S682 CONGRESSIONAL RECORD — SENATE February 12, 2021 silencing and banning the speech the The clerk will read it. made clear that these insurgents were majority does not agree with. It is The legislative clerk read the ques- planning to carry weapons, including about canceling 75 million Trump vot- tion as follows: guns, to target the Capitol itself. And ers and criminalizing political view- Isn’t it the case that the violent attack yet Donald Trump, from January 5 to points. and siege on the Capitol on January 6 would the morning of his speech, tweeted 34 That is what this trial is really not have happened if not for the conduct of times, urging his supporters to get about. It is the only existential issue President Trump? ready to stop the steal. before us. It asks for constitutional The PRESIDENT pro tempore. The He even, on the eve of the attack, cancel culture to take over in the House managers have up to 5 minutes. warned us that it was coming. He United States Senate. Mr. Manager CASTRO of Texas. Good warned us that thousands were de- Are we going to allow canceling and afternoon, everybody. To answer your scending into DC and would not take it banning and silencing to be sanctioned question very directly, Donald Trump anymore. in this body? assembled the mob. He assembled the When they got here at the Save To the Democrats, who view this as a mob, and he lit the flame. Everything America March, he told them again in moment of opportunity, I urge you in- that followed was because of his doing, that speech exactly what to do. His stead to look to the principles of free and although he could have imme- lawyer opened with: expression and free speech. I hope, diately and forcibly intervened to stop Let’s have trial by combat. truly, that the next time you are in the the violence, he never did. In other That was Rudy Giuliani. And Donald minority, you don’t find yourself in words, this violent, bloody insurrection Trump brought that message home. In this position. that occurred on January 6 would not fact, he praised Rudy Giuliani as a To the Republicans in this Chamber, have occurred but for President Trump. fighter, and President Trump used the I ask when you are next in the major- The evidence we presented in trial words ‘‘fight’’ or ‘‘fighting’’ 20 times in ity, please resist what will be an over- makes this absolutely clear. This at- that speech. whelming temptation to do this very tack, as we said, didn’t come from one Remember, you have just told these same thing to the opposing party. random speech, and it didn’t happen by people—these thousands of people— Members of the Senate, this con- accident, and that mob didn’t come out that somebody has stolen your elec- cludes the formal defense of the 45th of thin air. tion, your victory; you are not going to President of the United States to the Before the election, Donald Trump get the President that you love. Impeachment Article filed by the spread lie after lie about potential Senators, that is an incredibly com- House of Representatives. fraud—an election, remember, that bustible situation when people are I understand that there is a proce- hadn’t even happened yet. Months be- armed and they have been saying that dure in place for questions, and we fore the election took place, he was they are mad as hell and they are not await them; thereafter, we will close saying it was rigged and that it was going to take it anymore. on behalf of President Trump. going to be stolen. All of his supporters He looked out to a sea of thousands, Mr. President, we yield the balance believed that the only way he was some wearing body armor, helmets, of our time. going to lose is if the election was sto- The PRESIDENT pro tempore. The holding sticks and flag poles, some of len, if the election was rigged. majority leader. And when he did lose, he spent week which they would later use to beat f after week inciting his supporters to Capitol Police; and he told them that they could play by different rules—play RECESS believe that their votes had been stolen by different rules. He even, at one Mr. SCHUMER. Mr. President, I ask and that the election was fraudulent and it was their patriotic duty to fight point, quite literally, pointed to the unanimous consent that we take a 15- Capitol as he told them to ‘‘fight like minute recess. like hell to stop the steal and take their country back. hell.’’ There being no objection, at 3:16 After the attack, you know, we have p.m., the Senate, sitting as a Court of And, remember, this is in the United States, where our vote is our voice. shown clearly, well, that once the at- Impeachment, recessed until 3:54 p.m.; tack began, insurgent after insurgent whereupon the Senate reassembled You tell somebody that an election vic- tory is being stolen from them, that is made clear they were following the when called to order by the President President’s orders. You saw us present pro tempore. a combustible situation. And he gave them clear direction on that evidence of the insurgents who SENATORS’ QUESTIONS were there that day who said: I came The PRESIDENT pro tempore. The how to deal with that. For example, on December 19, 18 days because the President asked me to Senate will come to order. come. I was here at his invitation. You Pursuant to the provisions of S. Res. prior to January 6, President Trump told them how and where to fight for saw that of the folks that were in the 47, the Senate has provided 4 hours dur- Capitol that day. ing which Senators may submit ques- it. He first issued his call to action for January 6. This was a ‘‘save the date’’ The PRESIDENT pro tempore. The tions in writing directed either time has expired. through the managers on the part of sent 18 days before the event on Janu- ary 6, and it wasn’t just a casual one- Are there further questions? the House of Representatives or coun- Mr. GRAHAM. Mr. President. sel for the former President. off reference or a singular invitation. For the next 18 days, he directed all The PRESIDENT pro tempore. Does The majority leader. the Senator from South Carolina have Mr. SCHUMER. Mr. President, I ask of the rage he had incited to January 6; a question? unanimous consent that the answers and that was, for him, what he saw as Mr. GRAHAM. Thank you very much, within the 4-hour question period be his last chance to stop the transfer of Mr. President. limited to 5 minutes each, and if the power, to stop from losing the Presi- I send a question to the desk on be- questions are directed to both parties, dency. And he said things like, ‘‘Fight half myself, Senators CRUZ, MARSHALL, the times be equally divided; further- to the death’’ and January 6 will be a and CRAMER to counsel. more, that questions alternate sides ‘‘wild’’ and ‘‘historic day.’’ And this The PRESIDENT pro tempore. Sen- proposing questions for as long as both was working. They got the message. ator GRAHAM, for himself, Senator sides have questions. In the days leading to the attack, re- CRUZ, Senator MARSHALL, and Senator The PRESIDENT pro tempore. With- port after report, social media post CRAMER, submits a question to the out objection, it is so ordered. after social media post, confirmed that Mr. SCHUMER. Mr. President, I send these insurgents were planning armed counsel for Donald Trump. a question to the desk. violence, but they were planning it be- The clerk will read the question. The PRESIDENT pro tempore. The cause he had been priming them, be- The legislative clerk read as follows: Senator will submit it. cause he had been amping them up. Does a politician raising bail for rioters en- The question from Senator SCHUMER That is why they were planning it. courage more rioting? with Senator FEINSTEIN is directed to And these posts, confirmed by re- The PRESIDENT pro tempore. Coun- the House managers. ports from the FBI and Capitol Police, sel has 5 minutes.

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.036 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S683 Mr. Counsel CASTOR. Yes. Then it went up to Judge Stephanos to December 31; January 2, there is a The PRESIDENT pro tempore. Does Bibas, who is a Trump appointee, who lot of interaction between the authori- counsel yield back the rest of their is part of the appeals court panel. He ties and getting folks to have security time? said: beforehand on the day. We have a tweet Mr. Counsel CASTOR. I do. The Campaign’s claims have no merit. The at 2:38, so it was certainly sometime The PRESIDENT pro tempore. Coun- number of ballots it specifically challenges before then. sel’s time is yielded back. is far smaller than the [roughly] 81,000-vote With the rush to bring this impeach- Are there other questions? margin of victory. And it never claims fraud ment, there has been absolutely no in- Mr. WARNOCK. Mr. President. or that any votes were cast by illegal voters. vestigation into that. And that is the The PRESIDENT pro tempore. The Plus, tossing out millions of mail-in ballots problem with this entire proceeding. Senator from Georgia. would be drastic and unprecedented, The House Managers did zero inves- Mr. WARNOCK. I send a question to disenfranchising a huge swath of the elec- tigation, and the American people de- the desk. torate and upsetting all down-ballot races serve a lot better than coming in here The PRESIDENT pro tempore. Send too. with no evidence, hearsay on top of it to the desk. Which, incidentally, they weren’t The Senator from Georgia, Senator being challenged, even though it was hearsay on top of reports that are hear- say. WARNOCK, has a question for the House the exact same ballot that had been Managers. brought. Due process is required here, and The clerk will read the question. So the problem was when the Presi- that was denied. Ms. ROSEN. Mr. President. The legislative clerk read as follows: dent went from his traditional combat, The PRESIDENT pro tempore. The Is it true or false that in the months lead- which was fine, to intimidating and ing up to January 6th, dozens of courts, in- Senator from Nevada bullying State election officials and Ms. ROSEN. Mr. President, I send a cluding State and Federal courts in Georgia, State legislators, and then finally, as rejected President Trump’s campaign’s ef- question to the desk. Representative CHENEY said, sum- forts to overturn his loss to Joe Biden? The PRESIDENT pro tempore. The moning a mob, assembling a mob, and Senator from Nevada, Senator ROSEN, The PRESIDENT pro tempore. The then lighting the match for an insur- House manager is recognized for 5 min- submits a question for the House man- rection against the Union. agers. utes. When he crossed over from non- Mr. Manager RASKIN. Mr. President, The clerk will read the question. violent means, no matter how ridicu- The legislative clerk read as follows: Senators, that is true. That is true. lous or absurd—that is fine. He is exer- I want to be clear, though, that we On January 6, the anti-Semitic Proud Boys cising his rights—to inciting violence, have absolutely no problem with Presi- group that President Trump had told to that is what this trial is about. dent Trump having pursued his belief stand by, laid siege to the Capitol alongside We heard very little of that from the that the election was being stolen or other rioters, including one wearing a ‘‘Camp presentation of the President’s law- Auschwitz’’ shirt. Is there evidence that that there was fraud or corruption or yers. They really didn’t address the President Trump knew or should have known unconstitutionality. We have no prob- facts of the case at all. There were a that his tolerance of anti-Semitic hate lem at all with him going to court to couple of propaganda reels about speech, combined with his own rhetoric, do it and he did and he lost in 61 Democratic politicians that would be could incite the kind of violence we saw on straight cases. In Federal court and January 6? excluded in any court in the land. They State court, in the lowest courts in the talked about the Rules of Evidence. All Ms. Manager PLASKETT. Mr. Presi- land, in the U.S. Supreme Court, he of that was totally irrelevant to the dent, Senators, Donald Trump has a lost it. case before us. Whatever you think long history of praising and encour- He lost in courts in Pennsylvania, aging violence, as you saw. He has es- Arizona, Georgia, Michigan, Min- about it, it is irrelevant, and we will be happy, of course, to address the First poused hateful rhetoric himself. He has nesota, Nevada, and Wisconsin. All of not just tolerated it, but he has en- them said the same thing; they Amendment argument too. Ms. COLLINS. Mr. President. couraged hateful speech by others. He couldn’t find any corruption; they The PRESIDENT pro tempore. The has refused, as you saw in the Sep- couldn’t find any fraud, certainly noth- Senator from Maine. tember debate—that interview—to con- ing rising to a material level that Ms. COLLINS. Mr. President, I send a demn extremists and White suprema- would alter the outcome of any of the question to the desk. cist groups, like the Proud Boys, and elections; and there was no unconsti- The PRESIDENT pro tempore. The he has, at every opportunity, encour- tutionality. That is the American sys- question is from Senator COLLINS and aged and cultivated actual violence by tem. Senator MURKOWSKI. It is for the coun- these groups. So, I mean, it is hard to imagine him sel for the former President. Yes, he has encouraged actual vio- having gotten more due process than The clerk will read the question. lence, not just the word ‘‘fight.’’ He that in pursuing what has come to be The legislative clerk read as follows: told groups like the Proud Boys, who known popularly as the big lie, the idea Exactly when did President Trump learn of had beaten people with baseball bats, that somehow the election was being the breach of the Capitol, and what specific to stand by. stolen from him. We have no problem actions did he take to bring the rioting to an When his supporters in the 50-car with the fact that he went to court to end, and when did he take them? Please be as caravan tried to drive a bus of Biden do all those things. detailed as possible. campaign workers off the road, he But notice, No. 1, the big lie was re- Mr. Counsel VAN DER VEEN. Is it tweeted a video of that incident with futed, devastated, and demolished in possible to read the question again? fight music attached to it and wrote: Federal and State courts across the The PRESIDENT pro tempore. The ‘‘I LOVE TEXAS!’’ land, including by eight judges ap- clerk will read the question again. When his supporters sent death pointed by President Donald Trump The legislative clerk read as follows: threats to the Republican Secretary of himself. Exactly when did President Trump learn of State Raffensperger in Georgia, he re- We quoted earlier in the case what the breach of the Capitol, and what specific sponded by calling Mr. Raffensperger happened in Pennsylvania, where U.S. actions did he take to bring the rioting to an an enemy of the state, after he knew of District Court Judge Matthew Brann end, and when did he take them? Please be as those death threats. said: In the United States, this can— detailed as possible. And in the morning of the second that The PRESIDENT pro tempore. Mr. Million MAGA March, when it erupted This Court has been presented with van der Veen. in violence and burned churches, he strained legal arguments without merit and Mr. Counsel VAN DER VEEN. The began that day with the tweet: ‘‘We speculative accusations . . . House Managers have given us abso- In the [United States of America], this have just begun to fight.’’ cannot justify the disenfranchisement of a lutely no evidence, one way or the I want to be clear that Donald Trump single voter, let alone all the voters of its other, on that question. is not on trial for those prior state- sixth most populated state. Our people, laws, We are able to piece together a ments—however as hateful and violent and institutions demand more. timeline, and it goes all the way back and inappropriate as they may be. But

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.027 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S684 CONGRESSIONAL RECORD — SENATE February 12, 2021 his statements, the President’s state- Mr. Counsel CASTOR. Mr. President. send any individuals. We did not hear ments make absolutely clear three im- The PRESIDENT pro tempore. Coun- any tweets. We did not hear him tell portant points for our case. sel is recognized. those individuals: Stop. This is wrong. First, President Trump had a pattern Mr. Counsel CASTOR. Thank you, You must go back. We did not hear and practice of praising and encour- Senators, for that question. That is that. aging violence, never condemning it. It precisely what the 45th President be- So what else did the President do? is not a coincidence that those very lieves this gathering is about. We are unclear. But we believe it was a same people—Proud Boys, organizers of We believe in law and order and trust dereliction of his duty, and that was the Trump caravan, supporters and that the Federal authorities that are because he was the one who had caused speakers of the second Million MAGA conducting investigations and prosecu- them to come to the Capitol, and they March—all showed up on January 6 to tions against the criminals that in- were doing what he asked them to do. an event that he had organized with vaded this building will continue their So there was no need for him to stop those same individuals who had orga- work and be as aggressive and thor- them from what they were engaged in. nized that violent attack. ough as we know them to always be But one of the things I would like to Second, his behavior is different. It is and that they will continue to identify ask is we still have not heard and pose not just that it was a comment by an those that entered the inner sanctum to you all the questions that were official to fight for a cause. This is of our government and desecrated it. raised by Mr. RASKIN, Manager RASKIN, months of cultivating a base of people The 45th President no longer holds in his closing argument: Why did Presi- who were violent—not potentially vio- office, and there is no sanction avail- dent Trump not tell the protesters to lent but were violent—and that their able under the Constitution, in our stop as soon as he learned about it? prior conduct both helped him cul- view, for him to be removed from the Why did President Trump do nothing tivate the very group of people that at- office that he no longer holds. The only to stop the attack for 2 hours after the tacked us; it also shows clearly that he logical conclusion is that the purpose attack began? Why did President had that group assembled, inflamed, of this gathering is to embarrass the Trump do nothing to help protect the and, in all the public reports, ready to 45th President of the United States and Capitol and law enforcement battling attack. He deliberately encouraged in some way try to create an oppor- the insurgents? them to engage in violence on January tunity for Senators to suggest that he You saw the body cam of a Capitol 6. should not be permitted to hold office Police officer at 4:29, still fighting—4:29 President Trump had spent months in the future or, at the very least, pub- after since what time?—1, 2 in the calling supporters to a march on a spe- licize this throughout the land to try afternoon. Why did he not condemn the cific day, at a specific time, for a spe- to damage his ability to run for office violent insurrection on January 6? cific purpose. What else were they when and if he is acquitted and, at the Those are the questions that we going to do to stop the certification of same time, tell the 74 million people have, as well, and the reason this ques- the election on that day but to stop who voted for him that their choice tion keeps coming up is because the an- you—but to stop you physically? There was the wrong choice. swer is nothing. was no other way, particularly after I believe that this is a divisive way of The PRESIDENT pro tempore. Any his Vice President said that he would going about handling impeachment, further questions? refuse to do what the President asked. and it denigrates the great solemnity Mr. ROMNEY. Mr. President. The point is this: that by the time he that should attach to such proceedings. The PRESIDENT pro tempore. The called the cavalry—not calvary but I yield the remainder of my time, Mr. Senator from Utah. cavalry—of his thousands of supporters President. Mr. ROMNEY. I send a question to on January 6, an event he had invited The PRESIDENT pro tempore. The the desk. them to, he had every reason to know Senator from Massachusetts. The PRESIDENT pro tempore. The that they were armed, violent, and Mr. MARKEY. Mr. President, I send a Senator from Utah, Mr. ROMNEY, on be- ready to actually fight. question for the House managers to the half of himself and Senator COLLINS, He knew who he was calling and the desk because the President’s counsel submits a question. violence they were capable of, and he did not answer the question which was The clerk will read the question. still gave his marching orders to go to posed to them. Oh, I apologize. The question is for the Capitol and ‘‘fight like hell’’ to The PRESIDENT pro tempore. The both sides, and the time will be evenly stop the steal. How else was that going Senator will send the question. Debate divided. to happen? If they had stayed at the is not allowed. The legislative clerk read as follows: The question is from Senator MAR- Ellipse, maybe it would have just been When President Trump sent the dispar- to violently—to fight in protest with KEY, with Senator DUCKWORTH, to the aging tweet at 2:24 p.m. regarding Vice Presi- their words. But to come to the Cap- managers on the part of the House of dent Pence, was he aware that the Vice itol? Representatives. President had been removed from the Senate That is why this is different, and that The clerk will read the question. by the Secret Service for his safety? is why he must be convicted and ac- The legislative clerk read as follows: The PRESIDENT pro tempore. The quitted—and disqualified. Exactly when did the President House managers. And time will be Mr. HAGERTY. Mr. President, on be- learn of the breach at the Capitol, and what evenly divided. half of Senator SCOTT of South Caro- steps did he take to address the violence? Mr. Manager RASKIN. I’m sorry. lina and myself, I would like to submit Please be as detailed as possible. Could the question be read again, Mr. a question to the desk. The PRESIDENT pro tempore. Do President. The PRESIDENT pro tempore. The the House managers wish to respond? The PRESIDENT pro tempore. Of Senator from Tennessee submits a Ms. Manager PLASKETT. Yes. Mr. course. question. President, Senators, this attack was on Could the clerk read the question The question is for counsel for the live TV, on all major networks, in again. former President from Senators realtime. The President, as President, The legislative clerk read as follows: HAGERTY and SCOTT of South Carolina. has access to intelligence information, When President Trump sent the dispar- The clerk will read the question. including reports from inside the Cap- aging tweet at 2:24 p.m. regarding Vice Presi- The legislative clerk read as follows: itol. dent Pence, was he aware that the Vice Given that more than 200 people have been He knew the violence that was under- President had been removed from the Senate charged for their conduct at the Capitol on way. He knew the severity of the by the Secret Service for his safety? January 6, that our justice system is work- threats. And, most importantly, he The PRESIDENT pro tempore. The ing to hold the appropriate persons account- knew that Capitol Police were over- House managers are recognized for 21⁄2 able, and that President Trump is no longer in office, isn’t this simply a political show whelmingly outnumbered and in a fight minutes. trial that is designed to discredit President for their lives against thousands of in- Mr. Manager CASTRO of Texas. Trump and his policies and shame the 74 mil- surgents with weapons. We know he Thank you. Well, let me tell you what lion Americans who voted for him? knew that. We know that he did not he said at 2:24 p.m. He said:

VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.028 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S685 Mike Pence didn’t have the courage to do They chose to charge incitement. So Let me also bring something else up. what should have been done to protect our that the question—although answered I will briefly say that defense counsel Country and our Constitution . . . USA de- directly no, it is not really relevant to put a lot of videos out in their defense, mands the truth! the charges for the impeachment in playing clip after clip of Black women And you know by now what was all this case. talking about fighting for a cause or an over the media. You couldn’t turn on And I just wanted to clear up one issue or a policy. It was not lost on me, the television, you couldn’t turn on the more thing. Mr. CASTRO, in his first an- as so many of them were people of radio, you couldn’t consume any media swer, may have misspoke, but what he color and women and Black women, or probably take any phone calls or said was Mr. Trump had said ‘‘fight to Black women like myself, who are sick anything else without hearing about the death.’’ That is false. I am hoping and tired of being sick and tired for our this and also hearing about the Vice he misspoke. children—your children, our children. President. Thank you. This summer, things happened that And here is what Donald Trump had Ms. KLOBUCHAR. Mr. President. were violent, but there were also to know at that time because the The PRESIDENT pro tempore. The things that gave some of us Black whole world knew it. All of us knew it. Senator from Minnesota. women great comfort: seeing Amish Live television had, by this point, Ms. KLOBUCHAR. Mr. President, on people from Pennsylvania standing up shown that the insurgents were already behalf of myself and Senators CASEY with us, Members of Congress fighting inside the building and that they had and BROWN, I send a question to the up with us. And so I thought we were weapons and that the police were out- desk. past that. I think maybe we are not. numbered. The PRESIDENT pro tempore. This There are longstanding consequences, And here are the facts that are not in is a question from Senator KLOBUCHAR, decisions like this that will define who dispute. Donald Trump had not taken Senator CASEY, and Senator BROWN to we are as a people, who America is. We any measures to send help to the over- the House managers. have in this room made monumental whelmed Capitol Police. The clerk will read the question. decisions. You all have made monu- As President, at that point, when you The legislative clerk read as follows: mental decisions. We have declared see all this going on and the people all In presenting your case, you relied on past wars, passed civil rights acts, ensured around you are imploring you to do precedents from impeachment trials, such as that no one in this country is a slave. William Belknap’s impeachment. After what something and your Vice President is Every American has the right to vote, you have presented in the course of this unless you live in a territory. At this there, why wouldn’t you do it? Donald trial, if we do not convict former President Trump had not publicly condemned the Trump, what message will we be sending to time, some of these decisions are even attack, the attackers, or told them to future Presidents and Congresses? controversial, but history has shown stand down despite multiple pleas to do Ms. Manager PLASKETT. As we have that they define us as a country and as so, and Donald Trump hadn’t even ac- shown, President Trump engaged in a a people. Today is one of those mo- knowledged the attack. course of conduct that incited an ments, and history will wait for our de- And, after Wednesday’s trial portion armed attack on the Capitol. He did so cision. Mr. LEE. Mr. President. concluded, Senator TUBERVILLE spoke while seeking to overturn the results of The PRESIDENT pro tempore. The to reporters and confirmed the call the election and thwart the transfer of that he had with the President and did Senator from Utah. power. And when the attack began, he Mr. LEE. I send a question to the not dispute Manager CICILLINE’s de- further incited violence aimed to his scription in any way that there was a desk. own Vice President, even dem- The PRESIDENT pro tempore. The call between he and the President onstrating his state of mind by failing Senator from Utah, Mr. LEE, sends a around the time that Mike Pence was to defend us and the law enforcement question on behalf of himself, Senator being ushered out of the Chamber, and officials who protect us. HAWLEY, Senator CRAPO, Senator that was shortly after 2 p.m. The consequences of his conduct were BLACKBURN, and Senator PORTMAN, and And Senator TUBERVILLE specifically devastating on every level. Police offi- the question is for the counsel for the said that he told the President: Mr. cers were left overwhelmed, unpro- former President. President, they just took the Vice tected. Congress had to be evacuated; The clerk will read the question. President out; I have got to go. our staff barricaded in this building, The legislative clerk read as follows: That was shortly after 2 p.m. There calling their families to say goodbye. Multiple State constitutions enacted prior were still hours of chaos and carnage Some of us, like Mr. RASKIN, had chil- to 1787—namely, the constitutions of Dela- and mayhem, and the Vice President dren here. ware, Virginia, Pennsylvania, and Vermont— and his family were still in danger at And these people in this building, specifically provided for the impeachment of that point. Our Commander in Chief some of whom were on the FBI’s watch a former officer. Given that the Framers of did nothing. list, took photos, stole laptops, de- the U.S. Constitution would have been aware The PRESIDENT pro tempore. Coun- stroyed precious statues, including one of these provisions, does their decision to omit language specifically authorizing the sel for the former President. of John Lewis, desecrated the statue of Mr. Counsel VAN DER VEEN. The impeachment of former officials indicate a recently deceased Member of Con- that they did not intend for our Constitution answer is no. At no point was the gress who stood for nonviolence. to allow for the impeachment of former offi- President informed the Vice President This was devastating. And the world cials? was in any danger. Because the House watched us, and the world is still Mr. Counsel VAN DER VEEN. Good rushed through this impeachment in 7 watching us to see what we will do this question, and the answer is yes, of days with no evidence, there is nothing day and will know what we did this day course they left it out. The Framers at all in the record on this point be- 100 years from now. were very smart men, and they went cause the House failed to do even a Those are the immediate con- over draft after draft after draft on minimum amount of due diligence. sequences, and our actions will rever- that document, and they reviewed all What the President did know is that berate as to what are the future con- the other drafts of all of the State con- there was a violent—there was a vio- sequences. The extremists who at- stitutions, all of them. They picked lent riot happening at the Capitol. tacked the Capitol at the President’s and chose what they wanted, and they That is why he repeatedly called via provocation will be emboldened. All discarded what they did not. What they tweet and via video for the riots to our intelligence agencies have con- discarded was the option for all of you stop, to be peaceful, to respect Capitol firmed this; it is not House managers to impeach a former elected official. Police and law enforcement, and to saying that. They are quite literally I hope that is answering your ques- commit no violence and to go home. standing by and standing ready. Don- tion. Thank you. But to be clear, this is an Article of ald Trump told them: This is only the Mr. PADILLA. Mr. President. Impeachment for incitement; this is beginning. They are waiting and The PRESIDENT pro tempore. The not an Article of Impeachment for any- watching to see if Donald Trump is Senator from California. thing else. It is one count. They could right that everyone said this was to- Mr. PADILLA. Mr. President, I send have charged anything they wanted. tally appropriate. a question to the desk.

VerDate Sep 11 2014 04:47 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.030 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 12, 2021 The PRESIDENT pro tempore. The This is dangerous. He is inciting his record, and I thought that is exactly Senator from California submits a base. He was using the claim of a what he would do. question for the House managers. rigged election. We have never seen But instead, what he did is he came The clerk will read the question. somebody do that over and over and up and illustrated the problem with the The legislative clerk read as follows: over again—tell a lie, say 6 months presentation of the House case. It has Having been on the frontlines of combat- ahead of time that it is a rigged elec- been smoke and mirrors, and, worse, it ting the ‘‘big lie’’ over the past 4 years as tion. has been dishonest. He came up and California’s chief elections officer, it is clear There is a dangerous consequence to tried to cover when he got caught, as that President Trump’s plot to undermine that when you have millions of fol- they were caught earlier today with all the 2020 election was built on lies and con- of the evidence, checking tweets, spiracy theories. How did this plot to uncon- lowers on Twitter and millions of fol- stitutionally keep President Trump in power lowers on Facebook and you have that switching dates—everything they did. lead to the radicalization of so many of huge bully pulpit of the White House And bear in mind, I had 2 days to President Trump’s followers and the result- and you are the President of the United look at their evidence. And when I say ing attack on the Capitol? States. There is a cost to doing that. 2 days, I mean they started putting in Mr. Manager CASTRO. Senators, People are listening to you in a way their evidence. So I started being able Donald Trump spent months inciting that, quite honestly, they are not lis- to get looking at it. That is not the his base to believe that their election tening to me and they are not listening way this should be done. But what we discovered was, he knew was stolen, and that was the point— to all of us in this room. what he was doing. He knew that the that was the thing that would get peo- I just want to clear up—the defense President didn’t say that to his people. ple so angry. Think about that, what it counsel made a point about something What he said was, if it happened to the that I read earlier. The defense counsel would take to get a large group of Democrats, this is what they would do. suggested I misspoke. I just want to thousands of Americans so angry to In his speech that day, you know what storm the Capitol. That was the pur- clarify for the record that the tweet I he said? He said, if this happened to the pose behind Donald Trump saying that referenced—let me read you the tweet Democrats, if the election were stolen the election had been rigged and that directly: from the Democrats, all hell would the election had been stolen. If a Democrat Presidential Candidate had break loose. But he said to his sup- To be clear, when he says the elec- an Election Rigged & Stolen, with proof of porters: We are smarter. We are strong- such acts at a level never seen before, the tion is stolen, what he is saying is that er. And we are not going to do what the victory—and he even says one Democrat Senators would consider it an act of war, and fight to the death. Mitch & the they did all summer long. time, the election victory—has been So what he did was he misrepre- stolen from them. Think about how Republicans do NOTHING, just want to let it pass. NO FIGHT! sented a tweet to you to put forth the significant that is to Americans. So Donald Trump was equating what narrative that is wrong. It is wrong. It Again, you are right, over 70 million— is dishonest, and the American people I think 74 million people voted for Don- Democrats would do if their election was stolen. He said they’d fight to the don’t deserve this any longer. You ald Trump. And this wasn’t a one-off must acquit. death. Why do you think he sent that comment. It wasn’t one time. It was The PRESIDENT pro tempore. The over and over and over and over and tweet? Because he is trying to say: Representative from the House of Rep- Hey, the other side would fight to the over again, with a purpose. resentatives has 21⁄2 minutes. We are not having this impeachment death; so you should fight to the death. Mr. Manager RASKIN. Thank you, trial here because Donald Trump con- I mean, do we read that any other Mr. President. tested the election. As I said during the way? That was profoundly inaccurate and The PRESIDENT pro tempore. The presentation, nobody here wants to irrelevant to what the question is. So I Senator from Missouri. lose an election. We all run our races am going to get back to the question. Mr. HAWLEY. Mr. President, on my to win our elections. But what Presi- So under article II, section 4, a Presi- behalf and the behalf of Senator dent Trump did was different. What our dent who is in office must be convicted CRAMER, I send a question to the desk. before removal and then must be re- Commander in Chief did was the polar The PRESIDENT pro tempore. Sen- opposite of what we are supposed to do. moved before disqualification. ator HAWLEY, on behalf of himself and We let the people decide the elections, OK. But if the President is already Senator CRAMER, sends a question for except President Trump. He directed out of office, then he can be separately the counsel and House managers. And disqualified, as this President is. But all of that rage that he had incited to following our procedure, the first one these powers have always been treated January 6, the last chance—again, to to respond after it is read will be the as separate issues, which is why I think him, this was his last chance. This was counsel for the former President. there have been eight people who have certifying the election results. He The legislative clerk read as follows: been convicted and removed, and just needed to whip up that mob, amp them If the Senate’s power to disqualify is not three of them disqualified. up enough to get out there and try to derivative of the power to remove a con- And, as you know, there is a totally stop the election results, the certifi- victed President from office, could the Sen- separate process within the Senate for cation of the election. And, you all, ate disqualify a sitting President but not re- doing this. The Constitution requires a they took over the Senate Chamber to move him or her? two-thirds vote for conviction. But for do that. They almost took over the Mr. Counsel VAN DER VEEN. Would disqualification, it is a majority vote. House Chamber. There were 50 or so or you read that question again, if you It is a separate thing. So people could more House Members who were lit- would please? vote to convict and then vote not to erally scared for their lives up in the The legislative clerk read as follows: disqualify. If they felt that the evi- Gallery. If the Senate’s power to disqualify is not dence demonstrated the President was A woman who bought into that big derivative of the power to remove a con- guilty of incitement to insurrection, lie died because she believed the Presi- victed President from office, could the Sen- they could vote to convict. If they felt dent’s big lie. This resulted in a loss of ate disqualify a sitting President but not re- they didn’t want to exercise the fur- one of his supporter’s lives. A Capitol move him or her? ther power established by the Constitu- Police officer died that day—other of The PRESIDENT pro tempore. Coun- tion to disqualify, they wouldn’t even President Trump’s supporters. Two sel for the former President has 21⁄2 have to do that. And that could be Capitol Police officers ended up taking minutes. something that is taken up separately their own lives. Mr. Counsel VAN DER VEEN. No. by the Senate and by a majority vote. Defense counsel—their defense is ba- But I can’t let this rest. Mr. CASTRO at- The PRESIDENT pro tempore. The sically everything President Trump did tributed a statement the time before Senator from Massachusetts. is OK, and he could do it again. Is that last that he was up here that Donald Ms. WARREN. Mr. President, I send a what we believe; that there is no prob- Trump had told his people to fight to question to the desk. lem with that, that it is perfectly fine the death. I am not from here. I am not The PRESIDENT pro tempore. The if he does the same thing all over like you guys. I was being very polite Senator from Massachusetts has a again? in giving an opportunity to correct the question for the House managers.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.032 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S687 The clerk will read the question. The PRESIDENT pro tempore. The result, but our system of government has The legislative clerk read as follows: Senator from North Dakota. processes to determine who will be sworn in The defense’s presentation highlighted the Mr. CRAMER. My apologies to the on January 20. The electoral college has spo- fact that Democratic Members of Congress Senator from Massachusetts for ken. raised objections to the counting of electoral butting in. Patriotism. Sometimes, there is a votes in past joint sessions of Congress. To I send a question to the desk for the reason to dispute an election. Some- your knowledge, were any of those Demo- former President’s attorneys. times, the count is close. Sometimes, cratic objections raised after insurrection- The PRESIDENT pro tempore. The we ask for a recount, go to courts. All ists stormed the Capitol in order to prevent of that is appropriate. I lost my first the counting of electoral votes and after the question from Senator CRAMER is for President’s personal lawyer asked Senators the counsel for the former President. election. I stayed in bed for 3 days. We to make these objections specifically to The clerk will read the question. do what we need to do, and we move delay the certification? The legislative clerk read as follows: on. This was not that because, when all Mr. Manager RASKIN. Thank you Given the allegations of the House man- of these people confirmed that Donald very much, Mr. President, for the op- ager that President Trump has tolerated Trump had lost, when the courts, his— portunity to respond to that. anti-Semitic rhetoric, has there been a more his—Department of Justice, State offi- The answer is no, we are not aware pro-Israel President than President Trump? cials, Congress, his Vice President were that any other objections were raised Mr. Counsel VAN DER VEEN. No. ready to commit to the peaceful trans- in the counting of electoral college But it is apparent that nobody listened fer of power—the peaceful transfer of votes, either by Democrats or Repub- to what I said earlier today, because power—Donald Trump was not ready, licans. This has been kind of a proud the vitriolic speech needs to stop. You and we are all here because he was not bipartisan tradition under the electoral need to stop. ready. college because the electoral college is There was nothing funny here, Mr. Day after day, he told his supporters so arcane and has so many rules to it. RASKIN. We aren’t having fun here. false, outlandish claims of why this I think that my cocounsel on the This is about the most miserable expe- election was rigged. Now, let’s be clear: other side had some fun because I was rience I have had down here in Wash- President Trump had absolutely no one of the people who took, I think, ington, DC. There is nothing fun about support of these claims, but that about 30 seconds in 2016 to point out it. wasn’t the point of what he was doing. that the electors from Florida were not And in Philadelphia, where I come He did it to make his supporters frus- actually conforming to the letter of from, when you get caught doctoring trated, to make them angry. the law because they have a rule in the evidence, your case is over, and The PRESIDENT pro tempore. Time Florida that you can’t be a dual office- that is what happened. They got has expired. holder. In other words, you can’t be a caught doctoring the evidence, and this Counsel for the former President is 1 State legislator and also be an elector. case should be over. recognized for 2 ⁄2 minutes. Mr. Counsel VAN DER VEEN. Thank That was improper form. The PRESIDENT pro tempore. The I think then-Vice President Biden Senator from Vermont. you. May I have the question read again properly gaveled me down and said: Mr. SANDERS. Mr. President, I send and not have it count against my time? Look, we are going to try to make the a question to the desk. The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Of electoral college work, and we are course. going to vindicate the will of the peo- Senator from Vermont, Mr. SANDERS, has a question for both the counsel for The clerk will read the question ple. again. And that is pretty much what hap- the former President and the House managers. The legislative clerk read as follows: pened. The House prosecutors have stated over Nobody has stormed the Capitol be- The clerk will read the question, and following our procedure, the House and over again that President Trump was fore or, as Representative CHENEY, the perpetrating a big lie when he repeatedly secretary of the Republican conference managers will go first. claimed that the election was stolen from said, gone out and summoned a mob, The legislative clerk read as follows: him and that he actually won the election by assembled a mob, incited a mob, and lit The House prosecutors have stated over a landslide. a match. As Representative CHENEY and over again that President Trump was Are the prosecutors right when they claim said, all of this goes to the doorstep of perpetrating a big lie when he repeatedly that Trump was telling a big lie or, in your claimed that the election was stolen from judgment, did Trump actually win the elec- the President. None of it would have him and that he actually won the election by tion? happened without him and everything a landslide. The PRESIDENT pro tempore. Coun- is due to his actions. This would not Are the prosecutors right when they claim sel for the former President has 21⁄2 have happened. that Trump was telling a big lie or, in your minutes. That is the chair of the House Repub- judgment, did Trump actually win the elec- tion? Mr. Counsel VAN DER VEEN. Who lican conference, who was the target of asked that? an effort to remove her, which was re- The PRESIDENT pro tempore. The Mr. SANDERS. I did. jected on a vote of by more than 2 to 1 House managers have up to 21⁄2 min- Mr. Counsel VAN DER VEEN. My in the House Republican conference, utes. judgment is irrelevant in this pro- when there was an attempt to remove Ms. Manager PLASKETT. As we all ceeding. It absolutely is. What is sup- her for voting for impeachment and be- know, President Trump did lose the posed to happen here is the Article of coming a leader for vindicating our election by 7 million votes, 306 elec- Impeachment—— constitutional values. toral votes. By the time of the January The PRESIDENT pro tempore. The So please don’t mix up what Repub- 6 attack, the courts, the Justice De- Senate will be in order. licans and Democrats have done, I partment, all 50 States across the Senators, under the rules, cannot think, in every election for a long country had done—agreed that the challenge the content of the response. time, to say there are improprieties votes were counted. The people had Counsel will continue. going on in terms of conforming with spoken, and it was time for the peace- Mr. Counsel VAN DER VEEN. May I State election laws, with the idea of ful transfer of power as our Constitu- have the question read again, please? mobilizing a mob insurrection against tion and the rule of law demands. The legislative clerk read as follows: the government that got 5 people Sixty-one courts—61 courts—the Presi- The House prosecutors have stated over killed, 140 Capitol officers wounded, dent went to. That is fine, appropriate. and over again that President Trump was and threatened the actual peaceful suc- He lost. He lost. He lost the election. perpetrating a big lie when he repeatedly cession of power and transfer of power He lost the court case. claimed that the election was stolen from him and that he actually won the election by in America. As Leader MCCONNELL recognized the a landslide. If you want to talk about reforming day after the electors certified the Are the prosecutors right when they claim the electoral college, we can talk about votes on December 14, he said: that Trump was telling a big lie or, in your reforming the electoral college. You Many millions of us had hoped that the judgment, did Trump actually win the elec- don’t do it by violence. Presidential election would yield a different tion?

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.034 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S688 CONGRESSIONAL RECORD — SENATE February 12, 2021 Mr. Counsel VAN DER VEEN. In my Had the House managers done their The PRESIDENT pro tempore. Sen- judgment, it is irrelevant to the ques- investigation, maybe somebody would ator MERKLEY submits a question for tion before this body. What is relevant have an answer to that, but they the House managers. in this Impeachment Article is, were didn’t. They did zero investigation. The clerk will read the question. Mr. Trump’s words inciteful to the They did nothing. They looked into The legislative clerk read as follows: point of violence and riot? That is the nothing. They read newspaper articles. If a President spins a big lie to anger charge. That is the question; and the They talked to their friends—you Americans and stokes the fury by repeating the lie at event after event and invites vio- answer is, no, he did not have speech know, a TV reporter or something or lent groups to DC the day and hour nec- that was inciteful to violence or riot. something or another. essary to interrupt the electoral college Now, what is important to under- But, Jiminy Cricket, there is no due count and does nothing to stop those groups stand here is the House managers have process in this proceeding at all, and from advancing on the Capitol and fails to completely, from the beginning of this that question highlights the problem. summon the National Guard to protect the case to right now, done everything ex- When you have no due process, you Capitol and then expresses pleasure and de- cept answer that question—the ques- have no clear-cut answers, but we do light that the Capitol was under attack, is tion they brought before you, the ques- the President innocent of inciting an insur- know that there was, I think, a certain rection because in a speech he says ‘‘be tion they want my client to be pun- level of foreseeability. It looks like, peaceful’’? ished by. That is the question that from the information they were pre- The PRESIDENT pro tempore. The should be getting asked. senting, some law enforcement knew House managers have 5 minutes. The answer is, he advocated for that something could be happening. Mr. Manager CASTRO of Texas. You peaceful, patriotic protest. Those are In my presentation, we knew that the all ask a very important question, his words. The House managers have mayor, 2 days before—before—had been which is, given everything that the shown zero—zero—evidence that his offered to have Federal troops or Na- President did leading up to the elec- words did anything else. Remember, all tional Guard deployed, beef up security tion, after the election, and leading up of the evidence is this was premedi- here, and Capitol Police. It was offered. to January 6, all of the incitement of tated; the attack on the Capitol was So somebody had to have an inkling of his supporters, whom he convinced preplanned. It didn’t have anything to something. My question is, Who ig- with a big lie over and over that the do with Mr. Trump in any way, what he nored it and why? If an investigation election had been stolen from them and said on that day on January 6 at that were done, we would know the answer from him, and then once the mob had Ellipse, and that is the issue before to that too. stormed the Capitol, the Vice Presi- this Senate. Thank you. dent was in danger, the Speaker was in Now, on the issue of contesting elec- The PRESIDENT pro tempore. The danger, the Members of the House and tions and the results, the Democrats House managers have 21⁄2 minutes. the Senate and all the staff here—the have a long, long history of just doing Ms. Manager PLASKETT. First, if janitorial staff, the cafeteria workers, that. I hope everybody was able to see defense counsel has exculpatory evi- everybody—and all of the hot rhetoric the video earlier today. Over and over dence, you are welcome to give it to us. that he spoke with and then simply a again, it has been contested. When Mr. We would love to see it. You have had few times said ‘‘stay peaceful’’—re- Trump was elected President, we were an opportunity to give us evidence that member, he said ‘‘stay peaceful’’ when told that it was hijacked. would exculpate the President. Haven’t they had already gotten violent, when The PRESIDENT pro tempore. The seen it yet. they had already brought weapons, former President’s counsel’s 21⁄2 min- Everyone—the defense counsel wants when they had already hurt people. utes has expired. to blame everyone else except the per- What he never said was: Stop the at- The Senator from Wisconsin. son who was most responsible for what tack. Leave the Capitol. Leave imme- Mr. JOHNSON. Mr. President, I send happened on January 6, and that is diately. a question to the desk for both parties. President Trump, Donald Trump. He is Let me be clear. The President’s mes- The PRESIDENT pro tempore. The the person who foresaw this the most sage in that January 6 speech was in- Senator from Wisconsin sends a ques- because he had the reports; he had ac- cendiary. So in the entire speech, tion for both counsel for the former cess to the information. He, as well, which was roughly 1,100 words, he used President and the House managers. had—we all know how he is an avid the word ‘‘peaceful’’ once, and using The clerk will read the question, and cable news watcher. He knew what was the word ‘‘peaceful’’ was the only sug- the counsel for the former President going to happen. He cultivated these gestion of nonviolence. President will have the first 21⁄2 minutes. individuals. These are the undisputed Trump used the word ‘‘fight’’ or ‘‘fight- The legislative clerk read as follows: facts. ing’’ 20 times. The House managers assert that the Janu- The National Guard was not deployed Now, again, consider the context. He ary 6 attack was predictable, and it was fore- until over 2 hours after the attack. I had been telling them a big lie over and seeable. If so, why did it appear that law en- over, getting them amped up, getting forcement at the Capitol were caught off heard reference to Mayor Bowser in the defense’s presentation. Mayor Bowser them angry because an election had guard and unable to prevent the breach? Why been stolen from them. There are thou- did the House Sergeant at Arms reportedly does not have authority over the Cap- sands of people in front of him. Some of turn down a request to activate the National itol or Federal buildings. She could not them are carrying weapons and arms. Guard, stating that he was not comfortable deploy the National Guard to the Cap- They are angry. He is telling them to with the optics? itol. That is outside of the jurisdiction fight. The PRESIDENT pro tempore. Coun- of the Mayor of the District of Colum- sel for the former President is recog- President Trump’s words in that bia. speech, just like the mob’s actions, nized. At no point in that entire day did the were carefully chosen. His words in- Mr. Counsel VAN DER VEEN. Would President of the United States, our you read the question again, please? cited their actions. Now, how do we Commander in Chief, tell anyone—law know this? For months, the President The PRESIDENT pro tempore. The enforcement struggling for their lives, clerk will read the question again. had told his supporters his big lie that insurgents who felt empowered by the the election was rigged, and he used The legislative clerk read as follows: sheer quantity of them, any of us in The House managers assert that the Janu- the lie to urge his supporters not to this building, or the American people— concede and to stop the steal. ary 6 attack was predictable, and it was fore- that he was sending help. seeable. If so, why did it appear that law en- Mr. Manager RASKIN. If you rob a forcement at the Capitol were caught off He did not defend the Capitol. The bank and on the way out the door, you guard and unable to prevent the breach? Why President of the United States did not yell ‘‘respect private property,’’ that is did the House Sergeant at Arms reportedly defend the Capitol of this country. It is not a defense to robbing the bank. turn down a request to activate the National indefensible. The PRESIDENT pro tempore. The Guard, stating that he was not comfortable The PRESIDENT pro tempore. The Senator from Texas. with the optics? Senator from Oregon. Mr. CRUZ. Mr. President, I send a Mr. Counsel VAN DER VEEN. Holy Mr. MERKLEY. Mr. President, I send question to the desk directed at both cow. That is a really good question. a question to the desk. sides.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.037 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S689 The PRESIDENT pro tempore. The Come on, get real. We know that this The Senator from Washington. Senator from Texas has a question for is what happened. Mrs. MURRAY. Mr. President, I send both sides. The second thing is the foreseeability a question to the desk. The clerk will read the question, and of it. Was it foreseeable? Remember The PRESIDENT pro tempore. The the House managers will go first for 21⁄2 Lansing, MI, and everything we showed Senator from Washington, Senator minutes. you. They didn’t mention that, of MURRAY, has a question for the House The legislative clerk read as follows: course. Remember the MAGA 2 march, managers. Out of their 16 hours, the House managers the MAGA 2 rally. They didn’t mention The clerk will read the question. devoted all of 15 minutes to articulating a that. The violence all over the rally, The legislative clerk read as follows: newly created legal standard for incitement: the President cheering it on, delighting At 6:01 p.m. eastern time on January 6, 1, was violence foreseeable; 2, did he encour- in it, reveling in it, exalting in it. President Trump tweeted: age violence; 3, did he do so willfully? Is this Come on. How gullible do you think These are the things that happen when a new standard derived from the Criminal we are? We saw this happen. We just sacred landslide election victory is so Code or any Supreme Court case? spent 11 or 12 hours looking at all that. unceremoniously and viscously stripped While violent riots were raging, KAMALA The PRESIDENT pro tempore. The away from great patriots who have been HARRIS said on national TV: managers’ time has expired. badly and unfairly treated for so long. They’re not gonna let up—and they should Adding for rioters to ‘‘go home with love not. Counsel for the former President has and in peace.’’ 1 And she also raised money to bail out vio- 2 ⁄2 minutes. What is the relevance of this tweet to lent rioters. Mr. Counsel VAN DER VEEN. Sen- President Trump’s guilt? Using the managers’ proposed standard, is ator CRUZ, I believe the first part of there any coherent way for Donald Trump’s The PRESIDENT pro tempore. The your question refers to the newly cre- House managers are recognized for up words to be incitement and KAMALA HARRIS’ ated Raskin doctrine on the First words not to be incitement? to 5 minutes. Amendment, and he just—his answer Mr. Manager CASTRO of Texas. Sen- Mr. Manager RASKIN. Thank you, actually gave you a new one: appro- Mr. President and Senators. ators, this was a key quote and a key priateness. statement by the President that day— I am not familiar with the statement The standard that this body needs to that horrific day. that is being referred to with respect to follow for law is Brandenburg v. Ohio, Remember, the Capitol had been the Vice President, but I find it abso- and the test really—the three-part test stormed. It had been attacked. People lutely unimaginable that Vice Presi- really comes out of Bible Believers v. had yelled, ‘‘Hang Mike Pence.’’ People dent HARRIS would ever incite violence Wayne County, to be specific. The had gone after Speaker PELOSI. People or encourage or promote violence. Ob- speech has to be explicitly or implic- brought baseball bats and other weap- viously, it is completely irrelevant to itly encouraged, the use of ‘‘violence.’’ ons. Many Members of Congress in the the proceeding at hand, and I will allow In other words, it has to be in the Senate and the House were fearful for her to defend herself. words itself, which is—clearly, it is not their own lives. The President’s lawyers are pointing in the words itself. That is step one. The President didn’t call the Na- out that we have never had any situa- They don’t get past it. tional Guard. His own administration tion like this before in the history of Two, the speaker intends that his didn’t list him as somebody who they the United States, and it is true. There speech will result in use of violence or had spoken with to activate the Guard. has never been a President who has en- lawless action. There is no evidence of And he said: couraged a violent insurrection against that, and it is ludicrous to believe that our own government. So we really have that would be true. Remember this day forever. nothing to compare it to. So what we Third, the imminent use of violence So if he was not guilty of inciting in- do in this trial will establish a stand- or lawless action is likely to result surrection, if this is not what he want- ard going forward for all time. from speech. ed, if it wasn’t what he desired, by that Now, there are two theories that Also, they fail on all three points of time the carnage had been on tele- have been put before you, and I think the law as we know it and needs to be vision for hours. He saw what was we have got to get past all of the pica- applied here. going on. Everybody saw what was yune, little critiques that have been of- I don’t know why he said he never going on. fered today about this or that. Let’s heard KAMALA HARRIS say about the If it wasn’t what he wanted, why focus on what is really at stake here. riots and the people rioting and ruining would he have said, ‘‘Remember this The President’s lawyers say, echoing our businesses and our streets that day forever’’? Why commemorate a day the President, his conduct was totally they are not going to let up and they like that, an attack on the U.S. Cap- appropriate; in other words, he would should not because we played it three itol, for God’s sake? Why would you do do it again. Exactly what he did is the times today. We gave it to you in that, unless you agreed that it was new standard for what is allowable for audio, I read it to you, and you got it something to praise, not condemn; him or any other President who gets in video. That is what she said. But it something to hold up and commemo- into office. is protected speech. Her speech is pro- rate? Our point is that his incitement so tected also, Senator. That is the point. No consoling the Nation, no reas- overwhelmed any possible legal stand- You all have protections as elected suring that the Government was se- ard we have that we have got the op- officials, the highest protections under cure, not a single word that entire day portunity now to declare that Presi- the First Amendment, and that First condemning the attack or the dential incitement to violent insurrec- Amendment applies here in this Cham- attackers or the violent insurrection tion against the Capitol and the Con- ber to this proceeding. And that is against Congress. gress is completely forbidden to the what you need to keep focused on. You This tweet is important because it President of the United States under need to keep focused on what is the law shows two key points about Donald the impeachment clauses. and how do we apply it to this set of Trump’s state of mind. First, this was So we set forth for you the elements facts. It is your duty. You can’t get entirely and completely foreseeable, of encouragement of violence, and we caught up in all of the rhetoric and the and he foresaw it, and he helped incite saw it overwhelmingly. We know that facts that are irrelevant. You need to it over many months. he picked the date of that rally. In keep focused on what is the issue be- He’s saying: I told you this was going fact, there was another group that was fore you decided based on the law— to happen if you certified the election going to have a rally at another date, Brandenburg and Bible Believers—and for anyone else besides me, and you got and he got it moved to January 1. He apply it to the facts, and that requires what you deserve for trying to take it synchronized exactly with the time you to look at the words, and there away from me. that we would be in joint session, and were no words of incitement of any And we know this because that state- as Representative CHENEY said: kind. ment was entirely consistent with ev- He summoned that mob, he assembled that The PRESIDENT pro tempore. The erything he said leading up to the at- mob, he incited that mob, he lit the match. counsels’ time has expired. tack.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.039 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S690 CONGRESSIONAL RECORD — SENATE February 12, 2021 Second, this shows that Donald time, and I am sure Mr. Trump very was being hunted down by a mob that Trump intended and reveled in this. much is concerned and was concerned wanted to hang him and was chanting Senators, he reveled in this. He de- for the safety and well-being of Mr. in this building: ‘‘Hang Mike Pence. lighted in it. This is what he wanted. Pence and everybody else who was over Hang Mike Pence.’’ ‘‘Traitor. Traitor. ‘‘Remember this day forever,’’ he here. Traitor.’’ said—not as a day of disgrace, as it is Thank you. The PRESIDENT pro tempore. The to all of us, but as a day of celebration The PRESIDENT pro tempore. The time for the answer is up. and commemoration, and if we let it, if manager on the part of the House of Next question? we don’t hold him accountable and set Representatives has 21⁄2 minutes. The Senator from West Virginia. a strong precedent, possibly a continu- Mr. Manager RASKIN. Thank you, Mr. MANCHIN. Mr. President, I send ation later on. Mr. President. a question to the desk directed to the We will, of course, all of us, remem- Counsel said before: This has been House managers. ber this day but not in the same way my worst experience in Washington. The PRESIDENT pro tempore. The that Donald Trump suggested. We will For that, I guess we are sorry, but, Senator from West Virginia has a ques- remember the bravery of our Capitol man, you should have been here on tion for the House managers. and Metro police forces. We will re- January 6. The clerk will read the question. member the officer who lost his life The counsel for the President keeps The legislative clerk read as follows: and sadly the others who did as well, blaming the House for not having the Would the President be made aware of the and the devastation that was done to evidence that is within the sole posses- FBI and intelligence information of a pos- this country because of Donald Trump. sion of their client, who we invited to sible attack and would the President be re- The PRESIDENT pro tempore. The come and testify last week. sponsible for not preparing to protect the Senator from Louisiana. We sent a letter on February 4. I sent Capitol and all elected officials of govern- Mr. CASSIDY. Mr. President, I send a it directly to President Trump, invit- ment with National Guard and law enforce- ing him to come and to explain and fill ment as he did when he appeared in front of question to the desk. the Saint John’s Episcopal Church? The PRESIDENT pro tempore. The in the gaps of what we know about Ms. Manager PLASKETT. It is the Senator from Louisiana, Mr. CASSIDY, what happened there. And they sent responsibility of the President to has a question for both counsel for the back a contemptuous response just a know. former President and counsel for the few hours later. I think they, maybe, The President of the United States, House. even responded more quickly to my our Commander in Chief, gets daily The clerk will read it, and counsel for letter than President Trump did as briefings on what is happening in the the former President will go first, for Commander in Chief to the invasion country that he has a duty to protect. 21⁄2 minutes, and then the House of and storming of the Capitol of the Additionally, the President would have Representatives will have 21⁄2 minutes. United States. known, just like the rest of us know, The legislative clerk read as follows: But in that letter I said: You know, if you decline this invitation, we reserve all of the reports that were out there Senator TUBERVILLE reports that he spoke and publicly available. to President Trump at 2:15 p.m. He told the all rights, including the right to estab- President that the Vice President had just lish at trial that your refusal to testify How many of you received calls say- evacuated. I presume it was understood at supports a strong adverse inference. ing to be careful on January 6, to be this time that rioters had entered the Cap- What’s that? Well, Justice Scalia was careful that day? itol and threatened the safety of Senators the great champion of it. If you don’t I’m not—I’m seeing reports. It and the Vice President. Even after hearing of testify in a criminal case, it can’t be doesn’t seem safe. How much more this, at 2:24 p.m. President Trump tweeted used against you. Everybody knows would the President of the United that Mike Pence ‘‘lacked courage,’’ and he that. That is the Fifth Amendment States? did not call for law enforcement backup Donald Trump, as our Commander in until then. privilege against self-incrimination. This tweet and lack of response suggests But if it is a civil case and you plead Chief, absolutely had a duty and a President Trump did not care that Vice the Fifth or you don’t show up, then, sworn oath to preserve, protect, and President Pence was endangered, or that law according to Justice Scalia and the defend us and to do the same for the of- enforcement was overwhelmed. Does this rest of the Supreme Court, you can in- ficers under his command. And he was show that President Trump was tolerant of terpret every disputed fact against the not just our Commander in Chief. He the intimidation of Vice President Pence? defendant. That is totally available to incited the attack. The insurgents were The PRESIDENT pro tempore. Coun- us. following his commands, as we saw sel has 21⁄2 minutes. So, for example, if we say the Presi- when we read aloud his tweets attack- Mr. Counsel VAN DER VEEN. Di- dent was missing in action for several ing the Vice President. rectly, no. But I dispute the premise of hours and he was derelict in his duty And with regard to the Vice Presi- your facts. I dispute the facts that are and he deserted his duty as Commander dent, I’m sure they did have a good re- laid out in that question and, unfortu- in Chief, and we say that, as inciter-in- lationship, but we all know what can nately, we are not going to know the chief, he didn’t call this off and they happen to one who has a good relation- answer to the facts in this proceeding say: Oh, no, he was really doing what- ship with the President when you de- because the House did nothing to inves- ever he can. If you are puzzled about cide to do something that he doesn’t tigate what went on. that, you can resolve that dispute— like. I am sure some of you have expe- We are trying to get hearsay from that factual dispute—against the de- rienced that when he turns against you Mr. TUBERVILLE. There was hearsay fendant who refuses to come to a civil after you don’t follow his command. from Mr. LEE—I think it was two proceeding. He will not spend one day You heard from my colleagues that, nights ago—and we ended where Mr. in jail if you convict him. This is not a when planning this attack, the insur- LEE was accused of making a state- criminal proceeding. This is about pre- gents predicted that Donald Trump ment that he never made. But it was a serving the Republic, dear Senate. would command the National Guard to report from a reporter from a friend of That is what this is about—setting help them. Well, he didn’t do much bet- somebody who had some hearsay that standards of conduct for the President ter. He may not have commanded the they heard the night before at a bar of the United States so this never hap- Guard to help them, but it took way, somewhere. I mean, that is really the pens to us again. way too long for him to command the kind of evidence that the House has So rather than yelling at us and Guard to help us. brought before us. And so I have a screaming about how ‘‘we didn’t have This is all connected. We’re talking problem with the facts in the question time’’ to get all of the facts about what about free speech? This was a pattern because I have no idea, and nobody your client did, bring your client up and practice of months of activity. from the House has given us any oppor- here and have him testify under oath That was the incitement. That is the tunity to have any idea. about why he was sending out tweets incitement—the activity he was en- But Mr. Trump and Mr. Pence have denouncing the Vice President of the gaged in for months before January 6, had a very good relationship for a long United States while the Vice President not just the speech on January 6. All of

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.041 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S691 it, in its totality, is a dereliction of It puts us into a position where we And they all called their First Amend- duty of the President of the United are the kind of judicial system and ment arguments frivolous, which they States against the people who elected governing body that we are all very, are. him—all of the people of this country. very afraid of. From what we left hun- Now, they have retreated to the posi- Mr. SULLIVAN. Mr. President. dreds of years ago, and when regimes tion of Brandenburg v. Ohio. They The PRESIDENT pro tempore. The all around this world that endanger want their client to be treated like a Senator from Alaska. us—that is how they act; that is how guy at the mob, I think they said, a Mr. SULLIVAN. Mr. President, I send they conduct themselves: without giv- guy in the crowd who yells something a question to the desk for the former ing the accused due process, taking out. Even on that standard, this group President’s counsel. their liberty, without giving them just of law professors said there is a very The PRESIDENT pro tempore. The a basic fundamental right, under the strong argument that he is guilty even Senator from Alaska, Senator SUL- 5th to the 14th applied to the States, under the strict Brandenburg standard. LIVAN, has a question for the House due process. If you take away due proc- Why? Because he incited imminent, counsel. ess in this country from the accused, if lawless action and he intended to do it The clerk will read the question. you take that away, there will be no and he was likely to cause it. How did The legislative clerk read as follows: justice and nobody, nobody will be safe. we know he was likely to cause it? He Mr. SULLIVAN. Mr. President. But it is patently unfair for the did cause it. They overran the Capitol, The PRESIDENT pro tempore. For House managers to bring an impeach- right? the former President’s counsel. Sorry ment proceeding without any—again, So even if you want to hold the about that. without any investigation at all and President of the United States of Mr. SULLIVAN. Thank you, sir. then stand up here and say: One, they America to that minimal standard and The legislative clerk read as follows: had a chance to bring us evidence; and, forget about his constitutional oath of The House manager said yesterday that two, let’s, let’s, let’s see what we can office, as I said before, that would be a due process is discretionary, meaning the dereliction of legislative duty on our House is not required to provide and, indeed, do about flipping around somebody’s did not provide in this snap impeachment other constitutional rights to having a part if we said all we are going to do is any constitutional protection to a defendant lawyer or to having a—to see the evi- treat the President of the United in the House impeachment proceedings. dence at all. It just gets brought in States like one of the people he sum- What are the implications for our constitu- without anybody, as it was here, with- moned to Washington to commit an in- tional order of this new House precedent out anybody having an opportunity to surrection against us. OK. combined with the Senate’s power to dis- review it beforehand. They actually The President swore to preserve, pro- qualify from public office a private citizen in sent it to us on the 9th, the day after tect, and defend the Constitution of the an impeachment trial? we started this. United States. That is against all The PRESIDENT pro tempore. Coun- So it is a really big problem. The due comers, domestic or foreign. That is sel has 5 minutes. process clause applies to this impeach- what ours says, right? Did he do that? Mr. Counsel VAN DER VEEN. Mr. ment hearing, and it has been severely No. On the contrary. He is like the fire President, that is a complicated ques- and extremely violated. This process is chief. He doesn’t just say: Go ahead tion. Could I have that read again? so unconstitutional because it violates and shout ‘‘fire’’ inside a theater. He The legislative clerk read as follows: due process. I am not even going to get summons the mob and sends the mob The House managers said yesterday that into the jurisdiction part. to go burn the theater down, and when due process is ‘‘discretionary,’’ meaning the The due process part should be people start madly calling him and House is not required to provide, and indeed ringing alarm bells, he watches it on did not provide in this snap impeachment, enough to give anybody who loves our any constitutional protections to a defend- Constitution and loves our country TV. And he takes his sweet time for ant in House impeachment proceedings. great pause to do anything but acquit several hours and turns up the heat on What are the implications for our constitu- Donald Trump. the deputy fire chief, whom he is mad tional order of this new House precedent Thank you. at because he is not making it possible combined with the Senate’s power to dis- The PRESIDENT pro tempore. The for him to pursue his political objec- qualify from public office a private citizen in Senator from Connecticut. tives. an impeachment trial? Mr. BLUMENTHAL. Mr. President, I And then, when we say, ‘‘We don’t Mr. Counsel VAN DER VEEN. Mr. send a question to the desk for the want you to be fire chief ever again,’’ President, well, first of all, due process House managers. he starts crying about the First is never discretionary. Good Lord, the The PRESIDENT pro tempore. The Amendment. Brandenburg was a case Constitution requires that the accused Senator from Connecticut, Senator about a bunch of Klansmen who assem- have the right to due process because BLUMENTHAL, has a question for the bled in a field, and they weren’t near the power that a prosecutor has to take House managers. anybody such that they could actually somebody’s liberty when they are pros- The clerk will read the question. do violent damage to people, but they ecuting them is the ultimate thing The legislative clerk read as follows: said some pretty repulsive, racist that we try to save. Former President Trump and his attorneys things. But the Supreme Court said In this case, just now, in the last 2 have cited the Brandenburg v. Ohio case in they weren’t inciting imminent lawless hours, we have had prosecutorial mis- support of their argument that the First action because you couldn’t have a conduct. What they just tried to do was Amendment protects Trump. Did the Bran- mob, for example, break out, the way say that it is our burden to bring them denburg case prohibit holding public officials that this mob broke out and took over evidence to prove their case, and it is accountable, through the impeachment proc- the Capitol of the United States of not. It is not our burden to bring any ess, for the incitement of violence? America. evidence forward at all. Mr. Manager RASKIN. Thank you, And, by the way, don’t compare him What is the danger? Well, the danger Mr. President, Senators. to one of those Klansmen in the field is pretty obvious. If the majority party So let’s start with the letter of more asserting their First Amendment doesn’t like somebody in the minority than 140 constitutional law professors, rights. Assume that he were the chief party and they are afraid they may which I think they described as par- of police of the town who went down to lose the election or if it is somebody in tisan in nature. That is a slur on the that rally and started calling for, you the majority party and there is a pri- law professors, and I hope that they know, a rally at the city hall and then vate citizen who wants to run against would withdraw that. There are very nurturing that mob, cultivating that somebody in the majority party, well, conservative luminaries on that list, mob, pulling them in over a period of they can simply bring impeachment including the cofounder of the Fed- weeks and days, naming the date and proceedings. And, of course, without eralist Society, Ronald Reagan’s the time and the place, riling them up due process, they are not going to be former Solicitor General, Charles beforehand, and then just say: Be my entitled to a lawyer. They are not Fried; as well as prominent law profes- guest. Go and stop the steal. going to be entitled to have notice of sors across the intellectual, ideolog- Come on. Back to Tom Paine. Use the charges against them. ical, and First Amendment spectrum. your common sense. Use your common

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.042 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S692 CONGRESSIONAL RECORD — SENATE February 12, 2021 sense. That is the standard of proof we In Brandenburg, through—again, for almost 4 years before he incited want. They are already treating their Bible Believers require you to look at this violent insurrection against us, client like he is a criminal defendant. the words of the speech. You actually and he violated his oath of office. That They are talking about beyond a rea- can’t go outside the words of the is what this impeachment trial is sonable doubt. They think that we are speech. You are not allowed to in the about—his violation of his oath of of- making a criminal case here. analysis. fice and his refusal to uphold the law My friends, the former President is So all the time they are trying to and take care that the laws are faith- not going to spend 1 hour or 1 minute spend on tweets going back to 2015 or fully executed. in jail. This is about protecting our Re- everything they want to focus on that Please don’t desecrate the name of public and articulating and defining was said in the hours and the days Julian Bond, a great American, by the standards of Presidential conduct, afterward are not applicable or rel- linking him with this terrible plot and if you want this to be a standard evant to the scholastic inquiry as to against America that just took place in for totally appropriate Presidential how the First Amendment is applied in the storming of the U.S. Capitol. conduct going forward, be my guest, this Chamber in this proceeding. So, I am going to turn it over to my col- but we are headed for a very different again, we need to be focused on what is league Ms. PLASKETT. kind of country at that point. the law and then how do we apply it to Ms. Manager PLASKETT. Thank The PRESIDENT pro tempore. The this set of facts. you. Senator from Kansas. So it is important to have that un- Let’s just be clear. President Trump Mr. MARSHALL. Mr. President, I derstanding that elected officials and summoned the mob, assembled the send a question to the desk. fire chiefs are treated differently under mob, lit the flame. Everything that fol- The PRESIDENT pro tempore. The First Amendment law, and that is to lowed was his doing. Although he could Senator from Kansas, Mr. MARSHALL, the benefit of you all, which is to the have immediately and forcefully inter- has a question for the counsel for the benefit of us all because we do want vened to stop the violence, he didn’t. In former President. other words, this attack would not The clerk will read the question. you to be able to speak freely without have happened without him. The legislative clerk read as follows: fear that the majority party is going to This attack is not about one speech. The House Managers’ single Article of Im- come in and impeach you or come in peachment is centered on the accusation and prosecute you to try to take away Most of you men would not have your that President Trump singularly incited a your seat where you sit now. That is wives with one attempt of talking to crowd into a riot. Didn’t the House man- not what the Constitution says should her. agers’ contradict their own charge by out- be done. (Laughter.) lining the premeditated nature and planning But, yes, they do. They do contradict It took numerous tries. You had to of this event and by also showing the crowd themselves, of course. build it up. That is what the President was gathered at the Capitol even before the Thank you. did as well. He put together the group speech started and barriers were pushed over that would do what he wanted, and some 20 minutes before the conclusion of The PRESIDENT pro tempore. The President Trump’s speech? Senator from Maryland. that was to stop the certification of the election so that he could retain Mr. Counsel VAN DER VEEN. Yes. Mr. VAN HOLLEN. Mr. President, I power to be President of the United The House managers contradicted their send a question to the desk for the States, in contravention of an Amer- own charge by outlining the premedi- House managers. ican election. tated nature and planning of this event The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The and by also showing the crowd gath- Senator from Maryland, Senator VAN Senator from Florida. ered at the Capitol, even before the HOLLEN, has a question for the man- Mr. RUBIO. Mr. President, I send a speech started, and barriers were agers. question to the desk. pushed over some 20 minutes before the The clerk will read the question. The legislative clerk read as follows: The PRESIDENT pro tempore. The conclusion of President Trump’s question is from the Senator from speech. The answer is yes. Would you please respond to the answer Florida, and it is to both sides. And I want to take the rest of my that was just given by the former President’s counsel? The clerk will read the question. The time to go back to the last question be- House managers will go first for the cause it was completely missed by the The PRESIDENT pro tempore. The first 21⁄2 minutes. House managers. House manager will be recognized. Brandenburg v. Ohio is an incitement Mr. Manager RASKIN. Mr. President, The legislative clerk read as follows: case. It is not an elected official case. thank you. Voting to convict the former President That is Wood and Bond. And the whole I am not sure which question the would create a new precedent that a former official can be convicted and disqualified by problem that the House managers have Senator was referring to, but let me quickly just dispense with the coun- the Senate. Therefore, is it not true that in understanding the First Amendment under this new precedent, a future House, argument here is that elected officials sel’s invocation again of Bond v. Floyd. facing partisan pressure to ‘‘Lock her up,’’ are different than anybody else. He is This is a case I know well, and I thank could impeach a former Secretary of State talking about fire chiefs. Fire chiefs him raising it. and a future Senate be forced to put her on are not elected officials. Police officers Julian Bond was a friend of mine. He trial and potentially disqualify from any fu- aren’t elected officials. was a colleague of mine at American ture office? Elected officials have a different, a University. He was a great civil rights The PRESIDENT pro tempore. The higher standard on the holdings that I hero. In his case, he got elected to the House managers go first. gave you—the highest protections, I Georgia State Legislature and was a Mr. Manager RASKIN. Mr. President, should say. It is not a higher standard. member of SNCC, the Student Non- Senators, three quick points here. It is a higher protection to your speech violent Coordinating Committee, the First of all, I don’t know how many because of the importance of political great committee headed up by the times I can say it. The jurisdictional dialogue. Because of what you all say great Bob Moses for a long time. He got issue is over. It is gone. The Senate in your public debate about policy, elected to the Georgia Legislature, and settled it. The Senate entertained ju- about the things that affect all of our they didn’t want to allow him to be risdiction exactly the way it has done lives, that is really important stuff, sworn in. They wouldn’t allow him to since the very beginning of the Repub- and you should be free to talk about take his oath of office because SNCC lic in the Blount case, in the Belknap that in just about any way that you had taken a position against the Viet- case, and you will remember, both of can. nam war. So the Supreme Court said them, former officials. Brandenburg comes into play, from a that was a violation of his First In this case, we have a President who constitutional analysis perspective, Amendment rights not to allow him to committed his crimes against the Re- when you are talking about incite- be sworn in. public while he was in office. He was ment. Is the speech itself inciteful to That is the complete opposite of Don- impeached by the House of Representa- riot or lawlessness—one of the two— ald Trump. Not only was he sworn in tives while he was in office. So the hy- and the answer here is no. on January 20, 2017, he was President pothetical suggested by the gentleman

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.044 S12FEPT1 dlhill on DSK120RN23PROD with SENATE February 12, 2021 CONGRESSIONAL RECORD — SENATE S693 from Florida has no bearing on this other public officials withstood enormous are and if we don’t set a precedent case because I don’t think you are pressure to uphold the lawful election of against it, more Presidents will do this talking about an official who was im- President Biden and the rule of law. What in the future. This will be a green light peached while they were in office for would have happened if these officials had for them to engage in that kind of pres- bowed to the force President Trump exerted conduct that they committed while or the mob that attacked the Capitol? sure and that kind of conduct. they were in office. This could have gone a very different The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The way if those elected officials had bowed counsel for the former President has House managers have 5 minutes. to the intimidation and the pressure of Mr. Manager CASTRO of Texas. I 21⁄2 minutes. the President of the United States. It Mr. Counsel VAN DER VEEN. Thank want to take a minute and remind ev- would have meant that, instead of the you. erybody about the incredible pressure American people deciding this election, Could I have the question read again that Donald Trump was putting on President Trump alone would have de- to make sure I have it right and can election officials in different States in cided this American election. That is answer it directly? this country and the intimidation that exactly what was at stake, and that is The legislative clerk read as follows: he was issuing, and I want to remind exactly what he was trying to do. He Voting to convict the former President everyone of the background of Donald intended, wanted to, and tried to over- would create a new precedent that a former Trump’s call to one secretary of state, turn the election by any means nec- official can be convicted and disqualified by the secretary of state from Georgia, essary. He tried everything else that he the Senate. Therefore, is it not true that Mr. Raffensperger. could do to win. He started inciting the under this new precedent, a future House, Donald Trump tried to overturn the crowd; issuing tweet after tweet; facing partisan pressure to ‘‘Lock her up,’’ election by any means necessary. He issuing commands to stop the count, could impeach a former Secretary of State tried again and again to pressure and stop the steal. He worked up the crowd, and a future Senate be forced to put her on threaten election officials to overturn trial and potentially disqualify from any fu- sent a ‘‘save the date.’’ ture office? the election results. He pressured So it wasn’t just one speech or one Michigan officials, calling them late at Mr. Counsel VAN DER VEEN. If you thing; he was trying everything. He night and hosting them at the White see it their way, yes. If you do this the was pressuring elected officials. He was House. way they want it done, that could hap- riling up his base, telling them the He did the same thing with officials election had been stolen from them, pen to, the example there, a former in Pennsylvania. He called into a local Secretary of State. But it could happen that it had been stolen from him. It meeting of the Pennsylvania Legisla- was a combination of things that only to a lot of people, and that is not the ture, and he also hosted them at the way this is supposed to work. Not only Donald Trump could have done. For us White House, where he pressured them. to believe otherwise is to think that could it happen to a lot of people, it In Georgia, it was even worse. He somehow a rabbit came out of a hat would become much more regular too. sent tweet after tweet attacking the But I want to address that, and I and this mob just showed up here on secretary of state until Mr. want you to be clear on this. Mr. their own, all by themselves. Raffensperger got death threats to him RASKIN can’t tell you on what grounds This is dangerous, Senators, and the and his family. His wife got a text that you acquit. If you believe—even though future of our democracy truly rests in said: there was a vote that there is jurisdic- your hands. tion, if you believe jurisdiction is un- Your husband deserves facing a firing The PRESIDENT pro tempore. The squad. constitutional, you can still believe Senator from Texas. that. If you believe that the House did A firing squad for doing his job. Mr. CORNYN. Mr. President, I send a not give appropriate due process in Mr. Raffensperger stood up to him. question to the desk. this, that can be your reason to acquit. He told the world that elections are the The PRESIDENT pro tempore. The If you don’t think they met their bur- bedrock of this society and the votes Senator from Texas, Mr. CORNYN, has a den in proving incitement, that these were accurately counted for Donald question for both counsel for the words incited the violence, you can ac- Trump’s opponent. former President and the House man- Officials like Mr. Sterling warned quit. Mr. RASKIN doesn’t get to give agers. Trump that if this continued, someone you under what grounds you can ac- The clerk will read the question, and is going to get killed, but Donald quit. So you have to look at what they we will recognize first the counsel for Trump didn’t stop. He escalated it even have put on in its totality and come to the former President. further. He made a personal call. your own understanding as to whether The legislative clerk read as follows: He made a personal call. You heard you think they have met their burden The House managers have argued that if that call because it was recorded. The the Senate cannot convict former officers, to impeach. then the Constitution creates a January ex- But the original question is an abso- President of the United States told the secretary of state that if he does not ception pursuant to which a President is free lutely slippery slope that I don’t really to act with impunity because he is not sub- think anybody here wants to send this find votes, he will face criminal pen- alties. ject to impeachment, conviction, and re- country down. moval and/or disqualification. But isn’t a Thank you. Please, Senators, consider that for a President subject to criminal prosecution Mr. BENNET. Mr. President, I send a second, the President putting all of after he leaves office for acts committed in question to the desk. this public and private pressure on office, even if those acts are committed in The PRESIDENT pro tempore. The elected officials, telling them that they January? Senator from Colorado sends a ques- could face criminal penalties if they Mr. Counsel CASTOR. The Senator tion to the desk. don’t do what he wants. from Texas’s question raises a very, I would note just for the—as the hour And not just any number of votes very important point. There is no such tends to get late, I would note for all that he was looking for—Donald Trump thing as a January exception to im- counsel, as Chief Justice Roberts noted was asking the secretary of state to peachment. There is only the text of on January 21, 2020, citing the trial of somehow find the exact number of the Constitution, which makes very Charles Swayne in 1905, all parties in votes Donald Trump lost the State by. clear that a former President is subject this Chamber must refrain from using Remember, President Biden won Geor- to criminal sanction after his Presi- language that is not conducive to civil gia by 11,779 votes. In his own words, dency for any illegal acts he commits. discourse. President Trump said: There is no January exception to im- The Senator from Colorado, Senator All I want to do is this. I just want to find peachment. There is simply a way we BENNET, has a question for the House 11,780 votes. treat high crimes and misdemeanors managers, and the clerk will read the He wanted the secretary of state to allegedly committed by a President question. somehow find the precise number, plus when he is in office—impeachment— The legislative clerk read as follows: one, of votes that he needed to win. and how we treat criminal behavior by Since the November election, the Georgia As a Congress and as a nation, we a private citizen when they are not in Secretary of State, the Vice President, and cannot be numb to this conduct. If we office.

VerDate Sep 11 2014 03:39 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.045 S12FEPT1 dlhill on DSK120RN23PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 12, 2021 The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The January 6 was a day of fear for those House managers. time is up. who work here in the Capitol and of Mr. Manager RASKIN. Mr. President, Mr. Manager RASKIN. Thank you. sadness for many more watching from Senators, thank you for this excellent The PRESIDENT pro tempore. The afar, but that awful day also intro- question. majority leader. duced our Nation to a group of heroes Wouldn’t a President who decides to Mr. SCHUMER. Mr. President, it is whom we in Congress were already commit his crimes in the last few my understanding that there are no proud to call our colleagues and to weeks in office, like President Trump further questions on either side. whom we owe a great debt. by inciting the insurrection against The PRESIDENT pro tempore. The In the face of lawlessness, the officers the counting of electoral college votes, Republican leader. of the U.S. Capitol lived out the fullest Mr. MCCONNELL. That is correct. I be subject to criminal prosecution by sense of their oaths. If not for the know of no further questions on our the U.S. attorney for the District of quick thinking and bravery of Officer Columbia, for example, the Depart- side. Mr. SCHUMER. I ask unanimous con- Eugene Goodman in particular, people ment of Justice? in this Chamber may not have escaped Well, of course he would be, but that sent that the time for questions and that day unharmed. Officer Goodman’s is true of the President regardless of answers be considered expired. actions reflect a deep personal commit- when he commits his offense in office. The PRESIDENT pro tempore. With- ment to duty and brought even greater In other words, that is an argument for out objection, it is so ordered. prosecuting him if he tried to stage an Mr. SCHUMER. Now, Mr. President, I distinction upon all of the brave broth- insurrection against the Union in his ask unanimous consent that it be in ers and sisters in uniform. So I am third year in office or his second year order for myself and Senator MCCON- proud the Senate has taken this step in office. You could say, well, he could NELL to speak for up to 1 minute each forward, recognizing his heroism with be prosecuted afterwards. and then it be in order for me to make the highest honor we can bestow. The reason that the Framers gave a unanimous consent request as if in (Applause, Senators rising.) Congress—the House the power to im- legislative session. Mr. SCHUMER. Mr. President, as if peach; the Senate the power to try, The PRESIDENT pro tempore. With- in legislative session, I ask unanimous convict, remove, and disqualify, was to out objection, it is so ordered. consent that the Committee on Bank- protect the Republic. It is not a vindic- f ing, Housing, and Urban Affairs be dis- charged from further consideration of tive power. OFFICER EUGENE GOODMAN CON- I know a lot of people are very angry S. 35 and that the Senate proceed to its GRESSIONAL GOLD MEDAL ACT with Donald Trump about these ter- immediate consideration. rible events that took place. We don’t Mr. SCHUMER. Mr. President, in a The PRESIDENT pro tempore. With- come here in anger, contrary to what moment I will ask the Senate to pass out objection, it is so ordered. you heard today. We come here in the legislation that would award Capitol The clerk will report the bill by title. spirit of protecting our Republic, and Police Officer Eugene Goodman the The legislative clerk read as follows: that is what it is all about. But their Congressional Gold Medal. A bill (S. 35) to award a Congressional Gold January exception would essentially In the weeks after the attack on Jan- Medal to Officer Eugene Goodman. invite Presidents and other civil offi- uary 6, the world learned about the in- There being no objection, the com- cers to run rampant in the last few credible, incredible bravery of Officer mittee was discharged and the Senate weeks in office on the theory that the Goodman on that fateful day. proceeded to consider the bill. House and the Senate wouldn’t be able Here in this trial, we saw new video, Mr. SCHUMER. I ask unanimous con- to get it together in time—certainly powerful video showing calmness under sent that the Van Hollen substitute pressure, his courage in the line of according to their demands for months amendment which is at the desk be duty, his foresight in the midst of and months of investigation—wouldn’t considered and agreed to; that the bill, chaos, and his willingness to make be able to get it together in time in as amended, be considered read a third himself a target of the mob’s rage so order to vindicate the Constitution. time and passed; and that the motion That can’t be right. That can’t be that others might reach safety. Officer Goodman is in the Chamber to reconsider be considered made and right. laid upon the table. We know that the peaceful transfer tonight. Officer Goodman, thank you. The PRESIDENT pro tempore. With- of power is always the most dangerous (Applause, Senators rising.) out objection, it is so ordered. moment for democracies around the The PRESIDENT pro tempore. The The amendment (No. 890) in the na- world. Talk to the diplomats. Talk to Republican leader. ture of a substitute was agreed to, as the historians. They will tell you that Mr. SCHUMER. Leader MCCONNELL. follows: is a moment of danger. That is when Mr. MCCONNELL. Oh, I am sorry. [Purpose: In the nature of a substitute] you get the coups. That is when you Mr. SCHUMER. I just want to say I Strike all after the enacting clause and in- get the insurrections. That is when you think we can all agree that Eugene sert the following: get the seditious plots. And you know Goodman deserves the highest honor SECTION 1. SHORT TITLE. what, you don’t even have to read his- Congress can bestow. But before we This Act may be cited as the ‘‘Officer Eu- tory for that. You don’t even have to move to pass this legislation, I want to gene Goodman Congressional Gold Medal consult the Framers. You don’t have to be clear that he was not alone that Act’’. look around the world. It just happened day. The Nation saw and has now seen SEC. 2. FINDINGS. to us. The moment when we were just numerous examples of the heroic con- The Congress finds the following: going to collect the already-certified duct of the Capitol Police, the Metro- (1) On January 6, 2021, the United States electoral college votes from the States politan Police, and the SWAT teams Capitol Building was attacked by armed in- by the popular majorities within each surrectionists. that were with us on January 6 here in (2) Members of the United States Capitol State—except for Maine and Nebraska, the Capitol, protecting us. Our heart- Police force were overrun and insurrection- which do it by congressional district as felt gratitude extends to each and ists breached the Capitol at multiple points. well as statewide, but otherwise, it is every one of them, particularly now as (3) Around 2:14 in the afternoon, United just the popular majorities in the members of the force continue to bear States Capitol Police Officer Eugene Good- States. And we were about to certify it, scars, seen and unseen, from the events man confronted an angry group of insurrec- and we got hit by a violent, insurrec- of that disgraceful day. Let us give tionists who unlawfully entered the Capitol, tionary mob. them all the honor and recognition according to video footage taken by Igor Bobic, a reporter with the Huffington Post. Don’t take our word for it. Listen to they so justly deserve. the tapes, unless they are going to (4) Officer Goodman, alone, delayed the (Applause, Senators rising.) mob’s advance towards the United States claim those are fabricated too. And the The PRESIDENT pro tempore. The Senate Chamber and alerted his fellow offi- people are yelling: ‘‘This is our house Republican leader. cers to the location of the insurrectionists. now’’ and ‘‘Where are the ‘blank’ votes Mr. MCCONNELL. Mr. President, I (5) Upon reaching a second floor corridor, at?’’ and ‘‘Show us the votes,’’ et am pleased to join the majority lead- Officer Goodman noticed the entrance to the cetera. er’s request. Senate Chamber was unguarded.

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