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in US PoliticsUS Capitol attack committee plans April hearings to show how Trump broke law
US Capitol attack committee plans April hearings to show how Trump broke lawCourt filing says public hearings will address ‘in detail’ Trump’s legal culpability for obstructing Congress and defrauding the US The House select committee investigating the Capitol attack is hoping to show through public hearings in April how it believes Donald Trump came to violate federal laws in his efforts to overturn the 2020 US election results, the panel has indicated in court documents.The hearings are set to be a major and historical political event in America as the panel seeks to publicly show the extent of its investigations so far into the shocking events that saw a pro-Trump mob invade the Capitol in an attempt to stop the certification of the election of Joe Biden by Congress.Keyword list for Trump lawyer hints at focus of US Capitol attack investigationRead moreThe panel alleged in a court filing on Wednesday that Trump and his associates obstructed Congress and conspired to defraud the United States on 6 January, arguing it meant the former Trump lawyer John Eastman could not shield thousands of emails from the inquiry.But the public hearings – which are likely to come late next month, the chair of the select committee, Bennie Thompson, told the Guardian – will address just how Trump came to interfere with the joint session of Congress through rhetoric he knew to be false or unlawful.“The president’s rhetoric persuaded thousands of Americans to travel to Washington for January 6, some of whom marched on the Capitol, breached security, and took other illegal actions. The select committee’s hearings will address those issues in detail,” the filing said.The panel also said in its court submission that the public hearings would address how Trump appeared to lay the groundwork for his rhetoric inciting the Capitol attack by promoting claims of election fraud in the 2020 election that he had been told were without merit.“Despite being repeatedly told his allegations of campaign fraud were false, the President continued to feature those same false allegations in ads seen by millions,” the filing said. “The select committee will address these issues in detail in hearings this year.”The select committee indicated the public hearings would serve as the opportunity to cast a light on Trump’s secret efforts to overturn the election, from his attempts to pressure the then vice-president, Mike Pence, to return him to office, to abuse of the justice department.“We want to paint a picture as clear as possible as to what occurred,” Thompson told reporters on Capitol Hill on Thursday. “The public needs to know what to think. We just have to show clearly what happened on January 6.”Thompson said that the select committee has witnesses who have volunteered to testify before the panel in public hearings, though he did not specify whether they included former Trump administration officials or Capitol attack rioters who had been charged.The clues as to what the panel will address in the much-anticipated public hearings, which will precede an interim report of its findings, came in a filing in which the select committee said for the first time they believed Trump had engaged in criminal activity.The Guardian first broke the news earlier this year that the select committee was investigating whether Trump oversaw a criminal conspiracy that connected the “political elements” of his scheme to return himself to office with the violence perpetrated by far-right militias.The fact that the panel said it had evidence of criminality does not mean House investigators will ultimately refer Trump to the justice department for prosecution. But its inclusion in the brief suggested the panel thinks it has sufficient materials to convince a judge.TopicsUS Capitol attackDonald TrumpHouse of RepresentativesUS politicsnewsReuse this content More
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in US PoliticsTrump participated in potential crimes to overturn 2020 election, Capitol attack panel claims
Trump participated in potential crimes to overturn 2020 election, Capitol attack panel claimsIn a major filing, the House committee says it believes the former president was obstructing Congress and defrauding the US The House select committee investigating the January 6 Capitol attack said in a major filing on Wednesday that it believed that Donald Trump violated multiple federal laws to overturn the 2020 election, including obstructing Congress and defrauding the United States.The revelations came as part of a filing that intended to force John Eastman, Trump’s former lawyer, to turn over thousands of emails and records since his participation in potential crimes destroyed his arguments for attorney-client privilege protections.Six of Donald Trump’s lawyers subpoenaed by Capitol attack panelRead moreThe House counsel Douglas Letter said in the 61-page filing that the select committee had a basis for concluding Trump violated the law by obstructing or attempting to obstruct an official proceeding and defrauded the United States by interfering with lawful government functions.The former president knew he had not won enough electoral college votes to win the 2020 election, yet nevertheless sought to have the then vice-president, Mike Pence, to manipulate the results in his favor, the filing said about Trump’s obstruction.Had the effort to pressure Pence into returning Trump to power succeeded, the certification of Joe Biden’s win would have been impeded. “There is no genuine question that the president and plaintiff attempted to accomplish this specific illegal result,” the filing said.The select committee said in the court submission that it believed Trump defrauded the United States by interfering in the certification process, disseminating false information about election fraud, and pressuring state officials to alter state election results.House investigators also said there was evidence to suggest that the conspiracy to defraud extended to the Capitol attack, arguing it was plausible to argue Trump entered a conspiracy with the rioters to disrupt Biden’s certification on 6 January.The Guardian first broke the news earlier this year that the select committee was investigating whether Trump oversaw a criminal conspiracy that connected the “political elements” of his scheme to return himself to office with the violence perpetrated by far-right militias.Letter also said in the filing that the select committee believed Trump and his associates appeared to have violated the law by engaging in common law fraud as they sought to overturn the results of the 2020 election.The select committee’s findings came as part of a 16-part court submission to persuade a federal judge to force Eastman, a central figure in Trump’s scheme to return himself to office, to at least allow the panel to confidentially review his records. Eastman helped lead a team of lawyers at a Trump “war room” at the Willard hotel in Washington DC, which Trump called from the White House the night before the Capitol attack to discuss ways to stop Biden’s certification from taking place, the Guardian has reported.He has so far turned over about 8,000 pages of emails and documents from 4-7 January to the panel, but has withheld an additional 11,000 documents on the basis that they are protected by attorney-client privilege or constitute confidential attorney work product.The panel also said in the filing that Eastman’s attorney-client privilege claims were undercut by his inability to show he had been formally retained as Trump’s lawyer. An “engagement letter” that Eastman produced last week was unsigned.Through Letter’s submission, the select committee added Eastman could not claim to assert attorney-client privilege over emails he sent on his Chapman university email server, and those messages were not protected by the attorney work product protection.House investigators said the evidence against Trump – and Eastman’s role in counselling Trump to engage in potentially criminal activity – meant that Eastman’s claims of attorney-client privilege were destroyed by the so-called “crime-fraud exception”, among other arguments.“The attorney-client privilege does not shield participants in a crime from an investigation into a crime,” select committee member Jamie Raskin told the Guardian. “If it did, then all you would have to do to rob a bank is bring a lawyer with you and be asking for advice.”The select committee said that in the first instance, it simply wanted to examine Eastman’s records “in camera” – a process that takes place when a reasonable person would agree a review of the materials may help establish whether the crime-fraud exception applies.TopicsUS Capitol attackDonald TrumpUS politicsHouse of RepresentativesnewsReuse this content More
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in ElectionsTrump violated federal laws in bid to overturn election, Capitol attack panel claims
Trump violated federal laws in bid to overturn election, Capitol attack panel claimsIn a major filing, the House committee says the former president was obstructing Congress and defrauding the United States The House select committee investigating the January 6 Capitol attack said in a major filing on Wednesday that it believed that Donald Trump violated multiple federal laws to overturn the 2020 election, including obstructing Congress and defrauding the United States.The revelations came as part of a filing that intended to force John Eastman, Trump’s former lawyer, to turn over thousands of emails and records since his participation in potential crimes destroyed his arguments for attorney-client privilege protections.Six of Donald Trump’s lawyers subpoenaed by Capitol attack panelRead moreHouse counsel Douglas Letter said in the 61-page filing that the select committee had a basis for concluding Trump violated the law by obstructing or attempting to obstruct an official proceeding and defrauded the United States by interfering with lawful government functions.Eastman has so far turned over about 8,000 pages of emails and documents from 4-7 January to the panel, but has withheld an additional 11,000 documents on the basis that they are protected by attorney-client privilege or constitute confidential attorney work product.The select committee has previously disputed his privilege claims by arguing that he has not demonstrated he had been formally retained as a lawyer for Trump, the White House or the Trump campaign. An ‘engagement letter’ that Eastman produced last week was unsigned.Eastman was a central figure to Trump’s efforts to overturn the 2020 election, and helped lead a “war room” at the Willard hotel in Washington that orchestrated a scheme to have then-vice-president Mike Pence return Trump to office.TopicsUS Capitol attackDonald TrumpUS politicsHouse of RepresentativesnewsReuse this content More
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in ElectionsKeyword list for Trump lawyer hints at focus of US Capitol attack investigation
Keyword list for Trump lawyer hints at focus of US Capitol attack investigationHouse committee tells John Eastman to prioritize terms linked with possible conspiracy in complying with documents subpoena The House select committee investigating the January 6 attack on the US Capitol is asking the former Trump lawyer John Eastman to prioritize turning over records with certain keywords as he complies with his subpoena – a list of terms that reveal the panel’s focus as it investigates a potential conspiracy.The keywords include a Gmail address used by Donald Trump’s former chief of staff Mark Meadows and the names of various individuals involved in the effort to overturn the 2020 election, from top Trump aides to Republican members of Congress to the former justice department official Jeffrey Clark.Six of Donald Trump’s lawyers subpoenaed by Capitol attack panelRead moreThe search terms list – which the select committee transmitted to Eastman – provides a glimpse of what House investigators suspect might be contained among the thousands of emails and documents that Eastman is being forced to review to comply with his subpoena.But the keywords also reveal the current investigative focus of the panel and the role Eastman played as one of the leading members of the Trump “war room” at the Willard hotel in Washington that coordinated Trump’s plan to return himself to office on 6 January 2021.The list is intended to act as a dragnet to catch his records from 4 to 7 January about efforts to overturn the 2020 election results between Eastman and individuals in different “centres of gravity”, according to a source with direct knowledge of the investigation.One focus for the select committee is Eastman’s records concerning Donald Trump, former vice-president Mike Pence and top Trump officials, where keywords include items as simple as “Trump”, or “EOP”, the government acronym for the executive office of the president.The select committee is examining Eastman’s records about Republican members of Congress including Andy Biggs, Mo Brooks, Ted Cruz, Louie Gohmert, Paul Gosar, Josh Hawley, Cindy Hyde-Smith, Jim Jordan, Cynthia Lummis, Roger Marshall, Doug Mastriano, Scott Perry and Tommy Tuberville.Another priority for the panel is messages between Eastman and those he communicated with across the federal government. The list includes the domains “usdoj.gov” and “justice.gov” for the justice department, “senate.gov” for the Senate, and “house.gov” for the House.The select committee’s addition of “congressnc@gmail.com” – a sometime email address used by Meadows, who was a House Republican representing North Carolina before he became Trump’s final chief of staff – indicates it also wants messages not in official email records.The keywords also account for typos. In seeking Eastman’s messages with former Trump White House counsel Pat Cipollone, for instance, the panel included misspellings of his name they have found in other documents, from “Cippolone” to “Cippollone”.The list of terms is speculative insofar as it amounts only to what the select committee hopes are among Eastman’s most sensitive records and messages. But the keywords are there because the panel has reason to believe such communications exist, the source said.Taken together, the source said, the keywords reflect the panel’s suspicion that Eastman was at the heart of what could amount to an unlawful conspiracy between the Trump White House, GOP members of Congress and Trump loyalists at DoJ to obstruct Congress on 6 January.A spokesperson for the panel declined to comment. Eastman did not respond to a request for comment ahead of a hearing next week where he will attempt to withhold from the select committee documents he believes are protected by executive and attorney-client privilege.The list of keywords for Eastman also reflects the new urgency that has gripped the panel in recent weeks as it races to complete the evidence-gathering phase of the investigation.The panel is cognizant of how its investigators have managed to upend Washington with aggressive subpoena tactics more commonly seen in criminal prosecutions than congressional inquiries.For witnesses that might prove problematic, the chairman of the panel, Bennie Thompson, has moved to issue automatic subpoenas compelling documents and testimony, often before committee counsel has taken the customary step of first requesting voluntary cooperation.At the same time, the select committee has taken a broad view of its mandate: to investigate whether there was any coordination between the “political elements” of Trump’s plan to obstruct the certification of Biden’s election win in addition to the Capitol attack itself.That has increased the panel’s workload and pushed back the timeline, Thompson told the Guardian on Monday, though he said he still hoped for public hearings in April. “We keep adding to the list of people we need to talk to. That’s grown the body of work,” he said.TopicsUS Capitol attackHouse of RepresentativesDonald TrumpUS politicsnewsReuse this content More
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in US PoliticsSix of Donald Trump’s lawyers subpoenaed by Capitol attack panel
Six of Donald Trump’s lawyers subpoenaed by Capitol attack panelThe panel is targeting documents and testimony from Cleta Mitchell, Kurt Olsen, Katherine Freiss, Phillip Kline, Kenneth Chesebro and Christina Bobb The House select committee investigating the January 6 Capitol attack has issued new subpoenas to lawyers for Donald Trump suspected to be involved in efforts to stop the certification of Joe Biden’s 2020 election victory.The subpoenas – authorized hours before Biden’s first State of the Union address – targeted documents and testimony from Cleta Mitchell, Kurt Olsen, Katherine Freiss, Phillip Kline, Kenneth Chesebro and the pro-Trump One America News host Christina Bobb.“The select committee is seeking information about attempts to disrupt or delay the certification of electoral votes and any efforts to corruptly change the outcome of the 2020 election,” said Bennie Thompson, the chairman of the panel.Rudy Giuliani poised to cooperate with January 6 committeeRead more“The six individuals we’ve subpoenaed today all have knowledge related to those matters and will help the select committee better understand all the various strategies employed to potentially affect the outcome of the election,” Thompson said.The subpoenas reflect the panel’s focus on Trump’s schemes to stop Biden’s certification from taking place, so that the former president’s associates could buy time to co-opt state legislatures to send Trump slates of electors to return him to office.The Guardian previously reported that Trump was himself intimately involved in the scheme and called the Trump “war room” set up in the Willard hotel in Washington the night before the Capitol attack to discuss ways to stop Biden’s certification from happening entirely.The Trump operatives involved in the Willard operation included Bobb, who joined the legal team at the hotel led by Trump’s former attorney Rudy Giuliani and another Trump lawyer, John Eastman.The select committee said they subpoenaed Bobb as she was also involved in drawing up a draft executive order that would have directed federal agencies to seize voting machines in states Biden narrowly won over Trump on the basis of claims of election fraud.Mitchell was subpoenaed, the panel said, after she appeared to have contacts with GOP lawmakers and participated in the infamous phone call when Trump pressured Georgia’s secretary of state Brad Raffensberger to “find” votes to reverse his loss in the state.The select committee also ordered documents and testimony from Freiss, a Trump lawyer who the panel said played a role in drawing up the draft executive order to seize voting machines.The Guardian reported that one version of the draft executive order was reviewed by Trump at a December 2020 White House meeting, and then verbally agreed to appoint Sidney Powell, another Trump attorney and conspiracy theorist, as special counsel to probe election fraud.Olsen pressured the justice department to open an investigation into election fraud, according to an interim Senate judiciary committee report released last year.Olsen also helped to draw up a draft executive order for Trump that would have directed the justice department to “take voter action” and, citing documents on file with the panel, had multiple calls with Trump on 6 January, the select committee said.Kline convened a meeting with 300 state legislators in an attempt to encourage them to sign a letter urging Mike Pence, then the vice-president, to delay the certification.Chesebro actively promoted legal theories within the Trump campaign supporting the use of slates of bogus electors in states the former president lost, the select committee chairman said in his subpoena letter.TopicsUS Capitol attackDonald TrumpHouse of RepresentativesUS politicsnewsReuse this content More
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in US PoliticsJanuary 6 rioter who carried Nancy Pelosi’s podium fined and sentenced
January 6 rioter who carried Nancy Pelosi’s podium fined and sentencedFloridian Adam Johnson shouted encouragement to rioters breaking down the doors to the House chamber The Capitol rioter who was pictured carrying Nancy Pelosi’s lectern and bragged he had “broken the internet” in doing so has been sentenced to 75 days in prison and a $5,000 fine.Adam Johnson, 37 and from Florida, was photographed carrying the podium on 6 January 2021.He and other supporters of Donald Trump stormed Congress in an attempt to stop certification of Joe Biden’s electoral victory, in service of Trump’s lie that his defeat was the result of electoral fraud.More than 700 have been charged over the riot, 11 with seditious conspiracy. Trump was impeached but acquitted. He and his aides are the subject of an investigation by a House select committee. One aide, Steve Bannon, has pleaded not guilty to criminal contempt of Congress, a charge that carries jail time.Johnson will spend time in jail, having pleaded guilty to entering and remaining in a restricted building or grounds.The US Department of Justice requested 90 days’ imprisonment. It also noted, in itemising Johnson’s activities on 6 January 2021, that he “witnessed rioters attempt to break down the doors to the House chamber and encouraged them to do so by shouting that a bust of George Washington would make ‘a great battering ram’”.In court on Friday, assistant US attorney Jessica Arco said: “Mr Johnson was part of a mob. He knew that.”Lawyers for Johnson said of his viral photograph: “Unfortunately, he received considerable attention simply because the lectern belonged to Speaker of the House. Arguably, if he latched on to some other piece of government furniture for his photo opportunity jail time would not even be a consideration.”The judge, Reggie B Walton, disagreed.“We’re on a dangerous slide in America,” he said, calling January 6 something he would ordinarily expect to see in “banana republics”.Johnson said he was ashamed, and suggested that if he had acted as he did in other countries he might have ended up in front of a firing squad “instead of [in] a courtroom”.He also said he never intended to hurt Pelosi and said: “If I did find her, I would ask for a selfie with her, if anything.”TopicsUS Capitol attackNancy PelosiUS politicsnewsReuse this content More