‘Fatal Mistake’: Democrats Blame Justice Department As Trump Escapes Accountability For Jan. 6

After a mob of his supporters attacked the US Capitol on January 6, 2021, it looked like Donald Trump’s political career was over.

Democrats and Republicans alike blamed Trump for inciting the attack, and he only escaped conviction at his Senate impeachment trial — which would have barred him from the presidency forever — because Republican senators insisted it was too late to convict a president who had already left office.

Besides, then-Senate Majority Leader Mitch McConnell argued at the time, Trump would face another kind of reckoning.

“We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one,” McConnell said.

That never happened, and many Democrats are ready to place the blame on one man: Attorney General Merrick Garland. They argue he waited too long to appoint a special prosecutor, which allowed Trump and his legal team to stall the case long enough for Trump to win the presidency a second time. Garland made the appointment in November 2022, saying he’d done so partly because Trump had just formalised his bid for the presidency.

The announcement also followed a series of high-profile public hearings by a bipartisan House committee airing the evidence against the former president.

“Garland only started the prosecution after he was in effect forced to by the report of the January 6 committee and the criminal referral,” former House Judiciary Committee chair Jerrold Nadler told HuffPost. “The evidence the January 6 committee used was available from the beginning.”

“Had they proceeded with those prosecutions, I think he would have been convicted and we’d have a different president now,” Nadler said. “Merrick Garland wasted a year.”

Nadler is not alone in thinking so. The Washington Post reported last month that President Joe Biden has expressed regret about picking Garland, believing the nation’s top law enforcement officer took too long to pursue Trump after January 6.

Representatives Bennie Thompson and Zoe Lofgren, members of the January 6 committee, also told HuffPost they thought Garland waited too long.

“I didn’t realise that they were not looking at the whole picture,” Lofgren said. “I think they were taking a look at the foot soldiers.”

While the Justice Department indicted Trump for the mob attack on the Capitol and other crimes related to his attempt to overturn the 2020 election, it did not do so until August 2023, long after the Republican Party had purged most members who spoke out against Trump.

A Supreme Court decision relating to presidential immunity created further delays, and ultimately, Trump won the 2024 election before the case could finish up and he could stand trial. Since longstanding Justice Department policy bars prosecuting a sitting president, the Department of Justice dropped the case after Trump’s November victory, allowing him to escape responsibility and walk back into the White House.

Garland reportedly told prosecutors early on in 2021 that they could pursue cases against people involved in the January 6 riot wherever the evidence led, even if it implicated the former president. But it turned out investigators couldn’t pinpoint financial ties between Trump and key players on the ground.

Prosecutors apparently did not initially consider building a case out of Trump’s public election-fraud lies, or his well-publicised efforts to coerce various officials into undoing the 2020 election, including his demand during a phone call that Georgia’s secretary of state fraudulently “find” him 11,000 votes. Details of the call became public within a day. That material became a key component of special counsel Jack Smith’s eventual case.

Still, it was likely inevitable that if the Justice Department prosecuted a former president, the Supreme Court could get involved to settle questions of presidential immunity that Trump would raise in court. It’s possible that even if the Justice Department had acted swiftly, appeals to the Supreme Court could have bogged the case for years.

The Justice Department declined to comment for this story.

Trump is now expected to continue his efforts to rewrite history by following through on pardons for those who participated in the attack ― whom he has hailed as “heroes” and “patriots” ― after his swearing-in on Jan. 20 at the East Front of the Capitol, the very scene of the crime.

Democrat Senator Adam Schiff, who served on the House select committee that investigated the attack, said the Justice Department “moved with expedition when it came to the people who broke into the building, but were those at a higher level, they waited almost a year on.”

“That was a fatal mistake,” he added.

Federal prosecutors have secured more than 1,000 convictions so far relating to the Jan. 6 attack, and more than 600 rioters have been sentenced to prison, with terms ranging from a few days behind bars to 22 years in federal prison for the head of the Proud Boys.

Still, when it comes to the person who spread dangerous lies about the 2020 presidential election, and who urged hundreds of his supporters to march on the Capitol in protest of Biden’s electoral certification, the same cannot be said.

“I think the department was so focused on being kind of by the book, and being so clear that there wasn’t any political interference,” said Democrat Senator Tina Smith. “I really worry that, you know, he’ll become president, and he’s going to pardon a bunch of people and [a] great sort of whitewashing of what happened will continue.”

Other Democrats were more charitable toward the Justice Department, noting that ― unfairly or not ― Trump was reelected with a popular-vote win over Vice President Kamala Harris even in spite of his role in the Jan. 6 attack and his efforts to fraudulently overturn an election.

“This isn’t about the DOJ. This is about Trump being successful in rewriting history,” Senator Peter Welch said. “He’s validated the folks who attacked the Capitol, and I don’t think a month earlier, a month later, six months earlier, that would have made a difference.”

“The reality is the American people reelected him after that. Who would have thought that?” Welch added. “Trump insisted that this was a peaceful demonstration, continued to insist that the election was stolen, he hasn’t backed down from that at all ― and he got reelected.”

Trump’s reelection, however, largely happened despite the American public’s disapproval of his behavior on January 6. Roughly two-thirds of the people who voted in the 2024 election believed Trump had “a lot” or “some” responsibility for violence on January 6, according to exit polls. The problem for Trump’s opponent is that 70% of those who believed he had some responsibility for the violence voted for him anyway.

Similarly, two-thirds of American adults oppose Trump’s plans to pardon people convicted of crimes related to the insurrection, according to a Washington Post-University of Maryland survey last month.

Though the criminal cases against Trump are all but dead, he could be on the hook for damages as a result of a handful of civil lawsuits brought against him relating to the Jan. 6 insurrection, including by law enforcement officers, congressional Democrats and the estate of a police officer who died. Unlike federal suits, civil litigation can proceed against a sitting president.

Moreover, outgoing Republican Senator Mitt Romney, who voted to convict Trump over the January 6 attack, said he believes history will judge Trump’s wrongdoing harshly.

“I think the people who write history are serious people, and they will recognize, as the world does, that it was a terrible assault on the world’s model democracy,” Romney said. “It will be seen as such, and the effort to try and pretend it was something else will fly in the face of reality.”

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Ex-Republican Lawmaker Predicts What Trump’s Going To Start Doing On Day 1

Donald Trump is going to start revising history to suit himself as soon as he takes office, former Representative David Jolly (Florida) predicted over the weekend.

“I think one of the things Donald Trump wants to do this term, starting on day one, is rewrite history,” Jolly, who served as a Republican in Congress but later renounced his affiliation with the Republican Party, told MSNBC’s Alex Witt. “We’re going to see it on Covid, having RFK Jr there. We’re going to see it on Russia, having Tulsi Gabbard there. We’re going to see it with a lot of the prosecutions by having Kash Patel there, should these people get confirmed.”

Jolly was referring to Trump’s picks for health secretary, national intelligence director and FBI director respectively. Critics have sounded the alarm over Robert F. Kennedy Jr.’s vaccine scepticism, Gabbard’s sympathetic views toward Russia, and Patel’s fondness for dangerous conspiracy theories and his fixation on Trump’s supposed enemies.

“I think we’re also going to see a retelling of January 6,” Jolly went on. “And the question is, does that start with his inauguration speech? Or is it something that happens by way of pardons? Or is it a prosecution — an attempted prosecution — of Liz Cheney?”

“I do think Donald Trump wants to rewrite history,” he concluded. “And to do that, he’s going to force upon the American people a narrative that largely is untrue, but that he hopes, with conservative media’s influence, he can win out with.”

Trump has vowed to pardon people convicted for participating in the January 6, 2021, attack on the U.S. Capitol, an attempt to overturn the 2020 presidential election in Trump’s favour.

Even though the majority of those serving substantial prison time committed violent crimes, including assaulting law enforcement officers, the president-elect has referred to them as “peaceful January 6 protesters” and “hostages” who were unfairly prosecuted.

He’s also made threatening comments about former Representative Liz Cheney (Republican, Wyoming), warning that she “could be in a lot of trouble” for serving on the House panel that investigated the attack. He’s said that he believes members of the panel “should go to jail.”

Trump has a penchant for revisionist history, with a pattern of walking back promises, deflecting blame for his failures and dubiously taking credit for successes. He pledged during his 2024 campaign to reduce the prices of “everything,” but has already admitted since his victory that it’s “hard to bring things down once they’re up.”

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More Jan. 6 Evidence That Trump Tried To Keep Hidden Is Out

A four-part appendix detailing more about former President Donald Trump’s alleged criminal attempt to overturn the results of the 2020 election hit the public record on Friday.

U.S. District Judge Tanya Chutkan approved the public release on the federal criminal docket in Washington, D.C., late Thursday, following weeks of Trump requesting to keep the appendix out of the public eye.

Trump told the judge on Oct. 10 he needed more time to weigh his “litigation options” if she decided to admit the source materials publicly, arguing they could be damaging to jurors and the integrity of the case. Chutkan agreed to give him one week to respond and make his arguments at blocking the release. He filed a last-ditch motion early Thursday asking for more time, but was denied.

The appendix is split into four parts with sensitive information redacted. The four volumes total more than 1,800 pages.

Volume I is mostly transcripts of interviews with witnesses who testified before the House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol.

There is a new detail in this first volume that stands out, however: testimony before the Jan. 6 committee from a White House valet to Trump.

The valet told the committee that on Jan. 6, when Trump was preparing to watch playback of his speech as violence erupted, Trump asked him if his “speech was cut off.” The valet told the committee that he tried to explain to Trump that it had been.

The record shows the valet appears to be reviewing photos with investigative counsel for the Jan. 6 committee when he is testifying about Trump’s reaction.

“And that’s pretty much the face I got the whole time, and it was kind of like he told me, Really? And I was like, yes sir,” the valet said.

This transcript with the valet has been released before — by House Republicans. But Smith’s version unmasks what they redacted.

The version published in March by Georgia Congressman Rep. Barry Loudermilk, the chair of the House Administration Subcommittee on Oversight, redacted the section where the valet tells investigators that after Trump said “let’s go see” when he was told that his speech was cut off, the valet took off Trump’s outer coat, got a television ready for him and handed him a remote.

“And he starts watching it. And I stepped out to get him a Diet Coke, come back in, and that’s pretty much it for me as he’s watching it and like, seeing it for himself,” the valet testified, according to Smith’s version.

The Republican version of the transcript also redacted when congressional investigators next asked the valet: “So, you set up the TV. Did you set it up for him to watch his speech or live coverage of what was happening at the Capitol?”

“Typically, that’s — a lot of times he’s in that back dining room a lot,” the valet said.

The contents of the transcript with the valet cut off here in Smith’s appendix once investigators asked the valet if he knew, in fact, whether Trump was watching the events at the Capitol.

Volume I also contains a previously public transcript in which Jan. 6 committee investigators ask a witness about whether Trump’s Jan. 6 speech draft was something his staffers categorised as “political” or “official.”

This is a key distinction for the special counsel’s team because it argues that Trump’s activities when he was in a campaign capacity are not official and therefore are prosecutable.

Notably, the witness first told committee investigators they didn’t recollect whether anybody told them that day if Trump’s speech at the Ellipse was a political one.

But “afterward,” the witness said, they knew that transcriptions of Trump’s speech went out via text and it was “styled ‘internal transcript.’”

“And my recollection is internal transcripts were political speeches,” the witness said.

Another transcript in the first volume features testimony from Greg Jacob, former Vice President Mike Pence’s legal counsel. The transcript in the Smith appendix redacts Jacob’s name, but a side-by-side comparison by HuffPost of the Jan. 6 committee transcript and the one Chutkan published Friday, confirms it is him.

Here the material Smith attaches to his immunity arguments zeroes in on testimony in which Jacob told the Jan. 6 committee about attempts by Trump darling and “coup memo” author John Eastman to convince Pence and Pence’s staff that a vice president had the constitutional authority to count slates and object to them.

This meant, according to Eastman, that anything in the existing legislation that governed the count, like the Electoral Count Act, was unconstitutional.

“But if we were to do what [Eastman] suggested, it would mean that none of those debates happened in Congress. None of those Senators would get to make their objections. We would be asserting we have the unilateral authority to do all of that,” Jacob testified.

Jacob expressed that Eastman appeared to understand the scheme wouldn’t work for Pence and it would be rejected if advanced.

“John, isn’t this just a terrible idea?” Jacob asked Eastman.

Eastman “didn’t quite get to saying yes,” Jacob said, but when he told Eastman that, if they took the fight all the way to the Supreme Court, they would lose 9-0, Eastman balked saying it would be 7-2 and he might have Justice Clarence Thomas on his side.

The men went over a few of Thomas’ opinions and Eastman backed off a bit, admitting he would lose 9-0.

Eastman told Jacob “they” would be “really disappointed.”

“They’re going to be really disappointed that I wasn’t able to persuade you,” Eastman allegedly told Jacob.

Eastman didn’t clarify who “they” referred to before he left the meeting with Jacob.

Volume II is heavily redacted and primarily features tweets from Trump in which he said there had been pervasive voter fraud in battleground states and called on state and election officials to address it. In tweets from November 2020, including on and around Election Day, Trump calls on the Supreme Court to decide the outcome or alleges that fraud in those battleground states is an “unsolvable problem.”

The records show how officials including Philadelphia City Commissioner Al Schmidt were forced to directly rebut Trump’s bunk claims online but often with demonstrably less effect on social media, given Trump’s reach on Twitter.

The tweets and retweets relate, in part, to Smith’s allegation that Trump was exacting a pressure campaign on election officials predicated on information he knew to be false and despite being told numerous times after Election Day that the election had been the most secure in history. Chris Krebs, former director of the Cybersecurity and Infrastructure Security Agency, made that announcement on Nov. 13. Former Attorney General William Barr would declare publicly on Dec. 1 that there was no evidence of voter fraud. None of that deterred Trump from pursuing his conspiracy theories, according to prosecutors.

This volume also shows tweets in which Trump calls on people to come to Washington on Jan. 6, 2021, and not just the first time, Dec. 19, 2020, when he blasted out the invite to his “wild” rally.

Smith’s appendix shows Chutkan that Trump sent out the call multiple times in December, including on Dec. 30, when he wrote, “JANUARY SIXTH, SEE YOU IN DC!”

The appendix also shows that Dec. 30 post was retweeted by Trump’s official “Team Trump” campaign account. So were several others.

Volume III has sections from Pence’s book, “So Help Me God.” Prosecutors highlighted certain passages in which Pence’s describes trying to console a despondent Trump over his defeat and Pence’s own awareness at the time that if there had been any voter fraud, it wasn’t enough to cost Republicans the 2020 election.

Other sections feature Pence’s recollection of Trump’s repeated calls to him on the eve of the U.S. Capitol attack.

“You gotta be tough tomorrow,” Pence recalled Trump telling him.

There are transcripts from court hearings in the third appendix, including a portion of one that took place in Arizona’s Maricopa County, where Trump and his cohorts peddled a fake elector scheme. Other transcripts come straight from political speeches Trump gave, including one on Jan. 4, 2021, when he endorsed Republican Senators Kelly Loeffler and David Perdue before a Georgia runoff election. Trump spent much of that rally talking about his own reelection campaign and claiming the presidential vote had been rigged.

“And I hope Mike Pence comes through for us, I have to tell you,” Trump said in a stump speech in Georgia, adding that he liked Pence but that if he didn’t “come through for us,” he wouldn’t “like him quite as much.”

Trump would echo those remarks 48 hours later at his speech on the Ellipse.

Volume III also includes copies of electoral vote certificates that so-called Trump electors tried to pass off in Pennsylvania, Nevada, Michigan, Arizona and Georgia.

Other records released Friday show a budget and trip plan for Jan. 4 to Jan. 6, in which close to $3 million was allotted for events with right-wing groups including Turning Point Action, Tea Party Express and Save the U.S. Senate.

Volume IV contains information that is mostly already in the public record and was obtained through the House Jan. 6 committee. Much of this 384-page document is redacted and it doesn’t offer much new to pore over. There are letters and emails already on the record about the strategy to advance fake electors as well as Pence’s letter issued on Jan. 6, 2021, stating that he did not have unilateral authority to determine which electoral slates should be counted.

It also includes a transcript of a town hall from May 2023 in which Trump defended his remarks made at the rally on the Ellipse on Jan. 6, 2021, and denied telling people to march to the Capitol that day.

The next big deadline Trump must meet in the election subversion case arrives Nov. 7, when he must reply to the 165-page immunity brief special counsel Jack Smith filed on Oct. 2. When he does, it is expected that Trump’s lawyers will emphasise that Trump genuinely believed there was widespread voter fraud and that he acted with the interest of the nation first to reverse his defeat.

Trump’s lawyers are also expected to push back on key distinctions Smith made around Trump as candidate for a new term in office versus Trump as commander-in-chief.

Smith’s immunity brief offered insight into Trump’s alleged conduct and frame of mind before and on Jan. 6, 2021, and included information on alleged efforts to advance fake electors in swing states that he lost to Joe Biden and pressure former Vice President Mike Pence to overturn the results.

It pored over tweets, emails and testimony from dozens of Trump White House officials, insiders or allies to establish the contours of the sweeping conspiracy that culminated into a violent, armed and deadly attack on the U.S. Capitol. Importantly, the brief also addressed which of Trump’s acts were and were not “official,” according to Smith, under the Supreme Court’s recent presidential immunity decision.

The Supreme Court’s ruling granted presidents absolute immunity for their core acts and “presumptive” immunity for all other official acts. But actions outside of core acts are not given this protection.

It will be up to Chutkan to decide whether Smith’s interpretations and attempts to rebut the “presumptive” immunity standards can survive the standards the nation’s highest court has now set.

Trump has pleaded not guilty to all charges he faces in the Jan. 6 case.

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Riot Roh-Roh: Trump Drags Nikki Haley In Massive January 6 Blunder

Donald Trump blamed former United Nations ambassador Nikki Haley for security during the January 6, 2021 attack on Friday as he seemingly confused former House speaker Nancy Pelosi with his Republican rival.

The former president – while touting the amount of supporters at the Concord, New Hampshire rally – claimed the former South Carolina governor gets crowds of “like nine people” in the state before bringing up the insurrection.

“By the way, they never report the crowd on January 6. You know Nikki Haley, Nikki Haley, Nikki Haley. You know they – do you know they destroyed all of the information, all of the evidence, everything, deleted and destroyed all of it. All of it,” Trump claimed.

“Because of lots of things like Nikki Haley is in charge of security — we offered her 10,000 people, soldiers, National Guards, whatever they want. They turned it down. They don’t want to talk about that. These are very dishonest people.”

Trump has previously pointed his finger at Pelosi for security breakdowns when the riot took place, claiming that the former House speaker turned down his offer to activate the National Guard as his supporters stormed the U.S. Capitol.

The House speaker isn’t in charge of security at the Capitol and doesn’t direct the National Guard.

Drew Hammill, a spokesperson for Pelosi, told The Associated Press last year that the former House speaker – who he noted was a “target of an assassination attempt” that day – “was no more in charge of Capitol security than Mitch McConnell was.”

“This is a clear attempt to whitewash what happened on January 6th and divert blame,” Hammill wrote of the claim.

A number of critics on X mocked Trump for his remarks, questioning whether he “can identify a fucking whale.”

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MSNBC Host Gets Emotional Thanking Former D.C. Police Officer On Jan. 6 Anniversary

MSNBC’s Jonathan Capehart cried as he began his interview with former D.C. Metropolitan Police Officer Michael Fanone on Saturday, three years after the violent Jan. 6, 2021 attack on the U.S. Capitol.

The host introduced Fanone, who sustained a heart attack as well as a traumatic brain injury after he was beaten and electroshocked by Trump supporters during the insurrection.

Fanone, in an interview with CNN just days after the attack, recalled rioters shouting “kill him with his own gun.”

Capehart said Fanone lived through a “harrowing assault” and has lived with “the consequences of that trauma” before pointing to the ex-officer’s recent interview with HuffPost where he described American voters as the “last line of defense when it comes to preserving democracy” and ensuring the peaceful transfer of power.

The host went on to introduce Fanone before his voice began to shake.

“Officer Fanone, I’m gonna try to get through this,” said Capehart as he fought back tears.

“Thank you for what you did three years ago today.”

Capehart later took to social media where he responded to a Mediaite story about the emotional on-air moment.

“And I’d do it again! ✊🏾,” Capehart wrote.

You can watch more of Capehart’s interview with Fanone in the video below.

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