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      Jan 6 hearings: Trump is ‘clear and present danger to American democracy’, conservative judge warns – as it happened

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      J Michael Luttig, a former US appellate court judge who is considered one of the top conservative legal minds in the United States, has warned the January 6 committee that Donald Trump poses a continuing danger to the country’s democracy.“Donald Trump and his allies and supporters are a clear and present danger to American democracy,” Luttig said. “That’s not because of what happened on January 6. It’s because to this very day, the former president and his allies and supporters pledge that in presidential election of 2024, if the former president or his anointed successor as the Republican party presidential candidate were to lose that election, that they would attempt to overturn that 2024 election in the same way that they attempted to overturn the 2020 election but succeed in 2024 where they failed in 2020.”“That’s what the former president and his allies are telling us,” Luttig said.The US politics live blog is ending its day following the third hearing of the January 6 committee, which revealed that the architect of Trump’s strategy to overturn the election sought a pardon from the president, and featured a warning from a noted conservative jurist that the former president jeopardizes American democracy. Meanwhile, Trump’s troubles in court continued.Here’s what else was in the news:
      President Joe Biden defended his economic record in an interview with the Associated Press, saying a recession was “not inevitable” despite troublingly high inflation and the Federal Reserve’s aggressive moves to lower it.
      John Hinckley, who shot president Ronald Reagan in 1981, was released from court oversight and celebrated on Twitter, as one does.
      Senators continued work on a bipartisan gun control compromise, with the main Republican negotiator saying an agreement needed to be reached today.
      The January 6 committee said it wants to talk to Ginni Thomas following a report from The Washington Post that the wife of conservative supreme court justice Clarence Thomas corresponded with John Eastman, the Trump lawyer who plotted to overturn the election.
      Deborah Birx, the White House pandemic response coordinator under Trump, will testify before Congress next week for the first time .
      Biden campaigned on fighting climate change, but many of his proposals to do that have stalled in Congress. The Guardian’s Oliver Milman reports that whether or not Washington takes meaningful action to cut its emissions may determine if millions of people live or die:The rapidly shrinking window of opportunity for the US to pass significant climate legislation will have mortal, as well as political, stakes. Millions of lives around the world will be saved, or lost, depending on whether America manages to propel itself towards a future without planet-heating emissions.For the first time, researchers have calculated exactly how many people the US could save by acting on the climate crisis. A total of 7.4 million lives around the world will be saved over this century if the US manages to cut its emissions to net zero by 2050, according to the analysis.The financial savings would be enormous, too, with a net zero America able to save the world $3.7tn in costs to adapt to the rising heat. As the world’s second largest polluter of greenhouse gases, the US and its political vagaries will in large part decide how many people in faraway countries will be subjected to deadly heat, as well as endure punishing storms, floods, drought and other consequences of the climate emergency.How millions of lives can be saved if the US acts now on climateRead morePresident Joe Biden has defended his economic record in an interview with the Associated Press, downplaying the risk of a recession but acknowledging that many Americans are going through hard times.Biden doesn’t grant very many interviews, and this encounter comes after a slew of grim economic developments. These include worse-than-expected inflation numbers in May that show prices continuing to rise, gasoline at a record high and aggressive Federal Reserve action that’s raised fears the economy could be set for a prolonged contraction.All of these have been factors in his record-low approval ratings.Here’s the president’s perspective on the state of the world’s largest economy:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}He said a recession is not inevitable and bristled at claims by Republican lawmakers that last year’s COVID-19 aid plan was fully to blame for inflation reaching a 40-year high, calling that argument “bizarre.”
      As for the overall American mindset, Biden said, “People are really, really down.”
      “They’re really down,” he said. “The need for mental health in America, it has skyrocketed, because people have seen everything upset. Everything they’ve counted on upset. But most of it’s the consequence of what’s happened, what happened as a consequence of the COVID crisis.”
      Speaking to the AP in a 30-minute Oval Office interview, Biden addressed the warnings by economists that the United States could be headed for a recession.
      “First of all, it’s not inevitable,” he said. “Secondly, we’re in a stronger position than any nation in the world to overcome this inflation.”
      The president said he saw reason for optimism with the 3.6% unemployment rate and America’s relative strength in the world.
      “Be confident, because I am confident we’re better positioned than any country in the world to own the second quarter of the 21st century,” Biden said. “That’s not hyperbole, that’s a fact.”The January 6 committee has concluded for the day, but before they finished, they revealed a key piece of information about the conduct of John Eastman, the lawyer who crafted former president Donald Trump’s strategy to overturn the election in 2020.Eastman sought a pardon from Trump in the closing days of his presidency, writing to Rudy Giuliani, another lawyer for the president, “I’ve decided that I should be on the pardoned list, if that is still in the works.” The committee added that he did not receive one.Eastman’s actions were covered in detail at today’s hearing, particularly his efforts to convince Mike Pence that his position as vice-president gave him the authority to hand the election to Trump when Congress met to certify on January 6, 2021. Pence declined to do that.Trump lawyer knew plan to delay Biden certification was unlawful, emails showRead moreJ Michael Luttig, a former US appellate court judge who is considered one of the top conservative legal minds in the United States, has warned the January 6 committee that Donald Trump poses a continuing danger to the country’s democracy.“Donald Trump and his allies and supporters are a clear and present danger to American democracy,” Luttig said. “That’s not because of what happened on January 6. It’s because to this very day, the former president and his allies and supporters pledge that in presidential election of 2024, if the former president or his anointed successor as the Republican party presidential candidate were to lose that election, that they would attempt to overturn that 2024 election in the same way that they attempted to overturn the 2020 election but succeed in 2024 where they failed in 2020.”“That’s what the former president and his allies are telling us,” Luttig said.John Eastman himself has finally appeared, this time in a frosty videotaped deposition shown by the committee. “I assert my fifth amendment right against being compelled to be a witness against myself,” Eastman said in the compilation of clips from the encounter, which shows lawyers from the committee asking Eastman a series of questions about his actions around January 6.“Fifth,” he replies to each one.Before that aired, former White House attorney Eric Herschmann described a call from Eastman the day after the attack.“He started to ask me about something dealing with Georgia and preserving something potentially for appeal. And I said to him, are you out of your effing mind?” Herschmann recalls. “I only want to hear two words coming out of your mouth for now on: orderly transition,” he said he told Eastman. “I don’t want to hear any other effing words coming out of your mouth, no matter what.”“Eventually, he said ‘orderly transition.’ I said, good, John. Now I’m going to give you the best free legal advice you’re ever getting in your life. Get a great effing criminal defense lawyer, you’re going to need it. And then I hung up on him,” Herschmann said.Even after the Capitol had been stormed, Trump lawyer John Eastman continued to pressure Pence to try to overturn the election.“I implore you one last time, can the vice-president please do what we’ve been asking him to do these last two days: suspend the joint session, send it back to the states,” Pence’s counselor Greg Jacob recalls Eastman asking, citing alleged violations of the Electoral Count Act during the joint session of Congress disrupted by the insurrection.The committee is now dealing with the storming of the Capitol, showing Pence working in what looks like a loading dock after evacuating the Senate chamber as the rioters approached.“Make no mistake about the fact that the vice-president’s life was in danger,” Representative Pete Aguilar said, pointing to an FBI affidavit from an informant in the Proud Boys militia group.“They said that anyone they got their hands on they would have killed including Nancy Pelosi,” the informant told the FBI, adding that “members of the Proud Boys said that they would have killed Mike Pence if given a chance.”As for Trump, Jacob said the president never called Pence to check on him, which the vice-president reacted to “with frustration.”Pence started January 6 out with a prayer with his staff, followed by what witnesses described to the committee as a nasty phone call from Trump.“The conversation was pretty heated,” testified Ivanka Trump, who saw the president on the phone.“I remember hearing the word wimp,” Nicholas Luna, an assistant to Trump, testified. “I don’t remember, he said you are a wimp. You’ll be a wimp. Wimp is the word I remember.”Gen Keith Kellogg, Pence’s national security advisor at the time, said Trump told the vice-president he was “not tough enough to make the call.”The January 6 committee has resumed its hearing, after spending most of the past two hours detailing the pressure campaign in the days before the insurrection against vice-president Mike Pence.“Despite the fact that the vice-president consistently told the president that he did not have and would not want the power to decide the outcome of the presidential election, Donald Trump continued to pressure the vice-president, both publicly and privately,” California Democrat Pete Aguilar said as the hearing resumed.“You will hear things reached a boiling point on January 6, and the consequences were disastrous.” More

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      Pence was 40ft from mob on January 6: ‘Vice-president’s life was in danger’

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      Pence was 40ft from mob on January 6: ‘Vice-president’s life was in danger’Committee hearing details how Trump whipped up hostility towards Pence for refusing to overturn election Marching on the US Capitol on 6 January 2021, a supporter of Donald Trump’s attempt to overturn the 2020 election recorded himself on his phone.Ginni Thomas sought by panel over role in Trump’s bid to overturn electionRead moreHe said: “I’m telling you, if Pence caved, we’re gonna drag motherfuckers through the streets. You fucking politicians are gonna get fucking took to the streets.”Mike Pence, Trump’s vice-president, refused to stop certification of Joe Biden’s victory. In the eyes of Trump and the mob, he did indeed “cave”.On Thursday, in their third hearing, the seven Democrats and two Republicans on the House January 6 committee also displayed a court filing from the Department of Justice revealing the shocking scope of the threat to Pence during the attack on the Capitol.The document, the California Democrat Pete Aguilar said, “explains that a confidential informant in the Proud Boys [extremist group] told the FBI the Proud Boys would have killed Mike Pence if given a chance.“The witness whom the FBI affidavit refers to stated that other members of the group … said that anyone they got their hands on would have been killed, including Nancy Pelosi”, the House speaker.Politicians were not killed, or dragged through the streets of Washington. But the mob that smashed its way into Congress gave every indication of trying. Some chanted “Hang Mike Pence”. A gallows was erected outside.In its Thursday hearing, the January 6 committee examined Trump’s pressure campaign against Pence and shone a harsh spotlight on the peril in which it placed the vice-president.Bennie Thompson, the panel chair, said: “Mike Pence’s courage put him in tremendous danger. When Mike Pence made it clear that he wouldn’t give in to Donald Trump’s scheme, Donald Trump turned the mob on him.”The committee focused on a tweet sent by Trump at 2.24pm, when he knew the Capitol had been breached and when Pence had been hustled from the Senate chamber.Trump wrote: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”The committee’s first hearing was watched by 20 million in primetime. That session revealed Trump’s chilling response when told rioters chanted that Pence should hang.Liz Cheney, the Wyoming Republican and deputy committee chair, said then: “Aware of the rioters’ chants to ‘hang Mike Pence,’ the president responded with this sentiment: ‘Maybe our supporters have the right idea.’ Mike Pence ‘deserves it’.”That bombshell came at the very start of televised hearings. In the second half of the third hearing, the committee came back to the very real threats to Pence’s safety.In recorded testimony about a conversation on 5 January 2021, Marc Short, Pence’s chief of staff, said: “The concern was for the vice-president’s security so I wanted to make sure the head of the vice-president’s Secret Service was aware it was likely, as these disagreements became more public, that the president would lash out.”Aguilar read tweets sent by Trump on 6 January in which he claimed Pence had the authority to reject electoral college results. Witnesses including Ivanka Trump discussed a call Trump placed to Pence. Nick Luna, Trump’s former body man, said: “I remember hearing the word ‘wimp’.” Ivanka Trump’s former chief of staff, Julie Radford, said Donald Trump used “the p word”, presumably a reference to “pussy”.The committee played footage of Trump telling a rally near the White House Pence could stop certification and should “come through”.Pence issued a letter saying he would not.Aguilar said: “We all know what happened next. The president’s words had an effect. President Trump’s supporters became angry. When the vice-president issued his public letter, the crowd at the Capitol erupted in anger. Rioters who had erected makeshift gallows began chanting, ‘Hang Mike Pence.’”The committee played more footage of Trump supporters.One said: “Pence is nothing but a traitor and he deserves to burn with the rest of them. Pence didn’t do what we wanted. Pence voted against Trump. That’s when we marched on the Capitol.”In the Senate chamber, a Trump supporter said: “Justice is coming.”At 2.26pm, Pence had been rushed to a secure location, an underground parking bay, where he stayed for four and a half hours.“Approximately 40ft,” Aguilar said. “That’s all there was: 40ft between the vice-president and the mob. Make no mistake, the vice-president’s life was in danger.”TopicsJanuary 6 hearingsUS Capitol attackMike PenceDonald TrumpUS politicsRepublicansnewsReuse this content More

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      Ex-judge says Pence obeying Trump would have plunged US into constitutional crisis – video

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      J Michael Luttig, a former federal judge and Republican, said during his testimony to the House select committee on the January 6 attack that Mike Pence could have plunged the US into a ‘revolution within a constitutional crisis’. If the vice-president had followed the lead of Donald Trump and rejected the result of the 2020 election, Luttig warned, the US would have faced its first constitutional crisis ‘since the founding of the republic’. In 2021, Luttig outlined his view that the vice-president had only the power to count the electoral college votes as they are cast, not to alter them or reject them

      January 6 hearings live: White House officials thought idea of Pence overturning election was ‘crazy’
      Trump brought US ‘dangerously close to catastrophe’, January 6 panel says More

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      Retired judge to testify on Trump’s ‘well-developed plan’ to overturn election at any cost – live

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      In his testimony before the January 6 committee today, former US appellate court judge J Michael Luttig will warn that the plot to overturn the 2020 election was well-coordinated and threatened the nation’s very existence, according to his opening remarks obtained by CNN.Luttig is one of two guests in Thursday’s third hearing of the committee, which will focus on Trump’s pressure campaign against vice-president Mike Pence to get him to go along with his plans to stop Joe Biden from taking office.“The war on democracy instigated by the former president and his political party allies on January 6 was the natural and foreseeable culmination of the war for America,” Luttig warns in his opening remarks. “It was the final fateful day for the execution of a well-developed plan by the former president to overturn the 2020 presidential election at any cost, so that he could cling to power that the American People had decided to confer upon his successor, the next president of the United States instead.”“Had the Vice President of the United States obeyed the President of the United States, America would immediately have been plunged into what would have been tantamount to a revolution within a paralyzing constitutional crisis,” Luttig says.Conspiracies like the effort to block the certification of Joe Biden’s election win could tear the United States apart, former vice-president Mike Pence’s lawyer Greg Jacob will tell the January 6 committee today.“The law is not a plaything for presidents or judges to use to remake the world in their preferred image,” Jacob said in his opening remarks, which do not mention Donald Trump by name but are sharply critical of the idea that Pence could unilaterally decide an election — an idea the former president promoted.“Our Constitution and our laws form the strong edifice within which our heartfelt policy disagreements are to be debated and decided. When our elected and appointed leaders break, twist, and fail to enforce our laws in order to achieve their partisan ends, or to accomplish frustrated policy objectives they consider existentially important, they are breaking America,” Jacob said.You can read the full remarks below:READ: The full statement from Pence counsel Greg Jacob to the select committee. 1/3 pic.twitter.com/2smpKVxDhk— Kyle Cheney (@kyledcheney) June 16, 2022
      Page 2 of 3 pic.twitter.com/TfQKr7sdlm— Kyle Cheney (@kyledcheney) June 16, 2022
      Page 3 of 3 pic.twitter.com/KzpxylqbUK— Kyle Cheney (@kyledcheney) June 16, 2022
      Eric Berger reports on another factor that led to the United States’s disastrous experience with Covid-19: its lack of a universal health care system:The US could have saved more than 338,000 lives and more than $105bn in healthcare costs in the Covid-19 pandemic with a universal healthcare system, according to a study.More than 1 million people died in the US from Covid, in part because the country’s “fragmented and inefficient healthcare system” meant uninsured or underinsured people faced financial barriers that delayed diagnosis and exacerbated transmission, the report states.The US had the highest death rate from the virus among large wealthy countries and is also the only one among such countries without universal healthcare. It spends almost twice as much on healthcare per capita as the other wealthy countries, according to Kaiser Family Foundation data.US could have saved 338,000 lives from Covid with universal healthcare, study findsRead moreThe House subcommittee investigating the Trump administration’s response to the pandemic announced that Deborah Birx, the former president’s Covid-19 coordinator, will testify publicly next week.For the first time, former White House Coronavirus Response Coordinator Dr. Deborah Birx will publicly testify about her role in the Trump Administration’s #COVID19 response.Tune in next week, June 23, at 10AM ET.https://t.co/aOsMX29Q1b— Select Subcommittee on the Coronavirus Crisis (@COVIDOversight) June 16, 2022
      Birx was among the public health officials who became household names during the pandemic’s worst months, but later fell out of favor with Trump. Last October, the Democratic chair of the subcommittee Jame Clyburn said its interviews with Birx “confirm that President Trump’s prioritization of politics, contempt for science, and refusal to follow the advice of public health experts undermined the nation’s ability to respond effectively to the coronavirus crisis.”The Guardian’s Hugo Lowell explain why the January 6 committee has opted to make today’s hearing about the actions of Mike Pence, who played a major role in torpedoing Trump’s plan to stop Biden from taking office:The House select committee investigating the January 6 Capitol attack intends to outline at its third hearing on Thursday how Donald Trump corruptly pressured then vice-president Mike Pence to reject the congressional certification of Joe Biden’s win in the 2020 presidential election and directly contributed to the insurrection.The panel will first examine the genesis of Trump’s pressure campaign on Pence to adopt an unconstitutional and unlawful plan to reject certified electors from certain states at the congressional certification in an attempt to give Trump a second presidential term.The select committee then intends to show how that theory – advanced by external Trump legal adviser John Eastman – was rejected by Pence, his lawyers and the White House counsel’s office, who universally told the former president that the entire scheme was unlawful.Third panel hearing will show Trump’s pressure on Pence to overturn electionRead moreIn his testimony before the January 6 committee today, former US appellate court judge J Michael Luttig will warn that the plot to overturn the 2020 election was well-coordinated and threatened the nation’s very existence, according to his opening remarks obtained by CNN.Luttig is one of two guests in Thursday’s third hearing of the committee, which will focus on Trump’s pressure campaign against vice-president Mike Pence to get him to go along with his plans to stop Joe Biden from taking office.“The war on democracy instigated by the former president and his political party allies on January 6 was the natural and foreseeable culmination of the war for America,” Luttig warns in his opening remarks. “It was the final fateful day for the execution of a well-developed plan by the former president to overturn the 2020 presidential election at any cost, so that he could cling to power that the American People had decided to confer upon his successor, the next president of the United States instead.”“Had the Vice President of the United States obeyed the President of the United States, America would immediately have been plunged into what would have been tantamount to a revolution within a paralyzing constitutional crisis,” Luttig says.The Washington Post report further detailing Ginni Thomas’s involvement in the effort to stop Joe Biden from taking office underscores just how much evidence the January 6 committee is accumulating in its effort to unravel what happened that day.It’s not clear if the lawmakers will opt to publicly explore what they’ve learned about conservative supreme court justice Clarence Thomas’s wife in the course of their investigation, but they must surely feel tempted. Thomas was the only one of the court’s nine members who dissented from a January ruling ordering the release of records from the Trump administration to the committee.The revelations about Ginni Thomas come as tensions around the court are as high as ever. Its conservative majority is widely believed to be poised to strike down the nationwide right to an abortion, and a draft opinion of the decision was leaked last month, sparking uproar. Other decisions expected in the coming days or weeks could expand the right to carry a concealed weapon, weaken the government’s ability to regulate and upend the Biden administration’s effort to end the “remain in Mexico” policy Trump implemented to stop border crossings.Trump is out of office but the court’s rightward swing is one of his legacies. Had he not won in 2016, it’s possible the institution’s ideological makeup may look quite different.Good morning, US politics blog readers! Today’s marquee event in Washington will be the third hearing of the January 6 committee, which is to center on the pressure campaign around Mike Pence, the vice-president to Donald Trump. The Washington Post is reporting that the committee is also considering what to do with new evidence that shows Ginni Thomas, wife of conservative supreme court justice Clarence Thomas, was talking to a lawyer for Trump, who played a major role in trying to stop Joe Biden from taking office.Here’s what else is happening today:
      Anthony Fauci is positive for Covid but that’s apparently not stopping him from testifying before the Senate health committee, though he will undoubtedly not be in the room.
      Biden will sign a bill to overhaul regulations on ocean shipping that he hopes will help lower the US’s high rate of inflation.
      Republicans are kicking off their “Road to Majority” conference hosted by the Faith & Freedom Coalition, which is accurately named: the party is viewed as having a good chance of taking back one or both houses of Congress in the November midterm elections.
      The Bureau of Alcohol, Tobacco, Firearms, and Explosives may be closer to getting a director after the Senate Judiciary Committee votes on confirming Steven Dettelbach. More

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      Proud Boys developed plans to take over government buildings in Washington DC

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      Proud Boys developed plans to take over government buildings in Washington DCDocument reveals plans for entering buildings and blocking traffic to prevent law enforcement access A document revealed in court on Wednesday has exposed a detailed plan by the Proud Boys to occupy government buildings in Washington DC, including the supreme court.The document, titled “1776 Returns”, laid out the plans for which buildings to target, the number of members required for each building, and tactics, including instructions to use the pandemic as an excuse for wearing masks and face shields without raising suspicion.It called for at least 50 members of the group to invade each building “or it’s a no go for that building”.​​“These are OUR building, they are just renting space,” read a part of the document, according to NBC. “We must show our politicians We the People are in charge.”Five members of the far-right Proud Boys, including leader Enrique Tarrio, were charged earlier this month with “seditious conspiracy”. Tarrio was slapped with the charge on top of already existing charges against him for, among other things, obstruction of an official proceeding and assaulting officers. Other charges include a felony charge against Louis Enrique Colon, who pleaded guilty in April.The document was submitted to court by the lawyer of a Proud Boys member, Zachary Rehl, while filing for a motion for his release from pre-trial detention.Rehl’s lawyer claimed, in an attempt to distance his client from allegations that he had a leadership role in the insurrection, that Rehl had no idea about the document.The detailed nine-page memo has directions for participants to “use Covid to your advantage” and to create a “fake appointment” for one member, identified as “Covert Sleeper”, to get inside the building and eventually let the others in.The “Sleeper” was tasked to spend the day as an “insider”.The plan also called on participants to create distractions for the guards by “causing trouble” at the gate.Another part directed participants to block traffic from as many angles as possible.“Traffic blocks have network effects,” read the document. “The Rerouting traffic will block other important areas, and also stop access to any law enforcement vehicle.”The buildings they targeted are the supreme court, three Senate office buildings, and three House office buildings. Another target is listed as “CNN”, possibly referring to the CNN office in Washington, which is about a six-minute drive from the Capitol.The demands made in the document called for a new election on 20 January, the day of President Biden’s inauguration, with requirements such as paper ballots only, no electronic or mail-in votes, and the use of national guards for monitoring.TopicsUS Capitol attackThe far rightWashington DCnewsReuse this content More

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      Third panel hearing will show Trump’s pressure on Pence to overturn election

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      Third panel hearing will show Trump’s pressure on Pence to overturn electionEx-president leaned on then vice-president to reject certified electors despite being told scheme was unlawful The House select committee investigating the January 6 Capitol attack intends to outline at its third hearing on Thursday how Donald Trump corruptly pressured then vice-president Mike Pence to reject the congressional certification of Joe Biden’s win in the 2020 presidential election and directly contributed to the insurrection.The panel will first examine the genesis of Trump’s pressure campaign on Pence to adopt an unconstitutional and unlawful plan to reject certified electors from certain states at the congressional certification in an attempt to give Trump a second presidential term.The select committee then intends to show how that theory – advanced by external Trump legal adviser John Eastman – was rejected by Pence, his lawyers and the White House counsel’s office, who universally told the former president that the entire scheme was unlawful.Trump’s raising of $250m for fund that ‘did not exist’ suggests possible fraudRead moreBut Trump deliberately ignored his top White House advisers to go down that path, the panel will show. And, the panel contends, in escalating his campaign to obstruct Biden’s certification through the morning of 6 January 2021, Trump contributed to the violence of the Capitol attack.The select committee will additionally show that Trump’s false public remarks about Pence having the power to refuse to count votes for Biden – Pence had no such power – directly put the vice-president’s life in danger as the mob chanted “hang Mike Pence”.Trump’s involvement in the Pence strategy makes the former president liable for the crimes of obstructing an official proceeding and conspiring to defraud the United States, the panel has argued. A federal judge has agreed, calling it “a coup in search of a legal theory”.The select committee previewed details on the third hearing on a call with reporters. The panel said the hearing would be led by congressman Pete Aguilar, with witness questioning done by former US attorney John Wood, who was appointed senior investigative counsel by vice-chairperson Liz Cheney.The select committee will hear from Pence’s former counsel Greg Jacob as well as retired former US appellate court judge J Michael Luttig over the course of the hearing, which is expected to last around two hours, according to a source familiar with its planning.The select committee is likely to focus heavily on the role played by Eastman, who as early as 18 November 2020 was writing memos under the guise of the “Trump legal team” and proposing a brazen plan to send Trump slates of electors to Congress for certification.But Eastman’s plan to have Pence see that there were “duelling” slates of electors and therefore refuse to certify either Biden or Trump slates – which would result in Trump’s receiving more electoral college votes – relied on states certifying the Trump slates.On 13 December 2020, the so-called Trump legal team was circulating a “President of the Senate” strategy that referred to Pence taking such action on 6 January 2021, a clear violation of the law governing the certification, according to emails released in court filings.Crucially, however, the state legislatures had still not met by that date to certify an alternate Trump slate of electors, which Eastman showed in emails that he knew needed to happen in order for his delicate scheme to have any chance of success.Eastman also undermined the scheme when he admitted in emails on 19 December 2020, released in court filings, that “unless those electors get a certification from their State Legislators”, the Trump slates would be “dead on arrival in Congress”.The emails showed Eastman knew the plan rested on states certifying Trump slates. But when he presented a memo to Pence in January 2021 attesting to the existence of Trump slates – that did not actually exist – he revealed corrupt intent to obstruct proceedings on 6 January 2021, the panel believes.No state legislatures ultimately certified an alternate slate of electors for Trump. The Trump White House appears to have participated in a related scheme to send fake Trump slates to Congress, though those were not introduced at the certification on the day of the attack.But the select committee intends to reveal at the hearing that Pence’s counsel, Jacob, and others including Luttig, all informed the then-vice-president that even if the states had transmitted alternate slates of electors, the plan was unlawful from the start.The Trump White House counsel separately told Trump that Eastman’s plan violated the law, Cassidy Hutchinson, a top former aide to White House chief of staff Mark Meadows, has also testified to the panel.Yet Trump and Eastman proceeded with the plan anyway. At the Save America rally on 6 January 2021, Trump told his supporters that he hoped Pence would do the “right thing” and just refuse to certify Biden’s election win, knowing full well by then that it was unlawful.The select committee is likely to show, finally, that Eastman himself knew the strategy was unlawful. In an email he sent to Jacob as the Trump mob stormed the Capitol, he admitted the scheme violated the law, but then he said Pence could surely violate the law a little more.Eastman said in the email that because Biden’s certification had been temporarily interrupted by the Capitol attack, Congress had violated the law governing the process. So Pence should have no problem committing “one more minor violation and adjourn for 10 days”, he said.TopicsJan 6 hearingsUS Capitol attackDonald TrumpMike PenceTrump administrationUS elections 2020House of RepresentativesReuse this content More

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      Man who took part in Capitol riot was given tour of building by Republican on January 5

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      Man who took part in Capitol riot was given tour of building by Republican on January 5Video evidence shows tourists taking photos of security checkpoints and contradicts Barry Loudermilk’s previous denial he led a tour02:50About 24 hours before the January 6 Capitol attack, a Republican member of Congress, Barry Loudermilk, led an unofficial tour through the House office buildings, passing by the security checkpoints located at the entrances to the tunnels leading towards the Capitol building.The tour included a man who took photos of the tunnel entrances and the US Capitol police checkpoints, and then joined thousands of Donald Trump supporters the following day to march on the Capitol from the rally on the Ellipse.That person’s activity was captured on security cameras and turned over to the House select committee investigating the insurrection at the Capitol. The panel made the footage publicly available on Wednesday in a letter demanding cooperation in its inquiry from Loudermilk.The footage showing the man, and others, stopping to photograph the tunnels and checkpoints bolsters the allegation from Democrats that the tour amounted to a reconnaissance event in preparation for the Capitol attack.It also cast doubt on Loudermilk’s previous denials that he led a tour connected in any way to January 6. Loudermilk first denied he led a tour, then said he gave a tour only to families with young children, then said he gave a tour to about 16 people.The video evidence additionally challenged a recent letter from the US Capitol police chief, Tom Manger, who informed Loudermilk that “we train our officers on being alert for people conducting surveillance … we do not consider any of the activities we observed as suspicious.”The tour was also notable because officially, tours were banned at the time due to Covid measures. The only people in the Capitol that day should have been members of Congress and staff, reporters, US Capitol police and official business visitors.But members of Congress tend to bend rules as they see fit. For instance, two sources familiar with the matter said, a member wanting to give a tour could have given one name to the appointments desk and have an entire group let in.The Loudermilk tour was cleared into a House office building by a staffer, the select committee said in the letter. The group would probably have been registered as an official visit to Loudermilk’s office but took the “scenic” route on the way in or out, the sources said.The sources spoke on the condition of anonymity to discuss how the group might have been authorized to be in the complex. They added it was possible the names of the entire group were never recorded, but if they were, it would be in the possession of the House sergeant at arms.Member-led tours – including to the Capitol dome, which then congresswoman-elect Lauren Boebert managed on 12 December 2020 – have since returned to the Capitol, though the procedure is more stringent and visitors must be submitted and vetted in advance.According to the select committee, Loudermilk led an hours-long tour for approximately 10 people around the Rayburn, Cannon and Longworth House office buildings, as well as the tunnels leading from Rayburn and Longworth to the Capitol building itself.“Individuals on the tour photographed and recorded areas of the complex not typically of interest to tourists,” the panel’s chairman, Bennie Thompson, wrote in the letter to Loudermilk. “The January 5, 2021 tour raises concerns about their activity and intent.”The man who took photos of the tunnels travelled to Washington on 4 January 2021, appearing to depart Georgia in the early morning on one of several “Keep America Great” coaches. It made a short stop in South Carolina before continuing to Washington.He then toured the House office buildings the following day as part of Loudermilk’s group, recording himself in the basement rotunda of Cannon around 1pm on 5 January 2021, according to a Facebook live video he posted.The select committee added that it had learned that some of the people on Loudermilk’s tour attended the Save America rally that took place on the Ellipse on the morning of January 6, where Trump spoke and urged his supporters to march to the Capitol.Citing additional video clips obtained in its investigation, the panel said the man that took a photograph of a staircase in Longworth, located next to a hallway leading to one of the tunnels, joined the march to the Capitol and threatened members of Congress.“There’s no escape Pelosi, Schumer, Nadler,” the man said as the Capitol was being breached, the video shows. “They’re coming in, coming in like white on rice for Pelosi, Nadler, even you, AOC. We’re coming to take you out and pull you out by your hairs.”The select committee had previously requested voluntary cooperation from Loudermilk last month, which he flatly refused as he denied any wrongdoing. The latest request came with screenshots of the tour group taking photos of secure areas inserted in the letter.TopicsUS Capitol attackJan 6 hearingsRepublicansHouse of RepresentativesnewsReuse this content More

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      Trump thought he would get away with it. The US Capitol attack hearings prove that’s not true | Emma Brockes

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      Trump thought he would get away with it. The US Capitol attack hearings prove that’s not trueEmma BrockesHigh drama, betrayal, catharsis: the televised select committee investigation makes for riveting viewing One of the worst things about the Trump presidency was the frequent sense that the man could do or say anything and, Alice in Wonderland-style, the sheer lunacy of it would never break through. “I could,” said Trump in 2016, “stand in the middle of Fifth Avenue and shoot somebody, and I wouldn’t lose voters.”On 6 January 2021, when, egged on by Trump, a mob of his supporters stormed the US Capitol building, this principle was seemingly put to the test. Impeachment efforts failed. Key members of Trump’s team declined to condemn him. His supporters appeared to remain loyal. Now, as the events of that day come before a House select committee, there’s a new approach in the fight to make some of this stick: less the presentation of evidence by a lawyer to a jury than of a prestige drama by a producer to a TV audience – one with limited time and multiple other viewing options.Last Thursday at 8pm eastern time, every TV network in the US, with the exception of Fox News, carried live coverage of the House select committee into the 6 January riot. If the Benghazi hearings of 2015, or the Brett Kavanaugh confirmation hearings three years later, were, by the standards of most cable TV fodder, blockbuster TV events, this was of a different order entirely. Audience figures for the first day of the hearings hit 20 million on TV alone – that is, without numbers for all those watching via live stream.The Democratic chair of the committee, congressman Bennie Thompson, and his vice-chair, Republican congresswoman Liz Cheney, stewarded a tight two-hour presentation that marshalled evidence against Trump as slickly as any HBO pilot. Both seemed aware of their deeper purpose: not merely to present the facts, but to construct a narrative that might, finally, persuade Americans in doubt that Trump fomented a mob intent on overturning the election.To this end, the hearings are being produced by James Goldston, a former president of ABC News and veteran producer of compelling TV. Unlike the televised Watergate hearings in 1973, which were a much more free-flowing and less compelling affair, the first two days of the hearings have been highly choreographed and dramatically structured, edited to hold one’s attention.From Thompson’s opening remarks – “tonight,” he said, deploying the language of news exclusives, “you will see never-before-seen-footage of the brutal attack on our Capitol” – to the split-screen format that banked reaction shots while witnesses were speaking, it has been extraordinary television. Thompson handed over to Cheney, who delivered a speech tailor-made for pull-quotes: “President Trump summoned the mob, assembled the mob, and lit the flame of this attack,” she said, before addressing her fellow Republicans: “There will come a day when Donald Trump is gone, but your dishonour will remain.”Part of the drama in the hours that followed was the shock of seeing formerly loyal servants of Trump do a swift 180-degree turn. These included Cheney herself, an arch-conservative whose voting record during Trump’s single term in office aligned 93% of the time with the man she was now calling a liar. More in this vein was to follow. Bill Barr, Trump’s attorney general and a man who until recently had only praise for his former boss, testified by video that Trump’s “stop the steal” was “bullshit”, and he’d wanted no part of it.Ivanka Trump, looking so ghostly as to appear practically as a hologram, testified on video to say she had believed Barr; and an even more sickly looking Jared Kushner confirmed that, after being told by Trump’s own lawyer that no election fraud had taken place, Kushner had rejected the information as “whining”.The witnesses for the first day were cleverly chosen: a young, female officer in the US Capitol police, who was knocked unconscious while trying to hold off the rioters, tugged at the heartstrings. “I’m trained to handle a crowd,” she said, “but I’m not combat trained.” And the British documentary maker Nick Quested, who captured on film unimpeachable evidence that the events of 6 January weren’t random, but a plan executed by white supremacist groups such as the Oath Keepers and the Proud Boys. There was humour – Cheney’s deadpan expression as she described how Trump, on election night, “followed the advice of an apparently inebriated Rudy Giuliani”. And there was emotional release. It is shocking just how cathartic it was to hear a bipartisan committee, with all the trappings of office behind it, finally say the words we’ve been waiting to hear: “Donald Trump acted illegally.”All of this choreography is designed to build a case that will, presumably, eventually aid the justice department in its criminal proceedings against Trump. In the meantime, it was hearts and minds the committee was after, building to a peak in that first hearing with a closing montage of scenes of violence at the Capitol overlaid with audio of Trump. “They were peaceful people,” he said, as images of his supporters beating police officers and smashing windows unspooled. “These were great people. I mentioned the word love, the love, the love in the air.” On Wednesday, American audiences waited, with bated breath, for episode three of the drama to drop.
      Emma Brockes is a Guardian columnist
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