E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION

Vol. 167 , THURSDAY, FEBRUARY 11, 2021 No. 26 Senate The Senate met at 12 noon and was ORDER OF BUSINESS As we ran through a line of police to- called to order by the President pro Mr. SCHUMER. Mr. President, for ward the staircase, this is what I saw: tempore (Mr. LEAHY). the information of Senators, it is my the SWAT team pointing automatic f understanding the schedule today will weapons at marauders on the floor. be similar to yesterday’s proceedings. Looking at these people makes you TRIAL OF DONALD J. TRUMP, We will plan to take a short break wonder: Who sent them here? PRESIDENT OF THE UNITED every 2, 3 hours, and we will accommo- In the next few minutes, I want to STATES date a 30-minute recess for dinner, as- step back from the horrors of the at- The PRESIDENT pro tempore. The suming it is needed. tack itself and look at January 6 from Senate will convene as a Court of Im- The PRESIDENT pro tempore. Pur- a totally different perspective—the peachment. suant to the provisions of S. Res. 47, perspective of the insurrectionists PRAYER the managers for the House of Rep- themselves. The Chaplain, Dr. Barry C. Black, of- resentatives have 8 hours remaining to Their own statements before, during, fered the following prayer: make the presentation of their case. and after the attack make clear the at- Let us pray. The Senate will now hear you, and tack was done for , at his Almighty God, our shelter from the the Presiding Officer recognizes Mr. instructions and to fulfill his wishes. storms, give our Senate jurors discern- Manager RASKIN to continue the pres- Donald Trump had sent them there. ment that will rescue our Nation from entation of the case for the House of They truly believed that the whole ruin. Illuminate their with Your Representatives. intrusion was at the President’s orders, truth as You speak through the whis- MANAGERS’ PRESENTATION—RESUMED and we know that because they said so. pers of conscience. Remind them that Mr. Manager RASKIN. Mr. President, Many of them actually posed for pic- the seeds they plant now will bring a thank you. tures, bragging about it on social harvest. May the choices they make Distinguished Senators, Representa- media, and they tagged Mr. Trump in bring blessings, healing, and prosperity tive DEGETTE of Colorado will now tweets. to our land. show how the insurrectionists them- Folks, this was not a hidden crime. We pray in Your merciful Name. selves believed that they were fol- The President told them to be there, Amen. lowing President Trump’s marching or- and so they actually believed they PLEDGE OF ALLEGIANCE ders. would face no punishment. The President pro tempore led the Ms. Manager DEGETTE. My friends The defense argued in their briefs, Pledge of Allegiance, as follows: and colleagues, yesterday was an emo- and they argued again here on Tuesday I pledge allegiance to the Flag of the tionally wrenching day. As I watched that the insurrectionists were acting United States of America, and to the Repub- the footage of the violence in the Cap- on their own, that they were not in- lic for which it stands, one nation under God, itol Building, my own experience flood- cited by President Trump or acting at indivisible, with liberty and justice for all. ed back to me. I was one of the un- his direction. This is in their brief: THE JOURNAL lucky Members who was stuck in the They did so of their own accord and for And if there is no objection, the House Gallery along with Congress- their own reasons, and are being criminally Journal of proceedings of the trial are woman DEAN. prosecuted. approved to date. As the House floor was cleared be- But that is just not the case. It is not I would ask the Sergeant at Arms to neath of us of Members and staff, we what the insurrectionists actually said. make the proclamation. could see the mob pounding on the door They said they came here because the The Acting Sergeant at Arms, Jen- to the House Chamber. We could see President instructed them to do so. nifer A. Hemingway, made the procla- the Capitol Police officers inside the Leading up to the attack, the insur- mation as follows: Chamber pull their guns and point rectionists said they were coming to Hear ye! Hear ye! All persons are com- them at the intruders. Then we heard DC for President Trump. He invited manded to keep silence, on pain of imprison- ment, while the Senate of the United States gunshots on the other side, and we them with clear instructions for a spe- is sitting for the trial of the Article of Im- flung ourselves down on the floor and cific time and place and with clear or- peachment exhibited by the House of Rep- removed our Member pins. Then we ders: Stop to fight—or to fight to stop resentatives against Donald John Trump, heard pounding on the very flimsy Gal- the certification in Congress by any former President of the United States. lery doors right up above us. Finally, means necessary. RECOGNITION OF THE MAJORITY LEADER after that situation for some time, we The crowd at Donald Trump’s speech The PRESIDENT pro tempore. The were told to run out of the door at the echoed and chanted his words, and Democratic leader is recognized. end of the Gallery. when people in the crowd followed his

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 06:21 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11FE6.000 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S646 CONGRESSIONAL RECORD — SENATE February 11, 2021 direction and marched to the Capitol, Unidentified Speaker. Stand down. You’re did a video. It’s a minute long. He asked ev- they chanted the same words as they outnumbered. There’s a fucking million of us erybody to go home. breached this building. out there, and we are listening to Trump, Even after the attack, the insurrec- Now, let’s return to the speech for a your boss. tionists made clear to law enforcement moment. During the rally, President The insurrectionists argued with law that they were just following President Trump led the crowd in a ‘‘Stop the enforcement that they shouldn’t even Trump’s orders. They didn’t shy away steal’’ chant. Here is what that chant be fighting them because they believed from their crimes because they sounded like from the crowd’s perspec- that the Commander in Chief was or- thought they were following orders tive: dering this. This was the person’s un- from the Commander in Chief and so (Video presentation of 1–6–2021.) derstanding. they would not be punished. President TRUMP. (Inaudible.) And to use When President-Elect Biden went on They were wrong. After the attack, a favorite term that all of you people really television that day to demand an end there were dozens of arrests. These came up with: We will stop the steal. to the siege, one woman asked this: were Federal offenses, including as- (People chanting: ‘‘Yeah.’’) (Video presentation of 1–6–2021.) saulting the police. When law enforce- (People chanting: ‘‘Stop the steal.’’) Unidentified Speaker. Does he not realize ment interviewed the people who were Soon after, the President basked as President Trump called us to siege the place? at the Capitol on January 6, they, once the crowd chanted, ‘‘Fight for Trump.’’ The examples of these types of com- again, said it was because the Presi- And when he incited the crowd to show ments are endless. Don’t worry. I won’t dent told them to be there. strength, people responded: ‘‘Storm the play all of them. But it wasn’t just the Robert Sanford was seen in this wide- Capitol.’’ ‘‘Invade the Capitol.’’ Here words of the insurrectionists that ly circulated video throwing a fire ex- are both of those moments but from proved that they did this in response to tinguisher that struck a Capitol Police the crowd’s perspective: orders from their Commander in Chief. officer outside the building. (Video presentation of 1–6–20201.) We can see this in the fact that they (Video presentation of 1–6–2021.) (People chanting: ‘‘Fight for Trump.’’) were not hiding. A witness told the FBI that Sanford President TRUMP. Thank you. One rioter, in a livestream at the said he had traveled to Washington, Unidentified Speaker. Yes. Capitol said: DC, on a bus with a group of people. Unidentified Speaker. Invade the Capitol He’ll be happy. We’re fighting for Trump. The group had gone to the White House Building. (Video presentation of 1–6–2021.) and listened to Donald J. Trump’s We also have another perspective Unidentified Speaker. Let’s call Trump, speech and then had followed the Presi- from this moment, online extremist yes. Dude, dude, let’s tell Trump. dent’s instructions and gone to the chatter. At the same time as the people Unidentified Speaker. Trump would be Capitol. in the crowd shouted, ‘‘Take the Cap- very upset. Folks, the insurrectionists didn’t itol Building,’’ as President Trump Unidentified Speaker. They’d be like, no. just make this up. As Sanford’s lawyer said, ‘‘Show strength,’’ a person posted Just say we love them. We love you, bro. explained: to saying: Unidentified Speaker. No, he’ll be happy. What do you mean? We’re fighting for You’re being told, ‘‘You gotta fight like Time to fight. Civil war is upon us. Trump. hell.’’ Does ‘‘fight like hell’’ mean you throw things at people? Maybe. Another user said: And, again, this was not an isolated The lawyer added that his client We are going to have a civil war. Get incident. The individuals in this slide ‘‘wouldn’t have been there if it wasn’t ready! posted photos of themselves commit- for the president.’’ An analysis found that members of ting these crimes. Trump supporters Now, Sanford wasn’t the exception; ‘‘Civil War’’ quadrupled on Parler in who had broken into the Capitol were he was the rule. In their statements the hour after Donald Trump said, taking selfies, streaming live videos, after the attack, insurrectionists rou- ‘‘Show strength.’’ and posing. In fact, they wanted the tinely echoed what they had said be- When the insurrectionists got to the President to know: ‘‘This is me!’’ In fore and during the attack: They were Capitol, they continued those rally fact, you can see the person wrote on there because the President told them cries. Insurrectionists holding Confed- his own posting: ‘‘This is me!’’ to be. erate flags and brandishing weapons And if there were any remaining Now, look, the lawyers who are say- cheered the President’s very words: doubt, after hours of prompting, when ing that their clients were told to com- (Video presentation of 1–6–2021.) President Trump finally told the insur- mit these acts by Mr. Trump, well, Unidentified Speaker. (Inaudible.) rectionists to go home, only then did they know that putting the blame on Unidentified Speaker. Fight. Fight. Come some of them begin to listen. on, man. (Inaudible.) As you previously saw, at 4:17 p.m., the President doesn’t exonerate their (People chanting. ‘‘Stop the steal.’’) Mr. Trump released a prerecorded clients. They are just saying it, frank- You heard them chanting ‘‘Stop the video saying to the mob: ly, because that is exactly what hap- pened. steal,’’ and as the crowd chanted at the Go home. We love you. You’re very special. rally, the crowd at the Capitol made Another Trump supporter who has Shortly after he tweeted this video, a clear who they were doing this for. been federally charged is Texas real es- few of the insurrectionists who had They also chanted ‘‘Fight for Trump.’’ tate agent Jennifer Ryan. Now, Ms. seen it could be claiming victory— (Video presentation of 1–6–2021.) Ryan has given many TV interviews in heard claiming victory—and telling (People chanting: ‘‘Fight for Trump.’’) which she says she was only doing what people to go home because of Donald the President asked her and others to And it wasn’t just that they were Trump’s message and instructions. do. She also recorded video before the doing this for Mr. Trump. They were You saw earlier the insurrectionist rally talking about the mob’s plans for following his instructions. They said he Jacob Chansley, who told someone: violence, and here is what she said. had invited them, and, in fact, as we We won the day. (Text of video presentation.) heard, he had invited them. A little before that video of Ms. RYAN. Personally, I do not feel a sense As one man explained on a Chansley, he said the same thing to the of shame or guilt from my heart for what I livestream he taped from inside the crowd through a bullhorn and in- was doing. I thought I was following my Capitol, ‘‘Our president wants us here. structed them to go home because of President. I thought I was following what we . . . We wait and take orders from our the video that President Trump had were called to do. He asked us to fly there. president.’’ tweeted. Let’s watch. He asked us to be there. So I was doing what Footage from inside the Capitol he asked us to do. (Text of video presentation of 1–6– Ultimately, yes, we were going in soli- shows when the insurrectionists first 2021.) got into the building and confronted darity with President Trump. President Unidentified Speaker. Today is ours, ladies Trump requested that we be in DC on the police, the mob screamed at the offi- and gentlemen. We won the day. Today is 6th, so this was our way of going and stop- cers that they were listening to Presi- ours. We won the day. That’s right. Donald ping the steal. dent Trump. Trump has asked everybody to just go home. If it comes down to work—guess what—I’m (Video presentation of 1–6–2021.) You can look it up on his . He just going to be there. We’re all going to be up

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.002 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S647 here, and we’re going to be breaking those This man, who ran through our halls, accountable for their actions. Their windows. who ran into this Chamber, who sat leader, the man who incited them, Yet another Trump supporter who right there on the dais, and who wrote must be held accountable as well. But, was arrested after breaching the Cap- a note for Vice President Pence that he as I said earlier, you don’t have to take itol, Douglas Sweet, explained in a was coming for him—he and those with my word for it that the insurrection- media interview why he did it. Refer- him declared they would remove us ists acted at Donald Trump’s direction. ring to Donald Trump, Mr. Sweet said: from office if we went against Donald They said so. They were invited here. He said, ‘‘Hey, I need my digital soldiers to Trump. Now he is saying he would not They were invited by the President of show up on January 6.’’ And we all did. have done any of that if Mr. Trump had the United States. Some of these individuals who joined told him not to. (Text of video presentation of 1–6– in the attack on our Capitol did so as Chansley is not alone in his 2021.) part of violent, racist groups, which postarrest confession that he was fol- Unidentified Speaker. We were invited have been officially condemned by our lowing the directions of Donald Trump. here. We were invited. Hey, we were invited government. Daniel Goodwyn is a self- As more and more of these people have here. We were invited by the President of the proclaimed member of the . been charged, the confession and the United States. He was one of many. On November 7, regret simply cascades. More and more Mr. Manager RASKIN. Senators, Goodwyn tweeted a picture showing a insurrectionists are admitting that Representative DEGETTE just showed Proud Boys logo surrounded by ‘‘Stand they came at Trump’s direction. how the insurrectionists believed and Back’’ and ‘‘Stand By’’ and, again, When Riley June Williams, known understood themselves to be following ‘‘Stand back and stand by!’’ and for allegedly helping steal a laptop President Trump’s marching orders. ‘‘Await orders from our Commander in from Speaker PELOSI’s office, appeared She explained in chilling detail how Chief.’’ in court on January 21, her lawyer said they were acting in perfect alignment Look closely at this slide. You are to the judge: ‘‘It is regrettable that Ms. with his political instructions and his looking at an image of Goodwyn’s own Williams took the President’s bait and explicit strategy to retain power. tweet. He was such a loyal follower of went inside the Capitol.’’ They did what he told them to do. President Trump that he used the Troy Smocks, who was in the Capitol This pro-Trump insurrection did not President’s photo as his own profile riot on January 6, posted online that spring into life out of thin air. We saw picture on Twitter. day: ‘‘[T]oday President Trump told Us how Trump spent months cultivating Now, remember, President Trump to ‘fight like hell.’’’ He also posted that America’s most dangerous extremist told them to ‘‘Stand back and stand the President ‘‘said that Our cause was groups. We saw how he riled them up by’’ at the debate. They took it as a a matter of national security.’’ with corrosive lies and violent rhet- call to arms. And when he called them Samuel Fisher was charged with dis- oric, so much so that they were ready to arms, they were all ready to act. orderly conduct and illegally being in and eager for their most dangerous They were waiting for their orders, the Capitol on January 6. That day, be- mission, invalidating the will of the which they got on January 6. fore the attack on this building, he And Goodwyn followed those orders. people to keep Donald Trump in office. wrote on his website: ‘‘Trump just We must remember that this was not He stood ready as others broke into the needs to fire the bat . . . ’’ and the first time Donald Trump had in- windows of the Capitol and climbed in- ‘‘then the pain comes.’’ flamed and incited a mob. Trump knew side. Here he is on another of the insur- The lawyer for Dominic Pezzola, a rectionist live streams in one of the leader of the Proud Boys, who was the that his incitement would result in vio- first floor hallways of the building. first person to break inside the Capitol, lence not only because of the thou- When it became clear that Donald said that President Trump effectively sands of violent messages that were Trump was not going to save these told his client and others: posted all over the forums and the widespread news of preparations for vi- folks from prosecution, when it became People of the country, come on down, let clear that the Commander in Chief had people know what you think. [The] logical olence among extremist groups and his given false commands that went thinking was, ‘‘He invited us down.’’ communications on Twitter with the against this country, some of his sup- Pezzola’s lawyer went on: insurrectionists themselves; he knew it porters even expressed regret, and they These were people acting in a way they also because he had seen many of the said they felt duped. have never acted before, and it begs the ques- exact same groups he was mobilizing Here is Jacob Chansley again, whom tion, ‘‘Who lit the fuse?’’ participate in extremist violence be- we saw in a video claiming victory On January 6, we know who lit the fore. Moreover, he had seen clearly how after the President told the rioters to fuse. Donald Trump told these insur- his own incitement of violence in go home. Earlier in the afternoon, as rectionists to come to the Capitol and praise after the violence took place you will recall, Chansley carried a stop the steal. And they did come to galvanized, encouraged, and electrified spear as he breached the Capitol, en- the Capitol, and they tried to stop the these extremist followers. These tac- tered the Senate through the Gallery, certification. They came because he tics were road-tested. and went right here, onto the Senate told them to. And they did stop our January 6 was a culmination of the floor. proceedings, but only temporarily, be- President’s actions, not an aberration Chansley left a threatening note for cause he told them to. from them. The insurrection was the Vice President PENCE, right there on Have you noticed, throughout this most violent and dangerous episode—so the Senate dais. It read: presentation, the uncanny similarity, far—in Donald Trump’s continuing pat- It’s only a matter of time. Justice is com- over and over and over again, of what tern and practice of inciting violence. ing. all these people are saying? They said But I emphasize ‘‘so far.’’ On January 7, Chansley spoke to the what Donald Trump said, and they Earlier, Congresswoman PLASKETT FBI, and he said that he came as part echo each other: Stand back and stand showed several episodes of Trump’s in- of a group effort with other ‘‘patriots’’ by. Stop the steal. Fight like hell. citement that took place during the from Arizona at the request of the Trump sent us. We are listening to Presidential election. But his encour- President that all ‘‘patriots’’ come to Trump. agement of violence against other pub- DC on January 6, 2021. The riots that day left at least 7 peo- lic officials who he thought had crossed On January 14, Chansley’s lawyer ple dead; more than 150 people injured; him long predates the 2020 campaign. gave an interview to Chris Cuomo, in Members, Senators, and our staffs all The incitement of violence is always which he said that Chansley was there traumatized to this day; damage and dangerous, but it is uniquely intoler- ‘‘at the invitation of our President, pain to our Capitol; damage and pain able when done by the President of the who said [he would] walk down Penn- to Americans; damage to our police United States of America. But that be- sylvania Avenue with him.’’ In fact, force; and damage to other nations who came the norm. Chansley’s lawyer now says that have always seen us as a bastion of de- On President Trump’s watch, White Chansley felt duped by the President, mocracy. supremacists and extremist groups and he regrets what the President All of these people who have been ar- have spread like wildfire across the brought him to do. rested and charged, they are being held land. His own Department of Homeland

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.003 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S648 CONGRESSIONAL RECORD — SENATE February 11, 2021 Security called homegrown terrorism back. And that is what we need a little bit Now, let’s consider the events, Sen- the No. 1 threat facing Americans more of. ators, that took place last year in today. But no matter how many people Unidentified Speaker. We will talk to you Michigan where President Trump dem- about that later. inside and outside government begged Unidentified Speaker. Yep. There’s not onstrated his willingness and his abil- him to condemn extreme elements pro- going to be time. ity to incite violence against govern- moting violence and, indeed, civil war Unidentified Speaker. I am sick and tired ment officials who he thought were in America and race war in America, of you guys. The last time you came here getting in his way. he just wouldn’t do it, and that is be- you did the same thing. Get the hell out of When responding to extremist plots cause he wanted to incite and provoke here. in Michigan, Trump showed he knew their violence for his own political gain Unidentified Speaker. You suck. how to use the power of a mob to ad- Unidentified Speaker. Get the hell out of vance his political objectives. and for his own strategic objectives. here. Ever since he became President, Unidentified Speaker. The last guy did the Beginning in March, Trump leveled Trump revealed what he thought of po- same thing. Are you ? attacks on Michigan Governor Gretch- litical violence for his side. He praised Unidentified Speaker. Yes, and you just en Whitmer for the coronavirus poli- it, and he encouraged it. broke my glasses. cies in her State. Right now, I am going to play for you Unidentified Speaker. The last guy did the On March 17, the day after Governor just a few clips from over the years same damn thing. Whitmer pushed the Federal Govern- Unidentified Speaker. You just body- ment to better support the States on when the President’s words success- slammed me and broke my glasses. fully incited his supporters into as- President TRUMP. Greg is smart. And, by COVID–19, Trump criticized her han- saulting his opponents. the way, never wrestle him. Do you under- dling of the pandemic, tweeting: (Text of video presentation.) stand that? Never. Failing Michigan Governor must work (People chanting: ‘‘U.S.A.’’) Any guy that can do a body slam, he is my harder and be much more proactive. We are President TRUMP. See, the first group, I kind— pushing her to get the job done. I stand with was nice: Oh, take your time. The second (People chanting: ‘‘Jews will not replace Michigan! group, I was pretty nice. The third group, I’ll us.’’) On March 27, he added: be a little more violent. And the fourth (People chanting: ‘‘Fuck you, faggots.’’) Unidentified Speaker. What the fuck, you I love Michigan, one of the reasons we are group, I’ll say: Get the hell out of here. doing such a GREAT job for them during this I said: Get him the hell out of here, will asshole. Unidentified Speaker. I am not even saying horrible Pandemic. Yet your Governor, you, please? Get him out of here. Throw him Gretchen ‘‘Half’’ Whitmer is way in over her out. we are not violent. I’m saying that we fucking didn’t aggress. We did not initiate ahead, she doesn’t have a clue. Likes blam- I get a little notice—in case you see the se- ing everyone for her own ineptitude! curity guys, they are wonderful security force against anybody. We are not non- violent. We will fucking kill these people if #MAGA. guys. They said: Mr. Trump, there may be By April, Trump’s rhetorical attacks somebody with tomatoes in the audience. we have to. President TRUMP. I do think there’s So if you see somebody getting ready to and name-calling turned to calls for blame, yes. I think there is blame on both throw a tomato, knock the crap out of them, mass mobilization of his supporters. sides. You look at—you look at both sides. I would you? Seriously, OK? Just knock the This was a sign of things to come. think there is blame on both sides. You also hell—I promise you, I will pay for the legal On April 17, 2020, he tweeted: had people that were very fine people on fees. I promise. both sides. LIBERATE MICHIGAN Well, we have seen these clips and Not even 2 weeks later, on April 30, Just in case you didn’t catch all of many, many more like them before, his supporters marched on the Michi- that, the President praised a Repub- but think about the brutal power and gan State capitol in Lansing. They lican candidate who assaulted a jour- effectiveness of his words with his fol- stormed the building. Trump’s march- nalist as ‘‘my kind’’ of guy. He said lowers. You heard him. He told his sup- ing orders were followed by aggressive there were ‘‘very fine people on both porters to be a little more violent, and action on the ground. sides’’ when the neo-Nazis, the Klans- they responded to his command by lit- (Text of video presentation.) men, and Proud Boys invaded the erally dragging a protester across the city—the great city of Charlottes- Unidentified Speaker. We have a right. Let floor at one of his campaign rallies. us in. ville—and killed Heather Heyer. And He cried: Get him the hell out of (People chanting: ‘‘Let us in.’’ he said that an attack on a Black pro- here. Throw him out. Unidentified Speaker. Heil Hitler! Heil Hit- tester at one of his rallies was very, His supporters punched and kicked ler. very appropriate. Unidentified Speaker. You policemen are another protester as he was escorted Does that sound familiar? Listen to all cowards. You betrayed us. The police from the hall. He told his supporters to how President Trump responded when have betrayed the people. knock the hell out of people who op- asked about his own conduct on Janu- (People chanting: ‘‘Lock her up up.’’) posed him and promised to pay the ary 6. As the video shows, these legal fees of the assailants. (Text of video presentation.) protesters showed up ready to take a Time after time, he encouraged vio- Unidentified Speaker. What is your per- violent stand. They came armed and lence. His supporters listened, and they sonal responsibility? tightly packed themselves into the got the message. But it wasn’t just President TRUMP. So if you read my building with no regard, of course, for Trump’s encouragement of violence speech—and many people have done it—it social distancing. that conditioned his supporters to par- has been analyzed, and people thought that This Trump-inspired mob may indeed ticipate in this insurrection on Janu- what I said was totally appropriate. look familiar to you: Confederate bat- ary 6; it was also his explicit sanc- So there the pattern is, staring us in tle flags, MAGA hats, weapons, camo tioning of the violence after it took the face. Very, very ‘‘appropriate,’’ he Army gear—just like the insurrection- place. said after a man was assaulted at one ists who showed up and invaded this Let’s watch some of those incidents, of his rallies. ‘‘Totally appropriate’’ Chamber on January 6. beginning with Trump praising sup- was how he characterized his incite- The siege of the Michigan State porters who assaulted a Black pro- ment on January 6, meaning that, of House was effectively a State-level tester. course, if given the chance, he would dress rehearsal for the siege of the U.S. (Text of video presentation.) gladly do it again because why would Capitol that Trump incited on January President TRUMP. Lying . he not engage in totally appropriate 6. It was a preview of the coming insur- But we’ve had a couple that were really conduct? rection. violent. And the particular one, when I said An examination of his past state- President Trump’s response to these I would like to bang him, that was a very vi- ments makes it clear that when Donald two events was strikingly similar. Fol- cious—you know, it was a guy who was Trump tells a crowd, as he did on Janu- lowing the armed siege in Lansing, swinging—very loud and then started swing- ing at the audience. And you know what? ary 6, ‘‘fight like hell or you won’t President Trump refused to condemn The audience swung back. And I thought it have a country anymore,’’ he meant for the attacks on the Michigan capitol or was very, very appropriate. He was swinging, them to fight like hell. On January 6, denounce the violent lawbreakers. In- he was hitting people, and the audience hit that became clear to all of America. stead, he did just the opposite. He

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.005 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S649 upheld the righteousness of his violent The men in Michigan even considered had provoked the violent plot against followers’ cause, and he put pressure on building Molotov cocktails to disarm Governor Whitmer. Check it out. It is the victim of the attack to listen to his police vehicles and attempted to con- telling. supporters. struct their own IEDs—something that (Text of video presentation.) The day after the mob attack in Lan- actually happened here on January 6. President TRUMP. We got to get her sing, Trump told Governor Whitmer to Police authorities arrested extremists going. I don’t think she likes me too much. negotiate with extremists, tweeting who had weapons and materials to (People chanting: ‘‘Lock her up.’’) that the Governor should just ‘‘give a President TRUMP. See, I don’t comment build explosive devices, including one to that because every time, if I make just little’’ to the violent men who had man found with an assault rifle and even a little bit of a nod, they say: ‘‘The stormed the Capitol, threatening not enough materials to make 11 Molotov President led them on.’’ No, I don’t have to only the stability of the Michigan gov- cocktails. lead you on. Even a little nod, they say: ernment but her own life. On September 17, 2020, one of the ‘‘The President said.’’ Your Governor, at the As you can see, he tweeted: Michigan conspiracists posted: urging of her husband, who has abused our system very badly—the only man allowed in The Governor of Michigan should give a When the time comes there will be no need the State of Michigan—the only man allowed little, and put out the fire. These are very to try and strike fear through presence. The to go sailing is her husband. Now, your Gov- good people, but they are angry. They want fear will be manifested through bullets. their lives back again, safely! See them, talk ernor—I don’t think she likes me too much. to them, make a deal. And what did Donald Trump do as Hey, hey, hey, hey, I’m the one. It was our President of the United States to de- The President said heavily armed ex- people that helped her out with her problem. fend one of our Nation’s Governors I mean, we have to see if it is a problem, tremists carrying Confederate battle against a plotted kidnapping by violent right? People are entitled to say maybe it flags and pushing past police to over- insurrections? Did he publicly condemn was a problem, maybe it wasn’t. It was our take the Michigan State House cham- violent domestic extremists who hoped people—my people—our people that helped ber are ‘‘very good people’’ and just ne- her out. and planned to launch a civil war in gotiate with them. So President Trump offered them a It is clear he doesn’t think that they America? No, not at all. He further in- flamed them by continuing to attack little winking inside joke about his are at fault in any way at all. But constant incitement of the mob and April 30 wasn’t the only time Trump the Governor who was the object of their hatred in this kidnapping con- how much can actually be commu- supporters stormed the Michigan cap- nicated by him with just a little nod— itol. Emboldened by the praise and his spiracy. The very night this conspiracy be- just a little nod. encouragement and support, they esca- He presided over another pounding, came public and that Governor lated again. Governor Whitmer refused rhythmic rendition of his trademark Whitmer learned that there were 13 to capitulate to the President’s de- chant: ‘‘Lock her up. Lock her up.’’ men who were planning to kidnap and mand to negotiate with them. Then, referring to the FBI’s foiling of likely kill her, Trump did not condemn Two weeks later, on May 14, Trump’s the kidnapping conspiracy, which was the violence. He did not criticize the mob again stormed the State capitol. deadly serious, he said that he helped extremists. He didn’t even check on This time, as you can see here, one her out with a problem. man brought a doll with a noose Governor Whitmer’s safety. He chose (Text of video presentation.) to vilify Governor Whitmer again and around the neck, foreshadowing the ap- Maybe it was a problem; maybe it wasn’t. pearance of the large gallows erected then, amazingly, took credit for foiling We will have to see. outside of this building, downstairs the plot against her, demanding her Maybe it was a problem; maybe it wasn’t. from here, on January 6, as the crowd gratitude, and then quickly, of course, The President of the United States of chanted—and I still can hear the words changed the subject to . He America—he could not bring himself to ringing in my ear—‘‘Hang . tweeted: publicly oppose a kidnapping and po- Hang Mike Pence. Hang Mike Pence.’’ Governor Whitmer . . . has done a terrible tential assassination conspiracy plot Over the coming months, even after a job. against a sitting Governor of one of our crowd threatening Governor Whitmer He demanded that she thank him for 50 States? stormed the capitol, Trump continued the law enforcement operation that Trump knew exactly what he was to assail her in public. At a rally in had foiled the kidnapping conspiracy doing in inciting the January 6 mob— Michigan on September 10, Trump that had been encouraged by his rhet- exactly. He had just seen how easily whipped up the crowd against Governor oric. his words and actions inspired riots in Whitmer saying: On October 17, a little over a week Michigan. He sent a clear message to She doesn’t have a clue about reopening after these people were arrested for his supporters. He encouraged planning her own state’s economy. preparing to kidnap Gretchen Whitmer, and conspiracies to take over capitol The crowd cheered. Donald Trump riled up the boisterous buildings and threaten public officials Then, on October 8, the precise con- crowd in Muskegon with more personal who refused to bow down to his polit- sequences of the President’s incite- attacks on Whitmer, driving the crowd ical will. ment to violence were revealed to the to chant ‘‘Lock her up. Lock her up.’’ Is there any chance Donald Trump whole world. He had now seen that some of his fol- was surprised by the results of his own (Video presentation.) lowers were prepared to engage in incitement? Let’s do what Tom Paine Look at this. Thirteen men were ar- criminal violence with orchestrated at- told us to do, use our common sense, rested by the FBI for plotting to storm tacks, deadly weapons, and willing bod- the sense we have in common as citi- the Michigan State capitol building, ies to storm a State capitol building zens. launch a civil war, kidnap Governor and to attack his perceived political If we don’t draw the line here, what Whitmer, transport her to Wisconsin, enemies, and so as the crowd chanted is next? What makes you think the and then try and execute her. ‘‘Lock her up,’’ he pivoted to his next nightmare with Donald Trump and his This was an assassination con- goal. He told them they couldn’t trust lawmaking and violent mobs is over? If spiracy, a kidnapping conspiracy. Look the Governor to administer fair elec- we let him get away with it and then it at the language that they used. In the tions in Michigan. He used the crowd comes to your State capital or it comes charging document, the FBI reported that he knew would readily engage in back here again, what are we going to that one of the conspirators said he violence to prepare his followers for his say? needed ‘‘200 men’’ to storm the capitol next and, of course, his paramount po- These prior acts of incitement cast a building and take political hostages, litical objective: claiming the election harsh light on Trump’s obvious in- including the Governor. The suspect was stolen and inciting insurrectionary tent—obvious intent—his unavoidable called it a ‘‘snatch and grab, man. Grab action. knowledge of the consequences of his the [f’ing] Governor.’’ He did it again on October 27 during incitement, the unavoidable knowledge One of those men already pled guilty a preelection rally speech in Lansing, of the consequences of his incitement, to this conspiracy. MI, where the capitol had been and the clear foreseeability of the vio- The plot was well organized, just like stormed. Trump openly joked with the lent harm that he unleashed on our the one that was coming on January 6. crowd about critics saying his words people and our Republic.

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.006 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S650 CONGRESSIONAL RECORD — SENATE February 11, 2021 January 6 was not some unexpected, President Trump’s lack of remorse Here is what he actually said: radical break from his normal law- and refusal to take accountability (Text of video presentation of 1–7– abiding and peaceful disposition. This after the attack poses its own unique 2021.) was his state of mind. This was his es- and continuing danger. It sends the President TRUMP. And to all of my won- sential M.O. He knew that, egged on by message that it is acceptable to incite derful supporters, I know you are dis- his tweets, his lies, and his promise of a violent insurrection to overthrow the appointed, but I also want you to know that a wild time in Washington to guar- will of the people and that a President our incredible journey is only just beginning. antee his grip on power, his most ex- of the United States can do that and President Trump not only failed to treme followers would show up bright get away with it. show remorse or take accountability, and early, ready to attack, ready to en- That is why we have to hold Presi- he made clear he is just beginning. gage in violence, ready to fight like dent Trump accountable, to send a For days, he did not address the Na- hell for their hero, just like they an- message that it is never patriotic to in- tion after this attack. We needed our swered his call in Michigan. cite a violent attack against our Na- Commander in Chief to lead, to unite a President Trump has said over and tion’s Capitol and that future Presi- grieving country, to comfort us. But over his supporters are loyal. In his dents will know that they cannot fol- what did President Trump do? Nothing. own words, his supporters are the low in Donald Trump’s footsteps and Silence. We are all aware that a violent ‘‘most loyal’’ we have seen in our coun- get away with it. mob murdered a police officer. It took try’s history. He knew that his most So let’s start with the day of the at- President Trump 3 days before he low- hardcore supporters were willing to di- tack. On insurrection day, January 6, ered the flag of the United States of rect violence at elected officials—in- President Trump did not once condemn America—3 days—and President deed, to attack and lay siege to a cap- the attack, not even once. Even when Trump, who was Commander in Chief itol building—and he knew they would he finally asked the violent extremists at the time, did not attend and pay re- be ready to heed his call on January 6 to go home, which was 3 hours after the spects to the officer who lay in state in to stop the steal by using violence to attack began, he sends this video, and the very building that he died defend- block the peaceful transfer of power in he ends it with ‘‘You’re very special. ing. Now, some people have argued that the United States. He knew they were We love you.’’ That was his message to President Trump made a mistake; that coming. He brought them here, and he people who perpetrated this violent, he gets a mulligan, but we know Presi- welcomed them with open arms: gruesome attack—‘‘We love you’’—and dent Trump didn’t make a mistake be- We hear you (and love you) from the Oval then 2 hours later, he tweets ‘‘Remem- Office. cause, you see, if you or I make a mis- ber this day forever.’’ My dear colleagues, is there any po- This is not a man who showed re- take when something very bad hap- litical leader in this room who believes morse, but it is worse than that. After pens, we would show remorse; we would that if he is ever allowed by the Senate that tweet, it took him another full accept responsibility. President Trump to get back into the Oval Office, Don- day to even condemn the attack itself. didn’t do any of that. Why not? Be- ald Trump would stop at inciting vio- The very next day, President Trump cause he intended for what happened lence to get his way? Would you bet was eerily silent, and then at 7:01 p.m., on January 6. And how do we know the lives of more police officers on he releases a prerecorded video, and that? He told us. On January 12, as President Trump that? Would you bet the safety of your there, President Trump for the first was boarding Air Force One, headed to family on that? Would you bet the fu- time, nearly 30 hours after the attack Texas—and you saw this video before, ture your democracy on that? began, acknowledges and condemns the President Trump declared his con- and I am going to show it again—he violent mayhem that occurred. He said duct totally appropriate, so if he gets was asked by a reporter: the demonstrators ‘‘defiled the seat of back into office and it happens again, American democracy.’’ He said that What is your role in what happened at the we will have no one to blame but our- Capitol? What is your personal responsi- selves. these demonstrators didn’t represent bility? this country and if they broke the law, Mr. LIEU will return now to tell you This was his response: about President Trump’s total lack of they would pay. (Text of video presentation of 1–12– remorse after the insurrection. But even in that video, he says more 2021.) lies. He says in that very same video Mr. Manager LIEU. Good afternoon. President TRUMP. But they’ve analyzed My colleagues walked you through that he immediately deployed the Na- my speech and my words and my final para- President Trump’s actions leading up tional Guard. That, again, is not true. graph, my final sentence, and everybody, to to January 6 and then the horrific The National Guard was not deployed the T, thought it was totally appropriate. events on January 6, and we saw both until over 2 hours after the attack On January 12, President Trump had during the attack as well as in the days began at around 3 p.m. Because of this seen the violent attack on the Capitol. after the attack that this was a Presi- late deployment, the National Guard He knew people had died, and his mes- dent who showed no remorse and took did not arrive until after 5 p.m. sage to all of us was that his conduct no accountability—in fact, quite the When the Guard was deployed, the was totally appropriate. opposite. As Representative RASKIN Pentagon had released a statement I am a former prosecutor, and we are showed you, President Trump claimed that showed the list of people—and you trained to recognize lack of remorse, that his actions were ‘‘totally appro- saw that list—of folks that were con- but it doesn’t take a prosecutor to un- priate.’’ sulted before deploying the National derstand that President Trump was not The assertion that everyone thought Guard. showing remorse; he was showing defi- Donald Trump’s actions were totally Several people were on their list, in- ance. He was telling us that he would appropriate, including people in this cluding the Vice President. President do this again; that he could do this room, is, of course, untrue. It is also Trump was not on that list. You know, again; that he and future Presidents dangerous. That is why Members of as a veteran, I find it deeply dishonor- can run for national election, lose an Congress and U.S. Senators, former and able that our Commander in Chief did election, inflame the supporters for current administration officials, State not protect us. Then, later, he tried to months, and then incite an insurrec- and local officials, all unequivocally take credit for something he failed to tion and that that would be totally ap- confirm what we witnessed with our do. Shameful. propriate. own eyes—that Donald Trump’s con- Also, in that video, you should note One week after the attack, on Janu- duct was wrong, it was destructive, dis- what it did not say. Absent from that ary 13, President Trump, in response to honorable, and un-American. entire video was any actual acceptance continuing bipartisan criticism, re- President Trump’s lack of remorse of responsibility for his actions. Absent leased another video. and refusal to take accountability dur- from that video was a call to his most Here is part of what he said: ing the attack shows his state of mind. fervent supporters to never do this (Text of video presentation of 1–13– It shows that he intended the events of again. And here was his final message 2021.) January 6 to happen, and when it did, in that so-called condemnation-of-at- President TRUMP. I want to be very clear. he delighted in it. tack video. I unequivocally condemn the violence that

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.008 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S651 we saw last week. Violence and vandalism Mr. Cox. And people have to be held ac- This was echoed by former Trump of- have absolutely no place in our country and countable. And yes, that includes the Presi- ficial after former Trump official. no place in our movement. dent. Here is what former National Secu- President Trump, of course, needed (Text of video presentation of 1–7– rity Advisors John Bolton and H.R. to make that statement. He needed to 2021.) McMaster, former White House Com- unequivocally condemn that attack, Mr. Baker. It’s important to remember munications Director Alyssa Farah, but he also needed to mean those that they were the culmination of months of and former Chief of Staff Mick words. You saw Donald Trump tweet President Trump repeating over and over Mulvaney said: endless attacks—sometimes 108 tweets again that the American electoral system is (Text of video presentation of 1–7– in a day—and in public speeches and a fraud. After he stoked the flames of out- 2021.) across rallies, repeating words of rage for weeks leading up to the events of Mr. Tapper. Let me just ask you: Do you ‘‘Fight’’ and ‘‘Stop the steal’’ and yesterday, he refused to adequately pre- think President Trump has blood on his ‘‘Never surrender.’’ You know what it pare the U.S. Capitol for the possibility hands? looks like when President Trump of violence and left it nearly defense- Mr. Bolton. I think he does. Look, I agree with Bill Barr. I think he did incite this mob wants to convey a message. Forcefully, less. His remarks during and after the travesty of the attack on the Capitol with the clear intention of having them dis- loudly, and repeatedly he does that. rupt the electoral college certification and This video, sent after a week of the were disgraceful. (Text of video presentation of 1–7– delay it to give him more time. I don’t think attack, was not that. We know this be- there’s any question about it. 2021.) cause, in this video, he again does not (Text of video presentation of 1–7– show remorse and does not take re- Mr. DeWine. President Trump’s continued 2021.) refusal to accept the election results without sponsibility. He again does not ac- Mr. McMaster. There are many reasons for knowledge his role in the insurrection. producing credible evidence of a rigged elec- tion has stirred the fire that has threatened this assault on the Capitol, but foremost He does not say in that video, for ex- to burn down our democracy. This incen- among them was the President’s exhor- ample, ‘‘Everything I said in the diary speech yesterday, the one he gave pre- tations, was the President’s sustained months prior went too far,’’ and he ceding the march, that he gave to the pro- . does not say the one sentence that testers, served only to fan those flames. (Text of video presentation of 1–17– matters. He does not say the one sen- (Text of video presentation of 1–7– 2021.) tence that would stop future political 2021.) Mr. McMaster. We’ve seen a President stoking fears amidst these crises. violence: ‘‘The election was not sto- Mr. Hogan. I proudly stood by my father’s len.’’ He still hasn’t said that sentence. side at age 12 on the floor of the House (Text of video presentation of 1–17– That is why National Guard troops, in Chamber as we both took the oath of office, 2021.) full body armor, still patrol outside. an oath to support and defend the Constitu- Ms. Farah. First and foremost, I want to Reports from the White House also tion of the United States. It’s clear to me say that what happened at the Capitol was confirm that President Trump believed that President Trump has abandoned this sa- unacceptable, un-American, undemocratic. he was ‘‘forced by the bipartisan furor cred oath. (Text of video presentation of 1–8– after the insurrection to acknowledge (Text of video presentation of 1–7– 2021.) the new administration.’’ We know he 2021.) Mr. Mulvaney. I think everybody recog- did not stand behind his belated con- Mr. Scott. Seeing our Capitol, a symbol of nizes that what happened on Wednesday is demnation because those around him democracy around the world, stormed by an different. You can go down the long litany of confirmed it. Behind closed doors, angry mob was heartbreaking. And let me be things that people complained about with sources confirmed that President clear: These actions were not patriotic, and Donald Trump, and I could probably defend Trump still refused to directly ac- these people are not patriots. The fact that almost all of them. Many of them were pol- these flames of hate and insurrection were icy differences; many of them were stylistic knowledge his election loss to Joe differences, but Wednesday was different. Biden. He refused to even attend the lit by the President of the United States will be remembered as one of the darkest chap- Wednesday was existential. Wednesday is one peaceful transition of power—the first ters in our Nation’s history. of those things that struck to the very heart President in modern history. President of what it means to be an American, and it Trump even, reportedly, while watch- One of the darkest chapters in our was wrong. ing the impeachment vote, ‘‘focused his Nation’s history. , President Trump’s ire’’ on the Republicans who voted for Former members of the Trump ad- former Chief of Staff, is clearly saying his impeachment, peppering aides with ministration, longstanding Repub- what we all felt—that January 6 was questions about ‘‘what he could do to licans, also made clear that President different. It was existential. It was exact revenge.’’ Trump incited this insurrection and wrong. It was un-American. President Trump has made clear that it went against our democracy. This sentiment was echoed not just that, if he is not held accountable, he The President’s former Secretary of from people outside the administration will not be accountable. He will not Defense, James Mattis, declared: but from people inside the Trump ad- stop. Now, President Trump would [T]oday’s violent assault on our Capitol, an ministration. Perhaps the most telling have his base and the world believe effort to subjugate American democracy by was the flood of resignations from peo- that his conduct was totally appro- mob rule, was fomented by Mr. Trump. ple inside President Trump’s adminis- priate. It is important to impeach that Former White House Chief of Staff tration with firsthand access to Presi- falsehood, to make clear to his sup- John Kelly spoke on this as well, and I dent Trump. His own officials felt so porters and everyone watching that would like to play an audio clip of betrayed by his conduct that numerous what Donald Trump did was not ac- what he said. officials resigned in days before ceptable—in fact, quite the opposite. (Text of audio presentation of 1–7– the end of President Trump’s term. People in his own party—State offi- 2021.) Sixteen officials resigned in protest— cials, former officials, current officials, Mr. Kelly. [W]hat happened on Capitol Hill 16. They all took this dramatic action Members of Congress—have, unambig- . . . was a direct result of him poisoning the of resigning because they saw the clear uously and passionately, said that minds of people with the lies and the fraud. link between President Trump’s con- what Donald Trump did was ‘‘disgrace- If you couldn’t hear that, what John duct and the violent insurrection. ful,’’ ‘‘shameful,’’ and have called his Kelly said about President Trump was Here is some of what they said. behavior ‘‘existential’’ and ‘‘wrong,’’ that what happened on Capitol Hill was Secretary DeVos, who was in the ad- and they have said that his actions a direct result of his poisoning the ministration the entire term, told gave rise to one of the darkest chapters minds of people with the lies and the President Trump in her resignation let- in United States’ history. fraud. ter: Let’s hear what some of these offi- Former Speaker of the House John [T]here is no mistaking the impact your cials had to say. Here are Governors Boehner declared: rhetoric had on the situation, and it is an in- flection point for me. Spencer Cox, Charlie Baker, Mike [T]he invasion of our Capitol by a mob, in- DeWine, Larry Hogan, and Phil Scott. cited by lies from some entrusted with Secretary Chao, who was in the ad- (Text of video presentation of 1–11– power, is a disgrace to all who sacrificed to ministration the entire term, ex- 2021.) build our Republic. plained:

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.009 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S652 CONGRESSIONAL RECORD — SENATE February 11, 2021 Yesterday, our country experienced a trau- just to people’s lives but to the very founda- emboldened and escalated domestic vi- matic and entirely avoidable event as sup- tion of our Republic. olence extremists. These folks are porters of the President stormed the Capitol And now I would like to show what known in the law enforcement commu- building following a rally he addressed. As Members of Congress said leading up to nity as DVEs. I’m sure is the case with many of you, it has These threats were and are made deeply troubled me in a way I simply cannot the most bipartisan impeachment vote set aside. in U.S. history, because I do want ev- worse by President Trump’s refusal to take accountability and his refusal to Deputy Costello told his associates eryone watching, especially President Trump’s supporters, to see firsthand forcibly denounce what his own FBI the attack was his ‘‘breaking point’’ identified as some of the most dan- and, he hoped, ‘‘a wake-up call.’’ what I believe we all feel—that what President Trump did was not appro- gerous elements of our country. Even These rebukes and resignations from as the attack was underway, he President Trump’s own administration priate, that it was not American, and that it absolutely cannot stand. tweeted words of support to his violent make clear that President Trump’s supporters, and then, in the aftermath conduct was anything but totally ap- (Text of Videotape presentation 1/7/ 2021.) on January 7, President Trump made it propriate. They also remind us that clear this was only the beginning. this can and must be a wake-up call. Ms. CHENEY. What he has done and what he has caused here is something that we’ve (Text of video presentation of 1–7– As Representative FRED UPTON so never seen before in our history. 2021.) eloquently put it, ‘‘[President Trump] (Text of Videotape presentation 1/7/ President TRUMP. And to all of my won- expressed no regrets for last week’s derful supporters, I know you are dis- violent insurrection at the U.S. Cap- 2021.) appointed, but I also want you to know that itol. This sends exactly the wrong sig- Mr. KINZINGER. All indications are that our incredible journey is only just beginning. nal to those of us who support the very the president has become unmoored not just And he was right. Unless we take ac- core of our democratic principles and from his duty or even his oath but from re- tion, the violence is only just begin- ality itself. took a solemn oath to the Constitu- ning. In the aftermath of the attack, tion. . . . It is time to say: Enough is (Text of video presentation of 1–12– we saw a huge rise in threats from do- enough.’’ 2021.) mestic violence extremists, including Now, no one is saying here that Mr. KATKO. The President’s role in this specific threats to the inauguration in President Trump cannot contest the insurrection is undeniable. Both on social DC, and also to all 50 State capitols. election. Of course, he can. But what media ahead of January 6 and in his speech Our intelligence Agencies confirmed President Trump did, as his former that day, he deliberately promoted baseless that, in addition to these specific theories creating a combustible environment Chief of Staff explained, was different. of misinformation and division. To allow the threats, President Trump’s conduct It was dishonorable, it was un-Amer- President of the United States to incite this emboldened the very same violent ican, and it resulted in fatalities. attack without consequences is a direct groups who initiated the attack and President Trump spent months inflam- threat to the future of [this] democracy. sparked new violent coalitions. ing his supporters, spread lies to incite After this trial, I hope you will come These groups believe that they are a violent attack on our Capitol, on our together and cast your vote and make following his orders. They believe that law enforcement, and on all of us. absolutely clear how we, as a Congress their acts of insurrection and violence And then he lied again to his base to and as a nation, feel about what Don- are patriotic. Violence is never patriotic, and it is tell them that this was all OK, that ald Trump did by convicting him, and never American. It is not the Demo- this was all acceptable. And that is to prevent this from being ‘‘only the cratic way, and it is not the Repub- why President Trump is so dangerous— beginning,’’ as President Trump said, lican way. because he would have all of us, all and to deter future Presidents who do Americans, believe that any President After the attack, ’s top de- not like the outcome of a national fense and law enforcement Agencies re- who comes after him can do exactly election from believing they can follow the same thing. ported an increase in credible threats in President Trump’s footsteps. to the inauguration from Donald That is why lack of remorse is an im- It is what our Constitution requires. portant factor in impeachment, be- Trump’s supporters. It is what our country deserves. On January 13, 2021, a joint intel- cause impeachment, conviction, and Mr. Manager RASKIN. Representa- disqualification is not just about the ligence bulletin issued by the Depart- tive DEGETTE will now return to show ment of Homeland Security, the FBI, past. It is about the future. It is mak- how extremists were emboldened by ing sure that no future official, no fu- and the National Counterterrorism the insurrection and planned to attack Center found: ture President does the same exact the inauguration. thing President Trump does. Since the 6 January event, violent online Ms. Manager DEGETTE. My col- rhetoric regarding the 20 January Presi- President Trump’s lack of remorse leagues have showed you the over- dential Inauguration has increased, with shows that he will undoubtedly cause whelming evidence of how President some calling for unspecified ‘justice’ for the future harm if allowed, because he still Trump’s conduct assembled, incited, 6 January fatal shooting by law enforcement refuses to account for his previous and inflamed the mob. We showed how of a participant who had illegally entered grave crime against our government. and why this attack, this violence, was the Capitol Building, and another posting You know, I am not afraid of Donald not only foreseeable but preventable. that ‘many’ armed individuals would return on 19 January. Trump running again in 4 years. I am We showed that President Trump knew afraid he is going to run again and lose his conduct could and would result in The Agencies also made clear why because he can do this again. violence, and that when the attack oc- these threats were escalating, espe- We are in an unusual situation be- curred, he did not fulfill his duty as cially regarding the inauguration. The cause, despite President Trump’s claim Commander in Chief and defend us. In- report explained that a primary moti- that everyone thinks what he did was stead, he was delighted. vating factor was: fine, so many have come out and spo- Donald Trump incited a violent in- The shared false narrative of a ‘‘stolen’’ ken so strongly and passionately about election and opposition to the change in con- surrection and he failed to defend our trol of the executive and legislative branches what happened here. Nation, our Capitol, this Congress, and I would like to highlight a statement of the Federal Government may lead some our law enforcement from the attack individuals to adopt the belief that there is by Representative ANTHONY GONZALEZ. he incited. no political solution to address their griev- He said: Now I want to turn to the impact, ances and that violent action is necessary. The Vice President and both chambers of the long-term harm of this conduct. In other words, President Trump’s Congress had their lives put in grave danger My colleagues and I will walk through spreading of inflammatory as a result of the President’s actions in the the breadth and gravity of this harm. events leading up to and on January 6th. disinformation about the election in- During the attack itself, the President aban- I would like to start with the effect cited the insurrection on January 6 and doned his post while many members asked President Trump’s conduct had on our may lead to further violence. for help, thus further endangering all domestic security. We saw firsthand Online, just as they did prior to the present. These are fundamental threats not how Donald Trump’s conduct January 6 attack, Trump supporters

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.010 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S653 took to the internet to organize and As Griffin later said about President who came here on January 6 peace- document their desire and plans for fu- Trump retweeting his inflammatory fully, is paying the price. And it is not ture violence at President Biden’s in- comment about the dead Democrats: just a loss of access; it is a dimming of auguration. And indeed, in the days It really means a lot to me, because I know their freedom. It is a dimming of all of shortly after the attack, several post- that the president of the United States has our freedom. ers on extremist social media websites my back. We must uphold our oaths, as the made further plans for violence. Remember, this is a man who was tens of thousands of law enforcement They posted: here on January 6, who was arrested officers have done in the wake of Janu- Many of us will return on January 19, 2021, after threatening to come back here to ary 6, because if we do not, President carrying our weapons, in support of our na- make blood come running out of this Trump’s mob stands ready for more at- tion’s resolve, to which [sic] the world will building. tacks. never forget!!! We will come in numbers that Threats like Griffin’s have triggered Now, this should be no surprise. Hav- no standing army or police agency can a deployment of forces the likes of ing a Commander in Chief who incites match. violence has given life to the existing We took the building once [and] we can which we have never seen. There were take it again. approximately 25,000 National Guard violent groups he spent years culti- vating and has inspired new coalitions Other users, eager to participate in troops brought in from around the among extremist groups who actually additional attacks, confirmed that country to protect DC leading up to and on Inauguration Day. view January as a success. According they were waiting on President to the FBI, President Trump’s assem- Trump’s instructions about what to do As you know, many of those troops are still here. blage of his mob was particularly dan- next. gerous because ‘‘in-person engagement Referring to a future planned attack, Take a look at that. between DVEs of differing ideological a user on the online platform known as These were scenes that played out all goals during the Capitol breach likely posted: over the country. Five days following the siege on the Capitol, on January 11, served to foster connections, which I’d like to come do this, but want to know, may increase DVEs’ willingness, capa- does our President want us there? Awaiting 2021, the FBI warned: instructions. Armed are being planned at all 50 bility, and motivation to attack and undermine a government they view as In fact, in the days leading up to the State capitols from 16 January through at illegitimate.’’ inauguration, multiple individuals— least 20 January, and at the U.S. Capitol from 17 January through 20 January. In other words, they all got to talk- many, potentially, in an attempt to ing to each other. carry out the plots that I just As a result, at least 21 States acti- vated their National Guards in prepa- This bulletin by our own Intelligence previewed—were arrested in Wash- Committee was also confirmed by con- ington, DC, including on serious weap- ration for potential attacks. President Trump’s incitement has reverberated crete evidence. Rioters celebrated their ons charges. roles in the January 6 attack on social One of those men was Couy Griffin, around the country, prompting massive law enforcement mobilization in sev- media. They boasted about their suc- the founder of Cowboys for Trump, who cess in breaching the Capitol and forc- took part in the Capitol attack and eral State capitols, including in Wash- ington, Illinois, Michigan, and Georgia. ing Members of Congress and the Vice was also arrested on January 17. President to evacuate. Take, for exam- Here is what he said about his plans Look at these photos. This is what Donald Trump has done to America. ple, rightwing provocateur, Nick for violence. Fuentes. The day before the Capitol in- (Text of video presentation of 1–17– This massive deployment of law en- surrection, Fuentes said this on his 2021.) forcement has cost the taxpayers dear- ly. The National Guard deployment to internet show: Mr. Griffin. You know, you want to say (Text of video presentation of 1–5- DC alone is expected to cost at least that that was a mob? You want to say that 2021.) was violence? No, sir. No ma’am. No. We $480 million. The bills are also racking Mr. Fuentes. What can you and I do to a could have a Second Amendment rally on up in the States. North Carolina, South those same steps that we had that rally yes- State legislator besides kill them? Although Carolina, Pennsylvania, Utah, and Wis- we should not kill them—I am not advising terday. You know, and if we do, then it’s consin have each spent about half a going to be a sad day, because there is going that. But, I mean, what else can you do, to be blood running out of that building. But million dollars to safeguard their cap- right? at the end of the day, you mark my word, we itols in the run up to the inauguration. Fuentes was at the Capitol on Janu- will plant our flag on the desk of Nancy Ohio spent $1.2 million over this same ary 6 and praised the insurrection on a Pelosi and Chuck Schumer. 2-week period. And, remember, this is live stream as ‘‘glorious’’ and ‘‘awe in- ‘‘Blood running out of that build- at a time when State budgets are al- spiring.’’ He later said: ing’’—this building, the Capitol, where ready suffering under the weight of the We forced a joint session of Congress and all of us are right now. pandemic. the vice president to evacuate because Now, the name Couy Griffin may Our brave servicemembers showed Trump supporters were banging down and sound familiar because he previously up. Thanks to their dedication and then successfully burst through the doors. faced controversy for a May 2020 video, their vigilance, the inauguration and Fuentes was not the only where he said: the days leading up to it mercifully provocateur to revel in the violence. Mr. Griffin. The only good Democrat is a proceeded without incident. In fact, According to Mike Dunn, a member of dead Democrat. after news broke of law enforcement’s the Boogaloo Bois—an anti-govern- Hear it from him yourself. preparedness for further attacks, lead- ment movement whose adherents (Text of video presentation of 5–27– ers of the Proud Boys and the Three helped lead multiple groups in storm- 2021.) Percenters militia, the organizers of ing the Capitol—the Boogaloo Bois will Mr. Griffin. What I’ve come to the conclu- the Million MAGA March, they all now be ‘‘working overtime’’ to capitalize on sion is, the only good Democrat is a dead told their followers to avoid protests at the January 6 riots and hope it will Democrat. or leading up to the inauguration for lead to more action. They said: Now, when he said this, President fear that law enforcement would crush Just know there is more to come. Trump actually retweeted Griffin and them and arrest rioters who showed up. Proud Boys members were bragging thanked him for that sentiment. Thank God there wasn’t an insurrec- about the attack on the Capitol. One When Donald Trump retweeted this, tion sequel here on January 20, but post on the Proud Boys telegram chan- he was no stranger to Griffin. In fact, look at the price we have paid—the nel said: in March 2019, over a year earlier, Grif- price that we are still paying. It is not People saw what we can do, they know fin and Trump had spoken on the phone just dollars and cents. This Capitol has what’s up, they want in. for nearly 30 minutes. become a fortress, as State capitols The leader of the Proud Boys himself President Trump’s conduct, without have all across the country. Our con- sent the same message. a doubt, made it clear that he sup- stituents no longer have access to their said the Proud Boys would be active ported Griffin. In fact, Griffin even said elected representatives. Every Demo- during Biden’s Presidency. Tarrio stat- so himself. crat and Republican, including people ed:

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.012 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S654 CONGRESSIONAL RECORD — SENATE February 11, 2021 You’re definitely going to see more of us. that he is given a platform to do so. diate and serious threat to the con- Extremist groups are also boasting This must be our wake-up call. We tinuity and constitutional succession that the attack on our Capitol is a must condemn it because the threat is of the United States Government with boon for their recruitment efforts. not over. the first, second, and third in line to Three Percent Security Force leader, President Trump refused to condemn the Presidency. The Vice President, Chris Hill, says he has been contacted this type of violence. Instead, over and the Speaker of the House, and the by several people interested in joining over again, he has encouraged it. Our President pro tempore were all to- since the insurrection. As one expert response must be different this time. gether and faced a common threat in who focuses on domestic , We simply cannot sweep this under the the same location, and we have seen Jared Holt, explained: rug. We must take a united stand, all the first and the second were purposely By all measurable effects this was for far- of us, that this is not American. targeted by these attackers. right extremists one of the most successful Think back to August 2017, when a These were not idle threats. The attacks that they’ve ever launched. . . . young woman was murdered during a mob, as you recall, chanted: They’re talking about this as the first stab White supremacist rally in Charlottes- Hang Mike Pence. in a greater . ville, VA. Her name was Heather (Text of video presentation.) As indicated by Mr. Holt, their per- Heyer. Her mother’s name is Susan (People chanting: ‘‘Hang Mike Pence.’’) ceived success has given them encour- Bro. Ms. Bro has been a steadfast advo- The charging documents show that agement to continue and to escalate cate for her daughter’s memory. In a the rioters said they would have killed attacks. Intelligence agencies have 2018 interview, she expressed concern Vice President Pence and Speaker also noted that these extremist groups that people had rushed too quickly to PELOSI had they found them. will unfortunately be targeting vulner- reconciliation without accountability. Dawn Bancroft and Diana Santos- able minority communities in the U.S. (Text of video presentation of 8–11– Smith, two of the rioters charged in A January 27, 2021, DHS bulletin 2018.) the attack, were caught on tape dis- warned ‘‘long-standing racial and eth- Ms. BRO. If you rush to heal, if you rush to cussing the brutal violence that they nic tension’’ of the sort that led to a ‘‘everybody grab each other and sing hoped to inflict on Speaker PELOSI had man killing 23 people at an El Paso ‘Kumbaya,’ ’’ we’ve accomplished nothing, she not been rushed out to safety. They Walmart in 2019 would continue to and we will be right back here in a few years. said: grow and motivate further attacks. ‘‘We will be right back here in a few We broke into the Capitol. . . . We got in- The January 13 Joint Intelligence years.’’ Those were her words in 2018, 3 side, we did our part. We were looking for Bulletin report stated that in addition years ago. Her daughter’s murderer, he Nancy to shoot her in the friggin’ brain but to the other types of violence listed, was held to account, but our Nation did we didn’t find her. ‘‘DVEs may be inspired to carry out not impose any meaningful account- Senators, simply put, this mob was more violence, including violence ability on a President who, at the time, trying to overthrow our government, against racial, ethnic, and religious said that there were ‘‘very fine people and it came perilously close to reach- minorities and associated institutions, on both sides.’’ ing the first three people in line to the journalists, members of the LGBTQ+ And, now, where are we, 3 years Presidency. community, and other targets common later? I would argue we are not just It wasn’t just the Vice President and among some DVEs.’’ back where we were. I would argue the Speaker; rioters were prepared to These prejudiced elements could be things are worse. In 2017, it was attack any Member of Congress they seen, visibly, in the crowd that at- unfathomable to most of us to think found. Thomas Edward Caldwell, Dono- tacked the Capitol. that Charlottesville could happen, just van Ray Crowl, and Jessica Marie Wat- Pictured here is Robert Packer. Rob- as it was unfathomable to most of us kins, three militia members, were also ert Packer is an avowed White su- that the Capitol could have been charged for their role in the attack. premacist and Holocaust denier who breached on January 6. Frankly, what They discussed trapping us inside the proudly wore that sweatshirt, which unfathomable horrors await us if we do underground tunnels. states ‘‘Camp Auschwitz.’’ not stand up now and say: No, this is The indictment quotes social media These prejudiced elements could also not America, and we will not just ex- chatter with Caldwell: be heard from the crowds. As you have press condolences and denunciations. All members are in the tunnels under [the] heard, the insurrectionists that at- We won’t just close the book and try to capitol seal them in. Turn on gas. tacked the Capitol on January 6 hurled All legislators are down in the Tunnels 3 move on. We will act to make sure this floors down. racial slurs, including at Black police never happens again. officers. Do like we had to do when I was in the Mr. Manager RASKIN. Representa- Corps, start tearing out floors, go from top One officer described the trauma he tives CICILLINE and LIEU will now come to bottom. experienced when the rioters seized the to show the harm done and the damage Never did any of us imagine that we Capitol. He said: done to Congress and our Democratic or our colleagues would face mortal I’m a Black officer. There was a lot of rac- process. peril by a mob riled up by the Presi- ism that day. I was called racial slurs, and in Mr. CICILLINE. the moment, I didn’t process this as trau- dent of the United States, the leader of matic. I was just trying to survive. I just Mr. Manager CICILLINE. Mr. Presi- the free world, but we did, all because wanted to get home, to see my daughter dent, distinguished Senators, you just Donald Trump could not accept his again. I couldn’t show weakness. I finally heard from my colleague Manager election defeat. reached a safe place, surrounded by officers, DEGETTE how the conduct of Donald Trump chose himself above the peo- I was able to cry. To let it out. To attempt Trump dramatically increased the ple, above our institutions, above our to process it. threats to our security and emboldened democracy, above all of you. You These extremist groups were violent domestic extremists. know, we have heard Trump espouse emboldened because President Trump I would like to now turn to the harm for years now his ‘‘America First’’ pol- told them repeatedly that their insur- that was caused here, inside these icy. But his true North Star isn’t rectionist activities were the pinnacle walls, as a result of the conduct on America’s well-being. It is not ‘‘Coun- of patriotism. Well, let today be the January 6—the harm to us, to Con- try First’’ like our dear departed col- day that we reclaim the definition of gress, to those who serve our country, league John McCain. No, his directive patriotism. and to the constitutional processes as is Trump first, no matter the cost, no Impeachment is not to punish but to the Trump mob tried to stop the elec- matter the threat to our democracy. prevent. We are not here to punish tion certification process. But each and every one of us in this Donald Trump. We are here to prevent The attack on January 6 is one of the room must agree on one thing: We can the seeds of hatred that he planted bloodiest intrusions of the Capitol never allow the kind of violent attack from bearing any more fruit. As my since the British invaded in the War of that occurred on January 6 to ever hap- colleagues showed, this is not the first 1812 and burned it to the ground. And pen again in this country. time that President Trump inspired vi- you have heard in painstaking detail In the immediate aftermath, we olence, but it must be the last time the President’s mob posed an imme- heard many disturbing accounts from

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.013 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S655 many Members of Congress about what the Capitol Police, who were targets of pretty packed, and right about that point, I they experienced that day. Here are this attack, there were lots of other don’t know whether it was a police officer or some of the reactions. people in the Capitol working on Janu- somebody else said, ‘‘They are right behind Following the attack, Representative us. Run.’’ ary 6 as well, from personal aides to For me, what I keep thinking about—and, DUSTY JOHNSON expressed concerns floor employees, cleaning staff, food again, there isn’t a day that has gone by that we had gotten to the point where service workers. We can’t forget all the since January 6 that at some point in the so many of us had sown the seeds of people who were in harm’s way that day I haven’t kind of gone back and picked anger and division. day. These employees experienced up some little thing, but the sound of those (Text of video presentation.) trauma. Some cowered, hiding places window panes popping, I won’t forget that Mr. JOHNSON. (Inaudible), and there was just a few feet away from where this sound. some fear, to be sure, but overwhelmingly rabid crowd had assembled. Many were ‘‘I won’t forget that sound.’’ How the emotion that I experienced was one of just kids, 20-somethings who came here long will the sound of window panes anger. I just could not believe that this was to work because they believed in their breaking haunt this staffer? And he happening. I could not believe that we had country and they believed in working isn’t alone. There are countless people gotten to this point where so many of us had still living with the trauma of what sewn these seeds of anger and of division, to make it better. Others were dedi- and we had (inaudible) powder keg, and lit- cated food service workers, all working happened that day. This includes, by erally we were starting to see this powder incredibly hard to make sure that we the way, another group of people who keg light up, and it was—frankly, I was furi- can come here to do our job. These were with us in the Capitol that day, ous. workers are the lifeblood of the legisla- and that is the press. They were in dan- Representative JASON CROW com- tive branch. They deserve better. ger, particularly after years of being pared the events of this day to his time You already heard from Speaker derided by President Trump as fake in Afghanistan as an Army Ranger, PELOSI’s staff—staff that was hiding news. something Senator REED knows some- under the conference table, cowering in Kristin Wilson, a reporter for CNN, thing about. the dark, making sure that the recently tweeted about her experience. (Text of video presentation.) attackers couldn’t hear them. I would She said: Mr. CROW. What I felt in the Capitol be- like to share with you what some other I have 14 people on my team. We were scat- hind us is something that I hadn’t felt since staffers went through. Listen as two tered everywhere. Two of them were on I was in Afghanistan when I was an Army staffers recall what they experienced crutches and couldn’t have run if they had Ranger. And to think that as a Member of that day. to. They had to anyway. One was trapped in the House Chamber and Congress, in 2021, in the U.S. Capitol on the (Text of video presentation.) House floor, that I was preparing to fight my had to crawl out to hide. Unidentified Speaker. But then we were way out of the people’s House against a mob Four of us barricaded ourselves in a room seeing on Twitter and iPhones and hearing is just beyond troubling. off the Senate Chamber. Every bang on the from some of the police officers on the floor door of them trying to come through I can Representative PAT FALLON was that the building had been breached, you still hear in my head. humbled by his experience on January know. ‘‘Building breached’’—those are two The janitorial and custodial staff in 6. He described the events as ‘‘surreal’’ words I had never heard. the Capitol, the people who day after as they unfolded here in the Capitol. Unidentified Speaker. That was particu- (Text of video presentation.) larly stressful, being in a room close to day tend to our home away from home, where things were happening and not really were also traumatized, but we don’t Mr. FALLON. It was something that I just knowing what was happening and seeing it never thought—I just never thought I’d see talk about them and the harm they come in live and getting texts from people, this in our Nation’s Capitol and particularly suffered often enough. you know, ‘‘Are you OK?’’ And, truthfully, I in the House Chamber. It was surreal when it One janitorial worker recounts how didn’t know what was happening. I heard: was unfolding. he was so scared, he had to hide in the Well, you know, what was interesting was ‘‘Shots fired. Shots fired. Shots fired. Show closet during the attack. He said: the bravery and courage of some of my fel- me your hands. Show me your hands.’’ Then I did not know if they were right outside, if I was all by myself. I didn’t know what was low Members. When we got to a point where going on. the mob was banging on the doors, and then there were lots of people with weapons, if all that kept them from breaching that—the there were one shooter, if they had—you Another employee, a mother of three, Chamber itself was the doors and then some know, I didn’t know what it looked like. I said: furniture that we had moved (inaudible) Cap- just knew that there were shots fired outside The insurrection shattered all my sense of itol Police. And they needed to be aug- of the House Chamber. security at work. mented, and so Tony Gonzales, the new Rep- According to reports, one Republican An employee of the Capitol said: resentative from Texas, and Ronny Jackson Senate staffer whose office was not far I hope nothing else happens because these and Troy Nehls and Markwayne Mullin from the floor ‘‘took a steel rod and people were talking about killing us, killing stepped in, and we broke off furniture. Some barricaded his door as the rioters Federal employees, killing the police. of the (inaudible) big giant poles, wooden banged on his door trying to break in.’’ Another employee was afraid to work poles, and we turned them upside down, and also reported we were ready to actually have to street on Inauguration Day, saying: fight in the House Chamber. It was unbeliev- that a senior Black staffer was under I honestly fear for my life. I’ve got two able. lockdown for 6 hours during the insur- children at home. Many Members that day wondered if rection and was so disturbed about For many of the Black and Brown they would ever see their families these events, she quit her job. staff, the trauma was made worse by Another staffer who was on the floor again as the rioters breached the Cap- the many painful symbols of hate that of the House that day described that itol and they were outnumbered and were on full display that day. Insurrec- what happened on January 6 still trapped inside. They were calling loved tionists waved Confederate flags and echoes in his mind. Listen to him de- ones to say goodbye. Representative hurled the most disgusting racial slurs scribe the moments just before this in- DAN KILDEE was one of them. Listen to at dedicated Capitol workers. how he described the impact of the riot delible image. Then, after all of that, these same (Text of video presentation.) on him. workers, many of them people of color, (Text of video presentation.) Unidentified Speaker. I heard blasts, and I were forced to clean up the mess left by could see the window panes on the House Mr. KILDEE. I was laying on the floor try- main door sort of pop, and I figured that, you mobs of White nationalists. One mem- ing to, you know, (inaudible) myself sort of know, obviously I knew they were at the ber of the janitorial staff reflected how (inaudible). And, you know, (inaudible) we door, and they figured out a way to break terrible he felt when he had to clean up were concerned that this mob might come in the glass. And the last thing I remember be- feces that had been smeared on the and that might (inaudible) identify Members fore I walked off the floor was several police wall, blood of the rioter who had died, of Congress. officers had drawn their guns and had their I called my wife, and, you know, it wasn’t broken glass, and other objects strewn guns trained on the door. till I heard her voice that I thought, wow, all over the floor. He said: Clearly, it was—I didn’t think there was this is like one of those calls you hear about. I felt bad. I felt degraded. anything else I could do, and I didn’t want to While most coverage focused on the be there for what was about to occur. So I Let’s also not forget that this violent extreme danger posed to Members and got to the top of the stairs. The stairway was attack happened in the middle of a

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.015 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S656 CONGRESSIONAL RECORD — SENATE February 11, 2021 global pandemic. Social distancing was Former Capitol Police Chief Sund de- Black police officers were also met impossible because we were hiding for scribed the insurrection as violent, un- with racist vitriol. You heard Lead our lives in cramped quarters for long like anything he had seen in his 30-year Manager RASKIN reference a Black po- periods of time. Since January 6, at career in law enforcement. lice officer who was weary from least seven Members who hid with DC Police Chief Robert J. Contee III, racialized violence that he had experi- other Members of Congress have tested who had spoken with an officer who enced that day, saying: positive for COVID–19. had been beaten and injured with a Tears just started streaming down my At least 38 Capitol Police officers stun gun, said: face. I said, ‘‘what the eff, man? Is this have either tested positive or been ex- I’ve talked to officers who have done two America?’’ posed, and nearly 200 National Guard tours of Iraq who said this was scarier to ‘‘Is this America?’’ Lead Manager troops, who were deployed to our Na- them than their time in combat. RASKIN asked: ‘‘Is this America?’’ What tion’s Capital to provide all of us pro- Of course, the physical violence is is your answer to that question? Is this tection, have tested positive. The Cap- not the only thing that will have a OK? If not, what are we going to do itol Police and the National Guard lasting effect on our brave sworn offi- about it? came here to keep us safe, to serve. cers. Trump’s mob verbally denigrated These people matter—these matter They put their lives in danger. They their patriotism, questioned their loy- who risked their lives for us. So I ask deserve better than this. We all did. alty, and yelled racial slurs. They you, respectfully, to consider them— That brings me to the next harm. called them ‘‘traitors,’’ ‘‘Nazis,’’ ‘‘un- the police officers, the staff of this Now, all of us in this room made it out American’’ for protecting us. building—when you cast your vote. alive, but not everyone was so lucky. For example, in our next clip, a ri- These people are in deep pain because Three law enforcement officers trag- oter wearing a hunting jacket accosts a they showed up here to serve, to serve ically lost their lives as a result of the police officer. the American people, to serve their riot on January 6. These officers were (Text of video presentation:) government, to serve all of us. And I Capitol Police Officer Brian Sicknick, Unidentified Speaker. Are you an Amer- ask each of you when you cast your Capitol Police Officer Howard ican? Act like one. (Inaudible.) vote to remember them and honor Liebengood, and Metropolitan Police Unidentified Speaker. Don’t yell at them. them and act in service of them, as Unidentified Speaker. You have no idea they deserve. Officer Jeffrey Smith. All honorably what the fuck you’re doing. served to protect and defend. Unidentified Speaker. Now once again (in- I also want to recognize that four in- My colleague Mr. SWALWELL told you audible). Not one idea. dividuals—four insurrectionist—also about Officer Sicknick, who was a 42- Unidentified Speaker. Stand up for Amer- lost their lives during the attack. year-old military veteran who dedi- ica. Goddamn it. These people were led here by the cated his entire life to public service. Unidentified Speaker. Get the fuck out of words and actions of an individual who here. made them believe that they were pa- On January 6, he fought a mob of riot- Unidentified Speaker. Don’t talk to me, ers as they streamed into the Capitol motherfucker. triots. and ultimately lost his life protecting Unidentified Speaker. No, they work for The loss of human life is, of course, us. us. Fuck them. the most consequential, but that was Officer Liebengood was a 15-year vet- Listen to how the Trump mob talked not the only damage brought that day. eran of the Capitol Police. His father to these officers. You heard that with The Trump mob also damaged this served as Sergeant at Arms here in the your own ears. building. They defiled some of the most Senate, and Officer Liebengood fol- (Text of video presentation:) sacred places: Statuary Hall, the Ro- lowed his extraordinary example of Unidentified Speaker. Fuck you. Fuck you, tunda, where some of America’s great- public service. bitch. Fuck you. Fucking traitors. You are est champions, Presidents, Supreme Officer Smith served 12 years with fucking. Court Justices, civil rights heroes, and the Metropolitan Police Department. Unidentified Speaker. You call me a other defenders are honored after their He heeded the call of January 6 by motherfucker. death. Trump’s violent mob had little coming to stand with Capitol Police to Unidentified Speaker. You are a fucking respect for this place. traitor to your country. You are a fucking This video shows the wreckage left in help secure our democracy. traitor. Earlier, my colleague Manager Unidentified Speaker. Yeah, traitor. the Senate Parliamentarian’s office by SWALWELL showed you terrible videos Unidentified Speaker. Fucking call me a the insurrectionists. of the police being physically abused (inaudible). (Text of video presentation.) and injured. You remember what hap- ‘‘F’ing traitor’’—so much for backing the A bust of President Zachary Taylor pened to Officer Fanone and Officer blue. was smeared with what appeared to be Hodges of the MPD, but there were Just a couple more examples. blood. An empty picture frame presum- scores of other officers whose names we (Text of video presentation:) ably robbed of its content was found on don’t know who were also brutalized Unidentified Speaker. Hand over your pay- the floor. And videos of the insurrec- that day. Injuries to the U.S. Capitol check. Fuck you guys. You can’t even call tion captured one man stealing a Police and the Metropolitan Police De- yourself American. You broke your fucking framed photo, another one tearing a oath today. 1776, bitch. partment were concussions, irritated scroll from the wall and ripping it up Unidentified Speaker. (Inaudible) pepper and throwing those pieces on the floor. lungs, and serious injuries caused by spray, officers. repeated blows from bats, poles, and (People chanting: ‘‘Traitor.’’) A sign paying tribute to John Lewis clubs. (People chanting: ‘‘Go home.’’) was also shamefully destroyed, and Capitol Police officers also sustained (People chanting: ‘‘Fight for Trump.’’) only a broken piece of the memorial injuries that will be with them for the (People chanting: ‘‘Traitor.’’) was found on the ground next to a rest of their lives. One officer lost the They called law enforcement officers trash can. The photo of Mr. Lewis was tip of a right index finger. ‘‘traitors.’’ You have to wonder, who gone. In a statement issued on January 7, are these rioters sworn to? To whom do The damage done to this building is a the chairman of the Capitol Police Of- they believe the police owe their loy- stain on all of us and on the dignity of ficers’ Union said: alty? To the people? To the Constitu- our democracy. The attack we saw had a purpose: I have officers who were not issued helmets tion? To our democracy? Or to Donald prior to the attack who have sustained brain Trump? Stop the certification. Stop our demo- injuries. One officer has two cracked ribs and Even those who were not outwardly cratic process. Fortunately, they did two smashed spinal discs. One officer is injured, the mental toll has been sig- not prevail. going to lose his eye, and another was nificant. Several Capitol Police officers Newspapers across America on Janu- stabbed with a metal fence stake. have reportedly threatened self-harm ary 21, the day after the inauguration, In total, at least 81 members of Cap- in the days following the riot. And in proclaimed: itol Police and of 65 members of the one case, an officer voluntarily turned Democracy has prevailed. Metropolitan Police Department were in her gun because she was afraid of President-Elect Biden said that in his injured during the attack on January 6. what might happen. inauguration speech. The headline was

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.016 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S657 in so many places because the world’s Mr. Manager CASTRO of Texas. My Unidentified Speaker. Yeah, take a pic- oldest constitutional democracy and colleagues discussed with you the ture. the principles underlying it had been many harms to our Nation as a result In many ways, this room is sacred attacked and challenged. of President Trump’s conduct. Now I and so are the traditions that it rep- This wasn’t just an attack on the would like to spend some time talking resents. They have been carried on for Capitol Building and the dedicated peo- about the harm to our national secu- centuries. ple inside. It was an attack on what we rity and our standing in the world. Congress has declared war 11 times were elected to preserve—our democ- On January 6, when President Trump on this floor, including entering World racy. incited a mob to march to the Capitol, War II—where Congress passed the This attack on our elections, on the he led them to a building that houses Civil Rights Act and expanded the peaceful transfer of power from one some of our Nation’s most sensitive in- right to vote to ensure that no matter President to the next didn’t even hap- formation. Consider who was part of your race or your gender, you have a pen during the Civil War. But it did that mob. Some of the individuals were voice in our Nation. just happen because of the cold, cal- on the FBI watch list. The past behav- This floor is where history has been culated, and conspiratorial acts of our ior of some individuals led here by made. And now, our intelligence agen- former President Donald J. Trump. President Trump so alarmed investiga- cies and law enforcement agencies have We showed you that the insurrection- tors that their names had been added the burden to figure out exactly what ists were deliberate, that they came to the national Terrorist Screening was stolen, taken, ransacked, and com- looking for Vice President Pence and Database, and at least one of the insur- promised. Speaker PELOSI, ready to kill. When rectionists may have intended to steal As acting U.S. Attorney Michael Sherwin explained, ‘‘Materials were President Trump incited a lawless mob information and give it to a foreign ad- stolen, and we have to identify what to attack our process, he was attacking versary. our democracy. He was trying to be- According to charging documents, was done, mitigate that, and it could come King and rule over us, against Riley Williams allegedly helped steal a have potential national security equi- ties.’’ the will of the people and the valid re- laptop from Speaker PELOSI’s office to These investigations are necessary sults of the election. ‘‘send the computer device to a friend now because of the actions of President For the first time ever in our history, in Russia, who then planned to sell the Trump. And it wasn’t just the people a sitting President actively instigated device to SVR, Russia’s foreign intel- that he led here the intelligence agen- his supporters to violently disrupt the ligence service.’’ process that provides for the peaceful While we can’t be certain if or how cies have to look into, it is also what they took and what they gathered, and transfer of power from one President to many foreign spies infiltrated the it was the very fact that this building, the next. crowd or at least coordinated with with so much sensitive information Think about that for a moment. those who did, we can be sure that any and some classified information, that What if President Trump had been suc- enemy who wanted access to our se- this Capitol was breached. cessful? What if he had succeeded in crets would have wanted to be part of overturning the will of the people and Think about it. Every foreign adver- that mob inside these halls. sary considering attacking this build- our constitutional processes? Who The point is this: Many of the insur- ing got to watch a dress rehearsal, and among us is willing to risk that out- rectionists that President Trump in- they saw that this Capitol could be come by letting Trump’s constitutional cited to invade this Chamber were dan- overtaken. crimes go unanswered? gerous—people on the FBI watch list, The Founders included impeachment As Elizabeth Neumann, a former violent extremists, White suprema- Trump administration official, stated, in our Constitution, not as a punish- cists. And these insurrectionists in- ment but to prevent. We have to pre- ‘‘[Y]ou have terrorists who would love cited by President Trump threatened to destroy the Capitol. They just saw vent every President—today, tomor- our national security. Stealing laptops, row, or anytime in the future—from be- how easy it was to penetrate. We just again, from Speaker PELOSI’s office; lieving that this conduct is acceptable. exposed a huge vulnerability.’’ taking documents from Leader MCCON- Today, we have to stand up for our And it is not just the Capitol, this at- NELL’s desk; snapping photographs, as democracy and ensure we remain a tack has implications for all govern- you saw in the videos earlier, in sen- country governed by the people, for the ment buildings. sitive areas; ransacking your offices; people by telling Donald Trump and Senator RUBIO made this point well. rifling through your desks. (Text of video presentation.) people all across this country and all The President of the United States, Mr. RUBIO. If you’re a terrorist right now across the world that his crimes will the Commander in Chief, knew the risk and you’re sitting out there watching this, not and cannot stand. of anyone reaching the Capitol. He you’re saying to yourself, hey, it’s not that RECESS swore an oath to preserve, protect, and hard to get into the Capitol. Maybe it’s not Mr. SCHUMER. I ask unanimous con- defend this country. And yet, he in- hard to get into the White House or the Su- sent that the House stand in recess for cited them here to break into the Cap- preme Court building or somewhere else. 15 minutes. itol. Our government, our intelligence The PRESIDENT pro tempore. The Senators, as you all know, we have agencies, and our law enforcement Senate will stand in recess. spent trillions of dollars building the have implemented additional safety Mr. SCHUMER. I ask unanimous con- strongest military in the world and bil- measures since the attack on January sent that the House stand in recess for lions of dollars on the most sophisti- 6, but while we secure this physical 15 minutes—the Senate, the Senate. cated weaponry on the planet to pre- space, what message will we send the There being no objection, at 2:10 vent the kind of attack that occurred rest of the world? p.m., the Senate, sitting as a Court of at this Capitol on January 6. Here is We already know what message our Impeachment, recessed until 2:45 p.m.; what the insurrectionists incited by adversaries took from January 6. This whereupon the Senate reassembled President Trump did. is how some of them responded after when called to order by the President (Text of video presentation of 1–6– the attack. For America’s adversaries, there was pro tempore. 2021.) MANAGERS’ PRESENTATION—CONTINUED no greater proof of the fallibility of Unidentified Speaker. Hey, let’s take a The PRESIDENT pro tempore. The seat, people. Let’s take a seat. Western democracy than the sight of Senate will come to order. Unidentified Speaker. You be Nancy the U.S. Capitol shrouded in smoke and Manager RASKIN. Pelosi. besieged by a mob whipped up by their Mr. Manager RASKIN. Thank you, Unidentified Speaker. Let’s vote on some unwillingly outgoing president. Mr. President. shit. To make matters worse, our adver- Mr. CASTRO will now return to ad- Unidentified Speaker. Oh, my God. We did saries are even using the events of Jan- dress the harm visited upon America’s this shit. We took this shit. Unidentified Speaker. She’s in the House. uary 6 not only to denigrate America national security by these events and The House is on the other side. but to justify their own anti-demo- the damage to our international rep- Unidentified Speaker. I want to just get a cratic behavior, calling America hypo- utation. snap of that. critical.

VerDate Sep 11 2014 06:04 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.018 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S658 CONGRESSIONAL RECORD — SENATE February 11, 2021 Here is what the Chinese Government States. But following the insurrection invitation, and the world watched as he is saying. The spokesperson for China’s on January 6, even our allies are speak- told his supporters to march here to Ministry of Foreign Affairs said the ing up. Canadian Prime Minister Jus- the Capitol. President Trump, our Capitol riots ‘‘should spark ‘deep re- tin Trudeau said: Commander in Chief at the time, failed flection’ among U.S. lawmakers re- What we witnessed was an assault on de- to take any action to defend us as he garding how they discuss the pro-de- mocracy by violent rioters, incited by the utterly failed in his duty to preserve, mocracy movement in Hong Kong, sug- current president and other politicians. As protect, and defend. Now the world is gesting that the U.S. is hypocritical in shocking, deeply disturbing and frankly sad- watching us, wondering whether our denouncing Beijing’s crackdown in the dening as that event remains—we have also constitutional Republic is going to re- seen this week that democracy is resilient in city while it struggles with its own un- America, our closest ally and neighbor. spond the way it should, the way it is rest at home.’’ supposed to—whether the rule of law The Global Times, an outlet affili- The German Foreign Minister said: will prevail over mob rule. The answer ated with the Chinese Communist This closing of ranks begins with holding to that question has consequences far Party, even tweeted a series of side-by- those accountable who are responsible for beyond our own borders. Think of the such escalations. That includes the violent side photos of two events: the siege of rioters and also includes their instigators. consequences to our diplomats and ne- the U.S. Capitol and a July 2019 inci- gotiators as they sit at tables around The world is watching and wondering dent in which pro-democracy pro- the world to enforce our agenda on whether we are who we say we are be- testers in Hong Kong broke into the trade, the economy, and human rights. cause when other countries have city’s Legislative Council building. To fail to convict a President of the Think about that. President Trump known chaos, our Constitution has United States who incited a deadly in- gave the Chinese Government an open- helped keep order in America. This is surrection, who acted in concert with a ing to create a false equivalency be- why we have a Constitution. We must violent mob, who interfered with the tween Hongkongers protesting for de- stand up for the rule of law because the certification of the electoral college mocracy and violent insurrections try- rule of law doesn’t just stand up by votes, who abdicated his duty as Com- ing to overthrow it. itself. mander in Chief, would be to forfeit the After the insurrection, my colleagues As Representative GALLAGHER de- power of our example as a North Star on the House Foreign Affairs Com- scribed in realtime: for freedom, democracy, human rights, mittee, the chairman and the ranking (Text of video presentation.) and most of all, the rule of law. To con- member, issued a bipartisan statement Mr. GALLAGHER. If we don’t think other vict Donald Trump would mean that that said: countries around the world are watching this America stands for the rule of law no happen right now, if we don’t think the Chi- America has always been a beacon of free- matter who violates it. Let us show the dom to the world; proof that free and fair nese Communist Party is sitting back and world that January 6 was not America, laughing, then we’re deluding ourselves. So elections are achievable, and that democracy call it off, Mr. President. We need you to call works. But what happened at the Capitol and let us remind the world that we are this off. today has scarred our reputation and has truly their North Star. Russia has also seized on this violent damaged our standing in the world. Mr. Manager RASKIN. Representa- attack against our government, decry- Today’s violence—an inevitable result tive NEGUSE and I will now address the when leaders in positions of power misled the First Amendment argument that is ing that democracy is ‘‘over.’’ The public—will certainly empower dictators and chairman of the Russian upper house of being offered by President Trump’s damage struggling democracies. lawyers to try to excuse his incitement Parliament’s International Affairs And that is true. For generations, the Committee said: to this insurrection. Mr. NEGUSE will United States has been a North Star in begin. The celebration of democracy is over. This the world for freedom, democracy, and Mr. Manager NEGUSE. Mr. Presi- is, alas, actually the bottom. I say this with- human rights because America is not out a hint of gloating. America is no longer dent, distinguished Senators, good charting the course, and therefore has lost only a nation for many, it is also an afternoon. all its rights to set it. And especially to im- idea. It is the light that gives hope to You have heard over the course of pose it on others. people struggling for democracy in the last several days that President They are using President Trump’s in- autocratic regimes, the light that in- Trump incited an insurrection, but, as citement of an insurrection to declare spires people fighting across the world Lead Manager RASKIN mentioned, as that democracy is over. for fundamental human rights, and the we prepare to close, we would be remiss In Iran, the Supreme Leader is using light that inspires us to believe in if we didn’t just briefly address, appar- President Trump’s incitement of an in- something larger than ourselves. ently, the principal defense the Presi- surrection to mock America. He said of This trial is an opportunity to re- dent will offer to excuse his conduct, the situation in the United States: spond and to send a message back to and that is this notion that he can’t be This is their democracy and human rights, the world. held accountable for what happened on this is their election scandal, these are their I say this as somebody who loves my January 6 because his actions are values. These values are being mocked by country, our country, just as all of you somehow protected by the First the whole world. Even their friends are do. There is a lot of courage in this Amendment. laughing at them. room, a lot of courage that has been Now, let’s stop for a moment and try These statements are serious and demonstrated in the lives of the people to really understand the argument pervasive. According to a joint threat in this room. Some folks have stood up they are making. According to Presi- assessment bulletin from the Depart- for the civil rights of fellow Americans dent Trump, everything he did—every- ment of Homeland Security, the FBI, and risked their careers and their rep- thing we showed you that he did—was and eight other law enforcement enti- utations, their livelihoods and their perfectly OK for him to do and for a fu- ties, ‘‘Since the incident at the U.S. safety in standing up for civil rights. ture President to do again, and the Capitol on 6 January, Russian, Iranian, Many Members of Congress have risked Constitution, apparently, in their view, and Chinese influence actors have their lives in service to our country, in forbids you from doing anything to seized the opportunity to amplify nar- uniform: in fighting in the jungles of stop it. That can’t be right. It can’t be, ratives in furtherance of their policy Vietnam, in patrolling the mountains and it isn’t right. interest amid the presidential transi- of Afghanistan. You served our country Their argument is meant as a dis- tion.’’ because you were willing to sacrifice to traction. They are concerned not with We cannot let them use what hap- defend our Nation as we know it and as the facts that actually occurred, the pened on January 6 to define us, who the world knows it. Although most of facts that we have proven, but with an we are, and what we stand for. We get you have traded in your uniforms for alternative set of facts where President to define ourselves by how we respond public service, your country needs you Trump did nothing but deliver a con- to the attack of January 6. one more time. troversial speech at a rally. Of course, Some might be tempted to say and The world watched President Trump that is not what we have charged in the point out that our adversaries are al- tell his big lie. The world watched his Article of Impeachment, and it is not ways going to be critical of the United supporters come to Washington at his what happened.

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.020 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S659 You will hear from my colleague struck a match, and he aimed it history by overturning the results of Lead Manager RASKIN of the many straight at this building, at us. the 2020 election even as he insisted myriad reasons why this argument You have seen all of that evidence. that his own fraud was, in fact, an ef- that they make is wrong on the law There is no denying it. That is why the fort to stop the steal, to stop a fraud— completely, not just around the edges. House impeached him. That is why he a vast conspiracy that he blamed on They make major, fundamental mis- is on trial. No President, no matter the local and State officials of both polit- takes of constitutional law, the kind politics or the politics of the fol- ical parties, the media, election offi- that Lead Manager RASKIN tells me lowers—conservative, liberal, or any- cials, the judiciary—Federal, State— wouldn’t cut it in his first-year law thing else—can do what President and Members of Congress. Anybody course, which, of course, he certainly Trump did because this isn’t about pol- who wouldn’t go along with him was would know, as he has taught this sub- itics; it is about his refusal to accept part of the conspiracy. ject for decades. the outcome of the election and his de- He violated his oath of office by in- That explains why so many lawyers cision to incite an insurrection. There citing mob violence to prevent Con- who have dedicated their lives to pro- is no serious argument that the First gress from counting electoral college tecting free speech, including many of Amendment protects that, and it would votes as we were assigned to do by the the Nation’s most prominent conserv- be extraordinarily dangerous for the 12th Amendment and the Electoral ative free speech lawyers, have de- to conclude oth- Count Act. He even attacked Vice scribed President Trump’s First erwise, to tell future Presidents that President Pence at a rally for violating Amendment claims as ‘‘legally frivo- they can do exactly what President his oath of office and going along with lous.’’ Here is another quote from a re- Trump did and get away with it, to set an egregious assault on democracy. cent letter from prominent free speech the precedent that this is acceptable, Now he argues that the Congress is lawyers: that now this is a constitutionally pro- violating his free speech rights when it The First Amendment is no bar to the Sen- tected way to respond to losing an elec- was Donald Trump who incited an in- ate convicting former President Trump and tion. surrection as an attack against us, disqualifying him from holding future office. You will notice something that Lead that halted speech and debate on the Their argument is wrong on the Manager RASKIN and I noticed, which is floor of the House and Senate during facts, wrong on the law, and would flip that, by all accounts, it doesn’t appear the peaceful transfer of power, and that the Constitution upside down. that President Trump’s lawyers dis- imperiled the very constitutional order Let’s start with the facts because, as agree. I mean, they don’t insist that if that protects freedom of speech in the you will see, his free speech claim de- the facts we have charged, the facts first place along with all of our other pends on an account of what he did, of that we have proven, the facts sup- fundamental rights. why we are here, that has no basis in ported by overwhelming evidence are As a matter of law, it is a matter of the evidence. To hear his lawyers tell true, as, of course, you now know they logic. President Trump’s brazen at- it, he was just some guy at a rally, ex- are, that there is nothing you can do. tempt to invoke the First Amendment pressing unpopular opinions. They They are not arguing that it is OK for now won’t hold up in any way. would have you believe that this whole a person to incite a mob to violence— The basic flaw, of course, is that it impeachment is because he said things at least I don’t think they are arguing completely ignores the fact that he was that one may disagree with. Really? that. Instead, what they are doing is the President of the United States—a Make no mistake, they will do any- offering a radically different version of public official. He swears an oath as thing to avoid talking about the facts what happened that day, totally incon- President that nobody else swears. In of this case. That, I can assure you. In- sistent with the evidence. Then they exchange, he is given greater powers stead, we expect they will talk about a insist that if that fictional version of than anyone else in the entire coun- lot of other speeches, including some events, if that alternate reality were try—maybe on Earth. He or she prom- given by Democratic officials, and they true, well then he may be protected by ises to preserve, protect, and defend will insist, with indignation, that the the First Amendment. the Constitution of the United States First Amendment protects all of this That is their argument, but you are and our government institutions and as though it were exactly the same. here to adjudicate real evidence, real our people. We trust you to know the difference facts, not hypothetical ones, and for And, as we all know, the power we because you have seen the evidence that reason alone, you should reject entrust to people in public office, in that we have seen. You have seen, as their argument because it has been ad- government office—especially, our we have proven over the last 3 days, vanced to defend a situation that bears Presidents—comes with special obliga- that his arguments completely no resemblance to the actual facts of tions to uphold the laws and the integ- misdescribe the reality of what hap- this case. rity of our Republic, and we all support pened on January 6. They leave out ev- With that, I want to turn it over to that. erything that matters about why we my colleague Lead Manager RASKIN to Now, what if a President publicly— are here and what he did. address the many legal flaws, as I men- say a President publicly and on a daily President Trump wasn’t just some tioned, in President Trump’s position. basis advocated replacing the Constitu- guy with political opinions who showed Mr. Manager RASKIN. Mr. NEGUSE tion with a totalitarian form of govern- up at a rally on January 6 and deliv- has explained why President Trump’s ment and urged States to secede from ered controversial remarks. He was the last-ditch First Amendment argument the Union and swore an oath of loyalty President of the United States, and he has got nothing to do with the actual to a foreign leader or a foreign govern- had spent months—months—using the facts of the case. He has been im- ment. unique power of that office, of his bully peached for inciting a violent insurrec- Well, as a private citizen, you pulpit, to spread that big lie that the tion against the government. Inciting a couldn’t do anything about people election had been stolen; to convince violent insurrection is not protected by using those words to advocate totali- his followers to stop the steal; to as- free speech. There is no First Amend- tarianism, to advocate secession from semble just blocks away from here on ment defense to impeachment for high the Union, to swear an oath of personal January 6 at the very moment that we crimes and misdemeanors. The idea loyalty to a foreign leader or foreign were meeting to count the electoral itself is absurd. government or country. You couldn’t. college votes, where he knew—where it The whole First Amendment smoke- That is totally protected. If you tried had been widely reported—that they screen is a completely irrelevant dis- to prosecute somebody for that, as a were primed and eager and ready for vi- traction from the standard of high prosecutor, you would lose. olence at his signal. Then, standing in crimes and misdemeanors governing a But it is simply inconceivable, un- the middle of that explosive situation, President who has violated his oath of thinkable that a President could do in that powder keg that he had created office. Yet President Trump, we know, any of these things—get up and swear over the course of months, before a has a good way of treating up as down an oath to foreign governments or crowd filled with people who were and wrong as right. He tried to pull off leaders, advocate totalitarianism, ad- poised for violence at his signal, he the biggest election fraud in American vocate secession, and not be impeached

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.021 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S660 CONGRESSIONAL RECORD — SENATE February 11, 2021 for it. It is just unthinkable that that violent mob, they represent a tiny, bial citizen who falsely shouts ‘‘fire’’ in could happen. tiny, tiny part of less than 1 percent of a crowded theater. He is like the now Would that violate their First the population, and the vast majority proverbial municipal fire chief who in- Amendment rights? of the American people reject the kind cites a mob to go set the theater on The opposite view pressed here by of seditious mob violence that we saw fire, and not only refuses to put out the President Trump’s counsel would leave on January 6. fire but encourages the mob to keep the Nation powerless to respond to a But let’s say that he was just another going as the blaze spreads. President who would use his un- guy in the crowd that day. It is a bed- We would hold that fire chief ac- matched power, privilege, and prestige rock principle that nobody—nobody— countable. We would forbid him from of his or her office—the famous bully can incite a riot. The First Amendment that job ever again, and that is exactly pulpit—in ways that risk the ruin of doesn’t protect it. what must happen here. the Republic, all for his or her own am- Key case? Brandenburg v. Ohio. There are hundreds of millions of bition and corruption and lust for There is no First amendment protec- citizens who can be President. Donald power. tion for speech directed to inciting and Trump has disqualified himself, and Everyone should be clear: There is producing imminent lawless action and you must disqualify him too. nothing remotely exotic about what we likely to produce such action. Just like the fire chief who sends the are saying. It should be common sense And for all the reasons you have mob, President Trump perverted his of- to everybody—common sense—about heard, based on the voluminous, com- fice by attacking the very Constitution this understanding of the First Amend- prehensive, totally unrefuted—and we he was sworn to uphold. In fact, that is ment as it applies to public servants— think irrefutable, but we are eager to one reason why this free speech rhet- cops, , teachers, everybody hear our colleagues—based on all the oric at this trial is so insidious. His across the land. evidence you have heard, and for all conduct represented the most dev- My daughter, who I mentioned early the reasons you have heard, that defi- astating and dangerous assault by a in the trial, she is a teacher in a public nition of proscribable speech fits Presi- government official on our Constitu- school. The courts have said teachers dent Trump’s conduct perfectly. This is tion, including the First Amendment, teach, but if they go off script and they a classic case of incitement. in living memory. We wouldn’t have start advocating totalitarianism, trea- And you don’t have to take my word free speech or any of the rights if we son, or what have you, they are not liv- for it. The 144 free speech lawyers, didn’t have the rule of law and peaceful ing up to the duties of their office as which Mr. NEGUSE mentioned, who in- transfer of power and a democracy teacher. They can be fired. clude many of the Nation’s most dedi- where the outcome of the election is Everybody knows that, and it hap- cated, most uncompromising free accepted by the candidate who lost. We pens all the time, by the way, includ- speech advocates—unlike Mr. Trump, had it all the way up until 2020. And the central purposes of the First ing to cops and firefighters and people of course—but these people agree that Amendment are democratic self-gov- on the frontlines. It happens all the there is a powerful case for conviction ernment and civic truth seeking—two time. In fact, it happened countless under the Brandenburg standard, even purposes that President Trump sought times to people fired by President if the President of the United States to undermine, not advance, in the Trump for their statements or ideas were just to be treated like some guy course of his conduct as we have defini- about things, including on election in the crowd. And they add: tively demonstrated at this trial. fraud, not long ago. There are people in The First Amendment is no defense to the The violence he incited threatened the government who lost their jobs be- article of impeachment leveled against the former President . . . all of our freedoms. It threatened the cause the President didn’t like what very constitutional order that protects And I mention the Brandenburg they said or what they wrote. free speech, due process, religious free Now, as I mentioned yesterday—and I standard not because it applies here. Of exercise, the right to vote, equal pro- can’t help but repeat it—Justice Scalia course, it doesn’t. This is an impeach- tection, and the many other funda- got it exactly right on this. He wrote ment. It is not a criminal trial, and mental rights that we all treasure and on these cases about how the First there is no risk of jail time. Let’s be cherish as citizens of the United Amendment affects people who take on clear about that. The President doesn’t States. a public office, who take on public em- go to jail for 1 week, 1 day, 1 hour, or The First Amendment does not cre- ployment, and he summed it up like 1 minute based on impeachment and ate some superpower immunity from this. He said: conviction and disqualification from impeachment for a President who at- You can’t ride with the cops but root for further office. tacks the Constitution in word, in the robbers. Rather, I mention it to emphasize deed, while rejecting the outcome of an You can’t ride with the cops but root for that absolutely nobody in America election he happened to lose. the robbers. would be protected by the First If anything, President Trump’s con- That is what Justice Scalia said, and Amendment if they did all the things duct was an assault on the First when it comes to the peaceful transfer that Donald Trump did. Nobody made Amendment and equal protection of power, to the rule of law, to respect- Donald Trump run for President and rights that millions of Americans exer- ing election outcomes, our President, swear an oath to preserve, protect, and cised when they voted last year, often whoever he or she is, must choose the defend the Constitution on January 20, under extraordinarily difficult and ar- side of the Constitution—must—and 2017. But when he did, by virtue of duous circumstances. not the side of the insurrection or the swearing that oath and entering this Remember, the First Amendment coup or anybody who is coming against high office, he took upon himself a protects the right of the people to us. duty to affirm and take care that our speak about the great issues of our And if he or she chooses the wrong laws would be faithfully executed day, to debate during elections, and side, I am sorry, there is nothing in under his leadership—all of the laws, then to participate in politics by se- this First Amendment or anywhere the laws against Federal destruction of lecting the people who will be our lead- else in the Constitution that can ex- property, all of the laws. We expected ers. cuse your betrayal of your oath of of- him in everything he said and every- And remember, in American democ- fice. It is not a free speech question. thing he did to protect and preserve racy those of us who aspire and attain But there is more. Let’s play make- and defend our constitutional system, the public office are nothing but the believe and pretend that President including the separation of powers. servants of the people—nothing. Not Trump was just a run-of-the-mill pri- But, instead, he betrayed us, and as the masters of the people—we have no vate citizen—as my colleague Mr. Representative CHENEY said, it was the kings here. We have no czars. NEGUSE said, just another guy at the greatest betrayal of a Presidential oath Here, the people govern, President rally—who is just expressing a deeply in the history of the United States of Ford said—the people. unpopular opinion, because we America—the greatest. The most important words of the shouldn’t overlook the fact that, while As I mentioned yesterday, President Constitution are the first three—‘‘We there were thousands of people in that Trump is not even close to the prover- the People.’’

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.023 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S661 But all this—all this—means little if cited a violent insurrection against our the House somehow deliberately de- a President who dislikes the election government. He must be convicted. layed the transmission of this Article results can incite violence to try to re- And now I am going to call up Rep- of Impeachment. That is simply not ac- place and usurp the will of the people resentative DEAN, who will explain curate. as expressed in the States, ignore the why, contrary to the President’s When the House adopted this Article judicial branch of government, and claims, the House provided him with of Impeachment on a bipartisan vote, then run over the legislative branch of all the process that was due to him. we were ready to begin trial, but the government with a mob. I am sorry. Mr. LIEU is going to do Senate was not in session at the time. President Trump’s high crimes and that. And when we inquired as to our op- misdemeanors sought to nullify the po- Mr. Manager LIEU. Thank you for tions, Senate officials told us, clearly, litical rights and sovereignty of the your time and your attention. and in no uncertain terms, that if the American people—our right as a people We all heard President Trump’s at- Clerk of the House attempted to de- to deliberate, to form opinions, to per- torneys on Tuesday, and as part of liver the Article of Impeachment to suade each other to vote, and then to President Trump’s efforts to avoid the Secretary of the Senate before the decide who our President will be—the talking about his own conduct, to Senate reconvened, that the Clerk of sovereignty of the people. That is an avoid talking about anything related the House would have been turned back attack on the First Amendment, I to this constitutional crime, we expect at the door. That is why the trial did would say. that President Trump will raise due not begin then—another reason why In addition, President Trump’s ac- process objections. the President’s objections of due proc- tions were a direct attack on our own His due process claims are without ess are meritless. freedom of speech here in the Capitol. merit. Under the Constitution, the Finally, let me just conclude that Members of Congress are sent here to House has ‘‘the sole Power of Impeach- you all are going to see and have seen speak for their constituents. That is ment.’’ That provision confirms that a full presentation of evidence by the why we have our own little ‘‘mini free the House functions as a grand jury or House, and you are going to hear a full speech’’ clause—the speech and debate a prosecutor. The House decides wheth- presentation by the President’s attor- clause. That is literally our job when er to bring charges. neys. You are going to be able to ask we come here and represent the views Now, on other impeachment cases, questions. The Senate has the sole of our people. the House can provide certain delibera- power to try all impeachments. Presi- The attack that President Trump in- tive and procedural privileges to the dent Trump is receiving any and all cited forced Members of Congress to person being impeached, but those are process that he is due right here in this stop speaking and to literally flee for exactly that—privileges. They are dis- Chamber. our lives and the lives of our staffs and cretionary. The House has the power to Mr. Manager RASKIN. Mr. President, our families. The man whose state- decide its own rules, how it wants to Senators, in just a moment, my col- ments and actions halted the speech in pass the Article of Impeachment, and league, Mr. NEGUSE, will return to Congress—speech related to the peace- in this case, the House debated the Ar- show that we have established, with ful transfer of power—has no right, no ticle of Impeachment and passed it on overwhelming evidence, that President right, to claim that free speech prin- a bipartisan vote. Trump engaged in high crimes and mis- ciples prevent this body from exer- I am a former prosecutor. I just want demeanors. Before Mr. NEGUSE comes cising its constitutional power to hold to add that I have had opportunities to up, though, I would like to emphasize him accountable for his offense against decide whether to bring charges, and what should be an uncontroversial us. when you see a crime committed in point but is really key to understand. You know, Voltaire said famously, plain view, prosecutors don’t have to If we have proven to you the conduct and our Founders knew it: spend months investigating before they that we have alleged in this Article, I may disagree with everything you say, bring charges. I know that in this case, then President Trump has indeed com- but I will defend with my life your right to in fact, hundreds of people have been mitted a high crime and misdemeanor say it. arrested and charged by prosecutors for under the Constitution. Incitement of President Trump says: Because I dis- the violence on January 6. There was insurrection under these circumstances agree with everything you say, I will no reason for the House to wait to im- is, undoubtedly, in the words of George overturn your popular election and in- peach the man at the very top that in- Mason from the Constitutional Conven- cite insurrection against the govern- cited the violence. tion, a ‘‘great and dangerous’’ offense ment. I would also like to emphasize that against the Republic. Indeed, it is hard And we might take a moment to con- the House had good reason to move to think of a greater or more dan- sider another Voltaire insight, which a quickly. This was an exigent cir- gerous offense against the Republic high school teacher of mine told me cumstance. This was not a case where than this one. when her student asked: When was the there was hidden conduct or some con- So to be very precise about this, I beginning of the Enlightenment? spiracy that required months and hope we all can agree today that if a And she said: I think it was when maybe years of investigation. President does incite a violent insur- Voltaire said: This case has not raised very com- rection against the government, he can Anyone who can make you believe absurd- plicated legal issues. The gravity of the be impeached for it. I hope we all can ities, can make you commit atrocities. President’s conduct demanded the agree that that is a constitutional There is no merit whatsoever to any clearest of responses from the legisla- crime. of the free speech rhetoric—the empty ture, particularly given that the Presi- Another key point: While President free speech rhetoric—you may hear dent was still in office at the time the Trump’s lawyers may be arguing other- from President Trump’s lawyers. He at- House approved this Article and ru- wise, the question here is not whether tacked the First Amendment. He at- mors of further violence echoed around President Trump committed a crime tacked the Constitution. He betrayed the country. They still do. under the Federal Code or DC law or his oath of office. Presidents don’t have There must be absolutely no doubt the law of any State. Impeachment any right to do that. It is forbidden so that Congress will act decisively does not result in criminal penalties, that our Republic may survive. The against a President who incites vio- as we keep emphasizing. No one spends people are far more important than lence against us. That is why the House a day in jail. There are not even crimi- that. moved quickly here, and President nal or civil fines. Centuries of history, The precedent he asks you to create, Trump, who created that emergency, not to mention the constitutional text, which would allow any future Presi- cannot be here to complain that the structure, and original intent and un- dent to do precisely what he did, is House impeached him too quickly for derstanding, all confirm the teaching self-evidently dangerous, and so there the emergency he caused. of James Wilson, another Framer, who can be no doubt—none at all—that the Another point on the due process wrote ‘‘that impeachments and of- President lacks any First Amendment question: Earlier in this trial, Presi- fenses come not within the sphere of excuse or defense or immunity. He in- dent Trump’s attorneys suggested that ordinary jurisprudence.’’ Simply put,

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.024 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S662 CONGRESSIONAL RECORD — SENATE February 11, 2021 impeachment was created for a purpose fore you and we have put it before all do just about anything to prevent the separate and distinct from criminal of you in this public trial because we peaceful transfer of power; that he punishment. It was created to prevent love our country that much. tried everything he could do to stop it. and deter elected officials who swear Mr. NEGUSE will show you that we You will recall the evidence on the an oath to represent America but then have proven our case and that Presi- screen: him pressuring and threatening commit dangerous offenses against our dent Trump committed this impeach- State election officials, attacking Republic. That is a constitutional able offense that we impeached him for them to the point of literally calling crime. on January 13 and that you should con- them enemies of the state, threatening And Senators, what greater offense vict him. And when he is finished, I at least one of them with criminal pen- could one commit than to incite the will return and explain why it is dan- alties; then, attacking Senators, Mem- violent insurrection at our seat of gov- gerous for us to ignore this and why bers of Congress, all across the media; ernment during the peaceful transfer of you must convict, and then we will pressuring the Justice Department, power—in circumstances where vio- rest. prompting outcries from assistant U.S. lence is foreseeable, where a crowd is Mr. NEGUSE. attorneys, not to mention his own At- poised for violence, to provoke a mob Mr. Manager NEGUSE. Mr. Presi- torney General, reportedly telling him of thousands to attack us with weapons dent, distinguished Senators, good that the stolen election claims were and sticks and poles, to bludgeon and afternoon, again. As my colleague, ‘‘BS’’—not my phrase, his. beat our law enforcement officers and Lead Manager RASKIN, has mentioned, And then, as January 6 approached, to deface these sacred walls and to I know it has been a long few days, and he moved on to attacking his own Vice trash the place and to do so while seek- I want to say thank you. We are very President openly and savagely. ing to stop us from fulfilling our own grateful for your patience, for your at- We have recounted, throughout that oaths, our own duties to uphold the tention, and the attention that you entire period, all the ways in which Constitution by counting the votes have paid to every one of our managers President Trump inflamed his sup- from our free and fair elections and as they presented our case. porters with lies that the election was then to sit back and watch in delight As Lead Manager RASKIN mentioned, stolen. As every single one of us knows, as insurrectionists attack us, violating I hope, I trust, that we could all agree nothing in this country is more sa- cred—nothing—than our right to vote, a sacred oath and engaging in a pro- that if a President incites a violent in- our voice, and here you have the Presi- found dereliction and desertion of duty. surrection against our government, How can we assure that our Com- that that is impeachable conduct. dent of the United States telling his mander in Chief will protect, preserve, So what I would like to do as we supporters that their voice, that their and defend our Constitution if we don’t close our case is just walk you through rights as Americans were being stolen hold a President accountable in a cir- why our evidence overwhelmingly es- from them, ripped away. That made cumstance like this? What is impeach- tablishes that President Trump com- them angry, angry enough to stop the steal, to fight like hell to stop the able conduct, if not this? I challenge mitted that offense. steal. you all to think about it. If you think Now, as you consider that question, And we showed you this. You saw the that question as to whether the Presi- this is not impeachable, what is? What endless tweets, the rallies, and the dent incited insurrection, there are would be? statements encouraging and spreading If President Trump’s lawyers endorse three questions that reasonably come that big lie. You saw that he did this his breathtaking assertion that his to mind: Was violence foreseeable; did over and over again with the same mes- conduct in inciting these events was he encourage violence; and did he act sage each time: You must fight to win totally appropriate and the Senate ac- willfully? it back. You must never surrender, no quits Donald Trump, then any Presi- I am going to show you why the an- matter what. dent could incite and provoke insurrec- swer to every one of those questions And remember, each time, his sup- tionary violence against us again. If has to be yes. porters along the way showed violence. you don’t find this a high crime and First, let’s start with foreseeability. He endorsed it, encouraged it, and misdemeanor today, you have set a Was it foreseeable that violence would praised it. It was all part of that same new, terrible standard for Presidential erupt on January 6 if President Trump demand to stop the steal and fight like misconduct in the United States of lit a spark? Was it predictable that the hell. America. crowd at the Save America rally was Remember the video that Manager The only real question here is the poised on a hair trigger for violence, PLASKETT showed you from Texas? factual one. Did we prove that Donald that they would fight, literally, if pro- Some of his supporters encircling a bus Trump, while President of the United voked to do so? Of course, it was. of campaign workers on a highway? States, incite a violent insurrection When President Trump stood up to People easily could have been killed— against the government? that podium on January 6, he knew easily. What did he do? He tweeted and Incitement, of course, is an inher- that many in that crowd were in- made a joke about it at a rally, called ently fact-based and fact-intensive flamed, were armed, were ready for vio- them patriots and held them out as an judgment, which is why we commend lence. It was an explosive situation, example of what it means to stop the you all for your scrupulous attention and he knew it. We have shown you the steal. to everything that took place, but we evidence on this point. You have seen When he told his supporters to stop believe that we have shown you over- it—the images, the videos, the articles, the steal, they took up arms to lit- whelming evidence in this case that and the pattern which showed that the erally intimidate officials to overturn would convince anyone using their violence on that terrible day was en- the election results. You saw the evi- common sense that this was indeed in- tirely foreseeable. dence and so did he, and he welcomed citement—meaning that Donald We have showed you how this all it. Trump’s conduct encouraged violence; began with the big lie, the claim that When President Trump attacked the violence was foreseeable; and he the election was rigged, and that Presi- Georgia’s secretary of state for certi- acted willfully in the actions that in- dent Trump and his supporters were fying the results, his supporters sent curred violence. the victims of a massive fraud, a mas- death threats. You saw those in great Mr. NEGUSE will take you through sive conspiracy to rip away their votes. detail from Manager DEAN. What did he that evidence again—not the whole We have showed you how President do? He attacked the election officials thing. We are almost done. We are al- Trump spread that lie, and how, over further. most done, but we don’t want it to be the course of months, with his support When his supporters gathered to- said that they never proved this or and encouragement, it inflamed part of gether to have a second Million MAGA they never proved that because my his base, resulting in death threats, rally—that is the rally that Manager magnificent team of managers has real-world violence, and increasingly PLASKETT showed you, a rally about stayed up night after night after night, extreme calls to stop the steal. the stolen election—he tweeted that through weeks, to compile all of the We established that after he lost the the fight had just begun. What hap- factual evidence, and we have put it be- election, the President was willing to pened next? It is not rocket science.

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.025 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S663 Fights broke out, stabbings, serious vi- knows the answer to that question. The His message was crystal clear, and it olence. hours of video you all have watched was understood immediately, instantly Now, President Trump, like all of us, leave no doubt. Just remember what he by his followers. And we don’t have to he saw what happened at that rally. He said on January 6. guess. We don’t have to guess as to how saw all the violence, the burning, and (Text of video presentation of 1–6– they reacted. We can look at how peo- chaos. How did he respond? He tweeted 2021.) ple reacted to what he said. You saw praise of the event, and then—see it on President TRUMP. All of us here today do them, and you saw the violence. It is the screen—he bought $50 million—$50 not want to see our election victory stolen. pretty simple: He said it, and they did million worth of ads to further pro- There’s never been anything like this. It’s it. And we know this because they told mote his message to those exact same a pure theft in American history. Everybody us. They told us in real time during the people. He immediately joined forces knows it. Make no mistake, this election was stolen from you, from me, from the country. attack. You saw the affidavits, the with that very same group. He joined interviews on social media and on live forces with the same people who had In the opening of— (Text of video presentation.) TV. They were doing this for him be- just erupted into violence. cause he asked them to. Was violence predictable? Was it ob- President TRUMP. We will never give up. It wasn’t just insurrectionists who We will never concede. It doesn’t happen. vious that the crowd on January 6 was You don’t concede when there’s theft in- confirmed this. Many, many people, in- poised for violence, prepared for it? Ab- volved. cluding current and former officials, solutely. And this isn’t just clear look- And to use a favorite term that all of you immediately recognized that the Presi- ing back in time; it was widely recog- people really came up with: ‘‘We will stop dent had incited the crowd, that he nized at the time. In the days leading the steal. We will stop the steal.’’ alone was capable of stopping the vio- up to January 6, there were dozens, We will not let them silence your voices. lence, that he did this, and he had to hundreds of warnings. And he knew it. We’re not going to let it happen. Not going call it off because he was the only one to let it happen. He knew the rally would explode if pro- (People chanting: ‘‘Fight for Trump.’’ who could. voked. He knew all it would take was a President TRUMP. Thank you. Let’s see what Representative slight push. (People chanting: ‘‘Fight for Trump.’’) MCCARTHY, Representative GALLAGHER, Remember, you heard from Manager President TRUMP. You have to get your , Representative PLASKETT the chatter on social media people to fight because you’ll never take KINZINGER, and Representative KATKO websites that the Trump administra- back our country with weakness. You have had to say. to show strength, and you have to be strong. (Text of video presentation.) tion monitored and were known to the And we fight. We fight like hell. And if you Trump operation. It showed that the don’t fight like hell, you’re not going to have Mr. MCCARTHY. I could not be sadder or people he invited to the January 6 rally a country anymore. more disappointed with the way our country looks at this very moment. People are get- took this as a serious call to arms, that You may remember at the outset of this was not just any attack, it was to ting hurt. Anyone involved in this, if you’re this trial, I told you would hear three hearing me, hear me loud and clear: This is storm the Capitol, if necessary, to stop phrases over and over and over again: not the American way. the steal. The big lie that the election had been Mr. GALLAGHER. Mr. President, you have And it wasn’t just clear on these stolen, ‘‘stop the steal and never con- got to stop this. You are the only person who websites that the Trump administra- cede,’’ and ‘‘fight like hell to stop that can call this off. Call it off. Mr. Christie. It’s pretty simple. The Presi- tion was monitoring; the FBI issued re- steal.’’ You heard those phrases ports about this credible threat, a dent caused this protest to occur. He’s the throughout the course of this trial, only one who could make it stop. threat to target us. Law enforcement video after video, statement after What the President says is not good made six arrests the night before. Six statement, telling his supporters that enough. arrests. Newspapers across the city they should be patriots, to fight hard, The President has to come out and tell his warned of the risk of violence. stop the steal. On that day, that day, supporters to leave the Capitol grounds and There can be no doubt that the risk to allow the Congress to do their business where did he direct the crowd’s ire? He peacefully, and anything short of that is an of violence was foreseeable. directed them here to Congress. He What did he do in the days leading up abrogation of his responsibility. quite literally in one part of that to the rally? Did he calm the situation? Mr. KINZINGER. You know, a guy that speech pointed at us. He told them to knows how to tweet very aggressively on Ask yourself, I mean, did he call for ‘‘fight like hell. And if you don’t fight Twitter, you know, puts out one of the weak- peace? No. He didn’t do that. He spread like hell, you’re not going to have a est statements on one of the saddest days in his big lie, the most dangerous lie, as I American history. country anymore.’’ Mr. KATKO. The President’s role in this mentioned, that Americans’ votes were And here is the thing. That wasn’t being stolen and that the final act of insurrection is undeniable, both on social metaphorical. It wasn’t rhetorical. He media ahead of January 6 and in his speech theft would occur here in the Capitol. already made it perfectly clear that Then he assembled all of those sup- that day. He deliberately promoted baseless when he said ‘‘fight,’’ he meant it. And theories, creating a combustible environ- porters. He invited them to an orga- when followers, in fact, fought, when ment of disinformation and division. To nized event on a specific day at a spe- they engaged in violence, he praised allow the President of the United States to cific time matched perfectly to coin- and honored them as patriots. He im- incite this attack without consequences is a cide with the joint session of Congress, plied that it was OK to break the law direct threat to the future of this democ- racy. to coincide with the steal that he had because the election was being stolen. told them to stop by any and all You heard it. You remember the clip Did the President encourage vio- means. lence? Yes, no doubt that he did. that Manager DEAN showed you earlier Again, he was told by law enforce- Final question: Did the President act in this trial. He told them—the quote ment and all over the news that these willfully in his actions that encouraged is on the screen—‘‘When you catch people were armed and ready for real violence? Well, let’s look at the facts. somebody in a fraud, you’re allowed to violence. He knew it. He knew it per- He stood before an armed, angry crowd go by very different rules.’’ fectly well, that he had created this Remember how all of his supporters— known to be ready for violence at his powder keg at his rally. He knew just some of his supporters across social provocation. And what did he do? He how combustible that situation was. media were treating this as a war, provoked them. He aimed them here, He knew there were people before him talking about bringing in the cavalry? told them to ‘‘fight like hell.’’ And who had prepared, who were armed and Well, President Trump made clear that is exactly what they did. And his conduct throughout the rest armored. He knew they would jump to what those different rules were. He had of that terrible day really only con- violence at any signal, at any sign been making it clear for months. from him that he needed them to fight, (Text of video presentation.) firms that he acted willfully, that he that he needed them to stop the steal, incited the crowd and then engaged in Mr. Giuliani. So let’s have trial by combat. and we all know what happened next. President TRUMP. And, Rudy, you did a the dereliction of duty while he contin- Second question. Did he encourage great job. He’s got guts. You know what? ued inflaming the violence. And, again, the violence? Standing in that powder He’s got guts, unlike a lot of people in the we don’t have to guess what he thought keg, did he light a match? Everyone Republican Party. He’s got guts. He fights. because he told us.

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.027 S11FEPT1 dlhill on DSK120RN23PROD with SENATE S664 CONGRESSIONAL RECORD — SENATE February 11, 2021 Remember the video he released at evacuate or seek cover because they vowed that ‘‘government of the people, 4:17 p.m.? Lead Manager Raskin showed were protecting us. I am not going to by the people, [and] for the people shall that to you yesterday, the one where go through again what my fellow man- not perish from the earth.’’ He was he said: agers showed you yesterday, but let me speaking not long after the Republic We had an election that was stolen from just say this: Those officers serve us was created, and he was trying to prove us. faithfully and dutifully, and they fol- that point, that we would not allow it Remember the tweet that he put out low their oaths. They deserve a Presi- to perish from the Earth. just a couple hours later, 6:01 p.m., on dent who upholds his, who would not For most of history, the norm has January 6? You have seen it many risk their lives and safety to retain been dictators, autocrats, bullies, des- times. You could see it on the slide: power, a President who would preserve, pots, tirades, cowards who take over These are the things that happen when a protect, and defend them. But that is our government—for most of the his- sacred landslide election victory is so not what he did. tory of the world—and that is why unceremoniously & viciously stripped away. When they, the police, still barri- America is such a miracle. We were That is what he was focused on, caded and being attacked with poles— founded on the extraordinary prin- spreading the big lie and praising the he said in his video to the people at- ciples of the inalienable rights of the mob that attacked us and our govern- tacking them: people and the consent of the governed ment. We love you. You’re very special. and the fundamental equality of all of You heard Manager CICILLINE de- What more could we possibly need to us. scribe reports that the President was know about President Trump’s state of You know, when Lincoln said ‘‘gov- delighted, enthusiastic, confused that mind? ernment of the people, by the people, others didn’t share his excitement as Senators, the evidence is clear. We [and] for the people’’ and he hearkened he watched the attack unfold on TV. showed you statements, videos, affida- back to the Declaration of Independ- He cared more about pressing his ef- vits that prove President Trump in- ence, when he said ‘‘Four score and forts to overturn the election than he cited an insurrection—an insurrection seven years ago,’’ he knew that that did about saving lives, our lives. that he alone had the power to stop. wasn’t how we started. We started im- Look at what President Trump did And the fact that he didn’t stop it, the perfectly. We started as a slave repub- that day after the rally. It is impor- fact that he incited a lawless attack lic. Lincoln knew that. But he was tant. He did virtually nothing. and abdicated his duty to defend us struggling to make the country better. We have seen—Manager CASTRO men- from it, the fact that he actually fur- And however flawed the Founders tioned this—that when President ther inflamed the mob—further in- were as men in their times, they in- Trump wants to stop something, he flamed that mob attacking his Vice scribed in the Declaration of Independ- does so simply, easily, quickly. But President while assassins were pur- ence and the Constitution all the beau- aside from four tweets and a short clip suing him in this Capitol—more than tiful principles that we needed to open during the over 5-hour long attack, he requires conviction and disqualifica- America up to successive waves of po- did nothing. tion. litical struggle and constitutional On January 6, he didn’t condemn the We humbly—humbly ask you to con- change and transformation in the attack, didn’t condemn the attackers, vict President Trump for the crime for country so we really would become didn’t say that he would send help to which he is overwhelmingly guilty be- something much more like Lincoln’s defend us or defend law enforcement. cause if you don’t, if we pretend this beautiful vision of ‘‘government of the He didn’t react to the violence with didn’t happen or, worse, if we let it go people, by the people, [and] for the peo- shock or horror or dismay, as we did. unanswered, who is to say it won’t hap- ple’’—the world’s greatest, multiracial, He didn’t immediately rush to Twitter pen again? multireligious, multiethnic constitu- and demand in the clearest possible Mr. Manager RASKIN. Mr. President, tional democracy, the envy of the terms that the mob disperse, that they Members of the Senate, first of all, world, as Tom Paine said, an asylum stop it, that they retreat. Instead, he thank you for your close attention and for humanity where people would issued messages in the afternoon that seriousness of purpose that you have come. sided with them, the insurrectionists demonstrated over the last few days. Think about the preamble, those first who had left police officers battered Thank you also for your courtesy to three words pregnant with such mean- and bloodied. the House managers as we have come ing, ‘‘We the People,’’ and then all of He reacted exactly the way someone over here, strangers in a strange land, the purposes of our government put would react if they were delighted and to make our case before this distin- into that one action-packed sentence: exactly unlike how a person would guished and august body. ‘‘We the People . . . in Order to form a react if they were angry at how their We are about to close. And I am more perfect Union, establish Justice, followers were acting. proud that our managers have been so insure domestic Tranquility, provide Again, ask yourself how many lives disciplined and so focused. I think we for the common defense, promote the would have been saved, how much pain are closing somewhere between 5 and 6 general Welfare, and [preserve] to our- and trauma would have been avoided if hours under the time that you have al- selves and our Posterity’’ the blessings he had reacted the way that a Presi- lotted to us, but we think we have been of liberty. dent of the United States is supposed able to tell you everything we need to And then, right after that first sen- to act. say. We will, obviously, have the oppor- tence—the mission statement for There are two parts of President tunity to address your questions and America, the Constitution—what hap- Trump’s failure here—his dereliction of then to do a final closing when we get pens? Article I. The Congress is cre- duty—that I just have to emphasize for there. ated: All legislative powers herein are a moment. I just wanted to leave you with a few reserved to the Congress of the United First is what he did to Vice President thoughts. And, again, I am not going to States. Mike Pence, the Vice President of the retraumatize you by going through the You see what just happened? The sov- United States of America. His own Vice evidence once again. I just wanted to ereign power of the people to launch President was in this building with an leave you with a few thoughts to con- the country and create the Constitu- armed mob shouting ‘‘Hang him,’’ the sider as you enter upon this very high tion flowed right into Congress. And same armed mob that set up gallows and difficult duty that you have to then you get in article I, section 8 com- outside. You saw those pictures. render impartial justice in this case, as prehensive, vast powers that all of you And what did President Trump do? you have all sworn to do. know so well—the power to regulate He attacked him more. He singled him And I wanted to start simply by say- commerce domestically and inter- out by name. It is honestly hard to ing that, in the history of humanity, nationally, the power to declare war, fathom. democracy is an extremely rare and the power to raise budgets and taxes Second, our law enforcement—the fragile and precarious and transitory and to spend money, the power to gov- brave officers who were sacrificing thing. Abraham Lincoln knew that ern the seat of government, and on and their lives to defend us, who could not when he spoke from the battlefield and on and on.

VerDate Sep 11 2014 03:02 Feb 12, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G11FE6.029 S11FEPT1 dlhill on DSK120RN23PROD with SENATE February 11, 2021 CONGRESSIONAL RECORD — SENATE S665 And then, even in article 1, section 8, in detail, they must let this constitu- Tom Paine wasn’t an American, as clause 18, all other powers ‘‘necessary tional jurisdictional argument go—not you know, but he came over to help us and proper’’ to the foregoing powers. just because it is frivolous and wrong, in our great struggle That is all of us. as nearly every expert scholar in Amer- against the Kings and Queens and the Then you get to article II, the Presi- ica opined, but because it is not rel- tyrants. And in 1776, in ‘‘The Crisis,’’ dent, four short paragraphs. And the evant to the jury’s consideration of the he wrote these beautiful words. It was fourth paragraph is all about what? Im- facts of the case. a very tough time for the country. Peo- peachment—how you get rid of a Presi- So our friends must work to answer ple didn’t know which way things were dent who commits high crimes and all of the overwhelming, detailed, spe- going to go. Were we going to win, misdemeanors. cific, factual, and documentary evi- against all hope, because for most of What is the core job of the President? dence we have introduced of the Presi- the rest of human history it had been To take care that the laws are faith- dent’s clear and overwhelming guilt in the Kings and the Queens and the ty- fully executed. inciting violent insurrection against rants and the nobles lording it over the And our Framers were so fearful of the Union. common people? Could political self- Presidents becoming tyrants and want- Donald Trump, last week, turned government work in America was the ing to become Kings and despots that down our invitation to come testify question. And Paine wrote this pam- they put the oath of office right into about his actions, and, therefore, we phlet called ‘‘The Crisis,’’ and in it he the Constitution. They inscribed it have not been able to ask him any said these beautiful words. And, with into the Constitution: to ‘‘preserve, questions directly as of this point. your permission, I’m going to update protect, and defend the Constitution of Therefore, during the course of their the language a little bit, pursuant to the United States.’’ 16-hour-allotted presentation, we would the suggestion of Speaker PELOSI, so as We have got the power to impeach pose these preliminary questions to his not to offend modern sensibilities. OK. the President. The President doesn’t lawyers, which I think are on every- But he said: These are the times that have the power to impeach us. Think one’s minds right now and which we try men and women’s souls. These are about that. The popular branch of gov- would have asked Mr. Trump himself if the times that try men and women’s ernment has the power to impeach the he had chosen to come and testify souls. The summer soldier and the sun- President. The President does not have about his actions and inactions when shine patriot will shrink at this mo- the power to impeach us. we invited him last week: ment from the service of their cause And, as I said before, all of us who as- One, why did President Trump not and their country; but everyone who pire and attain a public office are noth- tell his supporters to stop the attack stands with us now will win the love ing but the servants of the people. And on the Capitol as soon as he learned of and the favor and the affection of every the way the Framers would have it is it? man and every woman for all time. the moment that we no longer acted as Why did President Trump do nothing Tyranny, like hell, is not easily con- servants of the people but as masters of to stop the attack for at least 2 hours quered, but we have this saving con- the people, as violators of the people’s after the attack began? solation: The more difficult the strug- rights, that was the time to impeach, As our constitutional Commander in gle, the more glorious, in the end, will remove, convict, disqualify, start all Chief, why did he do nothing to send be our victory. over again, because the interests of the help to our overwhelmed and besieged Good luck in your deliberations. people are so much greater than the in- law enforcement officers for at least 2 We do conclude our presentation. terests of one person—any one person, hours on January 6 after the attack Mr. SCHUMER. Thank you. Thank even the greatest person in the coun- began? you. Now, I have two—we are going to try. The interests of the people are On January 6, why did President do the adjournment resolution in a mo- what count. Trump not at any point that day con- ment. I have two other things that we Now, when we sit down and we close, demn the violent insurrection and the have to do. They are quick. our distinguished counterparts, the de- insurrectionists? First, Mr. President, I ask unani- fense counsel, who have waited very And I will add a legal question that I mous consent that it be in order to patiently—and thank you—will stand hope his distinguished counsel will ad- make several unanimous consent re- up and seek to defend the President’s dress: If a President did invite a violent quests as if in legislative session. conduct on the facts, as I think they insurrection against our government, The PRESIDING OFFICER. Without will. as, of course, we allege and think we objection, it is so ordered. It has already been decided by the have proven in this case—but just in Senate on Tuesday that the Senate has general, if a President incited a violent UNANIMOUS CONSENT AGREEMENT constitutional jurisdiction over this insurrection against our government— Mr. SCHUMER. Mr. President, I ask impeachment case brought to you by would that be a high crime and mis- unanimous consent that on Friday, the United States House of Representa- demeanor? Can we all agree, at least, February 12, from 10:30 to 11:30 a.m. tives. So we have put that jurisdic- on that? that, notwithstanding adjournment, tional, constitutional issue to bed. It is Senators, I have talked a lot about the Senate be able to receive House over. It has already been voted on. common sense in this trial because I messages and executive matters, com- This is a trial on the facts of what think, I believe that is all you need to mittees be authorized to report legisla- happened. And incitement, as we said, arrive at the right answer here. tive and executive matters, and Sen- is a fact-intensive investigation and You know, when Tom Paine wrote ators be allowed to submit statements judgment that each of you will have to ‘‘Common Sense,’’ the pamphlet that for the record, introduce bills and reso- make. launched the American Revolution, he lutions, and make cosponsor requests, We have made our very best effort to said that common sense really meant and, where applicable, the Secretary of set forth every single relevant fact two different things: the Senate, on behalf of the Presiding that we know in the most objective and One, common sense is the under- Officer, be permitted to refer such mat- honest light. We trust and we hope that standing that we all have without ad- ters. the defense will understand the con- vanced learning and education. Com- The PRESIDING OFFICER. Without stitutional gravity and solemnity of mon sense is the sense accessible to ev- objection, it is so ordered. this trial by focusing like a laser beam erybody. But common sense is also the UNANIMOUS CONSENT AGREEMENT—READING OF on the facts and not return to the con- sense that we all have in common, as a WASHINGTON’S FAREWELL ADDRESS stitutional argument that has already community. Mr. SCHUMER. And a second re- been decided by the Senate. Senators, America, we need to exer- quest, poignantly appropriate at this Just as a defense lawyer who loses a cise our common sense about what hap- moment: I ask unanimous consent motion to dismiss on a constitutional pened. Let’s not get caught up in a lot that, pursuant to the order of the Sen- basis in a criminal case must let that of outlandish lawyers’ theories here. ate of January 24, 1901, the traditional go and then focus on the facts which Exercise your common sense about reading of Washington’s Farewell Ad- are being presented by the prosecutors what just took place in our country. dress take place on Monday, February

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