The short answer here is YES. However, indicting a past president with criminal liability would be complex, despite the mountain of evidence piling up against Trump for trying to steal the presidential election by overthrowing the legal election process in Congress. Yet, for the legal system to be trustworthy, and... Read More »
Too soon? Republican Party Tries to Rewrite History, Claiming January 6 Deadly Riots were “Legitimate Political Recourse” Despite Violent Criminal Activity
Contrary to factual evidence of illegal activity surrounding the deadly attack on the US Capitol, the Republican National Committee declared its official stance that the January 6 riot and all events leading up to it were “legitimate political discourse.” In doing so, the Republican Party publicly castigated two leading lawmakers, members of their party, who spoke publicly and denounced the attack and the role former President Trump played leading up to the violent riot.
During its winter meeting last week, the Republican National Committee voted to censure Republicans and Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois. At the Salt Lake City event, Republicans completely reversed their original condemnation of the Capitol attack and the role Trump played via his angry statements and insistence he had won the election.
Immediately after the angry Trump rally, his followers marched a few blocks, many armed, to the Capitol on January 6.
Both Cheney and Kinzinger were severely criticized in a resolution by the Republicans for participating in the House investigation into the January 6 attack. The Republican resolution states Cheney and Kinzinger were guilty of engaging in the “persecution of ordinary citizens engaged in legitimate political discourse.”
Kinzinger emphatically disagreed.
“I have no regrets about my decision to uphold my oath of office and defend the Constitution,” said Kinzinger in a statement. “I will continue to focus my efforts on standing for truth and working to fight the political matrix that’s led us to where we find ourselves today.”
The censure resolution states that the Republican Party “shall immediately cease any and all support of [Cheney and Kinzinger] as members of the Republican Party for their behavior which has been destructive to the institution of the U.S. House of Representatives, the Republican Party and our republic, and is inconsistent with the position of the conference.”
Cheney said the censure is shocking, saying, “I do not recognize those in my party who have abandoned the Constitution to embrace Donald Trump. History will be their judge. I will never stop fighting for our constitutional republic. No matter what.”
The January 6 deadly attack occurred when an angry mob marched from then-President Trump’s rally to the Capitol where Congress was in session to officially certify the legal Presidential election results. The violent group attacked police officers; strung up a rope seemingly to hang Vice President Pence, who was doing his duties to certify the election; broke into the Capitol by storming the historic building and angrily rushed in to find lawmakers, who all escaped or were in hiding.
Nine victims died at the January 6 riot, and over 150 police officers were injured.
On the day after the January 6 attack, the Republican Party condemned the riots and stated, "These violent scenes we have witnessed do not represent acts of patriotism, but an attack on our country and its founding principles.”
Numerous laws were broken by Capitol Hill rioters. For instance, U.S. Code § 1966, Protection of Members of Congress, officers of Congress, and members of their families, was broken by rioters.
Another federal law dealing with the Department of Homeland Security, Federal Protective Service, via 40 U.S.C. § 1315, states the federal government must “protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government … and persons on the property.”
It is also illegal, according to federal laws, for people “trespassing on federal facilities and destroying and stealing federal property,” or possessing a firearm in a federal facility “with intent that a firearm or other dangerous weapon be used in the commission of a crime.”
Other federal laws violated by rioters on January 6 include, among many others, violations of the Computer Fraud and Abuse Act’s prohibition against “knowingly access[ing] a computer without authorization.”
The RNC passed the resolution without any discussion and almost total agreement by its members. The resolution also follows on the heels of Trump’s announcement that if he wins the Presidency in 2024, he will consider pardons for anyone convicted of crimes connected to the insurrection. Trump also said he would want to overturn the election results.
In Utah, Republican Senator Mitt Romney tweeted a critical response to the actions of his party, stating,“Shame falls on a party that would censure persons of conscience, who seek truth in the face of vitriol. Honor attaches to Liz Cheney and Adam Kinzinger for seeking truth even when doing so comes at great personal cost.”
Democratic Representative Jamie Raskin of Maryland, also a member of the special House committee investigating the Capitol attack, said he was shocked at the actions of the Republican Party.
“The Republican Party is so off the deep end now that they are describing an attempted coup and a deadly insurrection as political expression,” said Raskin.
“It is a scandal that historians will be aghast at, to think that a major political party would be denouncing Liz Cheney for standing up for the Constitution and not saying anything about Donald Trump’s involvement in the insurrection.”
Cheney said she believes former President Trump has created a Republican Party that has “made themselves willing hostages.”
Speaking at a Federalist Society event after the resolution was overwhelmingly passed by the Republican Party, former Republican Vice President Mike Pence said he disagreed, saying that Trump’s push to overturn the election was “wrong.”
“I had no right to overturn the election,” he noted.
In total, over 725 rioters have been charged with crimes for participating in the January 6 attack. Charges range from insurrection, assaulting police officers, breaking the Capitol's windows, and more.
Former President Trump has not been charged with inciting a riot. However, Trump faces four civil lawsuits from over twelve police officers who say they experienced severe physical and/or emotional injuries during the Capitol attack. Two officers said they were attacked by “antidemocratic forces” and white supremacists; eight officers say they were injured by the violent mob; and some officers allege Trump incited the rioters at his rally, telling his followers democracy would end if they did not act.
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