Today (1:00 pm EST) starts the 7th public hearing of the January 6 Committee
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- Ten of the biggest things we’ve learned from the Jan. 6 hearings
Trump ignored the advice of aides in prematurely claiming victory
Some in Trump’s orbit, including Ivanka, “accepted” there was no voter fraud
Giuliani acknowledged lack of “evidence”
Legal architect acknowledged basis to unwind election was bankrupt
The Trump team saw a benefit to working with outsiders
Trump knew there were weapons in the crowd on Jan. 6
White House lawyers worried about legal exposure of Trump’s speech, march plans
Trump thought Pence ‘deserved it,’ didn’t want to take action on Jan. 6
Numerous lawmakers and Trump associates asked for pardons in connection with Jan. 6
Witnesses received messages apparently seeking to influence their testimony
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A federal judge on Monday declined to delay the upcoming trial of Steve Bannon, a one-time adviser to former President Donald Trump who faces contempt of Congress charges after refusing for months to cooperate with the House committee investigating the Jan. 6 Capitol insurrection.
Bannon is still scheduled to go on trial next week despite telling the House committee late Saturday that he is now prepared to testify. It’s unclear whether Bannon will again decline to appear before the committee with the trial pending.
Bannon was also barred from asserting several potential defenses or calling House Speaker Nancy Pelosi or members of the House committee to the stand. The series of rulings by U.S. District Judge Carl Nichols left one of his attorneys complaining that the one-time White House senior official, now host of the “Bannon’s War Room” podcast, wouldn’t be able to defend himself at all.
Barring an appeals court ruling or another delay, the trial will begin as the committee continues its series of high-profile hearings into the riot. Testimony by former White House aides has revealed new allegations that Trump knew the crowd was heavily armed and that he tried to join the people marching to the Capitol.
Nichols also barred Bannon’s attorneys from arguing that the committee violated House rules in demanding Bannon’s appearance or that Bannon defied the subpoena on the advice of his defense counsel or at Trump’s order.
And Nichols declined to delay the trial from its current start on July 18, saying any concerns about pretrial publicity due to the committee’s hearings could be addressed during jury selection. If it proves impossible to pick an unbiased jury, the judge said he would reconsider granting a delay.
Bannon could potentially argue he thought the deadline to respond to the subpoena may not have been “operative” or that the date to respond could have been moved, Nichols said.
The rulings led one of Bannon’s attorneys, David Schoen, to speak out in frustration as he sought clarification from the judge.
“What’s the point of going to trial here if there are no defenses?” Schoen asked.
“Agreed,” Nichols responded.
Bannon did not appear in court Monday. Speaking to reporters outside the courthouse, Schoen said he questioned whether Bannon could effectively defend himself given Nichols’ rulings and hinted he would appeal.
“He’s the judge,” Schoen said of Nichols. “That’s why they have a court of appeals.”
The 68-year-old Bannon had been one of the highest-profile Trump-allied holdouts in refusing to testify before the committee, leading to two criminal counts of contempt of Congress last year for resisting the committee’s subpoena. He previously argued that his testimony is protected by Trump’s claim of executive privilege. The committee contends such a claim is dubious because Trump had fired Bannon from the White House in 2017 and Bannon was thus a private citizen when he was consulting with the then-president in the run-up to the riot on Jan. 6, 2021.
Bannon was indicted in November on two counts of criminal contempt of Congress, one month after the Justice Department received a congressional referral. Each count carries a minimum of 30 days of jail and as long as a year behind bars.
Speaking to reporters after his arrest, Bannon said he was “taking on the Biden regime” and added, “This is going to be a misdemeanor from hell for Merrick Garland, Nancy Pelosi and Joe Biden.”
But Bannon contacted the committee over the weekend after Trump issued a letter saying he would waive any claim of executive privilege to testify before what the former president called an “unselect committee of political thugs and hacks.”
Federal prosecutors argued Monday that Bannon’s new offer to appear wouldn’t change any criminal offense committed by not appearing earlier. Randall Eliason, a former prosecutor who now teaches law at George Washington University, agreed with that view.
“This is a criminal contempt,” Eliason said. “You can’t erase the charge by deciding to show up later.”
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The House committee investigating last year’s Capitol rampage will soon turn its gaze to the role played by far-right extremists, examining not only the influence of nationalist networks in carrying out the attack but also what coordination, if any, the Trump White House had with those groups leading up to the violence.
The panel’s investigators have already teased the potential connection between former President Trump and the ring-wing extremists who stormed the Capitol on Jan. 6, 2021, using last month’s public hearing with a former West Wing aide to suggest direct links between some of Trump’s closest allies and leaders of several prominent nationalist groups now accused of spearheading the attack.
Heading into the next hearing on Tuesday, members of the panel are already promising to reveal previously undisclosed information they say will substantiate those ties.
“We will be connecting the dots, as people know,” Rep. Zoe Lofgren (D-Calif.), a member of the select committee, told MSNBC on Thursday. “This wasn’t just an event that unfolded. It was planned. Who did the planning, and who were they connected with? How did it unfold?”
The cast of characters the committee has already implicated in the scheme to overturn the election results reads like a who’s who of Trump’s inner circle.
It includes John Eastman and Rudy Giuliani, two legal advisers to the former president who set up a “war room” at a Washington hotel on Jan. 5; Michael Flynn and Roger Stone, two allies in the “Stop the Steal” movement who were indicted for unrelated crimes but pardoned by Trump; and Mark Meadows, Trump’s former chief of staff who was acting as a liaison between Trump and the other four men, according to Cassidy Hutchinson, a former senior Meadows aide who testified before the select committee on June 28.
On the periphery were the extremist groups, including the Proud Boys and the Oath Keepers, that gathered in Washington on Jan. 6 as part of Trump’s effort to overturn his election defeat.
The lines between the two worlds form a complex matrix, and the committee has not yet demonstrated direct connections between the Trump confidantes and the extremist groups that were on the front lines of the violence at the Capitol.
Yet Rep. Jamie Raskin (D-Md.), a constitutional lawyer who sits on the select committee, has promised to dig into those associations when he leads the questioning, along with Rep. Stephanie Murphy (D-Fla.), at Tuesday’s hearing. And outside experts who monitor hate groups are eager to see what turns up.
“If coordination did exist, what form did it take? Who were the conduits for information?” said Cassie Miller, senior research analyst at the Southern Poverty Law Center, which tracks extremist groups of all stripes around the country.
“But we should also recognize that formal coordination wasn’t necessary for Trump to impact the actions of groups like the Proud Boys during the months leading up to the insurrection or during the day itself,” Miller quickly added. “This is a group that has long wanted to act as the foot soldiers for Trumpism, and the Stop the Steal movement and insurrection gave them the opportunity to do so.”
Some connections between Trump’s associates and the far-right groups had been established long before the select committee began a series of public hearings last month.
Both Flynn and Stone, for instance, have long been known to use security details provided by far-right groups, including the Proud Boys, Oath Keepers and 1st Amendment Praetorian, which had protected Flynn during an election protest in Washington in mid-December. Stone had rallied with Proud Boys leaders, including Chairman Enrique Tarrio, at a similar protest the same month and was reportedly protected by members of the Oath Keepers at the Capitol on Jan. 6.
While neither Stone nor Flynn was a part of the Trump campaign or administration on Jan. 6, the investigation has turned up a direct link.
On. Jan. 5, Hutchinson told investigators, Trump asked Meadows to contact Stone and Flynn about their plans for the following day, when Congress would convene to certify President Biden’s election victory. She said she is “under the impression” that Meadows spoke with both men but had no indication of what was said.
Meadows has declined to speak with the investigators, even under subpoena, leading the House to hold him in contempt of Congress.
Hutchinson also testified about the West Wing’s interest in a meeting of Trump allies at the Willard Hotel, a posh locale near the White House, on the evening of Jan. 5. That gathering was attended by Eastman and Giuliani, among others, she said, and Meadows had sought to join them there. Hutchinson told Meadows it was a bad idea, she testified, and Meadows ultimately phoned into the meeting instead.
Hutchinson suggested that Giuliani was also associating with the extremist groups.
“I recall hearing the word ‘Oath Keeper’ and hearing the word ‘Proud Boys’ closer to the planning of the Jan. 6 rally when Mr. Giuliani would be around,” Hutchinson said.
Rachel Kleinfeld, a senior fellow at the Carnegie Endowment for International Peace, said the Trump campaign was courting militia groups since the very beginning, praising their attendance at rallies as they increasingly became part of the security at events.
Those callouts would get more specific over time, including a message to the Proud Boys to “stand back and stand by” at a debate during the 2020 election cycle.
“Trump knew that militia groups liked him, were highly supportive of him and were willing to protect him and were willing to offer themselves to protect him. He knew that he could mobilize those groups through tweets and through callouts, like the ‘stand back and stand by,’ which the Proud Boys [documentarian] at the first hearing said tripled their membership,” Kleinfeld said.
Both Stone and Flynn spoke with the committee’s investigators only to plead the Fifth numerous times. The committee has shown little of those filmed depositions beyond a clip of Flynn declining to answer whether he believes in the peaceful transfer of power.
Documentary footage reviewed by The Washington Post earlier this year shows a member of the Oath Keepers, later indicted for seditious conspiracy, in Stone’s suite at the Willard Hotel on the morning of Jan. 6. The video also showed Stone using an encrypted messaging app to talk with Tarrio and with Stewart Rhodes, the head of the Oath Keepers, later that month.
Both Tarrio and Rhodes have been indicted, along with other members of their respective groups, on charges of seditious conspiracy for their role in the Capitol attack. If convicted, they face up to 20 years in prison.
Kleinfeld said that even if there is no evidence of direct contact between Trump and the extremists, the former president’s success in mobilizing those groups was a major factor leading to the violence at the Capitol.
“It’s not that Trump was calling the Oath Keepers — although Roger Stone may have been,” she said. “It is that Trump or the Trump campaign was organizing this response so that it was ready and so that it could pressure Republicans who wouldn’t do his bidding and ultimately pressure actors who [were needed] to carry out one part or another of this plan.”
“As all the different dominoes kept falling and his plan wasn’t working,” she added, “this was the last-ditch effort for Jan. 6.”
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- Raskin: Jan. 6 panel to highlight voting machine seizure meeting
Rep. Jamie Raskin (D-Md.), a member of the House committee investigating the Jan. 6, 2011 attack on the Capitol, said on Sunday that the panel in an upcoming hearing will focus on a White House meeting during which allies of former President Trump reportedly proposed seizing voting machines.
“One of the things that people are going to learn is the fundamental importance of a meeting that took place in the White House on December the 18th,” Raskin told CBS “Face the Nation” guest moderator Robert Costa.
Attorney Sidney Powell, former Trump National Security Adviser Michael Flynn and others reportedly met with Trump on that day to discuss a proposal for the military to seize voting machines as part of the group’s effort to overturn the 2020 presidential election results.
Politico in January published a draft executive order that spelled out the proposal, which the outlet reported would have also given the Defense secretary 60 days to write an assessment of the election potentially as part of a scheme to keep Trump in power past Inauguration Day.
“On that day, the group of outside lawyers who’ve been denominated ‘Team Crazy’ by people in and around the White House came in to try to urge several new courses of action, including the seizure of voting machines around the country,” Raskin said on Sunday, adding that former Trump attorney Rudy Giuliani was also involved in parts of the discussion.
“Against this ‘Team Crazy’ were an inside group of lawyers who essentially wanted the president at that point to acknowledge that he had lost the election and were far more willing to accept the reality of his defeat at that point,” he added.
The committee on Friday heard testimony from former Trump White House Counsel Pat Cipollone, who other witnesses have described as opposing many of the former president’s actions surrounding the Capitol riot.
Raskin and other members of the panel said on Sunday they are planning to leverage Cipollone’s testimony in its upcoming hearings, but Raskin declined to say who would appear in person as witnesses.
The panel is slated to hold its next hearing on Tuesday morning.
“There will be other witnesses, and I’m afraid I’m not authorized to disclose who those witnesses are at this point,” Raskin said. https://thehill.com/policy/national-...izure-meeting/
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- Cipollone asserted executive privilege to some January 6 committee questions
Former Trump White House counsel Pat Cipollone invoked executive privilege in his closed-door interview Friday with the House select committee investigating the January 6, 2021, attack on the US Capitol despite the panel's attempts to pose questions that would not have required such a response, according to a person familiar with the interview.
Cipollone, who had previously expressed concerns to the committee about interview questions that might have required him to invoke executive privilege, testified before the committee Friday under a subpoena.
A House select committee spokesperson told CNN the panel's interview with Cipollone was productive but said there was no agreement made to restrict any questions to avoid potential issues with executive privilege.
"In our interview with Mr. Cipollone, the Committee received critical testimony on nearly every major topic in its investigation, reinforcing key points regarding Donald Trump's misconduct and providing highly relevant new information that will play a central role in its upcoming hearings. This includes information demonstrating Donald Trump's supreme dereliction of duty. The testimony also corroborated key elements of Cassidy Hutchinson's testimony. Allegations of some pre-interview agreement to limit Cipillone's testimony are completely false," committee spokesperson Tim Mulvey said.
Hutchinson, who was an aide to former Trump White House chief of staff Mark Meadows, testified before the January 6 committee last month in a blockbuster hearing in which she described her experience at the White House as someone close to then-President Donald Trump's inner circle in the days leading up to and including the Capitol Hill riot.
The select committee on Friday also asked Cipollone a series of questions about pardons, including potential pardons for the Trump family and whether Trump wanted to pardon himself, the person familiar said.
Cipollone told the committee that he didn't believe the 2020 election was stolen but that he thinks Trump did and still does hold that belief, according to the source.
The committee also questioned Cipollone about the pressure campaign toward then-Vice President Mike Pence around his ability to potentially not certify the 2020 election results while presiding over the joint session of Congress on January 6, the source said.
Earlier Friday, three different sources familiar with Cipollone's testimony characterized it as very important and extremely helpful and told CNN it will become evident in upcoming public committee hearings.
The interview was recorded on video and could be featured at upcoming hearings, including one on Tuesday that will focus on how the violent mob came together and the role of extremist groups, as well as another hearing -- which hasn't yet been scheduled -- on the 187 minutes of Trump's inaction as rioters stormed the US Capitol. https://edition.cnn.com/2022/07/09/p...ege/index.html
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- Riot suspect who accused Democrats of ‘treason’ to testify before Jan. 6 committee
The House panel investigating the Jan. 6, 2021 insurrection at the Capitol will hear testimony Tuesday from a riot suspect who accused President Biden of “treason” and warned of “civil war” if President Trump did not stay in power.
Stephen Ayres of Warren, Ohio, admitted to illegally entering the Capitol on Jan. 6 to protest the certification of the 2020 presidential election, according to ABC News reporting.
“Mainstream media, social media, Democrat party, FISA courts, Chief Justice John Roberts, Joe Biden, Nancy Pelosi, etc….all have committed TREASON against a sitting U.S. president!!! All are now put on notice by ‘We The People!'” Ayres reportedly wrote on Facebook shortly before heading to D.C..
Ayres also shared on Facebook a Dec. 19, 2021 tweet from then-President Trump that is expected to be a major focus of Tuesday’s hearing.
“Big protest in D.C. on January 6th,” Trump wrote in the Tweet. “Be there, will be wild!”
In another message, Ayres allegedly wrote: “If the [deep state] robs president Trump!!! Civil War will ensue!”
The commitee will also hear Tuesday from a former spokesperson for the far-right militia group Oath Keepers, Jason Van Tatenhove, as it examines extremist groups’ role in the riots.
Van Tatenhove said in a post on the website of his podcast, the Colorado Switchblade, that his testimony would give the committee “a historical overview of the Oath Keepers and violent militias.” https://thehill.com/policy/national-...mittee-report/