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A NOTE FROM FRED
Today marks the last scheduled public meeting of the House January 6th Committee that is examining former President Trump’s attempted coup, the violent, insurrectionist attack on the Capitol he incited, and the events surrounding his efforts to overturn the 2020 election.
The Committee is expected to announce its findings and recommendations after the November elections.
The Committee, led by Chairman Bennie Thompson (D-MS) and Vice Chair Liz Cheney (R-WY), has done an outstanding job in revealing explosive new evidence and skillfully telling the story about the actions of Trump and his collaborators during the post-presidential election period.
This included the Committee exploring the potential crimes that may have been committed in the coup attempt and the January 6 attack. These potential crimes are captured in a series of Criminal Evidence Tracker reports published by Just Security and prepared by Democracy 21, Amb. Norman Eisen (ret.), and CREW.
The Committee hearings revealed, for example, that when Trump incited his followers to march to Capitol Hill he knew he was sending an armed mob to Congress to prevent the counting of the electoral votes that would declare Biden the next President.
The hearings revealed that Trump endangered the safety of Vice President Pence and his family on January 6 by tweeting criticism of Pence, which unleashed the mob to go after Pence, chanting “hang Mike Pence.” They also revealed that Trump watched the riots unfold on television for hours without lifting a finger to protect the Vice President, his family, or Members of Congress, despite pleas from Trump family members, White House advisors, and Republican congressional leaders.
The hearings revealed Trump’s devious scheme to name a Justice Department minion as the new Attorney General who then planned to send letters to Trump-friendly state legislatures alleging widespread fraud in their states – without a shred of evidence.
The proposed letters would urge these friendly state legislatures to exploit the “failed choice” loophole in antiquated 19th-century laws and substitute their own Trump presidential electors for the Biden electors that had been chosen by the voters on Election Day.
Trump’s own top Justice Department officials killed this scheme to steal the presidency.
But an attempt could happen again, as early as the 2024 election, unless the dangerous “failed choice” loophole is closed.
The Electoral Count Reform Act (ECRA) currently pending in the Senate would close this loophole. Reform legislation, similar to the ECRA, passed the House last month and with 16 Senate Republicans as co-sponsors, the ECRA is expected to be voted on by the Senate in the upcoming lame duck session.
Some argue that even with the loophole closed, if the Supreme Court adopts the so-called “independent state legislature theory” in the pending Moore v. Harper case, this will override the ECRA and empower a state legislature to reject the choice of voters for President in their state and appoint their own presidential electors. That argument is wrong.
This excellent article by Protect Democracy explains the issue.
A major question remaining for the Jan. 6th Committee is whether they will make a referral to the Justice Department for the Department to investigate potential criminal violations by former President Trump based on the public record developed by the Committee.
Regardless of whether they do, however, the DOJ is apparently investigating possible criminal conduct by Trump in both the circumstances surrounding his coup attempt and his improper holding of classified documents at Mar-a-Lago, including his potential obstruction of justice in the matter.
In the end, Attorney General Merrick Garland is ultimately responsible for deciding whether the Justice Department will move forward to indict and prosecute Trump for criminal violations of federal law.
A new analysis in The Atlantic suggests that it is inevitable that the careful and cautious Garland will “make the most monumental decision an attorney general can make” and indict Trump.
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"MUST SEE" TV
JAN. 6TH COMMITTEE HEARING
THURSDAY, OCTOBER 13 at 1:00 p.m. Eastern
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JAN. 6 INSURRECTION
Jan. 6 Committee To Argue In Upcoming Hearing: Trump Remains A “Clear And Present Danger”
Rep. Jamie Raskin (D-MD): “This is not ancient history we’re talking about, this is a continuing threat,” via CNN.
New Evidence To Show Trump Was Repeatedly Warned Of Violence On Jan. 6, But “Still Sought To Stoke The Conflict,” via The Washington Post.
Jan. 6 Committee To Describe Lingering Trump Threat, via Politico.
5 Big Questions Left For The Jan. 6 Committee, via The Washington Post.
TRUMPWATCH
Trump Sees Hate As A Civic Good
“The scale and nature of the investigations that he’s facing now are more significant than almost anything else he has faced,” Maggie Haberman, author of Confidence Man says. Though all three investigations pose a threat, Trump seems most concerned with the Mar-a-Lago documents case, via Fresh Air.
Justice Dept. Asks Court To Deny Trump Plea Over FBI Mar-a-Lago Search, via Associated Press.
Trump Worker Told FBI About Moving Mar-A-Lago Boxes On Ex-President’s Orders
“Key witness and security-camera footage offer evidence of Trump’s actions after government subpoena,” via The Washington Post.
National Archives Confirms: Trump’s Lying About Records (Again), via MSNBC.
Trump’s Obstruction Of Justice, From Mueller To Now, via Lawfare.
Lawyers Group Asks Court To Punish An Author Of Trump Electors Scheme
“An ethics complaint in New York against Kenneth Chesebro is the latest example of legal troubles for lawyers who helped Donald J. Trump try to overturn the 2020 election,” via The New York Times.
How Trump’s Legal Expenses Consumed GOP Donor Money
Donors, said one GOP fundraiser, are being “told they’re pitching in for a fight against Democrats” but are instead “helping Trump fight off his legal problems,” via The Washington Post.
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🚨 WARNING OF THE WEEK 🚨
The Roberts Court Should End Its Assault On The Voting Rights Act
Judging from last week’s oral arguments, the Supreme Court “might well weaken the act further, based on an implausible reading of the law, with potentially dire consequences. … A further assault on the Voting Rights Act would undermine both the intent of a law that was a signature achievement of the civil rights era and the meaningful participation of all Americans in the democratic system.”
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MIDTERMS, MONEY, AND MORE
Why Little-Noticed State Legislative Races Could Be Hugely Consequential
“Races in state legislatures are often quiet and turn on local issues like roads or schools. But a Supreme Court case could give these legislative bodies nearly absolute power over federal elections,” via The New York Times.
Democracy On The Ballot — How Many Election Deniers Are On The Ballot And What Is Their Likelihood Of Success? via Brookings.
Election Workers Face An Obstacle Course To Reach The Midterms
“Officials coordinating the November vote vow to be ready. But lawsuits, demands for voting records and unbending believers that elections are rigged are making it harder,” via The New York Times.
Meet The 10 Biggest Megadonors For The 2022 Midterms
“Democrats have the biggest spender, but Republicans get most of the top megadonors’ money,” via MarketWatch.
Key Senate Races Tighten With A Flood Of GOP Ad Spending, via National Public Radio.
The Billionaires Funding The Battle For Control Of The House, via Forbes.
Voters In Some Key Swing States To Decide On Voting Access, via Associated Press.
Dark Money Drives Elections In Unhealthy Secrecy, via The Buffalo News editorial board.
Want To Know What Message Midterm Candidates Think Will Win? Follow The Money, via National Public Radio.
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