was stripped of her leadership post over her opposition to Mr. Trump’s election lies. She has pleaded with her colleagues to stop enabling him.Stefani Reynolds for The New York TimesMs. Cheney has suggested that Mr. Trump’s insistence on asserting executive privilege is evidence that he was “personally involved” in the plot to overturn the election on Jan. 6.“Today,” she noted, “the former president suggested that the violence was justified.”Ms. Cheney was one of nine Republicans to join House Democrats in voting to find Mr. Bannon in criminal contempt. The others were Representatives Adam Kinzinger of Illinois, the other Republican member of the panel; Anthony Gonzalez of Ohio; John Katko of New York; Nancy Mace of South Carolina; Jaime Herrera Beutler of Washington; Brian Fitzpatrick of Pennsylvania; and Fred Upton and Peter Meijer, both of Michigan.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

  • in

    Jan. 6 Panel Moves to Recommend Criminal Charges Against Bannon

    The House select committee investigating the Capitol riot will vote next week to recommend a criminal contempt of Congress charge against Stephen K. Bannon after he defied a subpoena.WASHINGTON — The chairman of the House inquiry into the Jan. 6 attack on the Capitol said the committee would move next week to recommend that Stephen K. Bannon, a former top adviser to President Donald J. Trump, face criminal contempt charges for refusing to cooperate with its investigation.The move would escalate what is shaping up to be a major legal battle between the select committee and the former president over access to crucial witnesses and documents that could shed light on what precipitated the assault, when a pro-Trump mob stormed the Capitol and disrupted Congress’s formal count of the votes that confirmed President Biden’s election.The fight will test how far Congress will be able to go in pressing forward on the investigation in the face of stonewalling by the former president. Should the House ultimately approve the referral, as expected, the Justice Department would decide whether to accept it and pursue a criminal case.So far, the Biden administration has taken the unusual step of refusing to honor Mr. Trump’s claims of executive privilege, which can shield White House deliberations or documents involving the president from disclosure.Mr. Bannon informed the panel last week that he would defy a subpoena, in accordance with a directive from Mr. Trump, who has told former aides and advisers that they should not cooperate because the information requested is privileged.“Mr. Bannon has declined to cooperate with the select committee and is instead hiding behind the former president’s insufficient, blanket and vague statements regarding privileges he has purported to invoke,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement.The committee, which is controlled by Democrats, will consider the referral on Tuesday and is all but certain to agree to it. That would send the criminal contempt citation to the full House, where Democrats have the votes to approve it. The matter would then be sent to the Justice Department with a recommendation that officials pursue a legal case against Mr. Bannon.The cumbersome procedure reflects a challenging reality that Democrats are grappling with as they delve deeper into the Jan. 6 inquiry. Congress is a legislative body, not a law enforcement entity, and its ability to compel cooperation and punish wrongdoing on its own is inherently limited. Its investigative tools are only as powerful as the courts decide, and the process of waging legal fights to secure crucial information and witnesses is likely to be a prolonged one.Robert J. Costello, a lawyer for Mr. Bannon, said in a letter to the committee on Wednesday that his client would not produce documents or testimony “until such time as you reach an agreement with President Trump” on claims of executive privilege “or receive a court ruling.”The case of Mr. Bannon is particularly tricky because he has not been an executive branch official since he left the White House in 2017, and any conversations he may have had with Mr. Trump pertaining to Jan. 6 are likely to have fallen outside the former president’s official duties.No court has definitively said whether conversations with private citizens are covered by executive privilege, which is generally extended in relation to conversations or documents that pertain to presidential duties.“Privilege for a private citizen, who was potentially talking about things outside of the president’s official duties, has never been tested in court,” said Jonathan D. Shaub, a law professor at the University of Kentucky who worked at the Justice Department’s Office of Legal Counsel.Even as it moves aggressively against Mr. Bannon, the panel has taken a different approach to two other advisers to Mr. Trump who have so far declined to comply with its subpoenas but have not stonewalled the inquiry entirely.Mark Meadows, the former White House chief of staff, and Kash Patel, a former Pentagon chief of staff, were also summoned to sit for depositions this week, but they are not yet facing contempt citations for failing to do so.The committee said it was in communication with Mr. Meadows and Mr. Patel, and a person with knowledge of those talks said that lawmakers were likely to grant them a delay before testifying. Dan Scavino Jr., a former White House deputy chief of staff under Mr. Trump, was served with his subpoena last week.For years while Mr. Trump was president, administration officials refused to comply with congressional subpoenas, thumbing their noses at Democratic lawmakers on matters from election interference to census questions. Democrats, in turn, opted not to try to press their claims in court, concluding that the process would be too time-consuming to be effective, particularly in the case of Mr. Trump’s impeachment.Now that he has left office, Democrats and Mr. Biden’s Justice Department must decide how aggressive they want to be in waging legal battles to insist on congressional prerogatives. That includes the question of whether to try to compel cooperation in the investigation from Mr. Trump himself, which Mr. Thompson has repeatedly said was possible, but which raises legal and logistical challenges that many Democrats privately say make it unlikely.Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.But the Justice Department has generally refrained from prosecuting executive branch officials when they have refused to comply with subpoenas, and Congress has voted to hold them in contempt, according to a 2019 Congressional Research Service report.Justice Department legal opinions from 1984 and 2008 say that the department will not prosecute officials for complying with a president’s formal assertion of privilege over conversations or documents.In 2015, the Justice Department under President Barack Obama said it would not seek criminal contempt charges against Lois Lerner, a former I.R.S. official; and in 2019, the department under Mr. Trump made a similar decision, rebuffing Congress on behalf of Attorney General William P. Barr and Commerce Secretary Wilbur Ross.The last person charged with criminal contempt of Congress, Rita M. Lavelle, a former federal environmental official under President Ronald Reagan, was found not guilty in 1983 of failing to appear at a congressional subcommittee hearing. She was later sentenced to jail for lying to Congress.Jeffrey S. Robbins, a former federal prosecutor and a partner at the law firm Saul Ewing Arnstein & Lehr, said under different circumstances, the committee might face an uphill battle enforcing the subpoena: if the Justice Department were still under Mr. Trump, Congress were in Republican hands, or there were a reasonable argument — such as protecting national security — for invoking executive privilege. In this case, Mr. Robbins said, none of those circumstances existed.“It’s open contempt of a subpoena without an apparent basis,” said Mr. Robbins, who teaches a course on congressional investigations at Brown University. He called the invocation of executive privilege “patently bogus,” adding, “It’s difficult to imagine it will not be referred for prosecution.”Once Congress votes to hold Mr. Bannon in contempt, the next step would be to refer the matter to the U.S. attorney in Washington. If the White House determines that no claim of executive privilege applies, the U.S. attorney’s office would then decide whether to bring the case before a grand jury, in consultation with top Justice Department officials.But if Mr. Bannon were to sue over the issue, the Justice Department would most likely follow past practice and wait for the courts to resolve the lawsuit before bringing the contempt charge before a grand jury, Mr. Shaub said.In letters transmitting its subpoenas to Mr. Bannon and the three former Trump administration officials, the committee said it was seeking information about the president’s actions in the run-up to and during the riot.Mr. Bannon reportedly communicated with Mr. Trump on Dec. 30 and urged him to focus his efforts on Jan. 6, the committee said. He was also present at a meeting at the Willard Hotel in Washington the day before the violence, when plans were discussed to try to overturn the results of the election the next day, the committee stated. Mr. Bannon was quoted as saying, “All hell is going to break loose tomorrow.”On Wednesday, the committee also issued a subpoena to Jeffrey Clark, a former Justice Department official who was involved in Mr. Trump’s efforts to overturn the election. The committee’s action came the same day it heard lengthy closed-door testimony from Jeffrey A. Rosen, the former acting attorney general, who has testified publicly and privately about the final days of the Trump administration, when the former president was pressing top officials to use the Justice Department to advance false claims of election fraud.In private testimony before the Senate Judiciary Committee, Mr. Rosen said that Mr. Clark had told him that Mr. Trump was getting ready to fire Mr. Rosen and endorse Mr. Clark’s strategy of pursuing conspiracy theories about the hacking of voting booths and fraud.“Well, I don’t get to be fired by someone who works for me,” Mr. Rosen said he told Mr. Clark. More