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

Vol. 167 WASHINGTON, SATURDAY, FEBRUARY 13, 2021 No. 28 House of Representatives The House was not in session today. Its next meeting will be held on Monday, February 15, 2021, at 9:30 a.m. Senate SATURDAY, FEBRUARY 13, 2021

The Senate met at 10:01 a.m. and was If there is no objection, the Journal We have supported our position with called to order by the President pro of proceedings of the trial are approved images, videos, affidavits, documents, tempore (Mr. LEAHY). to date. tweets, and other evidence, leaving no f And I would ask the Sergeant at doubt that the Senate should convict. Arms to make the proclamation. We believe we have proven our case. TRIAL OF DONALD J. TRUMP, The Acting Sergeant at Arms, Jen- But last night, Congresswoman PRESIDENT OF THE UNITED nifer A. Hemingway, made the procla- JAIME HERRERA BEUTLER of Wash- STATES mation as follows: ington State issued a statement con- The PRESIDENT pro tempore. The Hear ye! Hear ye! All persons are com- firming that in the middle of the insur- Senate will begin as a Court of Im- manded to keep silence, on pain of imprison- rection, when House Minority Leader ment, while the Senate of the United States KEVIN MCCARTHY called the President peachment. is sitting for the trial of the Article of Im- PRAYER peachment exhibited by the House of Rep- to beg for help, President Trump re- The Chaplain, Dr. Barry C. Black, of- resentatives against Donald John Trump, sponded: fered the following prayer: former President of the United States. Well, Kevin, I guess these people are more Let us pray. The PRESIDENT pro tempore. Pur- upset about the election than you are. O Lord, our God, yesterday this suant to the provisions of S. Res. 47, Needless to say, this is an additional Chamber reverberated to a standing the Senate has provided up to 2 hours critical piece of corroborating evi- ovation for the courage of Officer Eu- of argument by the parties, equally di- dence, further confirming the charges gene Goodman in defending this build- vided, on the question of whether or before you, as well as the President’s ing and human life. May our legislative not it shall be in order to consider and willful dereliction of duty and deser- jurors strive to emulate his courage in debate under the impeachment rules tion of duty as Commander in Chief of their defense of the United States Con- any motion to subpoena witnesses or the United States, his state of mind, stitution. Lord, touch and move them documents. and his further incitement of the insur- to believe that the end does not justify Are both parties ready to proceed at rection on January 6. For that reason, and because this is the means. Help them to remember this point? the proper time to do so under the res- that the end is inherent and built into Mr. Counsel CASTOR. Yes, Mr. Presi- olution that the Senate adopted to set the means. Fill our Senators with the dent. Mr. Manager RASKIN. We have a mo- the rules for the trial, we would like spirit that combines common sense tion. the opportunity to subpoena Congress- with commitment, conscience, and The PRESIDENT pro tempore. They woman HERRERA regarding her commu- courage. may proceed. nications with House Minority Leader We pray in Your merciful Name. MOTION TO SUBPOENA WITNESSES KEVIN MCCARTHY and to subpoena her Amen. Mr. Manager RASKIN. Thank you, contemporaneous notes that she made PLEDGE OF ALLEGIANCE Mr. President. regarding what President Trump told The President pro tempore led the Good morning, Senators. KEVIN MCCARTHY in the middle of the Pledge of Allegiance, as follows: Over the last several days, we have insurrection. I pledge allegiance to the Flag of the presented overwhelming evidence that We would be prepared to proceed by United States of America, and to the Repub- establishes the charges in the Article Zoom deposition of an hour or less just lic for which it stands, one nation under God, of Impeachments. We have shown you as soon as Congresswoman HERRERA indivisible, with liberty and justice for all. how President Trump created a powder BEUTLER is available and to then pro- THE JOURNAL keg, lit a match, and then continued ceed to the next phase of the trial, in- The PRESIDENT pro tempore. Sen- his incitement, even as he failed to de- cluding the introduction of that testi- ators, please be seated. fend us from the ensuing violence. mony shortly thereafter.

∑ 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 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A13FE6.000 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S718 CONGRESSIONAL RECORD — SENATE February 13, 2021 Congresswoman BEUTLER further First of all, this is the proper time back off of that because it was false. It stated that she hopes other witnesses that we were assigned to talk about was a false narrative. to this part of the story—other patri- witnesses. This is completely within But it is one Article of Impeachment. ots, as she put it—would come forward. the course of the rules set forth by the Yeah, they threw a lot of stuff in it in And if that happens, we would seek the Senate. There is nothing remotely un- violation of rule XXIII. Rule XXIII opportunity to take their depositions usual about this. says you cannot combine counts. It is a via Zoom, also for less than an hour, or I think we have done an exceedingly defect in their entire case. It is one of to subpoena other relevant documents thorough and comprehensive job with the four reasons why you can vote to as well. all the evidence that was available. acquit in this case: jurisdiction, rule Mr. Counsel VAN DER VEEN. Mr. Last night, this was breaking news, XXIII, due process, and the First President, thank you. and it responded directly to a question Amendment. They all apply in this Senators, good morning, and good that was being raised by the Presi- case. morning to the American people. dent’s defense counsel, saying that we Let me take my own advice and cool The first thing I want to say on the had not sufficiently proven to their the temperature in the room a little issue of witnesses is that the House satisfaction—although I think we have bit. manager just got up here and described proven to the satisfaction of the Amer- It is about the incitement. It is not the Articles of Impeachment and the ican people, certainly—that the Presi- about what happened afterwards. That charges. There is no plural here. That dent, after the breach and invasion is actually the irrelevant stuff. That is is wrong. There is one Article of Im- took place, was not working on the the irrelevant stuff. It is not the things peachment, and there is one charge, side of defending the Capitol but, rath- that were said from the election to and that is incitement of violence and er, was continuing to pursue his polit- January 6. It is not relevant to the insurrection. ical goals. legal analysis of the issues that are be- What you all need to know and the And the information that came out fore this body. American people need to know is, as of last night by Congresswoman BEUTLER, It doesn’t matter what happened late yesterday afternoon, there was a apparently backed up by contempora- after the insurgence into the Capitol stipulation going around that there neous notes that she had taken, I Building because that doesn’t have to weren’t going to be any witnesses. But think, will put to rest any lingering do with incitement. Incitement is—it is after what happened here in this Cham- doubts raised by the President’s coun- a point in time, folks. It is a point in ber yesterday, the House managers re- sel, who now says he wants to inter- time when the words are spoken, and alized they did not investigate this view hundreds of people. the words say, implicitly say, explic- case before bringing the impeachment. There is only one person the Presi- itly say ‘‘commit acts of violence or They did not give the proper consider- dent’s counsel really needs to inter- lawlessness.’’ And we don’t have that ation and work. They didn’t put the view, and that is their own client, and here. work in that was necessary to impeach bring him forward, as we suggested last So for the House managers to say we the former President. But if they want week, because a lot of this is matters need depositions about things that hap- to have witnesses, I am going to need that are in his head. Why did he not act pened after, it is just not true. But— at least over 100 depositions, not just 1. to defend the country after he learned but if he does, there are a lot of deposi- The real issue is incitement. They of the attack? Why was he continuing tions that need to be happening. NANCY put into their case over 100 witnesses, to press the political case? PELOSI’s deposition needs to be taken. people who have been charged with But this piece of evidence is relevant Vice President Harris’s deposition ab- crimes by the Federal Government, and to that. solutely needs to be taken, and not by each one of those, they said that Mr. Mr. Counsel VAN DER VEEN. If I Zoom. None of these depositions should Trump was a coconspirator with. That may? be done by Zoom. We didn’t do this is not true, but I have the right to de- Mr. Manager RASKIN. Finally, I hearing by Zoom. These depositions fend that. wasn’t—I was a little bit mystified by should be done in person, in my office, The only thing that I ask, if you vote the point about the Article of Impeach- in Philadelphia. That is where they for witnesses, do not handcuff me by ment, which I referred to. The derelic- should be done. limiting the number of witnesses that I tion of duty, the desertion of duty, is (Laughter.) can have. I need to do a thorough in- built into the incitement charge, obvi- I don’t know how many civil lawyers vestigation that they did not do. I need ously. are here, but that is the way it works, to do the 911-style investigation that If the President of the United States folks. When you want somebody’s depo- NANCY PELOSI called for. It should have is out inciting a violent insurrection, sition, you send a notice of deposition, been done already. It is a dereliction of he is, obviously, not doing his job at and they appear at the place where the the House managers’ duty that they the same time. Just like, if a police of- notice says. That is civil process. didn’t. ficer is mugging you, yeah, he is guilty I don’t know why you are laughing. And now, at the last minute, after a of theft and armed robbery, whatever it It is civil process. That is the way law- stipulation had apparently been might be, but he is also not doing his yers do it. We send notices of deposi- worked out, they want to go back on job as a police officer. So it is further tion. that. I think that is inappropriate and evidence of his intent and what his The PRESIDENT pro tempore. I improper. We should close this case out conduct is. would remind everybody that we will today. We have each prepared our clos- Mr. Counsel VAN DER VEEN. If I have order in the Chamber during these ing arguments. We each—I mean, I had may? proceedings. 8 days to get ready for this thing, but The PRESIDENT pro tempore. Coun- Mr. Counsel VAN DER VEEN. I we each had those 8 days equally, to- sel. haven’t laughed at any of you, and gether, to prepare ourselves. And the Mr. Counsel VAN DER VEEN. First there is nothing laughable here. He House managers need to live with the of all, it is my understanding it has mentioned my client coming in to tes- case that they brought. But if they been reported that Mr. MCCARTHY dis- tify. That is not the way it is done. If don’t, please, in all fairness and in all claims the rumors that have been the he wanted to talk to Donald Trump, he due process, do not limit my ability to basis of this morning’s antics but, real- should have put a subpoena down, like discover, discover, discover the truth. ly, the rumors that have been the basis I am going to slap subpoenas on a good That would be another sham. of this entire proceeding. number of people if witnesses are what And that is the President’s position, This entire proceeding is based on is required here for them to try to get my position. rumor, report, innuendo. There is noth- their case back in order, which has Mr. Manager RASKIN. Mr. President. ing to it, and they didn’t do their work. failed miserably for four reasons: There The PRESIDENT pro tempore. Mr. Just like what happened with Mr. is no jurisdiction here. There has been RASKIN. LEE 2 or 3 nights ago, some supposed no due process here. They have com- Mr. Manager RASKIN. Thank you, conversation that happened, and they pletely violated and ignored and Mr. President. had to withdraw that. They had to stepped on the Constitution of the

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.001 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S719 United States. They have trampled on NAYS—45 The PRESIDENT pro tempore. With- it like people who have no respect for Barrasso Fischer Paul out objection, it is so ordered. it. Blackburn Grassley Portman Mr. CASTOR. Blunt Hagerty Risch And if this is about nothing else, it Boozman Hawley Rounds Mr. Counsel CASTOR. May I be rec- has to be about the respect of our coun- Braun Hoeven Rubio ognized? try, our Constitution, and all of the Burr Hyde-Smith Scott (FL) The PRESIDENT pro tempore. Yes, Capito Inhofe Scott (SC) you are. You are recognized. people that make it up. So that I ask, Cassidy Johnson Shelby when considering or voting on this wit- Cornyn Kennedy Sullivan STIPULATION ness matter—and, to be clear, this may Cotton Lankford Thune Mr. Counsel CASTOR. Senators, Don- be the time to do it, but, again, every- Cramer Lee Tillis ald John Trump, by his counsel, is pre- Crapo Lummis Toomey body needs to know—all of the back- Cruz Marshall Tuberville pared to stipulate that if Representa- room politics, I am not so much into it Daines McConnell Wicker tive HERRERA BEUTLER were to testify all, and I am not too adept at it either. Ernst Moran Young under oath as part of these pro- But there was a stipulation. They felt Mr. SULLIVAN. Mr. President. ceedings, her testimony would be con- pretty comfortable after day 2, until The LEGISLATIVE CLERK. Mr. SUL- sistent with the statement she issued their case was tested on day 3. LIVAN. on February 12, 2021, and the former Now is the time to end this. Now is Mr. SULLIVAN. Just a point of in- President’s counsel is agreeable to the the time to hear the closing argu- quiry. There is a little confusion here. admission of that public statement ments. Now is the time to vote your Was that a vote on one witness or into evidence at this time. conscience. Thank you. many witnesses? The PRESIDENT pro tempore. The PRESIDENT pro tempore. De- The PRESIDENT pro tempore. Mr. Thank you, Mr. Castor. bate is not allowed during the vote. I RASKIN. Mr. RASKIN. advise the Senator from Alaska— Mr. Manager RASKIN. Thank you, Mr. Manager RASKIN. Thank you, Mr. SULLIVAN. It is not debate. It is Mr. President. Mr. President. a point of inquiry on what we just The managers are prepared to enter We were involved in no discussions voted on. about a stipulation, and I have no fur- The PRESIDENT pro tempore. That into the agreement. I will now read the ther comment. is not—I am advised that is not allowed statement. This is the statement of Congresswoman JAIME HERRERA Thank you, Mr. President. during the vote. BEUTLER, February 12, 2021: Mr. Counsel VAN DER VEEN. I am Mr. MARSHALL. Mr. President, going to require a deposition on that. point of order. Can you read the mo- In my January 12 statement in support of tion back to us? the article of impeachment, I referenced a The PRESIDENT pro tempore. I The PRESIDENT pro tempore. conversation House Minority Leader Kevin would remind everybody, as Chief Jus- Points of order and debate are not al- McCarthy relayed to me that he had with tice Roberts noted on January 21, 2020, lowed during the vote. That is estab- President Trump while the January 6 attack was ongoing. Here are the details: citing the trial of Charles Swain, 1905, lished Senate procedure, and we always all parties in this Chamber must re- When McCarthy finally reached the presi- follow that. dent on January 6 and asked him to publicly frain from using language that is not On the question of whether it shall be conducive to civil discourse. and forcefully call off the riot, the president in order to consider and debate, under initially repeated the falsehood that it was I listened to Chief Justice Roberts the rules of impeachment, any motion antifa that had breached the Capitol. McCar- say that. I agreed with him. And I to subpoena witnesses and documents, thy refuted that and told the president that thought, for our colleagues, I would re- the motion is agreed to by a vote of 55 these were Trump supporters. That’s when, peat it as I did last night. to 45. according to McCarthy, the president said: ‘‘Well, Kevin, I guess these people are more VOTE ON MOTION The majority leader. Mr. SCHUMER. Mr. President, I sug- upset about the election than you are.’’ So the question is, Shall it be in gest the absence of a quorum. Since I publicly announced my decision to order to consider and debate, under the The PRESIDENT pro tempore. The vote for impeachment, I have shared these Rules of Impeachment, any motion to clerk will call the roll. details in countless conversations with con- subpoena witnesses or documents? The legislative clerk proceeded to stituents and colleagues, and multiple times Mr. SCHUMER. I ask for the yeas through the media and other public forums. call the roll. I told it to the Daily News of Longview on and nays, Mr. President. The PRESIDENT pro tempore. The January 17. I’ve shared it with local county The PRESIDENT pro tempore. A re- majority leader. Republican executive board members, as well quest for the yeas and nays has been Mr. SCHUMER. Mr. President, I ask as other constituents who asked me to ex- made. unanimous consent that the order for plain my vote. I shared it with thousands of Is there a sufficient second? the quorum call be rescinded. residents on my telephone town hall on Feb- The PRESIDENT pro tempore. With- ruary 8. There appears to be a sufficient sec- out objection, it is so ordered. ond. Mr. President, I now move that the RECESS The clerk will call the roll. Senate admit the statement into evi- Mr. SCHUMER. Mr. President, as I dence. The legislative clerk called the roll. understand it, there are discussions un- The PRESIDENT pro tempore. Is The result was announced—yeas 55, derway, and so I ask unanimous con- there objection? nays 45, as follows: sent that the Senate recess until 12:30 Without objection, the statement [Rollcall Vote No. 58] p.m. will be admitted into evidence. YEAS—55 There being no objection, at 11:43 And does either party wish to make a.m., the Senate, sitting as a Court of Baldwin Hickenlooper Romney any further motions related to wit- Bennet Hirono Rosen Impeachment, recessed until 12:32 p.m.; nesses or documents at this time? Blumenthal Kaine Sanders whereupon, the Senate reassembled Mr. Counsel CASTOR. Mr. President, Booker Kelly Sasse when called to order by the President the President’s counsel have no further Brown King Schatz pro tempore. Cantwell Klobuchar motions. Schumer The PRESIDENT pro tempore. The Cardin Leahy Shaheen The PRESIDENT pro tempore. Mr. Carper ´ Senator from Maryland. Lujan Sinema RASKIN. Casey Manchin Smith Mr. CARDIN. I suggest the absence of Collins Markey Mr. Manager RASKIN. And, Mr. Stabenow a quorum. Coons Menendez President, we have no further motions Tester The PRESIDENT pro tempore. The Cortez Masto Merkley either. Duckworth Murkowski Van Hollen clerk will call the roll. Durbin Murphy Warner The senior assistant legislative clerk ADMISSION OF EVIDENCE Feinstein Murray Warnock proceeded to call the roll. The PRESIDENT pro tempore. Then Gillibrand Ossoff Warren Mr. SCHUMER. Mr. President, I ask the Chair would note that neither Graham Padilla Whitehouse Hassan Peters Wyden unanimous consent that the order for party wishes to make further motions Heinrich Reed the quorum call be rescinded. under section 6 of S. Res. 47. Therefore,

VerDate Sep 11 2014 04:31 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.003 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S720 CONGRESSIONAL RECORD — SENATE February 13, 2021 the next question is on admission of notes, refused requests to publicly, im- ther incite the insurgence against his the evidence submitted by both parties mediately, and forcefully call off the own Vice President—his own Vice pursuant to section 8 of the resolution. riots. And when he was told that the President—provides further decisive The majority leader is recognized. insurgents inside the Capitol were evidence of both his intent to start this Mr. SCHUMER. Mr. President, so Trump supporters, the President said: violent insurrection and his continued now as we move to another matter, I Well, Kevin, I guess these people are more incitement once the attack had begun am advised that the House managers upset about the election than you are. to override the Capitol. have no objection to the admission of Think about that for a second. This All right. Senators, that was in re- evidence proposed to be admitted by uncontradicted statement that has just sponse to this new evidentiary particle the former President’s counsel under been stipulated as part of the evi- that came in. the provisions of section 8 of S. Res. 47 dentiary record, the President said: MANAGERS’ CLOSING ARGUMENTS and that the President’s counsel have Well, Kevin, I guess these people— But in my closing, I want to thank no objections to the evidence proposed you for your remarkable attention and to be admitted into evidence by the Meaning the mobsters, the insurrec- tionists— your seriousness of purpose befitting House managers. your office. Pursuant to section 8 of the resolu- are more upset about the election than you are. We have offered you overwhelming tion, as agreed to by Leader MCCON- and irrefutable and certainly unrefuted That conduct is obviously part and NELL and myself a few days ago, both evidence that former President Trump parcel of the constitutional offense parties have made timely filings of this incited this insurrection against us. evidence with the Secretary of the Sen- that he was impeached for; namely, in- To quote the statement Representa- citement to insurrection; that is, con- ate and have provided copies to each tive LIZ CHENEY made in January: tinuing incitement to the insurrection. other. I, therefore, ask unanimous con- On January 6, 2021, a violent mob attacked sent that the Senate dispense with the The conduct described not only perpet- the United States Capitol to obstruct the provisions of section 8(a) of S. Res. 47; uated his continuing offense but also process of our democracy and stop the count- and that the materials submitted by provides to us here, today, further deci- ing of presidential electoral votes. This in- both parties be admitted into evidence sive evidence of his intent to incite the surrection caused injury, death and destruc- subject to the provisions of section 8(c) insurrection in the first place. tion in the most sacred space in our Repub- of that resolution, which provides that When my opposing counsel says that lic. the admission of this evidence does not you should ignore the President’s ac- She continued—Representative CHE- constitute a concession by either party tions after the insurrection began, that NEY continued: as to the truth of the matters asserted is plainly wrong, and it, of course, re- Much more will become clear in coming by the other party; and that each Sen- flects the fact that they have no de- days and weeks, but what we know now is ator shall decide for him or herself the fense to his outrageous, scandalous, enough. The President of the United States weight to be given such evidence. This and unconstitutional conduct in the summoned this mob, assembled the mob, and lit the flame of this attack. Everything that request has the approval of both par- middle of a violent assault on the Cap- itol that he incited. followed was his doing. None of this would ties and the Republican leader. have happened without the President. The The PRESIDENT pro tempore. With- Senators, think about it for a second. President could have immediately and force- out objection, it is so ordered. Say you light a fire, and you are fully intervened to stop the violence. He did CLOSING ARGUMENTS charged with arson. And the defense not. There has never been a greater betrayal Pursuant to the provisions of S. Res. counsel says: Everything I did after the by the President of the United States of his 47, the Senate has provided for up to 4 fire started is irrelevant. And the court office and his oath to the Constitution. hours in closing arguments. They will would reject that immediately and say: I will vote to impeach the President. be equally divided between the man- That is not true at all. It is extremely Representative CHENEY was right. agers on the part of the House of Rep- relevant to whether or not you com- She based her vote on the facts, on the resentatives and the counsel for the mitted the crime. If you run over and evidence, and on the Constitution. And former President. And pursuant to rule try to put out the flames, if you get the evidence—video, documentary, eye- XXII of the Rules of Procedure and lots of water and say, ‘‘Help, help, witness—has only grown stronger and Practice in the Senate When Sitting on there is a fire,’’ and you call for help, stronger and more detailed right up to Impeachment Trials, the argument a court will infer that—could infer that today, right up to 10 minutes ago, over shall be opened and closed on the part you didn’t intend for the fire to be lit the course of this Senate trial. of the House of Representatives. in the first place. They would accept And I have no doubt that you all no- The Chair recognizes Mr. Manager your defense, perhaps, that it was all ticed that, despite the various propa- RASKIN to begin the presentation on an accident. It was all an accident. Ac- ganda reels and so on, President the part of the House of Representa- cidents happen with fire. But if, on the Trump’s lawyers have said almost tives. other hand, when the fire erupts, you nothing to contest or overcome the ac- Mr. RASKIN, under rule XXII, you go and you pour more fuel on it, you tual evidence of former President may reserve time if you wish. stand by and you watch it, gleefully, Trump’s conduct that we presented, Mr. Manager RASKIN. Thank you, any reasonable person will infer that much less have they brought their cli- Mr. President. you not only intended the fire to start ent forward to tell us his side of the Members of the Senate, before I pro- but that once it got started and began story. ceed, it was suggested by defense coun- to spread, you intended to continue to We sent him a letter last week, which sel that Donald Trump’s conduct dur- keep the fire going. And that is exactly they rejected out of hand. The former ing the attack, as described in Con- where we are, my friends. President of the United States refused gresswoman Beutler’s statement, is Of course, your conduct, while a to come and tell us. And I ask any of somehow not part of the constitutional crime is ongoing, is relevant to your you: If you were charged with inciting offense for which former President culpability, both to the continuation of violent insurrection against our coun- Trump has been charged. I want to re- the offense but also directly relevant, try and you were falsely accused, ject that falsehood and that fallacy im- directly illuminating to what your pur- would you come and testify? I know I mediately. pose was originally; what was your in- would. I would be there at 7 in the After he knew that violence was un- tent? morning waiting for the doors to open. derway at the Capitol, President And any court in the land would I am sure that is true of 100 Senators in Trump took actions that further in- laugh out any—would laugh out of this room. I hope it is true of 100 Sen- cited the insurgence to be more in- court any criminal defendant who said: ators in this room. flamed and to take even more extreme, What I did after I allegedly killed that The Senate was lectured several selective, and focused action against person is irrelevant to whether or not I times yesterday about cancel culture. Vice President Mike Pence. intended to kill them. I mean, come on. Well, not even 2 weeks ago the Presi- Former President Trump also, as de- Donald Trump’s refusal not only to dent’s most reliable supporters in the scribed by Congresswoman Beutler’s send help but also to continue to fur- House—I am sorry; not the President.

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.007 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S721 The former President’s most reliable Raffensperger to find him 11,780 votes. match, sending them off to the Capitol supporters in the House tried to cancel That is all he wanted, he said, 11,780 where they thought, as they yelled out, out Representative CHENEY because of votes—don’t we all—11,780 votes, that that they had been invited by the her courageous and patriotic defense of is all he wanted to nullify Biden’s vic- President of the United States. the Republic and the truth and the tory and to win the election. And then, of course, they unleashed Constitution. Raffensperger ended up with savage unparalleled violence against our over- They tried to strip her of her leading death threats against him and his fam- whelmed and besieged but heroic police role as chair of the House Republican ily, telling him he deserved a firing officers, who you thoughtfully honored Conference. But, you know what—I squad. Another election official urged yesterday, when the officers got in hope everybody takes a second to re- Trump to cut it out or people would their way as they entered the Capitol flect on this—the conference rejected get hurt and killed, a prescient warn- at the behest of the President of the this plainly retaliatory and cowardly ing indeed. Raffensperger ended up say- United States to stop the steal. attempt to punish her for telling the ing that he and his family supported Now, I am convinced most Senators truth to her constituents and her coun- Donald Trump, gave him money, and must be convinced by this over- try in voting for impeachment. now Trump ‘‘threw us under the bus.’’ whelming and specific detail, because Who says you can’t stand up against We saw what happened in Lansing, most Americans are. But say you still bullies? Who says? In my mind, LIZ MI, with the extremist mob he cul- have your doubts; you think the Presi- CHENEY is a hero for standing up for tivated, which led to two shocking Cap- dent really thought that he was send- the truth and resisting this retaliatory itol sieges and a criminal conspiracy ing his followers to participate in a cancel culture that she was subjected by extremists to kidnap and likely as- peaceful, nonviolent rally, the kind to. But she beat them on a vote of 145 sassinate Governor Whitmer. that might have been organized by Ju- to 61, more than a 2-to-1 vote. We saw him trying to get State legis- lian Bond, who my distinguished oppos- You know, Ben Franklin, a great latures to disavow and overthrow their ing counsel brought up; Ella Baker; champion of the Enlightenment, an popular election results and replace Bob Moses; our late, beloved colleague enemy of political fanaticism and cow- them with Trump electors. We showed John Lewis, for the Student Non- ardice, and, of course, another great you the process of summoning the mob, violent Coordinating Committee. Philadelphian, once wrote this: I have reaching out, urging people to come to Maybe the President really thought observed that wrong is always growing Washington for a ‘‘wild’’ time. this was going to be like the March on more wrong until there is no bearing it As we celebrate Presidents Day on Washington organized by Bayard anymore and that right, however op- Monday, think, imagine: Is there an- Rustin and Dr. Martin Luther King, posed, comes right at last. other President in our history who who said: Comes right at last. Think about would urge supporters to come to Nonviolence is the answer to the crucial that. This is America, home of the Washington for a ‘‘wild’’ time? moral and political questions of our time. brave, land of the free—the America of You saw how he embraced the violent So let’s say you are still flirting with Ben Franklin, who said: extremist elements like the Proud the idea that Donald Trump’s conduct If you make yourself a sheep, the wolves Boys, who were told in a nationally was totally appropriate, as he pro- will eat you. televised Presidential candidate debate claimed right off the bat, and he is the Don’t make yourself a sheep. The to ‘‘stand back and stand by,’’ which innocent victim of a mass accident or wolves will eat you. became their official slogan as they catastrophe, like a fire or a flood—as The America of Thomas Jefferson, converged on Washington with other we were invited to frame it on our who said at another difficult moment: extremist and seditious groups and opening day by distinguished cocounsel A little patience, and we shall see the reign competed to be the lead storm troopers or opposing counsel—and you think of witches pass over, their spirits dissolve, of the attack on this building. maybe we are just looking for some- and the people, recovering their true sight, You saw the assembly of the mob on body to blame for this nightmare and restore their government to its true prin- January 6. And how beautiful that catastrophe that has befallen the Re- ciples. angry mob must have looked to Donald public. We are just looking for someone The America of Tom Paine, who said: Trump as he peered down from the lec- to blame. The mind once enlightened cannot again tern with the seal of the President of Well, here is the key question, then, become dark. the United States of America embla- in resolving your doubts if you are in Now, we showed you hour after hour zoned on it. that category: How did Donald Trump of realtime evidence demonstrating That crowd was filled with extrem- react when he learned of the violent every step of Donald Trump’s constitu- ists in tactical gear, armed to the teeth storming of the Capitol and the threats tional crime. We showed you how he in- and ready to fight, and other brawling to Senators, Members of the House, doctrinated the mob with his Orwellian MAGA supporters, all of them saying: and his own Vice President, as well as propaganda about how the election he Stop the steal right now. And he said the images he saw on TV of the pum- lost by more than 7 million votes and he was going to march with them to meling and beating and harassment of 306 to 232 in the electoral college— the Capitol, even though the permit for our police officers? which he had described as a landslide the rally specifically forbade a march. Did he spring into action to stop the when he won by the exact same margin But he said he would march with them, violence and save us? Did he even won- in 2016—was actually a landslide vic- giving them more comfort that what der about his own security since an tory for him being stolen away by a bi- they were doing was legitimate, it was out-of-control, anti-government mob partisan conspiracy and fraud and cor- OK. could come after him too? Did he ruption. But, of course, he stayed back, as he quickly try to get in touch with or de- We showed you how 61 courts and 88 presumably didn’t want to be too close nounce the Proud Boys, the Oath Keep- judges—Federal, State, local, trial, ap- to the action at the Capitol, as the law- ers, the rally organizers, the Save pellate—from the lowest courts in the yers called it—not an insurrection, America rally organizers, and everyone land to the United States Supreme they urged us yesterday; it is an ac- on the extreme right to tell them that Court across the street and 8 Federal tion. He didn’t want to be too close to this was not what he had in mind, it judges he himself named to the bench, the action when all hell was about to was a big mistake, call it off, call it all found no basis in fact or law for his break loose. off, call it off—as Representative GAL- outlandish and deranged inventions Now, incitement, as we have dis- LAGHER begged him to do on national and concoctions about the election. cussed, requires an inherently fact- television? In the meantime, President Trump based evidentiary inquiry, and this is No. He delighted in it. He reveled in tried to bully State-level officials to what we did. We gave you many hours it. He exalted in it. He could not under- commit a fraud on the public by lit- of specific, factual details about, to use stand why the people around him did erally ‘‘finding’’ votes. We examined Congresswoman CHENEY’s words, how not share his delight. the case study of Georgia, where he the President summoned the mob, as- And then a long period of silence en- called to threaten Republican Brad sembled the mob, incited it, lit the sued while the mob beat the daylights

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.009 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S722 CONGRESSIONAL RECORD — SENATE February 13, 2021 out of police officers and invaded this occurring; that is, the counting of the Before I go to those facts, let me building, as you saw on security foot- electoral college votes. And we all quickly just touch on a few things. age, and proceeded to hunt down Vice know what happened next. They at- First, President Trump and his counsel President Mike Pence as a traitor and tacked this building. They disrupted have resorted to arguments that the denounced and cursed Speaker PELOSI, the peaceful transfer of power. They in- evidence presented was somehow man- both of whom you heard mob members jured and killed people, convinced that ufactured or hidden from them. I want say that they wanted to kill. They they were acting on his instructions to be very clear about this because this were both in real danger, and our gov- and with his approval and protection. is important. In terms of the timing of ernment could have been thrown into And while that happened, he further when they received the materials here, absolute turmoil without the heroism incited them while failing to defend us. defense counsel had access to all mate- of our officers and the bravery and If that is not ground for conviction, if rials when they were entitled to have courage of a lot of people in this room. that is not a high crime and mis- them under S. Res. 47, and they cannot Here is what Republican Representa- demeanor against the Republic and the and have not alleged otherwise. tive ANTHONY GONZALEZ of Ohio said. United States of America, then nothing As to their desperate claim that evi- He is a former pro football player: is. dence was somehow manufactured, We are imploring the president to help, to President Trump must be convicted they have not alleged that one tweet stand up, to help defend the U.S. Capitol and for the safety and security of our de- from their client was actually inac- the United States Congress, which was under mocracy and our people. curate—nor can they. We got these attack. We are begging, essentially, and he Mr. CICILLINE. tweets—which are, of course, state- was nowhere to be found. Mr. Manager CICILLINE. Mr. Presi- ments from the former President—from ‘‘Nowhere to be found.’’ And as I have dent, distinguished Senators, as we a public archive, and they are all cor- emphasized this morning, that derelic- have demonstrated, there is over- rect. tion of duty, that desertion of duty was whelming evidence that President We also know the President’s claims central to his incitement of insurrec- Trump incited the violence and knew about evidence being manipulated also tion and inextricable from it—inex- violence was foreseeable on January 6. are untrue because they didn’t even ob- tricable, bound together. It reveals his He knew that many in the crowd were ject to the introduction of the evidence state of mind that day, what he was posed for violence at his urging and, in when they had the opportunity to do thinking as he provoked the mob to vi- fact, many in the sea of thousands in so. So I hope we can now set those olence and further violence. It shows the crowd were wearing body armor issues aside and turn to the facts of how he perpetuated his continuing of- and helmets and holding sticks and this case and really set the record fense on January 6, his course of con- flagpoles. And then he not only pro- straight about the undisputed facts in duct charged in the Article of Impeach- voked that very same crowd but aimed this case, about what the President ment as he further incited the mob them at the Capitol. He literally point- knew that day and when he knew it. during the attack, aiming it at Vice ed at this building, at us, during his At the outset, let me say this. As you President Mike Pence himself, while speech. He pointed to the building may recall, in direct response to a failing to quell it in either of his roles where Congress was going to certify question yesterday, President Trump’s as Commander in Chief or his real role the election results and where he knew counsel stated, and I quote: that day: ‘‘inciter in chief.’’ the Vice President himself was pre- At no point was the President informed the And it powerfully demonstrates that siding over the process. Vice President was in any danger. the ex-President knew, of course, that No one is suggesting that President violence was foreseeable, that it was Trump intended every detail of what As we walk through these undisputed predictable and predicted that day happened on January 6, but when he di- facts, you will see, quite clearly, that since he was not surprised and not hor- rected the sea of thousands before is simply not true. rified. No. He was delighted. And him—who, reportedly, were ready to As you can see here, from just after through his acts of omission and com- engage in real violence—when he told 12 p.m. to just before 2 p.m., President mission that day, he abused his office that crowd to fight like hell, he incited Trump delivered his statements at the by siding with the insurrectionists at violence targeted at the Capitol, and he rally, which incited an initial wave of almost every point, rather than with most certainly foresaw it. My col- protesters coming down to the Capitol, the Congress of the United States, league, Manager DEAN, will stand up and his speech was still ongoing, and rather than with the Constitution. after and walk you through the over- you saw the evidence of people broad- In just a moment, my colleague Mr. whelming evidence that supports those casting that on their phones. CICILLINE will address President claims. He finished his speech at 11:11 p.m., Trump’s conduct, his actions and inac- I want to start, though, by talking at which point a much larger wave tions, his culpable state of mind during about what happened after that. There surged toward us here at the Capitol, the attack, as he will establish yester- was a lot of discussion yesterday about ripping down scaffolding and triggering day’s explosive revelations about what the President knew and when he calls for law enforcement assistance. House Minority Leader KEVIN MCCAR- knew it. There are certain things that Thirty minutes later, at 1:49 p.m., as THY’s desperate call to Trump—and we do not know about what the Presi- the violence intensified, President Trump’s truly astounding reaction— dent did that day, because the Presi- Trump tweeted a video of his remarks confirming that Trump was doing dent—that is, former President at the rally with the caption: nothing to help the people in this room Trump—has remained silent about Our country has had enough, we will not or this building. what he was doing during one of the take it anymore, and that’s what this is all It is now clear beyond a doubt that bloodiest attacks on our Capitol since about. Trump supported the actions of the 1812. During the half-hour following that mob, and so he must be convicted. It is Despite a full and fair opportunity to tweet, the situation here drastically that simple. come forward, he has refused to come deteriorated. Insurrectionists breached When he took the stage on January 6, and tell his story. As Manager RASKIN the Capitol barriers, then its steps, he knew exactly how combustible the said, we would all do that. In fact, I then the complex itself. situation was. He knew there were would insist on it. If I were accused of By 2:12, the insurrectionist mob had many people in the crowd who were a grave and serious crime that I was in- overwhelmed the police and started ready to jump into action, to engage in nocent of, I would demand the right to their violent attack on the Capitol. violence at any signal that he needed tell my side of the story. President And as you all know, this attack oc- them to fight like hell to stop the Trump declined. curred and played out on live tele- steal. And that is exactly what he told But there are certain facts that are vision. Every major network was show- them to do. undisputed, that we know to be true ing it. We have shown you, during the Then he aimed them straight here, despite the President’s refusal to tes- course of this trial, side-by-side ex- right down Pennsylvania, at the Cap- tify; which is, counsel either ignored actly what the President would have itol, where he told them the steal was entirely or didn’t and couldn’t dispute. seen on TV or his Twitter account.

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.010 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S723 We have also shown you that he for his safety, President Trump decided those questions too. There can be no would have seen around 2:12 p.m. im- to attack his own Vice President on dispute. He took none of those steps, ages of Vice President Pence being Twitter. not a single one. rushed off the Senate floor. I won’t re- The undisputed facts confirmed that Even after learning that Senators play all of that for you, but for timing not only must President Trump have were being evacuated and that Vice purposes, here is the footage reacting been aware of the Vice President’s dan- President Pence had also been evacu- to Vice President Pence leaving the ger but he still sent out a tweet at- ated, he did nothing to help the Vice floor. tacking him, further inciting the very President. (Text of video presentation.) mob that was in just a few feet of him, And here is some more evidence that Unidentified Speaker. No audio. They just inside of this very building. we have since learned. At some point cut out. It looks—and sometimes the Senate. The Vice President was there with over the following 30 minutes, Presi- Unidentified Speaker. It seemed like they his family, who was in danger for his dent Trump spoke to Minority Leader just ushered Mike Pence out really quickly. life. They were chanting, ‘‘Hang Mike KEVIN MCCARTHY. And as Representa- Unidentified Speaker. Yes, they did. That tive JAIME HERRERA BEUTLER has re- is exactly what just happened there. Pence,’’ and had erected a noose out- side. vealed—evidence that now has been Unidentified Speaker. They ushered Mike stipulated as part of the evidentiary Pence out. They moved him fast. There And as we have shown, the mob re- was—I saw the motions too. sponded to President Trump’s attack record—in that conversation, KEVIN MCCARTHY is pleading with the former Defense counsel seems to suggest instantly. The tweet was read allowed on a bullhorn, if you remember that President to do something. He first that somehow the President of the tries to assign the blame to another United States was not aware of this; video. Insurrectionists began chanting again about Mike Pence. group, and Leader MCCARTHY says: No, that the President had no idea that his these are your supporters, Mr. Presi- Vice President had been evacuated And in those critical moments, we see President Trump engaging in a dent. from the Senate floor for his safety be- What does the President say in re- dereliction of his duty by further incit- cause violent rioters had broken into sponse? Not ‘‘I’ll send people right ing the mob, in real-time, to target the the Capitol with thousands more com- away; I didn’t realize you were in dan- Vice President, with knowledge that ing and with the Capitol Police com- ger.’’ He says: the insurrection was ongoing. And that pletely overwhelmed. Well, Kevin— This was on live television. is, of course, included in the conduct And I quote. I quote: So defense counsel is suggesting that charged in this Article of Impeach- the President of the United States ment. Well, Kevin, I guess these people are more The former President’s counsel’s sug- upset about the election than you are. knew less about this than the Amer- I guess these people are more upset about ican people—this is just not possible— gestion otherwise is completely wrong. the election than you are. that the Secret Service failed to men- His further incitement is impeachable The President, just as he conveyed in tion that his Vice President was being conduct that continued during the that tweet at 6:01, was essentially say- rushed from the Senate for his own course of this assault itself, and it is ing: You got what you deserve. Let me protection, but nobody in the White part of a constitutional crime and was say that again. Not only was the Presi- House thought to alert him; that none entirely and completely a part of his dent fully aware of the Vice President’s of our law enforcement agencies raised indefensible failure to attack the Con- situation and the situation that we a concern to the Commander in Chief gress. were all in, when he was asked for help, There has been some confusion as to that the Vice President was being evac- when he was asked to defend the Cap- the phone call I referenced with Sen- uated from the Senate floor as a vio- itol less than 30 minutes after inciting ator LEE. So I want to be clear about lent mob assaulted the Capitol. It sim- this violence against his own Vice certain facts that are not in dispute. ply cannot be. And with each passing President, President Trump refused First, Senator LEE has confirmed that minute on the timeline of events on that request for assistance, and he told the call occurred at 2:26 p.m. So I added January 6, it grows more and more in- us why—his singular focus: stopping that to the timeline above. conceivable. the certification of the election of his Remember, by this phone call, the Let’s continue forward in time. opponent. Between 2:12 to 2:24, the Senate re- Vice President has just been evacuated He incited the violence to stop the cessed. Speaker NANCY PELOSI was ush- on live television for his own safety. certification. He attacked the Vice ered off the floor. The Capitol Police And Donald Trump had, after that, President and further incited the insur- announced a breach and a lockdown, tweeted an attack on him, which the rection to pressure the Vice President and the insurrectionist mob began insurgents read on a bullhorn. And a to stop the certification of the elec- chanting: ‘‘Hang Mike Pence.’’ And it few minutes after Donald Trump’s tion. He called Senator TUBERVILLE to was unfolding on live TV in front of the tweet, he didn’t reach out to check on stop the certification, and he refused to entire world. the Vice President’s safety. (Text de- send help to Congress. This Congress So, again, let me ask you: Does it leted.) The call was interrupted. Sen- and the Vice President of the United strike you as credible that nobody, not ator TUBERVILLE has since explained, States were in mortal danger because a single person, informed the President and I quote: he wanted to stop the certification. He that his Vice President had been evacu- I looked at the phone and it said the White did these things—attacking the Vice ated or that the President didn’t House on it, [and] I said hello, the President President, calling Senator TUBERVILLE, said a few words. I said ‘‘Mr. President glance at the television or his Twitter refusing Senator MCCARTHY’s request— they’re taking the Vice President out and account and learn about the events with full knowledge of the violent at- that were happening? they want me to get off the phone and I’ve got to go.’’ tack that was underway at that point. Remember, this was the day of the He chose retaining his own power over That was his second evacuation that electoral college. Remember his obses- the safety of Americans. I can’t imag- day. A minute later, live feeds docu- sion with stopping the certification. It ine more damning evidence of his state mented the insurgents chanting: is just not credible that the President of mind. at no point knew his Vice President Mike Pence is a traitor. The call ended with a screaming was in this building and was in real At this point, even if somehow he had match interrupted by violent rioters danger. missed it earlier, it is inconceivable breaking through the windows of Rep- Senators, I submit to you these facts, that the President—the former Presi- resentative MCCARTHY’s office. this timeline is undisputed. At 2:24 dent—was unaware that the Vice Presi- Senators, the President knew this p.m., after rioters breached the bar- dent was in danger. And what does the was happening. He didn’t do anything riers, after calls for assistance, after ri- President do after hearing that? Does to help his Vice President or any of oters stormed the building, after Vice he rush to secure the Capitol? Does he you or any of the brave officers and President Pence was rushed from the do anything to quell the mob? Does he other employees serving the American Senate floor, and just before Vice call his Vice President to check on his people that day. His sole focus was President Pence was further evacuated safety? We all know the answers to stealing the election for himself.

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.011 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S724 CONGRESSIONAL RECORD — SENATE February 13, 2021 He apparently has still not thought praised the mob to Leader MCCARTHY The senior assistant legislative clerk of anyone else. (Text deleted.) as more loyal to him, more upset about proceeded to call the roll. Mr. Counsel VAN DER VEEN. Objec- the election. That was all that Mr. LEE. Mr. President, I ask unani- tion. This is not in evidence. Objection. mattered. His reaction is also further mous consent to suspend the quorum This is not in evidence. evidence of his intent. He acted exactly call. If you wanted a stipulation to this— the way a person would act if they had The PRESIDENT pro tempore. Is The PRESIDENT pro tempore. The indeed incited the mob to violence to there objection? Objection is heard. counsel will sit down. stop the steal. Mr. SCHUMER. Mr. President, I ask Mr. Manager CICILLINE. Senators, Moreover, as I have shown, President unanimous consent that the order for remember— Trump’s dereliction and desertion of the quorum call be rescinded. The PRESIDENT pro tempore. The duty includes his decision to further The PRESIDENT pro tempore. With- Chair has no way of knowing whether incite the mob even as he failed to pro- out objection, it is so ordered. the evidence is admitted into evidence tect us. While the mob hunted Vice The Senator from Utah. or not. The counsel for the President President Pence in these very halls, he Mr. LEE. Mr. President, I withdraw will have the chance to speak, and the attacked Vice President Pence. While my appeal. Chair will consider the issue. he tried to stop the steal, he spread the The PRESIDENT pro tempore. The Mr. Manager CICILLINE. Senators, big lie. We all saw how his mob re- appeal is withdrawn. remember, as one of you said, during sponded in real time. This further in- The Chair would advise everybody this attack, they could have killed us citement was part of his dereliction of that the evidentiary record is closed. S. all—our staff, the officers protecting duty. It was also part of his course of Res. 47 described the scope of those all of us, everyone. conduct encouraging and provoking the things not admitted into evidence as President Trump not only incited it mob to violence. those referenced at trial. New evidence but continued inciting it as it occurred President Trump’s dereliction of is not permitted in closing argument. with attacks on his Vice President and duty also highlights how foreseeable References to such new evidence will then willfully refused to defend us, fur- the attack was to him. In his tweet be stricken. thering his provocation and incitement just after 6 p.m., he said: Who seeks recognition? by the mob, siding with the mob, siding These are the things and events that hap- The House managers have the floor if with the violent insurrectionists, pen when a sacred landslide election victory they wish to resume. criminals who killed and injured police is so unceremoniously & viciously stripped The House managers. officers sworn to protect us, because away from great patriots who have been Ms. Manager DEAN. Mr. President, they were ‘‘more upset about the elec- badly & unfairly treated for so long. esteemed Senators, good afternoon. tion’’ than Leader MCCARTHY. This tweet continued his endorse- We are grateful for your kind atten- Those facts are undisputed. President ment of the attack, his failure to con- tion this week as we engaged in a proc- Trump has not offered any evidence or demn it, his desertion of duty, but it ess formulated and put to paper by the any argument to disprove them. His also reveals his view this was of course Founders in my home city of Philadel- lawyers almost entirely ignored these what would happen when Congress re- phia, which is getting its fair share of facts in their short presentation. We fused his demand to reject the election attention this week, in 1787—234 years have only his counsel’s false claim yes- that he continued to tell his supporters ago. terday that ‘‘at no point was the Presi- was stolen and he had actually won in My colleague Mr. CICILLINE addressed dent informed that the Vice President a landslide. Again, he wasn’t surprised. the importance of the President’s dere- was in any danger,’’ a claim that is re- He saw this as a predictable result of liction of duty. I will focus on three futed not just by common sense but by his repeated demands that his followers specific aspects of this case which the the timeline you have seen and also the stop the steal by any means possible. defense has raised questions about. Vice President’s legal team. This was all connected. His derelic- First, the defense suggests that this So there can be no doubt, at the mo- tion of duty, his desertion of duty was was just one speech and one speech ment we most needed a President to part and parcel of the crime charged in cannot incite insurrection, and the de- preserve, protect, and defend us, Presi- the impeachment, and it is certainly a fense suggested, because the attack dent Trump instead willfully betrayed basis on which to vote for conviction. was preplanned by some insurrection- us. He violated his oath. He left all of If you believe that he willfully refused ists, Donald Trump is somehow not us and officers like Eugene Goodman to to defend us and the law enforcement culpable. Both of these things are, our own devices against an attack he officers fighting to save us and that he mainly, not true nor are they what we had incited and he alone could stop. was delighted by the attack and that allege. That is why he must be convicted. he saw it as a natural result of his call So let’s be clear. We are not sug- I would like to conclude by making to stop the steal and that he continued gesting that Donald Trump’s January 6 one final point that follows directly to incite and target violence as the at- speech by itself incited the attack. We from what I discussed. Our case and the tack unfolded, we respectfully submit have shown that his course of conduct Article of Impeachment before you ab- you must vote to convict and dis- leading up to and including that speech solutely includes President Trump’s qualify so that the events on January 6 incited the attack. The defense is cor- dereliction of duty on January 6, his can never happen again in this coun- rect that the insurrection was failure as ‘‘inciter in chief’’ to imme- try. preplanned. That supports our point. diately quell or call off the mob, his Mr. House Manager RASKIN. I would We argue and the evidence overwhelm- failure as Commander in Chief to im- like to call up Ms. DEAN. ingly confirms that Donald Trump’s mediately do everything in his power Mr. LEE. Mr. President, I have a conduct over many months incited his to secure the Capitol. That is a further point of order. supporters to believe, one, his big lie, basis on which to convict, and there Mr. President, moments ago, House that the only way he could lose was if can be no doubt of that. The ongoing Manager CICILLINE— the election were rigged; two, that, to constitutional misconduct is like any The PRESIDENT pro tempore. The ensure the election would not be stolen continuing offense, and the proof of Senator will withhold. I am advised by to prevent the fraud, they had to stop that is overwhelming. the Parliamentarian that debate is not the steal; and, three, they had to fight Most directly, his dereliction of duty in order. to stop the steal or they would not offers conclusive, irrefutable evidence Mr. LEE. I appeal the ruling of the have a country anymore. that he acted willfully, as we charge. Chair that debate is not in order. This conduct took time, and it cul- He wasn’t furious or sad or shocked, Mr. SCHUMER. I suggest the absence minated in Donald Trump’s sending a like virtually everyone else in Amer- of a quorum. ‘‘save the date’’ on December 19, 18 ica. He was reported by those around Mr. LEE. There is clearly a quorum. days before the attack, telling his base him as ‘‘delighted.’’ Rather than rush The PRESIDENT pro tempore. A exactly when, where, and who to fight. to our aid or demand his mob retreat, quorum has been suggested, and the While he was doing this, he spent $50 he watched the attack on TV and clerk will call the roll. million from his legal defense fund to

VerDate Sep 11 2014 04:31 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.013 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S725 simultaneously broadcast his message President TRUMP. You can’t let another by an official or a politician fighting to ‘‘stop the steal’’ over all major net- person steal that election from you. All over for a cause; this was months of culti- works. Donald Trump invited them; he the country, people are together in holding vating a base of people who were vio- up signs: ‘‘Stop the steal.’’ incited them; then he directed them. President TRUMP. If we don’t root out the lent, praising that violence, and then Here are a few clips that will help fraud—the tremendous and horrible fraud— leading them—leading that violence, bring that story to light. that has taken place in our 2020 election, we that rage straight to a joint session of (Video presentation of 7–19–2020.) don’t have a country anymore. Congress, where he knew his Vice The big lie. (Text of video presentation of 12–22– President was presiding. (Text of video presentation of 7–19– 2020.) And Donald Trump had warnings 2020.) President TRUMP. We cannot allow a com- about the crowd in front of him on Jan- Mr. Wallace. Can you give a direct answer pletely fraudulent election to stand. uary 6. There were detailed posts on- you will accept the election? (Text of video presentations of 1–4- line of attack plans. Law enforcement President TRUMP. I have to see. Look, I 2021.) warned that these posts were real have to see. No, I’m not going to just say President TRUMP. We’re going to fight threats and even made arrests in the yes. like hell, I’ll tell you right now. days leading up to the attack. There (Text of video presentation of 7–30– (People chanting: ‘‘Yeah.’’) were credible reports that many would 2020.) President TRUMP. If you don’t fight to be armed and ready to attack the Cap- President TRUMP. This election will be save your country with everything you have, itol. the most rigged election in history. you’re not going to have a country left. Despite these credible warnings of se- President TRUMP. We will not bend. We (Text of video presentation of 7–31– will not break. We will not yield. We will rious, dangerous threats to our Capitol, 2020.) never give in. We will never give up. We will when the crowd was standing in front President TRUMP. This is going to be the never back down. We will never ever sur- of the President, ready to take orders greatest election disaster in history. render. and attack, he said: (Text of video presentation of 8–24– (Text of video presentations of 1–6- We’re going to the Capitol. 2020.) 2021.) And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have President TRUMP. The only way they can President TRUMP. All of us here today do a country anymore. take this election away from us is if this is not want to see our election victory stolen. a rigged election. We’re going to win this We will never give up. We will never concede. Here is a short clip. election. It doesn’t happen. You don’t concede when (Text of video presentation of 9–29– 2020.) (Text of video presentation of 9–12– there’s theft involved. (People chanting: ‘‘Yeah.’’) 2020.) President TRUMP. What do you want to President TRUMP. And to use a favorite call them? Give me a name. Give me a name. President TRUMP. It’s a rigged election. term that all of you people really came up Who would you like me to condemn? Who That’s the only way we are going to lose. with: We will stop the steal. would you like me to condemn? (Text of video presentation of 9–23– President TRUMP. Because you’ll never Mr. Wallace. White supremacists and— 2020.) take back our country with weakness. You President TRUMP. Proud Boys? Stand have to show strength, and you have to be back and stand by. Unidentified Speaker. Do you commit to strong. making sure that there’s a peaceful transfer President TRUMP. Make no mistake, this (Video presentation of 10–31–2020.) of power? election was stolen from you, from me, from (Text of video presentation of 11–1- President TRUMP. Get rid of the ballots, the country. 2020.) and you’ll have a very trans-—you’ll have a And we fight. We fight like hell, and if you President TRUMP. It is something. Do you very peaceful—there won’t be a transfer, don’t fight like hell, you’re not going to have see the way our people, they—you know, frankly. There’ll be a continuation. a country anymore. they were protecting his bus yesterday be- (Text of video presentation of 9–25– Our point is this: This was not one cause they are nice. So his bus—they had 2020.) speech. This was a deliberate, purpose- hundreds of cars: Trump, Trump. Trump and President TRUMP. That’s the only way ful effort by Donald Trump, over many the American flag. That’s what—you see Trump and American flag. we’re going—that’s the only way we’re going months, that resulted in the well-orga- to lose is if there’s mischief, mischief, and nized mob attack on January 6. (Text of video presentation of 12–12– it’ll have to be on a big scale, so be careful. That brings me to my second point, 2020.) (Text of video presentation of 10–8- the violence. At the first Million MAGA March we prom- 2020.) Defense counsel argues that there is ised that if the GOP would not do everything President TRUMP. But this will be one of no way that Donald Trump could have in their power to keep Trump in office, that we would destroy the GOP. And as we gather the greatest fraudulent—most fraudulent known what would happen. Yet we are elections ever. here in Washington, DC, for a second Million not suggesting nor is it necessary for MAGA March, we are done making promises. (Text of video presentation of 10–26– us to prove that Donald Trump knew It has to happen now. We are going to de- 2020.) every detail of what would unfold on stroy the GOP. President TRUMP. I’m not going to let January 6 or even how horrible and (People chanting: ‘‘Destroy the GOP.’’) this election be taken away from us. That’s deadly the attack would become, but (Text of video presentation of 1–6- the only way they’re going to win it. he did know, as he looked out on that 2021.) (Text of video presentation of 11–4- sea of thousands in front of him—some President TRUMP. Because you’ll never 2020.) wearing body armor and helmets, oth- take back our country with weakness. You President TRUMP. This is a fraud on the ers carrying weapons—that the result have to show strength and you have to be American public. would be violence. The evidence over- strong. (People chanting: ‘‘Yeah.’’) whelmingly demonstrates this. (Video presentation of 1–6-2021.) This is an embarrassment to our country. A few points on this. Senators, the violence on January 6 (People chanting: ‘‘Yeah.’’) We were getting ready to win this election. Donald Trump knew the people he was demonstrably foreseeable. Trump Frankly, we did win this election. was inciting leading up to January 6. even said so himself at 6:01 p.m. the (People chanting: ‘‘Yeah.’’) He saw the violence they were capable day of the attack. The last thing he (Text of video presentation of 11–5- of. He had a pattern and practice of said before he went to sleep, ‘‘These are 2020.) praising and encouraging supporters of the things that happen.’’ He foresaw President TRUMP. We were winning in all violence, never condemning it. this, and he admitted as much. the key locations by a lot, actually, and then It is not a coincidence that those That brings me to my final point, the our numbers started miraculously getting same people—the Proud Boys, the orga- insurrectionists. whittled away in secret, and this is a case nizer of the Trump caravan, the sup- Defense counsel has suggested these where they’re trying to steal an election. porters and speakers at the second Mil- people came here on their own. The de- They’re trying to rig an election, and we lion MAGA March—all showed up on fense brief states that the insurrection- can’t let that happen. January 6. ists ‘‘did so [for] their own accord and (Text of video presentations of 12–2- And Donald Trump’s behavior was for their own reasons and are being 2020.) different. This was not just a comment criminally prosecuted.’’

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.014 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S726 CONGRESSIONAL RECORD — SENATE February 13, 2021 It is true that some insurrectionists permitted in closing arguments. Ref- Senators, the insurrectionists are are being prosecuted, but it is not true erences to such new evidence will be still listening. that they did so of their own accord stricken. Before I end, I must admit, until we and for their own reasons. The evidence Who yields time? were preparing for this trial, I didn’t makes clear the exact opposite—that Ms. Manager DEAN. Mr. President, know the extent of many of these facts. they did this for Donald Trump at his the statement was in evidence; the I witnessed the horror, but I didn’t invitation, at his direction, at his com- slide was not, so we will withdraw the know. I didn’t know how deliberate the mand. They said this before the attack, slide, but the statement was in evi- President’s planning was, how he had during the attack. They said it after dence. invested in it, how many times he in- the attack. They told you themselves they were cited his supporters with these lies, Leading up to January 6, in post following the President’s orders, and how carefully and consistently he in- after post, the President’s supporters you will see something clearly—Donald cited them to violence on January 6. confirmed this was for Donald Trump; Trump knew who these people were. While many of us may have tuned it was at his direction. As the slide shows, the people he cul- out his rallies, I also did not know the One supporter wrote: tivated, whose violence he praised, extent that his followers were listen- If Congress illegally [certified] Biden, . . . were all there on January 6—the Proud ing, were hanging on his every word, Trump would have absolutely no choice but Boys, who Donald Trump told to and honestly, I did not know how close to demand us to storm the Capitol and kill/ ‘‘stand back and stand by’’ in Sep- the mob actually came to their violent beat them up for it. tember of 2020; Keith Lee, organizer of end, that they were just steps away They even say publicly, openly, and the Trump caravan that tried to drive from all of us, that the death toll could proudly that President Trump would the Biden campaign bus off the road; have been much higher but for the help them commandeer the National Katrina Pierson, the speaker at the bravery of men and women who protect Guard so all they have to do is over- second Million MAGA March—they us. whelm 2,000 Capitol Police officers. were all there. But now we know. We know the brav- During his speech on January 6, The video you are about to see is in ery of people like Officer Goodman and Trump supporters chanted his words the RECORD. all the men and women of the Capitol back to him. They even live-tweeted Oh, correction. The RECORD did in- Police, of the custodians who with his commands, as Ms. DEGETTE showed clude, appropriately, the last video, so pride and a sense of duty in their work you. we will keep that in the RECORD, and I cleaned up shattered glass, splintered During the attack, the insurrection- will keep it in my closing remarks. wood, and blood-stained floors. We ists at the Capitol changed Donald The PRESIDENT pro tempore. Sen- know the sacrifice of life and limb. Trump’s words from his tweets, rallies, ators will take their seats. The Senate We know what Donald Trump did. We and from the speech of the 6th. will be in order. know what he failed to do. Though it is They held signs that said—and The Representative may continue. difficult to bear witness and face the chanted—‘‘Fight for Trump.’’ ‘‘Stop Ms. Manager DEAN. Thank you, Mr. reality of what happened in these halls, the steal.’’ President. what happens if we don’t confront They read his tweets over bullhorns, I have to say, that of all the trials I these facts? What happens if there is no amplifying his demands. have ever been a part of, this is cer- accountability? Another rioter, while live-streaming tainly one of them. For those who say we need to get the insurrection from the Capitol, said: As the slides show, the people he cul- past this, we need to come together, we He’ll be happy. We’re fighting for Trump. tivated, whose violence he praised, need to unify, if we don’t set this right were all there on January 6—the Proud What is more, the insurrectionists and call it what it was—the highest Boys, who Donald Trump told to were not hiding. They believed they constitutional crime by the President ‘‘stand back and stand by’’ in Sep- were following the orders from our of the United States—the past will not tember of 2020; Keith Lee, the organizer Commander in Chief. They felt secure be past. The past will become our fu- of the Trump caravan that tried to enough in the legitimacy of their ac- ture for my grandchildren and for their drive the Biden campaign bus off the tions to take selfies, to post photos and children. road; Katrina Pierson, the speaker at videos on social media. Senators, we are in a dialogue with the second Million MAGA March—they After the attack, rioter after rioter history, a conversation with our past were all there. confirmed this too. with a hope for our future. Two hun- Here is one final clip, also submitted Jenna Ryan, who was later accused dred and thirty-four years from now, it in the RECORD. for her role in the insurrection, said: may be that no one person here among (Video presentation of 1–6-2021.) us is remembered. Yet, what we do I thought I was following my President. I Senators, some of the insurrection- thought we were following what we were here, what is being asked of each of us called to do. ists are facing criminal charges. Don- here in this moment, will be remem- President Trump requested that we be in ald Trump was acting as our Com- bered. History has found us. I ask that DC on the 6th. mander in Chief; he was our President. you not look the other way. When it became clear that Donald He used his office and the authority it Mr. Manager RASKIN. I would now Trump would not protect them, some commands to incite an attack, and like to bring up Mr. NEGUSE. of his supporters said they felt when Congress and the Constitution Mr. Manager NEGUSE. Mr. Presi- ‘‘duped’’; they felt ‘‘tricked.’’ were under attack, he abandoned his dent, distinguished Senators, there is Listen to some of this evidence. duties, violated his oath, failing to pre- an old quote from Henry Clay, a son of (Text of video presentation of 1–6- serve, protect, and defend. Kentucky, that ‘‘courtesies of a small 2021.) That is why we are here—because the and trivial character are the ones President of the United States, Donald Ms. Pierson. And even if they think for a [that] strike deepest in the grateful second that they’re going to get away with J. Trump, incited and directed thou- and appreciating heart.’’ this today, they got another thing coming sands of people to attack the legisla- I want to say on behalf of all the because today is just a day, and today is just tive branch. He knew what his sup- House managers that we are very the beginning. They haven’t seen a resist- porters were capable of. He inflamed grateful for the courtesies that you ance until they have seen a patriot fight for them, sent them down Pennsylvania have extended to us and the President’s their country. If you die today— Avenue, not on any old day but on the counsel during the course of this trial. The PRESIDENT pro tempore. The day we were certifying the election re- You have heard my colleague Man- parties will withhold. The parties will sults. As they were banging on our ager DEAN go through the over- withhold. doors, he failed to defend us because whelming evidence that makes clear The evidentiary record is closed. this is what he wanted. He wanted to that President Trump must be con- S. Res. 27 describes the scope of those remain in power. For that crime victed and disqualified for his high things admitted into evidence as those against the Republic, he must be held crime. I am not going to repeat that referenced in trial. New evidence is not accountable. evidence; it speaks for itself.

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.016 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S727 Earlier in this trial, you might recall House, and the Senate does the same where I stand. In 1964, this body, with a few days ago that I mentioned my ex- for the trial. the help of Senators like John Sher- pectation that President Trump’s law- During this trial, the President has man Cooper and so many others, this yers might do everything they could to counsel. They have argued very vigor- body secured passage of the Civil avoid discussing the facts of this case, ously on his behalf. We had a full pres- Rights Act. We made the decision to and I can understand why. I mean, the entation of evidence, adversarial pres- enter World War II from this Chamber. evidence that all of us presented, that entations, motions. The President was We have certainly had our struggles, Manager DEAN has summarized, is pret- invited to testify. He declined. The but we have always risen to the occa- ty devastating. So rather than address President was invited to provide excul- sion when it mattered the most, not by it, the President has offered up distrac- patory evidence. He declined. You can’t ignoring injustice or cowering to bul- tions, excuses, anything but actually claim there is no due process when you lies and threats but by doing the right trying to defend against the facts. won’t participate in the process. thing, by trying to do the right thing, They said things like President And we know this case isn’t one that and that is why so many nations Trump is now a private citizen, so the requires a complicated legal analysis. around the world aspire to be like criminal justice system can deal with You all—you lived it. The managers America. They stand up to dictators it, or that we haven’t set a clear stand- and I, we lived it. Our country lived it. and autocrats and tyrants because ard for incitement—we talked a lot The President, in public view, right out America is a guiding light for them, a about due process—and that all politi- in the open, incited a violent mob, a North Star. They do so, they look to us cians say words like ‘‘fight.’’ mob that temporarily, at least, stopped because we have been a guiding light, a I would like to take a minute to ex- us from certifying an election. If there North Star in these moments because plain why each of those distractions were ever an exigent circumstance, the people who sat in your chairs, when are precisely that—distractions—and this is it. confronted with choices that define us, why they do not prevent in any way No. 4, we all know that President rose to the occasion. this Senate from convicting President Trump’s defense, as we predicted, spent I want to offer one more example of Trump. a lot of time—all the time comparing a decision made in this room by this No. 1, every President is one day a his conduct to other politicians using body that resonated with me. The first private citizen, so the argument that words like ‘‘fight.’’ Of course, you saw day I stood up in this trial, I men- because President Trump has left of- the hours of video. As I said on Thurs- tioned that I was the son of immi- fice, he shouldn’t be impeached for con- day, we trust you to know the dif- grants, like many of you, and many duct committed while he was in office ference because what you will not find Senators graciously approached me doesn’t make sense. I mean, why would in those video montages that they after my presentation and asked me the Constitution include the impeach- showed you is any of those speeches, where my parents were from, and I told ment power at all if the criminal jus- those remarks culminating in a violent folks who asked that my folks were tice system serves as a suitable alter- insurrection on our Nation’s Capitol. from East Africa. In 1986, this body considered a bill to native once a President leaves office? That is the difference. override President Reagan’s veto of It wouldn’t. The President spent months inflam- Impeachment is a remedy separate ing his supporters to believe that the legislation opposing sanctions on and apart from the criminal justice election had been stolen from him, South Africa during apartheid. Two system, and for good reason. The Presi- from them, which was not true. He Senators who are sitting in this room, one Democrat and one Republican, dency comes with special powers, ex- summoned the mob, assembled the voted to override that veto. traordinary powers not bestowed on or- mob, and when the violence erupted, he That vote was not about gaining po- dinary citizens, and if those powers are did nothing to stop it; instead, inciting litical favor. In fact, it was made de- abused, they can cause great damage to it further. spite potentially losing political favor. Senators, all of these arguments of- our country, and they have to be dealt And I have to imagine that that vote fered by the President have one funda- with in a separate forum, this forum. was cast, like the decisions before it, It would be unwise to suggest that, mental thing in common—one. They because there are moments that tran- going forward, the only appropriate re- have nothing to do with whether or scend party politics and that require us sponse to constitutional offenses com- not—factually, whether or not the to put country above our party because mitted by a President are criminal President incited this attack. They the consequences of not doing so are charges when the President returns to have given you a lot of distractions so just too great. Senators, this is one of private life. That is not the kind of po- they don’t have to defend what hap- those moments. litical system any of us want, and it is pened here on that terrible day, and Many folks who are watching today’s not the kind of constitutional system they do that because they believe those proceedings may not know this, but the Framers intended. distractions are going to work, that House Members like me, Manager Second, it is true we have not cited you will ignore the President’s conduct RASKIN, and fellow managers, we are criminal statutes establishing ele- instead of confronting it. not allowed on the Senate floor with- ments of incitement because, again, I think they are wrong. Some of you out express permission. No one is. Cer- this isn’t a criminal trial. It is not a know this already. I am the youngest tainly, the Senators are aware of that. criminal case. President Trump is member of our manager team by quite This floor is sacred. It is one of the charged with a constitutional offense, a few years, so perhaps I am a bit reasons why I, like so many of you, and you are tasked with determining naive, but I just don’t believe that. I were so offended to see it desecrated by whether or not he committed that high really don’t. I don’t believe their effort that mob and to see those insurrection- crime as understood by our Framers. is going to work, and here is why: be- ists diminishing it and devaluing it and So the relevant question, which cause I know what this body is capable disrespecting these hallowed Halls that President Trump’s lawyers would have of. my whole life I held in such awe. you ignore, is, Would our Framers have I may not have witnessed it, but I Because of those rules that I just considered a President inciting a vio- have read about it in the history mentioned, this will be the only time I lent mob to attack our government books. I have seen the C–SPAN footage, have the privilege to stand before you while seeking to stop the certification archives, sometimes have watched like this. When the trial is over, I will of our elections—would they have con- them for hours—yes, I have actually go back to being not impeachment sidered that an impeachable offense? done that—and the history of our coun- manager but to being just a House Who among us, who among us really try in those books and in those tapes, Member. The trial will end, and we will thinks the answer to that question is the history of this country has been de- resume our lives and our work. no? fined right here on this floor. But for some, there will be no end— Third, due process. So just to be ab- The 13th Amendment, the amend- no end to the pain of what happened on solutely clear, the House, with the sole ment abolishing slavery, was passed in January 6. The officers who struggled power of impeachment, determines this very room. In this room—not figu- to recover from the injuries they sus- what the process looks like in the ratively, literally where you all sit and tained to protect us, they struggle to

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S728 CONGRESSIONAL RECORD — SENATE February 13, 2021 recover today, and the families who will forgive me—like a patriot, some- Williams, said that sometimes the continue to mourn those whom they one who just lost her brother and truth is like a second chance. We have lost on that terrible, tragic day. doesn’t want to see any other kids in got a chance here with the truth. I was struck yesterday by defense America go through that kind of agony We still believe in the separation of counsel’s continued references to hate. and grief. powers. President Trump tried to side- One of my favorite quotes of Dr. Mar- Senators, when I say all three of my line or run over every other branch of tin Luther King, Jr.—it is one that has kids are better than me, you know that government, thwart the will of the peo- sustained me during times of adversity, I am not engaged in idle flattering. ple at the State level, and usurp the and I suspect it has sustained some of Maybe some of you feel the same way people’s choice for President. you: about your kids. They are literally bet- This case is about whether our coun- I have decided to stick with love. Hate is ter people. They have got a lot of their try demands a peaceful, nonviolent too great a burden to bear. mom inside of them. They are better transfer of power to guarantee the sov- This trial is not born from hatred— than me. And Hannah saw through the ereignty of the people. Are we going to far from it. It is born from a love of legality of the situation. She saw defend the people who defend us, not country—our country—and our desire through the politics of the situation, just honor them with medals, as you to maintain it and our desire to see all the way to the humanity of the sit- rightfully did yesterday, but actually America at its best. And in those mo- uation and the morality of the situa- back them up against savage, barbaric ments that I spoke of—the Civil Rights tion. That was one of the most patri- insurrectionary violence? Will we re- Act and so much more—we remember otic things I ever heard anybody say. store the honor of our Capitol and the those moments because they helped de- The children of the insurrectionists, people who work here? Will we be a fine and enshrine America at its best. even the violent and dangerous ones— democratic nation that the world looks I firmly believe that our certification they are our children too. They are to for understanding democratic values of the electoral college votes in the Americans, and we must take care of and practices and constitutional gov- early hours of January 7, our refusal to them and their future. We must recog- ernment and the rights of women and let our Republic be threatened and nize and exorcise these crimes against men? Will the Senate condone the taken down by a violent mob, will go our Nation, and then we must take President of the United States inciting down in history as one of those mo- care of our people and our children— a violent attack on our Chambers, our ments too. And I believe that this body their hearts and their minds. As offices, our staff, and the officers who can rise to the occasion once again Tommy Raskin used to say: It’s hard to protect us? today by convicting President Trump be human. When you see the footage of Officer and defending our Republic. Many of the Capitol and Metropoli- Hodges stuck in the doorway, literally And the stakes—the stakes—could tan police officers and Guards men and being tortured by the mob—if the gov- not be higher, because the cold, hard women who were beaten up by the mob ernment did that to you, that would be truth is that what happened on Janu- also have kids. You remember Officer torture. And when you see that foot- ary 6 can happen again. I fear, like Fanone, who had a heart attack after age, and he is shouting in agony for his many of you do, that the violence we being tased and roughed up for hours dear life, it is almost unwatchable. saw on that terrible day may be just by the mob, and then begging for his When the Vice President of the United the beginning. We have shown you the life telling the insurrectionists that he States escapes a violent mob that has ongoing risks and the extremist groups had four daughters, and that just about entered this Capitol Building seeking that grow more emboldened every day. broke my heart all over again. We to hang him and calling out ‘‘traitor, Senators, this cannot be the begin- talked about this for a long time last traitor, traitor,’’ and when they shut ning. It can’t be the new normal. It has night. My kids felt terrible that other down the counting of the electoral col- to be the end. That decision is in your kids’ fathers and mothers were pulled lege votes, is this the future you imag- hands. into this nightmare by a President of ined for our kids? Is it totally appro- Mr. Manager RASKIN. Mr. President, the United States. priate, as we have been told? Or as Rep- Senators, my daughter Hannah said Senators, we proved to you he be- resentative CHENEY said, is it the something to me last night that trayed his country. We proved he be- greatest betrayal of the Presidential stopped me cold and brought me up trayed his Constitution. We proved he oath of office in the history of our short. The kids have been very moved betrayed his oath of office. The star- country? by all the victims of the violence, the tling thing to recognize now is that he And if we can’t handle this together officers and their families, but Hannah is even betraying the mob. He told as a people—all of us—forgetting the told me last night she felt really sorry them he would march with them, and lines of party and ideology and geog- for the kid of the man who said good- he didn’t. They believed the President raphy and all of those things, if we bye to his children before he left home was right there with them, somewhere can’t handle this, how are we ever to come and join Trump’s actions. in the crowd, fighting the fantasy con- going to conquer the other crises of our Their father had told them that their spiracy—steal the election and steal day? dad might not be coming home again, their country away from them. They Is this America? Is this what we want and they might never see him again. In thought they were one big team work- to bequeath to our children and our other words, he was expecting violence ing together. He told them their great grandchildren? and he might die, as insurrectionists journey together was just beginning, I was never a great Sunday school did. And that shook me. and now there are hundreds of criminal student. Actually, I was pretty truant Hannah said: How can the President prosecutors getting going all over the most of the time. But one line always put children and people’s families in country and people getting set to say stuck with me from the Book of Exo- that situation and then just run away goodbye to members of their family. dus as both beautiful and haunting, from the whole thing? And the President who contacted even as a kid, after I asked what the That shook me, and I was filled with them, solicited them, lured him, in- words meant. self-reproach because, when I first saw vited them, and incited them, that Thou shalt not follow a multitude to do the line about ‘‘your father going to President has suddenly gone quiet and evil. Washington and you might not see him dark, nowhere to be found. He cannot Thou shalt not follow a multitude to do again,’’ I just thought about it, well, be troubled to come here to tell us evil. like a prosecutor, like a manager. I what happened and tell us why this was The officer who got called the N-word thought: What damning evidence that the patriotic and the constitutional 15 times and spent hours with his col- people were expecting lethal violence thing to do. leagues battling insurrectionists who at a protest called by the President of Senators, this trial, in the final anal- had metal poles and baseball bats and the United States in saying their final ysis, is not about Donald Trump. The hockey sticks, bear spray, and Confed- goodbyes to their kids. But Hannah— country and the world know who Don- erate battle flags posed the right ques- my dear Hannah—thought of it like a ald Trump is. This trial is about who tion to the Senate and to all of us: human being. She thought of it—if you we are—who we are. My friend, Dar Is this America?

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.020 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S729 Dear Senators, it is going to be up to perate attempt by a prosecuting lieve that he was suggesting violence. you, and whatever committees and sub- team—nine of them—by a prosecuting He explicitly told the crowd that he ex- committees you are on, whatever you team that knew that their case has col- pected the protest outside the Capitol came to Washington to do to work on— lapsed. to be peaceful and patriotic. from defense to agriculture, to energy, Their closing did not mention one They claim that is not enough. to aerospace, to healthcare—this is al- piece of law. They didn’t talk about the His entire premise was that the pro- most certainly how you will be remem- Constitution once. They didn’t talk ceedings of the joint session should bered by history. That might not be about the First Amendment and its ap- continue. He spent nearly the entire fair. It really might not be fair, but plication. They didn’t talk about due speech talking about how he believes none of us can escape the demands of process and how it applies to this pro- the Senators and Members of Congress history and destiny right now. Our rep- ceeding for my client. should vote on the matter. utations and our legacy will be inex- The basic rule of any court is that It is the words. The Supreme Court tricably intertwined with what we do when you close a case out, you close on ruled in Brandenburg that there is a here and with how you exercise your the facts that were admitted in the very clear standard for incitement. In oath to do impartial justice—impartial trial. It is a basic, fundamental prin- short, you have to look at the words justice. ciple of due process and fairness. And themselves. The words have to either I know and I trust you will do impar- that was violently breached today on explicitly or implicitly call for—the tial justice, driven by your meticulous multiple occasions. And you have to words—call for lawlessness or violence. attention to the overwhelming facts of ask yourself why? Why did they resort Whether the speech—you have to deter- the case and your love for our Con- to those tactics at this moment in mine whether the speech was intended stitution, which I know dwells in your time? to provoke the lawlessness and whether hearts. Senators, good afternoon. Mr. Presi- the violence was the likely result of ‘‘The times have found us,’’ said Tom dent. the word itself. They fail on all three Paine, the namesake of my son. ‘‘The What took place here at the U.S. prongs. times have found us.’’ Is this America? Capitol on January 6 was a grave trag- The false and defamatory claim that What kind of America will we be? It’s edy. Over the course of this trial, you Mr. Trump gave a speech encouraging now literally in your hands. Godspeed have heard no one on either side of this his supporters to go attack the Capitol to the Senate of the United States. debate argue that the infiltration of has been repeated so often, We reserve any remaining time. the Capitol was anything less than a uncritically, without any examination The PRESIDENT pro tempore. The heinous act on the home of American of the underlying facts, that the Amer- House has reserved 28 minutes. democracy. ican—the Americans—listening at Mr. SCHUMER. Proceed. All of us, starting with my client, are home were probably surprised to learn COUNSELS’ CLOSING ARGUMENTS deeply disturbed by the graphic videos it is not true. Mr. Counsel VAN DER VEEN. I will of the Capitol attack that have been Furthermore, some of the people in promise that I will be the only one shown in recent days. The entire team this room followed Mr. Trump’s state- talking, and it will not be so long. condemned and have repeatedly con- ments and tweets in the weeks leading Before I start my prepared closing, I demned the violence and law breaking up to January 6 very closely. We know really want to clean up a few things that occurred on January 6 in the that he was not trying to foment an in- from the mess that was the closing of strongest possible terms. We have ad- surrection during the time because no the House managers. I do not want to vocated that everybody be found and one—from the Speaker of the House to ruin my closing because I think the punished to the maximum extent of the the Mayor of Washington, DC—behaved ending is pretty good. law. Yet the question before us is not in a fashion consistent with the belief What they didn’t—they started off by whether there was a violent insurrec- that violence was being advocated for. misstating the law, and they started tion of the Capitol. On that point, ev- Mr. Trump did not spend the weeks off by misstating the intent of our stip- eryone agrees. prior to January 6 inciting violence. He ulation. What we did today was stipu- Based on the explicit text of the spent those weeks pursuing his election late to an article that was published in House Impeachment Article, this trial challenge through the court system a magazine, apparently, they have had is about whether Mr. Trump willfully and other legal procedures, exactly as for weeks, according to the documents engaged in an incitement of violence the Constitution and the Congress pre- they produced today, but for some rea- and even insurrection against the scribe. son this morning popped up with it. United States, and that question they To believe based on the evidence you The stipulation was that they can have posed in their Article of Impeach- have seen that Mr. Trump actually put that in. We did not stipulate to its ment has to be set up against the law wanted and, indeed, willfully incited an contents for truthfulness, and they of this country. armed insurrection to overthrow the tried to portray that in their closing as No matter how much truly horrifying U.S. Government would be absurd. the stipulation. The stipulation was footage we see of the conduct of the ri- The gathering on January 6 was sup- read into the RECORD. The proponents oters and how much emotion has been posed to be an entirely peaceful event. of that conversation—the real ones— injected into this trial, that does not Thousands and thousands of people, in- have denied its content, its veracity. change the fact that Mr. Trump is in- cluding Mr. Trump, showed up that day With respect to—and I am not going nocent of the charges against him. with that intention. A small percent- to talk much about the tortured anal- Despite all of the video played, at no age—a small fraction of those people— ysis of our arson wars that started off point in their presentation did you then engaged in truly horrible behav- or the truly sideways analogies that hear the House managers play a single ior. But as we now know, that those ac- were used with fires. What I do want to example of Mr. Trump urging anyone tors were preplanned and premeditated talk about, though, is the doctoring of to engage in violence of any kind. At and acted even before this speech was evidence. no point did you hear anything that completed, to which is the basis of the First of all, they sent us their evi- could ever possibly be construed as Mr. Article of Impeachment. It was dence on Tuesday the 9th at 2:32 p.m. Trump encouraging or sanctioning an preplanned and premeditated by by email. I was in the room trying the insurrection. fringe—left and right—groups. They hi- case already when they sent their evi- Senators, you did not hear those jacked the event for their own pur- dence—due process. tapes because they do not exist, be- poses. They used evidence that was flat cause the act of incitement never hap- The House managers’ false narrative wrong two or three nights ago with pened. He engaged in no language of in- is a brazenly dishonest attempt to Senator LEE and had to withdraw it. citement whatsoever on January 6 or smear, to cancel—constitutional can- They tried to use it again today. any other day following the election. celed culture—their No. 1 political op- They tried to use evidence that they No unbiased person honestly review- ponent, taking neutral statements, had never presented in the case in their ing the transcript of Mr. Trump’s commonplace political rhetoric, re- closing argument. That is a very des- speech on the Ellipse could possibly be- moving words and facts from context

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.021 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S730 CONGRESSIONAL RECORD — SENATE February 13, 2021 and ascribing to them the most sinister must be fully investigated whether po- else across this country. One hundred and malevolent intentions possible. litical leadership here in Washington, percent of those guilty of committing Their story was based not on evi- DC, took an inadequate and irrespon- crimes deserve lengthy prison sen- dence but on the shear personal and po- sible force posture on January 6 be- tences for their shameful and depraved litical animus. cause of their commitment to the false conduct. But this trial has raised the The flimsy theory of incitement you narrative of what happened last June. question about words, actions, and con- heard from the House managers could Hopefully we can all now agree that sequences. be used to impeach, indict, or expel the administration acted properly by As a nation, we must ask ourselves, countless other political leaders. Many taking action to stop a riotous mob, es- how did we arrive at this place where leading figures in other parties have tablishing an appropriate security pe- rioting and pillaging would become engaged in far more incendiary and rimeter, and preventing the White commonplace? I submit to you that it dangerous rhetoric, and we played House from potentially being overrun. was month after month of political some of them. I am not going to replay The House managers argued this leaders and media personalities, blood- it. I am not going to replay you the week that an alleged brief delay in thirsty for ratings, glorifying civil un- words. You all saw the evidence. I am issuing a public statement from Mr. rest and condemning the reasonable not going to replay mob scenes. I don’t Trump on January 6 was somehow evi- law enforcement measures that are re- want to give those people another plat- dence that he committed incitement or quired to quell violent mobs. form, any more view from the Amer- supported the violence. Yet for months Hopefully we can all leave this Cham- ican people as to what they did. They last year Joe Biden and Vice President ber in uniform agreement that all riot- should be canceled. Harris and countless other Democrats ing—all rioting—is bad and that law Democrat politicians spent months repeatedly refused to condemn the ex- enforcement deserves our respect and prior to January 6 attacking the very tremists as riots were occurring daily, support. That has been Mr. Trump’s po- legitimacy of our Nation’s most cher- as businesses were being ramshackled, sition from the very beginning. ished institutions and traditions. They as neighborhoods were being burned, as The real question in this case is, Who didn’t just question the integrity of bombs were exploding. They repeatedly is ultimately responsible for such acts one election; they challenged the in- refused to tell their violent supporters of mayhem and violence when they are tegrity of our entire Nation—every- to stand down. committed? The House Democrats thing from our Founding Fathers, our Some even suggested that the mobs’ want two different standards—one for Constitution, the Declaration of Inde- actions were justified. Vice President themselves and one for their political pendence, law enforcement officers, Harris literally urged her followers to opposition. and the United States Military. They donate money to a fund to bail out the They have carried out a grossly un- said that our society was rooted in ha- violent, extreme rioters so that they constitutional effort to punish Mr. tred. They even said that America de- could get out and continue to do it Trump for protected First Amendment served—and I will quote—‘‘a reck- over and over again. She later said that speech. It is an egregious violation of oning.’’ those folks were not going to let up his constitutional rights. Since he ut- As you heard yesterday, throughout and that they should not. tered not a single word encouraging vi- the summer, Democrat leaders, includ- All of this was far closer to the ac- olence, this action can only be seen as ing the current President and Vice tual definition of ‘‘incitement’’ than an effort to censor disfavored political President, repeatedly made comments anything President Trump has ever speech and discriminate against a dis- that provided moral comfort to mobs said or done, never mind what he said approved viewpoint. It is an unprece- attacking police officers. During that on the 6th. It is a hypocrisy. It is a hy- dented action with the potential to do time, many officers across the country pocrisy that the House managers have grave and lasting damage to both the were injured. As we all know, two sher- laid at the feet of this Chamber. Presidency and the separation of pow- iff’s deputies in Los Angeles were am- The House managers suggested that ers and the future of democratic self- bushed and shot at point-blank range. this recent history is irrelevant to the government. Members of this very body have been current proceedings, but not only is Yesterday we played you a video of in danger. Senators from Maine to Ken- Democrats’ behavior surrounding last countless Democrat Members of the tucky, and most points in between, year’s riots highly relevant as prece- Senate urging their supporters to fight. have been harassed by mobs. dent and not only does it reveal the We showed you those videos not be- Last August, a menacing leftwing dishonesty and insincerity of this en- cause we think you should be forcibly mob swarmed Senator RAND PAUL and tire endeavor, it also provides crucial removed from office for saying those his wife as they left the White House, context that should inform our under- things but because we know you should and they had to be rescued by police. standing of the events that took place not be forcibly removed from office for For months, our Federal courthouse on January 6. saying those things. But recognize the in Portland was placed under siege by Many of the people who infiltrated hypocrisy. violent anarchists who attacked law the Capitol took pictures of themselves Yesterday in questioning, House enforcement officers daily and repeat- and posted them on social media. To Manager Raskin admitted that the edly and tried to set fire to the build- some, it seems, they thought that it House Democrats had invented an en- ing. was all a game. They apparently be- tirely new legal standard. In fact, they Speaker PELOSI did not call the vio- lieved that violent mobs, destruction of have created a new legal theory: the lent siege of the Federal building an in- property, rioting, assaulting police, Raskin doctrine. The Raskin doctrine surrection. She called the Federal and vandalizing historic treasures was is based on nothing more than deter- agents protecting the courthouse somehow now acceptable in the United mining protected speech based on the ‘‘stormtroopers.’’ States. Where might they have gotten party label next to your name. Regard- The White House complex was be- that idea? I would suggest to you that less of what you have heard or what sieged by mobs that threw bricks, it was not from Mr. Trump. It was not you have seen from the House man- rocks, and bottles at Secret Service Mr. Trump. It was not anyone in the agers, if you pay close attention, you agents, set fire to a historic structure, Republican Party that spent the 6 will see that any speech made by Dem- and breached a security fence to infil- months immediately prior to the Cap- ocrat elected officials is protected trate the Treasury grounds. itol assault giving rhetorical aid and speech, while any speech made by Re- When my client’s administration comfort to mobs, making excuses for publican elected officials is not pro- sent in the National Guard to secure rioters, celebrating radicalism, and ex- tected. the Nation’s Capital City amidst the plaining that angry, frustrated, and The creation of the Raskin doctrine violence, Democrat leaders demanded marginalized people were entitled to actually reveals the weakness of the that the forces be withdrawn. blow off steam like that. House managers’ case. Elected offi- The Washington, DC, Mayor said the Let me be very clear. There can be no cials—and we reviewed this in-depth presence of the National Guard was an excuse for the depraved actions of the yesterday—under Supreme Court affront to the safety of the District. It rioters here at the Capitol or anywhere precedent Wood and Bond—by the way,

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.024 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S731 Bond didn’t burn his draft card; he ac- holding a trial of Citizen Trump, let because they know that a fair trial tually still had it. It was part of his de- alone a trial to deprive him of some would reveal Mr. Trump’s innocence of fense. But in Bond and in Wood, the fundamental civil rights. the charges against him. The more ac- Court clearly directed all to know that There was mention of a January ex- tual evidence that comes out, the elected officials hold the highest pro- ception argument. The January excep- clearer it is that this was a preplanned tections of speech, the highest protec- tion argument is a creation of the and premeditated attack, which his tions, and I remind you why: because House managers’ own conduct by de- language in no way incited. you all need to be free to have robust laying. They sat on the Article. They Because their case is so weak, the political discussion because your dis- could have tried the President while he House managers have taken a kitchen- cussion is about how our lives are was still in office if they really be- sink approach to the supposedly single going to go, and that shouldn’t be lieved he was an imminent threat. Article of Impeachment. They allege squelched by any political party on ei- They didn’t. The January exception is that Mr. Trump incited the January 6 ther side of the aisle, no matter who is a red herring. It is nonsense because violence. They allege that he abused the majority party at the time. Federal, State, and local authorities power by attempting to pressure Geor- Why would the House managers can investigate. Their January excep- gia Secretary of State Raffensperger to make up their own legal standard? I tion always expires on January 20. undermine the results of the 2020 elec- will tell you why. Because they know House Democrats and this deeply un- tion, and they allege that he gravely they cannot satisfy the existing con- fair trial have shamefully trampled endangered the democratic system by stitutional standard set forth by the every tradition, norm, and standard of interfering with the peaceful transition United States Supreme Court that has due process in a way I have never ever of power. There are at least three existed for more than half a century. seen before. Mr. Trump was given no things there. They argue Mr. Trump, as an elected right to review the so-called evidence Under the Senate rules, each of these official, has no First Amendment against him at trial. He was given no allegations must have been alleged in a rights. It is the complete opposite of opportunity to question its propriety. separate Article of Impeachment. I the law. We have shown you, without He was given no chance to engage in need not remind this Chamber that contradiction, that is wrong. factfinding. rule XXIII of the Rules of Procedure They also know that they cannot sat- Much of what was introduced by the and Practice in the Senate when Sit- isfy the three-part test of Brandenburg, House was unverified second- or third- ting on Impeachment Trials provides, as elucidated in the Bible Believers hand reporting cribbed from a biased in pertinent part, that an Article of case. news media, including stories based on Impeachment ‘‘shall not be divisible There was absolutely no evidence anonymous sources whose identities . . . thereon.’’ that Mr. Trump’s words were directed are not even known to them, never Why is that? Because the Article at to inciting imminent lawless action. mind my client. They manufactured issue here alleges multiple wrongs in There was no evidence that Mr. Trump and doctored evidence, so much so that the single Article, it would be impos- intended his words to incite violence. they had to withdraw it. sible to know if two-thirds of the Mem- We only had—we had the evidence And the violence was preplanned and bers agreed on the entire Article or after we started the trial. They went premeditated by a group of lawless ac- just on parts of it as the basis for a on for 2 days, so in the evening, I was tors who must be prosecuted to the vote to convict. Based on this alone, able to go back and take a really close the Senate must vote to acquit Mr. fullest extent of the law, but it proves look at the stuff. Myself and Mr. Cas- Trump. You have got to at least obey that his words weren’t what set this tor and Ms. Bateman and Mr. Brennan, your own rules if it is not the Constitu- into motion, what was the incitement. we all worked hard and looked at the With no ability and no evidence to tion you are going to obey. evidence, four volumes of books in lit- In short, this impeachment has been satisfy the existing constitutional tle, tiny print. We started—we literally a complete charade from beginning to standard, what are the House managers had 12, 14 hours to really look at the end. The entire spectacle has been to do? They had to make up their own evidence before we had to go on, and nothing but an unhinged pursuit of a law. This is not only intellectually dis- just in that short time of looking at longstanding political vendetta against honest, folks; it is downright scary. the evidence, we saw them fabricating Mr. Trump by the opposition party. What type of precedent would be set Twitter accounts. We saw the masked As we have shown, Democrats were if the Senate did vote to convict? Can man sitting at his desk with the New obsessed with impeaching Mr. Trump Congress now ignore Supreme Court York Times there. from the very beginning of his term. precedent on the contours of protected And when we looked closely, we The House Democrats tried to impeach free speech? Will Congress be permitted found that the date was wrong; the him in his first year. They tried to im- to continually make up their own legal check had been added. They fabricated peach him in his second year. They did standards and apply those new stand- evidence. They made it up. They never impeach him in his third year. And ards to elected officials’ speech? This addressed that in their closing—as they impeached him again in his fourth would allow Congress to use the awe- though it were acceptable, as though it year. And now they have conducted a some impeachment power as a weapon were all right, as though that is the phony impeachment show trial when to impeach their fellow colleagues in way it should be done here in the Sen- he is a private citizen out of office. the opposing party. This is not a prece- ate of the United States of America. This hastily orchestrated and uncon- dent that this Senate can set here Fraud—flatout fraud. Where I come stitutional circus is the House Demo- today. from, in the courts I practice in, there crats’ final, desperate attempt to ac- If the Senate endorses the House are very harsh repercussions for what complish their obsessive desire of the Democrats’ absurd new theory, you they pulled in this trial. last 5 years. will set a precedent that will trouble As we have shown, the House man- Since the moment he stepped into leaders from both parties literally for agers were caught creating false rep- the political arena, my client—since centuries to come, but that will not be resentations of tweets, manipulating my client stepped in, they have been the only disgraceful precedent to come videos, and introducing into the possessed by an overwhelming zeal to from this case. RECORD completely discredited lies, vanquish an independent-minded out- This has been perhaps the most un- such as the ‘‘fine people’’ hoax, as fac- sider from their midst and to shame, fair and flagrantly unconstitutional tual evidence. demean, silence, and demonize his sup- proceeding in the history of the United Most of what the House managers porters in the desperate hope that they States Senate. For the first time in have said and shown you would be in- will never, ever pose an electoral chal- history, Congress has asserted the admissible in any respectable court of lenge. right to try and punish a former Presi- law. They were not trying a case; they We heard one of the Congressmen on dent who is a private citizen. Nowhere were telling a political tale—a fable— the screen: If you don’t impeach him, in the Constitution is the power enu- and a patently false one at that. he might be elected again. merated or implied. Congress has no House Democrats have denied due That is the fear. That is what is driv- authority, no right, and no business process and rushed the impeachment ing this impeachment.

VerDate Sep 11 2014 02:34 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.026 S13FEPT1 dlhill on DSK120RN23PROD with SENATE S732 CONGRESSIONAL RECORD — SENATE February 13, 2021 When you deliberate over your deci- A few points: One, we have definitely conviction on these charges. It is a sion, there are four distinct grounds made some progress in the last few civil remedy to protect all of us—to under which you must acquit my cli- days because a few days ago, the Presi- protect the entire country, our chil- ent. dent’s team—although I think it was dren, our Constitution, our future. First is jurisdiction. There is no ju- perhaps a member who has since left That is what impeachment trial con- risdiction. And if you believe that, you the team—lectured us that this was not victions are all about—are all about. still get to say it. an insurrection and said that impeach- Julian Bond—see, I knew Julian Two, rule XXIII—it had to be divis- ment managers were outrageous in Bond, so forgive me. Most people say: ible. Each allegation had to be sin- using the word ‘‘insurrection.’’ Today, Don’t even respond to this stuff. I have gularly set out in front of you so it counsel, in his closing statement, said got to respond to this. Julian Bond was could be voted on and to see if two- it was a violent insurrection, and he a civil rights activist who decided to go thirds of you think that they proved denounced it. And I would certainly into politics, like the people in this that case or not. They didn’t do that. love to see President Trump also call it room, like all of us who are in politics. You have got to ask yourself why. a violent insurrection and denounce it And they tried to keep him out. He was They know the Senate rules. They got too. And I believe—although, I don’t a member of SNCC, the Student Non- them, and so did I. Why did they do it? have a verbatim text—that counsel violent Coordinating Committee, Because they hadn’t investigated, first called for long sentences for the people which really launched the voting rights of all. But, also, what they found out is who were involved. Again, I would love movement in America. It is a great when they were preparing all this, they to hear that come from the President story that Bob Moses tells in his book couldn’t do it. So if they threw in as as well. called ‘‘Radical Equations’’ about—you much as they could and made as many The distinguished counsel complains know, he was a graduate student, bold, bald allegations as they could, that there is no precedent with the de- mathematics, at Harvard. He was a then maybe two-thirds of you would veloped body of law that the Senate graduate student in mathematics at fall for it. That is why the rules don’t has for impeaching and convicting a Harvard. He went to Mississippi. You allow it to go that way. President who incites violent insurrec- know why? Because he saw a picture in Due process—I have exhausted that tion against the Congress and the gov- subject. It is a really good reason for the New York Times of Black civil ernment of the United States. Well, I rights protesters, college students, I all of you—all of you—in this Chamber suppose that is true because it never to stop the politics, to read the Con- think, North Carolina A&T. He saw a occurred to any other President of the picture of them on the cover of the stitution and apply it to this pro- United States—from George Wash- ceeding and acknowledge that the lack New York Times, and they were sitting ington, to John Adams, to Thomas Jef- in at a lunch counter. He looked at the of due process—way over the top, ferson, to James Madison, to James shocking. And you must not stand for picture, and he said: They looked the Monroe, to Abraham Lincoln, to Ron- way that I felt. They looked the way it. ald Reagan, to George W. Bush, to And, of course, the First Amend- that I felt. Barack Obama—to incite a violent in- ment—the actual facts of this case. He said he had to go down south to surrection against the Union. There were no words of incitement. Mississippi, and they launched the vot- You are right. We have got no prece- Four grounds. Nobody gets to tell ing rights movement. That is where dent for that, and so they think that you which ground to pick, and nobody the phrase ‘‘One-person, one-vote’’ that somehow is a mark in their gets to tell you how many grounds to comes from. It was not invented by the favor—that is a score for them—that consider. Supreme Court. They would go door-to- this Senate has to be the first one to Senators, do not let House Demo- door to try to register people to vote. crats take this maniacal crusade any define incitement of violent insurrec- tion against the Union. And so the gen- But anyway, Julian Bond was a part further. The Senate does not have to go of that movement, the Student Non- down this dark path of enmity and di- tleman puts it on me. He says: Inciting a President for committing incitement violent Coordinating Committee—non- vision. You do not have to indulge the violence. It was the end, and it was the impeachment lust, the dishonesty, and to violent insurrection against the Union is the new Raskin doctrine. means—nonviolence. the hypocrisy. And he ran for the State legislature It is time to bring this unconstitu- We have tried to convince them that in Georgia, a path other civil rights ac- tional political theater to an end. It is there are well-known principles and tivists followed, like our great, late, time to allow our Nation to move for- elements of incitement, which we have beloved colleague John Lewis, who is ward. It is time to address the real talked to you about ad nauseam, and in our hearts today. And when he got business pressing this Nation—the pan- that this is an intrinsically, inherently elected, they wanted to try to keep demic, our economy, racial inequality, fact-based judgment. But if that is the him from being sworn in to the Georgia economic and social inequality. These Raskin doctrine—that a President of Legislature. And so they said the Stu- are the things that you need to be the United States cannot incite violent dent Nonviolent Coordinating Com- thinking and working on for all of us in insurrection against the Union and the mittee is taking a position against the America—all of us. Congress—then I embrace it, and I take With your vote, you can defend the it as an honor. Most law professors Vietnam war. You are a member of Constitution. You can protect due never even get a doctrine named after SNCC. We are not going to admit you process. And you can allow America’s them, so I will accept that. because you took a position against healing to begin. I urge the Senate to And, finally, the counsel goes back to the Vietnam war. And the Supreme acquit and vindicate the Constitution Julian Bond’s case because, I think, in Court, in its wisdom, said you cannot of this great Republic. the final analysis, their best argu- prevent someone from swearing an Thank you. ment—as pathetically weak as it is—is oath to become a member of a legisla- The PRESIDENT pro tempore. Who really about the First Amendment. tive body because of a position that yields time? But, remember, they keep talking they took or a group they were part Mr. Manager RASKIN. Mr. President, about stifling President Trump’s of—took before they got sworn in. Senators, I understand—I am told we speech. Someone tell me when his That is the exact opposite of Donald have around 27 minutes, but I will re- speech has ever been stifled. He says Trump. He got elected to office. He turn all of that but perhaps 5 back to exactly what he wants whenever he swore an oath to the Constitution to you. There are just a few things I need wants. If and when you convict him for preserve, protect, and defend the Con- to address. In an extraordinary and incitement of insurrection, he will con- stitution. He served as President for 4 perhaps unprecedented act of self-re- tinue to say whatever he wants on that years, right up until the end, when he straint on my part, I will resist the op- day. Remember, they referred yester- wanted to exercise his rights under the portunity to rebut every single false day to interference with his liberty, imaginary January exception, and he and illogical thing that you just heard. which I found absolutely bizarre be- incited a violent mob and insurrection And I am going to be able to return to cause everybody knows he will not to come up here, and we all know what you, you know, perhaps 22, 23 minutes. spend 1 minute in prison or jail from happened.

VerDate Sep 11 2014 04:31 Feb 14, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G13FE6.027 S13FEPT1 dlhill on DSK120RN23PROD with SENATE February 13, 2021 CONGRESSIONAL RECORD — SENATE S733 He is being impeached and convicted Federal officials. Shortly before the Joint Durbin Markey Schatz for violating his oath of office that he Session commenced, President Trump, ad- Feinstein Menendez Schumer dressed a crowd at the Ellipse in Wash- Gillibrand Merkley Shaheen took. He is not being prevented from Hassan Murkowski Sinema ington, DC. There, he reiterated false claims taking his oath in the first place. Heinrich Murphy Smith that ‘‘we won this election, and we won it by The First Amendment is on our side. Hickenlooper Murray Stabenow a landslide’’. He also willfully made state- Hirono Ossoff Tester He tried to overturn the will of the ments that, in context, encouraged—and Kaine Padilla Toomey people, the voice of the people. He lost foreseeably resulted in—lawless action at the Kelly Peters Van Hollen that election by more than 7 million Capitol, such as: ‘‘if you don’t fight like hell King Reed Warner votes. Some people don’t want to admit you’re not going to have a country any- Klobuchar Romney Warnock Leahy Rosen Warren it. Counsel for the President could not more’’. Thus incited by President Trump, Luja´ n Sanders Whitehouse bring themselves to admit that the members of the crowd he had addressed, in Manchin Sasse Wyden election is over in answer to the ques- an attempt to, among other objectives, interfere with the Joint Session’s solemn NAYS—43 tion from the distinguished gentleman constitutional duty to certify the results of Barrasso Grassley Portman from Vermont. He refused to answer the 2020 Presidential election, unlawfully Blackburn Hagerty Risch that. He said it was irrelevant, despite breached and vandalized the Capitol, injured Blunt Hawley Rounds all of the evidence you have heard and killed law enforcement personnel, men- Boozman Hoeven Rubio Braun Hyde-Smith about the big lie and how that set the aced Members of Congress, the Vice Presi- Scott (FL) Capito Inhofe Scott (SC) stage for his incitement of the insur- dent, and Congressional personnel, and en- Cornyn Johnson gaged in other violent, deadly, destructive, Shelby rectionary violence against us. Cotton Kennedy Sullivan and seditious acts. Cramer Lankford The First Amendment is on our side. Thune Crapo Lee President Trump’s conduct on January 6, Tillis We are defending the Bill of Rights. We Cruz Lummis 2021, followed his prior efforts to subvert and Tuberville are defending the constitutional struc- obstruct the certification of the results of Daines Marshall ture. We are defending the separation Ernst McConnell Wicker the 2020 Presidential election. Those prior ef- Fischer Moran Youn of powers. We are defending the U.S. forts included a phone call on January 2, Graham Paul Senate and the U.S. House against a 2021, during which President Trump urged President who acted no better than a the secretary of state of Georgia, Brad The PRESIDENT pro tempore. On marauder and a member of that mob by Raffensperger, to ‘‘find’’ enough votes to this vote, the yeas are 57, the nays are inciting those people to come here. And overturn the Georgia Presidential election 43. in many ways, he was worse. He named results and threatened Secretary Two-thirds of the Senators present Raffensperger if he failed to do so. the date; he named the time; and he not having voted guilty, the Senate ad- In all this, President Trump gravely en- judges that the respondent Donald brought them here; and now he must dangered the security of the United States pay the price. John Trump, former President of the and its institutions of Government. He United States, is not guilty as charged Thank you, Mr. President. threatened the integrity of the democratic The PRESIDENT pro tempore. The system, interfered with the peaceful transi- in the Article of Impeachment. majority leader is recognized. tion of power, and imperiled a coequal The Presiding Officer directs the Mr. SCHUMER. Mr. President, the branch of Government. He thereby betrayed judgment to be entered in accordance Senate is now ready to vote on the Ar- his trust as President, to the manifest injury with the judgment of the Senate, as ticle of Impeachment. And after that is of the people of the United States. follows: done, we will adjourn the Court of Im- Wherefore, Donald John Trump, by such The Senate, having tried Donald John peachment. conduct, has demonstrated that he will re- Trump, former President of the United main a threat to national security, democ- The PRESIDENT pro tempore. The States, upon one Article of Impeachment ex- racy, and the Constitution if allowed to re- hibited against him by the House of Rep- clerk will read the Article of Impeach- main in office, and has acted in a manner ment. resentatives, and two-thirds of the Senators grossly incompatible with self-governance present not having found him guilty of the The senior assistant legislative clerk and the rule of law. Donald John Trump thus charge contained therein, it is, therefore, or- read as follows: warrants impeachment and trial, removal dered and adjudged that the said Donald Article I: Incitement of Insurrection. from office, and disqualification to hold and John Trump be, and is hereby, acquitted of The Constitution provides that the House enjoy any office of honor, trust, or profit the charge in said Article. of Representatives ‘‘shall have the sole under the United States. Power of Impeachment’’ and that the Presi- The majority leader is recognized. VOTE ON ARTICLE I dent ‘‘shall be removed from Office on Im- COMMUNICATION TO THE SECRETARY OF STATE peachment for, and Conviction of, Treason, The PRESIDENT pro tempore. Each AND TO THE HOUSE OF REPRESENTATIVES Bribery, or other high Crimes and Mis- Senator, when his or her name is Mr. SCHUMER. Mr. President, I send demeanors’’. Further, section 3 of the 14th called, will stand in his or her place an order to the desk. Amendment to the Constitution prohibits and vote guilty or not guilty, as re- The PRESIDENT pro tempore. The any person who has ‘‘engaged in insurrection quired by rule XXIII of the Senate clerk will report the order. or rebellion against’’ the United States from Rules on Impeachment. The senior assistant legislative clerk ‘‘hold[ing] any office . . . under the United Article I, section 3, clause 6 of the States’’. In his conduct while President of read as follows: the United States—and in violation of his Constitution regarding the vote re- Ordered, that the Secretary be directed to constitutional oath faithfully to execute the quired for conviction of impeachment communicate to the Secretary of State, as office of President of the United States and, provides that ‘‘no person shall be con- provided by rule XXIII of the Rules of Proce- to the best of his ability, preserve, protect, victed without the concurrence of two- dure and Practice in the Senate When Sit- and defend the Constitution of the United thirds of the Members present.’’ ting on Impeachment Trials, and also to the States, and in violation of his constitutional The question is on the Article of Im- House of Representatives, the judgment of duty to take care that the laws be faithfully peachment. Senators, how say you? Is the Senate in the case of Donald John Trump, and transmit a certified copy of the executed—Donald John Trump engaged in the respondent, Donald John Trump, high Crimes and Misdemeanors by inciting judgment to each. guilty or not guilty? violence against the Government of the The PRESIDENT pro tempore. With- A rollcall vote is required. United States, in that: out objection, the order will be en- On January 6, 2021, pursuant to the 12th The clerk will call the roll. tered. Amendment to the Constitution of the The senior assistant legislative clerk The majority leader. United States, the Vice President of the called the roll. United States, the House of Representatives, f and the Senate met at the United States The result was announced—guilty 57, Capitol for a Joint Session of Congress to not guilty 43, as follows: ADJOURNMENT SINE DIE OF THE count the votes of the Electoral College. In [Rollcall Vote No. 59] COURT OF IMPEACHMENT the months preceding the Joint Session, YEAS—57 Mr. SCHUMER. Mr. President, I President Trump repeatedly issued false Baldwin Burr Cassidy statements asserting that the Presidential move that the Senate, sitting as a Bennet Cantwell Collins Court of Impeachment on the Article election results were the product of wide- Blumenthal Cardin Coons spread fraud and should not be accepted by Booker Carper Cortez Masto against Donald John Trump, adjourn the American people or certified by State or Brown Casey Duckworth sine die.

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