By Todd Lassa

The House Select Committee to Investigate the January 6th Attack on the United States Capitol has issued to the Justice Department four referrals for criminal charges against former President Donald J. Trump over attempts to overturn the 2020 election. The charges did not include seditious conspiracy, the charges for which two Oath Keepers, including founder Stewart Rhodes III, were found guilty last month for their involvement in the attack. 

The charges are: I.) Obstruction of an official proceeding; II.) Conspiracy to Defraud the United States; III.) Conspiracy to Make a False Statement; and IV.) “Incite,” “Assist,” “Aid or Comfort” an insurrection.

The fourth referral, if prosecuted by the Justice Department, would prevent Trump from running for any federal or state office.

“He is unfit for any office,” committee Vice Chairwoman Liz Cheney (R-WY) said.

John Eastman, the attorney who allegedly advised Trump that Vice President Mike Pence could reject the Electoral College results on January 6, also was named in the referrals. All referrals may be applied to “others” identified in the Justice Department’s investigation, panel member Adam Schiff (D-CA) noted in comments to reporters after the hearing.

Additionally, four Congress members will be referred to the House Ethics Committee for ignoring subpoenas to testify before the 1/6 committee, Rep. Jamie Raskin (D-MD) said. They are Reps. Kevin McCarthy (R-CA), Andy Biggs (R-AZ), Jim Jordan (R-OH) and Scott Perry (R-PA), Roll Call reports. A fifth, Rep. Mo Brooks (R-AL) is retiring and was left out of the referrals.

The House Ethics Committee currently has four Democratic and four Republican members, NPR says, and is unlikely to take actions against the four members before a new Congress convenes next month. 

Rep. Zoe Lofgren (D-CA) said the panel has evidence of attempted witness tampering. An attorney for Trump told a witness to say under testimony that she didn’t “retain facts” and in exchange would be offered a job that “would make her very comfortable.” 

In his post-hearing comments, Schiff said there was evidence that some witnesses may not have been completely forthright with the committee. Asked whether the panel has evidence backing star witness Cassidy Hutchinson’s second-hand testimony that Trump physically attacked a Secret Service agent who would not drive him to the Capitol as the insurrection began 

 https://thehustings.news/surprise-witness-cassidy-hutchinson/

Schiff said; “I found Cassidy Hutchinson’s testimony to be entirely credible and I leave it to you to assess the witness’ credibility.”

The 1/6 committee released the first part of its final report here:

 https://january6th.house.gov/report-executive-summary

The panel will release the full report before the end of this year, Committee Chairman Bennie Thompson (D-MS) said.

_____
COMMENTS: editors@thehustings.news

By Todd Lassa

If you think you’ve heard everything from the eighth hearing of the House Select Committee to Investigate the January 6thAttack on the United States Capitol before, it’s because you watched it in horror that day, and maybe watched most, or all seven, previous hearings. 

Thursday night, the panel filled in Donald J. Trump’s 187 minutes of public “absence” that day with loyal Republican White House aides testifying he ignored their pleas to call off the mob as he tried to disrupt the ceremonial Electoral College count. 

D.C. Metro Police Sgt. Mark Robinson testified on video that Trump wanted to return to the Capitol after Secret Service drove him back to the White House and put the motorcade on standby for 45 minutes. Trump knew within 15 minutes of returning to the White House that the Capitol had been breached, he said. 

Trump then spent the next two-and-a-half hours watching Fox News from the White House dining room. From 11:06 a.m. to 6:45 p.m., the committee said, no calls to the president were entered into the White House logs.

But the president’s attorney, Rudy Giuliani, called Trump for about four minutes beginning at 1:39 p.m., Rep. Elaine Luria (D-VA), of the panel said, and at 1:49 p.m. the D.C. police called the attack a riot. Trump responded by tweeting a video of his speech at the Ellipse from that morning. 

In his video testimony, Trump administration counsel Pat Cipollone testified that he and everyone else in the White House except the president wanted the president to call off the riot from the moment its intensity was apparent on TV.

Former Deputy Press Secretary Sarah Matthews, who testified live with former Deputy National Security Advisor Matthew Pottinger (both pictured above) said Thursday she supported a move to get Trump to record a video from the press briefing room, less than a 60-second walk from the dining room, telling his followers to leave the Capitol. 

Trump did not budge, and instead took an eight-minute call from Giuliani at 2:03 p.m. At 2:13 p.m., the Capitol building was breached and rioters entered. An anonymous White House security official testified on an audio recording that members from the vice president’s security detail, holed up with Mike Pence in his Capitol office, were beginning to fear for their own lives. The security detail were “close to pressing to use lethal weapons, or worse,” and were calling family with goodbyes.

Trump’s 2:24 p.m. tweet said that Mike Pence “did not have the courage to do what should have been done to defend our country and the Constitution,” and that prompted the mob to turn on the vice president and call for his hanging. 

Pottinger, the deputy national security adviser who, in his opening remarks, praised Trump’s foreign policy on China trade and the Middle East Abraham Accord “decided to resign after that tweet. … I simply did not want to be associated with the events that were unfolding at the Capitol.”

Matthews, the former deputy press secretary, called it a “bad tweet” that “essentially gave the green light to these people.” Supporters “truly latch on to every word and every tweet” from Trump. The president called one of his minions, Sen. Tommy Tuberville (R-AL), who had to end the call so he could evacuate himself from the Capitol. The 1/6 committee showed the infamous photo of Sen. Josh Hawley (R-MO) raising his fist in support of the insurrectionists, then moments later running away from the rioters inside the Capitol. 

Trump tweeted at 2:38 p.m. and 3:13 p.m., calling on his supporters to “stay peaceful,” but Trump “already knew the mob was attacking the police,” Rep. Adam Kinzinger (R-IL) said. One rioter’s two-way radio broadcast said that Trump had told them to support the police, but said nothing about the safety of members of Congress. 

Fox News personalities joined the White House staff in urging Trump to call off his supporters and to condemn their actions. Rep. Mike Gallagher (R-WI) tweeted a video asking Trump to call it off and President-elect Biden told him to “demand an end to this siege.”

Finally, at 4:17 p.m., Trump tweeted a video from the Rose Garden telling rioters to go home, that they were “special” and he “loved” them. By now, the National Guard and FBI began to deploy on the Capitol. 

Trump had rejected a Rose Garden script that asked his supporters to “leave the Capitol in a peaceful way. He instead began the message by repeating “fraudulent election” claims. 

“I was shocked by the fact that he chose to begin the video by repeating the lie that the election was stolen,” Matthews said. She found it heinous that she may have to defend Trump’s words. “I knew I was leaving (the White House job) that evening.”

Kinzinger showed Trump’s last tweet of the day, from 6:01 p.m., in which he begins, “These are the things that happen when a sacred landslide victory is so unceremoniously and viciously stripped away … remember the day forever.”

“He showed absolutely no remorse,” Kinzinger said.

Testimony bled into January 7, when both Pottinger and Cipollone officially resigned. Joint Chiefs of Staff Chairman Gen. Mark Milley said White House Chief of Staff Mark Meadows described to him that Trump was “very emotional and in a very bad place.”

January 6 panel vice chair Liz Cheney (R-WY), standing in for COVID-stricken chairman Bennie Thompson (D-MS), who briefly appeared via video, concluded the hearings saying Trump should not “be even trusted with another position of authority again.”

The committee continues its investigative work in August, when its first report is due, and its next set of hearings are scheduled to begin in September.

_____
COMMENTS: editors@thehustings.news