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      US Capitol attack panel votes to recommend prosecution of Trump duo

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      US Capitol attack panel votes to recommend prosecution of Trump duoSelect committee unanimously agrees to advance contempt of Congress citations against Peter Navarro and Dan Scavino The House select committee investigating the Capitol attack voted on Monday to recommend the criminal prosecution of two of Donald Trump’s top former White House aides – Peter Navarro and Dan Scavino – for defying subpoenas in a bid to undermine the January 6 inquiry.The select committee unanimously approved the contempt of Congress report it had been examining. The citations now head for a vote before the Democratic-controlled House of Representatives, which is expected to approve resolutions for referrals to the justice department.Congressman Bennie Thompson, the chair of the select committee, said at the vote that the panel was seeking the criminal prosecution for Navarro and Scavino to punish their non-cooperation over claims of executive privilege it did not recognize.Judge says Trump ‘likely’ committed crimes in bid to block Biden victoryRead more“Executive privilege doesn’t belong to just any White House official. It belongs to the president. Here, President Biden has been clear that executive privilege does not prevent cooperation with the Select Committee by either Mr Scavino or Mr Navarro,” Thompson said.“Even if a president has formally invoked executive privilege regarding testimony of a witness – which is not the case here – that witness has the obligation to sit down under oath and assert the privilege question by question. But these witnesses didn’t even bother to show up.”The vote to advance the contempt citations against the two Trump White House aides came as the select committee was expected to huddle to discuss whether to demand that Ginni Thomas, the wife of supreme court justice Clarence Thomas, assist the investigation.The panel had sought cooperation from Navarro, a former Trump senior adviser, since he helped to devise an unlawful scheme with operatives at the Trump “war room” in Washington to have then-vice president Mike Pence stop the certification of Joe Biden’s election win.Navarro worked with the Trump campaign’s lawyers to pressure legislators in battleground states won by Biden to decertify the results and instead send Trump slates of electors for certification by Congress, the panel said in the contempt report.The former Trump aide also encouraged then Trump White House chief of staff Mark Meadows to call political operative Roger Stone to discuss January 6 and coordinated with Willard war room operative Steve Bannon in the days before the Capitol attack, the panel added.But Navarro told the select committee – without providing any evidence – that the former president had asserted executive privilege over the contents of his subpoena issued last month, and refused to provide documents or testimony.The panel for months has also sought assistance in its investigation from Scavino, the former Trump White House deputy chief of staff for communications, since he attended several meetings with Trump where election fraud matters were discussed.But after the panel granted to Scavino six extensions that pushed his subpoena deadlines from October 2021 to February 2022, the former Trump aide also told House investigators that he would not comply with the order because Trump invoked executive privilege.The select committee rejected those arguments of executive privilege, saying neither Navarro nor Scavino had grounds for entirely defying the subpoenas because either Trump did not formally invoke the protections, or because Biden ultimately waived them.Congressman Jamie Raskin, visibly furious as he read out remarks at the vote, slammed the executive privilege claims. “Please spare us the nonsense talk about executive privilege, rejected now by every court that has looked at it,” Raskin said.“This is America, and there’s no executive privilege here for presidents, much less trained advisors, to plan coups and organize insurrections against the people’s government in the people’s constitution and then to cover up the evidence of their crimes.“These two men,” Raskin said of Navarro and Scavino, “are in contempt of Congress and we must say, both for their brazen disregard for their duties and for our laws and our institutions.”The panel also said that even if it accepted the executive privilege claims, the two former Trump aides had no grounds to entirely ignore the subpoenas since they also demanded documents and testimony about non-privileged matters.The panel added the justice department’s office of legal counsel had determined they also had no basis to defy the document request in the subpoena, noting there has never been any purported immunity for producing non-privileged documents to Congress.And at the vote to recommend contempt citations, the vice-chair of the panel, Liz Cheney urged the justice department to also reject the two Trump aides’ arguments for defying their subpoenas should the House make the expected criminal referrals.“The Department of Justice is entrusted with the defense of our constitution; department leadership should not apply any doctrine of immunity that might block Congress from fully uncovering and addressing the causes of the January 6th attack,” Cheney said.TopicsDonald TrumpUS Capitol attackUS politicsnewsReuse this content More

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      Judge says Trump ‘likely’ committed crimes in bid to block Biden victory

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      Judge says Trump ‘likely’ committed crimes in bid to block Biden victoryScheme to retain presidency ‘a coup in search of a legal theory’Trump lawyer John Eastman ordered to hand over emails Donald Trump appears to have committed multiple felonies as he sought to return himself to power on 6 January, a judge said in a Monday ruling that ordered the Trump lawyer John Eastman to turn over hundreds of emails to the House select committee investigating the Capitol attack.The extraordinary ruling marks a breakthrough and paves the way for the select committee to obtain some of Eastman’s most sensitive emails concerning his illegal scheme to overturn the 2020 election, which he had attempted to shield from the inquiry.Questions abound as Trump raises – and hoards – huge sums of 2024 cash Read more“Based on the evidence the court finds that it is more likely than not that President Trump and Dr Eastman dishonestly conspired to obstruct the joint session of Congress on January 6 2021,” ruled Judge David Carter.Trump and Eastman launched a campaign to overturn a democratic election in a strategy that was unprecedented in American history, Carter said, describing their scheme as a “coup in search of a legal theory” and directly spurred the Capitol attack.The judge’s order is perhaps the first time ever that a federal court has found a president may have committed a crime while in office – and raises the stakes for the justice department, which has vowed to pursue January 6 criminal cases at any level.The decision will also serve to undercut Trump’s claim that the investigation is a partisan effort to hurt him politically, now that the select committee’s inquiry has been reaffirmed through the imprimatur of a federal court. It also comes amid reports that Trump’s son-in-law and close aide during his presidency, Jared Kushner, is scheduled to appear before the January 6 panel this week.The select committee has been pursuing Eastman’s emails around the time of the Capitol attack since he was the architect of the brazen and unlawful scheme to have Mike Pence, then the vice-president, stop the certification of Biden’s election win on January 6.The scheme – one of several devised by Eastman and political operatives working from a Trump “war room” in the Willard hotel in Washington – called for Pence to refuse to count the electoral college votes for Biden and ultimately return Trump to the presidency.But Eastman refused to turn over several hundred emails related to the effort despite a subpoena from the select committee, claiming that those communications were protected by attorney-client privilege since he acted as counsel to the former president.Carter ruled that the possible criminal activity between Trump and Eastman in the days leading up to 6 January meant one document was subject to the so-called crime-fraud exception to claims of attorney-client privilege and must therefore be released to the panel.The document is an email chain forwarded to Eastman by Trump’s former attorney Rudy Giuliani that recommended the then vice-president, Mike Pence, reject electors for Biden at the certification of his election victory in the 2020 election, the ruling said.In the draft memo that advanced the plan to obstruct the congressional certification, the Trump lawyers transformed their interpretation of the Electoral Count Act that governed the process into a day-by-day plan that they knew violated the statute, the ruling said.“Because the memo likely furthered the crimes of obstruction of an official proceeding and conspiracy to defraud the United States, it is subject to the crime-fraud exception and the court orders it to be disclosed,” Carter wrote.The crime-fraud exception does not require a completed crime or fraud, the ruling said, only that the client consulted the attorney in an effort to complete one. The exception applies even if the attorney does not participate in the criminal activity.But the select committee indicated they believed Eastman had engaged in criminal activity after he conceded in a separate email that his scheme to have Pence stop or adjourn Biden’s certification on 6 January was unlawful – yet urged Pence to do it anyway.The judge appeared to agree with the panel and said in the ruling that even if Eastman might be correct that the Electoral Count Act was at odds with the constitution, it did not give Trump license to defy, or allow him to circumvent, the statute.“Disagreeing with the law entitled President Trump to seek a remedy in court, not to disrupt a constitutionally mandated process,” Judge Carter said. “This plan was a last-ditch attempt to secure the presidency by any means.”TopicsUS Capitol attackDonald TrumpUS politicsnewsReuse this content More

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      Ex-Trump aides move step closer to being held in contempt of Congress

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      Ex-Trump aides move step closer to being held in contempt of CongressPeter Navarro and Dan Scavino have refused to cooperate with House panel investigating January 6 insurrection Two of Donald Trump’s top former advisers, Peter Navarro and Dan Scavino, are facing mounting legal peril after the House committee investigating the January 6 insurrection at the US Capitol moved a step closer to recommending criminal charges against them.Capitol attack panel expects to hear how militia groups coordinated plans before insurrectionRead moreThe members of the committee were expected to meet on Monday night to discuss whether to hold Navarro, Trump’s former trade adviser, and Scavino, his former deputy chief of staff, in criminal contempt of Congress.A contempt report released on Sunday accused the two men of ignoring subpoenas that require them to hand over documents and face questions from the committee.The committee is expected to vote unanimously to recommend charges, triggering a House vote. The recommendation would then pass to the Department of Justice, which would decide whether to prosecute.Scavino, 46, and Navarro, 72, were intimately involved in efforts to subvert the results of the 2020 election so Trump could hang on to power. The contempt report says Scavino attended “several meetings with the president in which challenges to the election were discussed”.It also refers to Scavino having monitored a website, TheDonald.win, on which individuals planned violence in the run-up to January 6.Navarro was a prominent advocate of false claims of voter fraud. He has openly talked about a plan known as the “Green Bay Sweep”, which involved attempting to persuade lawmakers in battleground states to object to Joe Biden’s victory, in the hope of delaying certification in Congress.Both former Trump aides are accused by the committee of having failed to meet the demands of their subpoenas. Scavino, who was subpoenaed in September, has been granted six extensions but has yet to produce a document or testify, the contempt report said.Navarro, who was issued a subpoena last month, has declined to discuss any issues with the committee despite having addressed several in his own book, In Trump Time, published last November. The committee argues that his voluntary disclosures as an author make a mockery of his claim of executive privilege as justification for non-cooperation.Scavino also insists he is not able to testify because Trump has invoked executive privilege. The Biden administration has said it will not use executive privilege to shield individuals from having to provide documents and other information.The supreme court in February rejected Trump’s request to block the transfer of thousands of documents from the National Archives. Scavino and Navarro argue that the wider question of executive privilege is unsettled.The Capitol riot erupted after Trump exhorted supporters to “fight like hell” to stop Congress certifying Biden’s victory. The US Senate has linked seven deaths to the riot, in which more than 100 law enforcement officers were injured. Nearly 800 people have been charged in connection with the attack, some with seditious conspiracy.Contempt referrals have been sent to the DoJ for two other central Trump figures. Steve Bannon, Trump’s former strategist, was charged in November by a federal grand jury. He has pleaded not guilty. Mark Meadows, the White House chief of staff at the time of the Capitol assault, was referred to the DoJ. It is still reviewing the evidence.The January 6 committee also made a contempt referral for Jeffrey Clark, a former DoJ official who promoted an attempt to delay certification of results in key states. He was spared a vote in the House after he agreed to appear before the committee – though he went on to invoke his right to silence more than 100 times.TopicsUS Capitol attackTrump administrationnewsReuse this content More

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      Capitol attack panel expects to hear how militia groups coordinated plans before insurrection

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      Capitol attack panel expects to hear how militia groups coordinated plans before insurrection Testimony could play a major role in establishing whether Trump oversaw a criminal conspiracy in efforts to overturn 2020 electionBehind closed doors in a nondescript conference room at the foot of Capitol Hill, the House select committee investigating 6 January next week expects to hear testimony about the connections between the Oath Keepers and the Proud Boys militia groups and the Capitol attack.The panel expects to hear how the Oath Keepers and the Proud Boys coordinated their plans and movements in the days before the insurrection to the same level of detail secured by the justice department and referenced in recent prosecutions for seditious conspiracy.And the select committee hopes to also hear in the 5 April deposition – arranged by a senior counsel for the panel – private conversations between the leaders of the two militia groups and whether they might have communicated with any Trump advisers.The panel should get the evidence both on the record and under oath, according to two sources familiar with the arrangement, to add to raw video footage of a meeting between the Oath Keepers and Proud Boys leaders in a garage across from the Capitol on the eve of 6 January.The expected testimony and materials represent another significant breakthrough for the investigation and could play a major role in establishing for the select committee whether Donald Trump oversaw a criminal conspiracy as part of his efforts to overturn the 2020 election.Most crucially for the panel, it could form part of the evidence to connect the militia groups that stormed the Capitol on 6 January to the organizers of the Save America rally that immediately preceded the attack – who in turn are slowly being linked to the Trump White House.As the select committee moves closer to Trump – who House investigators alleged in a recent court filing that the former president violated federal laws including obstructing Congress and conspiring to defraud the United States as he sought to return himself to power – it is redoubling its efforts.The information that Sean Tonolli, the senior investigative counsel who set up the deposition, should obtain about the Oath Keepers and Proud Boys in the first week of April means the panel has managed to get all the major evidence for all the big moments.In December, the select committee revealed that it had in its possession 2,320 text messages from Trump’s former White House chief of staff Mark Meadows, emails such as one with a PowerPoint presentation on staging a coup, and other documents he had turned over to the inquiry.That alone has been seen as a treasure trove of materials, including messages to and from House Republicans who apologized for not being able to stop the certification of Joe Biden’s election win, and more recently, messages with Ginni Thomas, the wife of supreme court justice Clarence Thomas.In January, the panel got from the National Archives thousands of pages of Trump White House documents that the former president unsuccessfully sought to shield over claims of executive privilege in a case that Justice Thomas reviewed and emerged as the sole dissenter.Those included documents in the files of Meadows and former deputy White House counsel Pat Philbin, among others, and Trump’s private schedule for 6 January that showed he gave the crowd a false pretense to go to the Capitol perhaps in the hope that they might stop Biden’s certification.Then the select committee learned of the fake electors ploy – a scheme to send “alternate” slates of Trump electors to Congress in states won by Biden – that ensnared the White House and showed the involvement of some of Trump’s most senior aides.Earlier this month, the panel also revealed in separate litigation that Trump lawyer John Eastman knew that his plan to have then-vice president Mike Pence reject Biden’s wins in select battleground states and return Trump to office was an unlawful violation of the Electoral Count Act.The panel has so far conducted the vast majority of its investigation in private, conducting nearly 750 depositions behind closed doors, amassing more than 84,000 documents and pursuing more than 430 tips that have come through on its website tip line.But notwithstanding the secrecy, the select committee has uncovered extraordinary information that have put them several steps closer to potentially forcing them to make criminal referrals to the justice department once the inquiry is complete, the sources said.What the panel has found and made public so far, the sources said, could also lay the groundwork to sketch out a criminal conspiracy that connects Trump’s political plan to return himself to office with the attack itself – its ultimate suspicion, the Guardian first reported.From its nondescript offices boarded up with beige boards and wood-paneled conference rooms with blinds always drawn, the select committee has spent the last eight months working in color-coded teams in an attempt to untangle Trump’s efforts to subvert the 2020 election results.The gold team is examining Trump’s plans to stop the certification of Biden’s election win with the help of Republican members of Congress, and his pressure campaign on state, local and justice department officials to return himself to office.The red team is looking at the Save America rally organizers and the Stop the Steal Movement, while the purple team is scrutinizing the Oath Keepers, the Proud Boys, the 1st Amendment Praetorian and how militia groups helped lead the Trump mob into the Capitol building.As the panel moves into the second phase of its investigation, its members have said they want to release in narrative form the evidence of wrongdoing in a series of public hearings that are likely to be delayed from April to May but still focus on how Trump broke the law.The select committee’s purpose remains to recommend legislative reforms to prevent a repeat of 6 January, but the evidence collected by the panel is fast hurtling it towards a conclusion of criminal behavior that could implicate Trump – and necessitate a referral – the sources said.TopicsUS Capitol attackDonald TrumpUS elections 2020US politicsThe far rightnewsReuse this content More

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      Republican won’t say whether Capitol attack panel will question Ginni Thomas

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      Republican won’t say whether Capitol attack panel will question Ginni ThomasAdam Kinzinger vows to ‘get to the bottom’ of insurrection after Clarence Thomas’s wife reportedly urged White House to overturn Trump’s election defeat Adam Kinzinger, one of two Republican members on January 6 committee, on Sunday vowed to “get to the bottom” of events surrounding the 2021 insurrection at the US Capitol but refused to reveal whether the panel intends to question Ginni Thomas – wife of US supreme court justice Clarence Thomas – over reports of her urging the White House to overturn Donald Trump’s election defeat.Senior Democratic Senator Amy Klobuchar said Clarence Thomas must recuse himself from relevant cases and warned the integrity of the supreme court is at stake.Kinzinger refused to confirm or deny the existence of text messages Ginni Thomas is reported to have exchanged with then White House chief of staff Mark Meadows, although he did not contest the Washington Post and CBS’s joint revelation last week that they obtained copies of such messages from materials submitted to the congressional committee by Meadows.“The question for the committee in this or any exchange is ‘was there a conspiracy, or how close did we get to overturning the election?’” he told CBS’s Face the Nation show on Sunday.Kinzinger, one of two Republicans on the House select committee investigating the events surrounding 6 January 2021, said of witnesses being summoned to give evidence to the committee: “We’ll call in whoever we need to call in.”He added: “Was there an effort to overturn the legitimate election of the United States? What was January 6 in relation to that? And what is the rot in our system that led to that and does it still exist today?…We are going to get to the bottom of this.”He did not say whether that “rot” extended to the nation’s highest court.Thomas and her husband are rightwing political darlings who have described themselves as “one being – an amalgam,” according to the New York Times.Amid the latest reports, Justice Thomas is now facing calls to recuse himself from any cases surrounding the 2020 presidential election, the insurrection and potentially the 2024 presidential election, should Trump run for re-election.Time for Clarence Thomas to recuse himself from election cases – his wife’s texts prove itRead moreMeanwhile Klobuchar of Minnesota, chairwoman of the Senate rules committee and a member of the Senate judiciary committee, which quizzes nominees for the supreme court, demanded that Clarence Thomas be removed from any such cases.“This is unbelievable,” Klobuchar told ABC’s This Week. “You have the wife of a sitting supreme court justice advocating for an insurrection, advocating for overturning a legal election, to the sitting president’s chief of staff. And she also knows this election, these cases, are going to come before her husband. This is a textbook case for removing him, recusing him, from these decisions.”The 29 exchanges reported between Ginni Thomas and Meadows reveal how the wife of one of the land’s top jurists disseminated disinformation related to the QAnon conspiracy theory and other inaccurate arguments during the tempestuous days following the November 2020 election when right-wingers were claiming Democrat Joe Biden had not won.Even as Trump strategized efforts to overturn his defeat through the courts, Virginia “Ginni” Thomas “spread false theories, commented on cable news segments and advocated with urgency and fervor that the president and his team take action to reverse the outcome of the election,” the Post reported.It reported she wrote to Meadows: “Help This Great President stand firm, Mark!!!…You are the leader, with him, who is standing for America’s constitutional governance at the precipice. The majority knows Biden and the Left is attempting the greatest Heist of our History.”Pressed about how he and his colleagues would broach Thomas’s alleged attempts to undermine a legitimate US election, Kinzinger said they want to ensure their work is “not driven by a political motivation, it’s driven by facts”.The House select committee has so far hesitated to demand cooperation from Thomas in part because they are worried she may “create a political spectacle to distract from the investigation”, the Guardian previously reported.Klobuchar said: “All I hear is silence from the supreme court right now. And that better change in the coming week because every other federal judge in the country except supreme court justices would have guidance from ethics rules that says you got to recuse. The entire integrity of the court is on the line here.”TopicsUS elections 2020US Capitol attackClarence ThomasUS politicsUS supreme courtLaw (US)newsReuse this content More

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      House January 6 panel members weigh seeking cooperation from Ginni Thomas

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      House January 6 panel members weigh seeking cooperation from Ginni ThomasWife of supreme court justice Clarence Thomas sent texts to Trump’s chief of staff urging overturning of 2020 election result Members of the House select committee investigating the January 6 Capitol attack are weighing whether to demand that Ginni Thomas, the wife of the supreme court justice Clarence Thomas, cooperate with the inquiry, according to two sources familiar with the matter.A move to request cooperation from Ginni Thomas, who was revealed to have pushed in text messages to Trump’s former chief of staff Mark Meadows to overturn the results of the 2020 election, would mark one of the most aggressive steps taken by the panel.Ginni Thomas texts spark ethical storm about husband’s supreme court roleRead moreThe select committee did not formally decide on whether to summon Thomas after a series of private deliberations on Friday, the sources said, even as the members discussed whether to request her voluntary cooperation or compel documents and testimony with a subpoena.But the renewed discussions – the panel weighed the matter for weeks after it first obtained the text messages – are likely to continue in huddles and on the House floor on Monday before the select committee moves to hold two Trump aides in contempt of Congress, the sources said.The hesitation to date about demanding that Thomas cooperate with the inquiry appears to have centered in part from concerns that she likely has scant interest in assisting the panel and could seek to create a political spectacle to distract from the investigation.Thomas, for instance, remains a close friend of prominent rightwing political operatives including Trump’s former strategist Steve Bannon, who last year openly defied a subpoena as he sought to undermine the legitimacy of the select committee.The other principal concern among some members on the panel is whether it would be worth it to pursue testimony from Thomas at potential political cost if she appears for questioning but then stonewalls the inquiry, one of the sources said, for instance by asserting the fifth amendment.At least one member on the select committee also appeared to only just learn about the content of the text messages after reading them in news reports on Thursday, one of the sources said.Justice Thomas remains an icon among the Republican base and some members have warned that a move against his wife would almost certainly be perceived as a partisan attack by Democrats trying to tarnish his reputation, the sources said.The worries about political backlash has increasingly become a point of contention for the select committee in recent months. The Guardian first reported in January the panel had similar reservations about issuing subpoenas to House Republicans.The select committee could yet demand cooperation from Thomas, seeking information on whether Thomas knew about the scheme to have then vice-president Mike Pence stop the certification of Joe Biden’s win or plans for Trump supporters to descend on the Capitol January 6.Other lines of inquiry might include whether she connected lawyer John Eastman, who drew up the Pence scheme and clerked for Justice Thomas, to Trump, and whether she communicated with Meadows during a gap of unexplained correspondence between 24 November and 10 January.The select committee would then find itself in the bizarre position of having John Wood, also a former clerk for Justice Thomas who now leads the “gold team” examining Trump’s role in the Capitol attack, questioning the senior justice’s wife.A spokesperson for the select committee declined to comment.Thomas is facing heightened scrutiny for working as a Republican activist while her husband sits on the supreme court after the Washington Post and CBS reported that she pushed Trump’s most senior White House aide to overturn the 2020 election results.In one of 29 text messages from Ginni Thomas that Meadows turned over to the select committee, Thomas also pressured the former White House chief of staff to have Trump appoint the conspiracy theorist and lawyer Sidney Powell to lead his post-election legal team.The communications are significant as they represent the first evidence that she was advising the White House on how to return Trump to office by any means, while her husband ruled on cases attempting to change the outcome of the election.But Meadows did not turn over any text messages between 24 November and 10 January, the Washington Post and CBS reported – a gap in communications that overlaps with the Capitol attack and would almost certainly be an area of interest to the panel.TopicsUS Capitol attackHouse of RepresentativesnewsReuse this content More