Photo by Jim Lo Scalzo/CNP/startraksp

KEY TAKEAWAYS FROM THE JAN. 6 COMMITTEE REPORT SUMMARY
By Lisa Desjardins, @LisaDNews
Correspondent
 
After a year and a half of work and interviews with more than 1,000 witnesses, the House committee investigating the Jan. 6 attack on the U.S. Capitol has begun to release parts of its final report. On Monday, the panel approved what is essentially an executive summary of those conclusions. (You can read the panel’s full summary here.)
 
The panel voted unanimously to adopt its final report and refer former President Donald Trump for criminal prosecution. This is the first time in American history Congress recommended a criminal referral against a former U.S. president.

“Every president in our history has defended this orderly transfer of authority, except one,” Rep. Liz Cheney, R-Wyo., said. “Jan. 6, 2021, was the first time one American president refused his constitutional duty to transfer power peacefully to the next.”

Watch Cheney’s statement from the Jan. 6 committee’s meeting on Dec. 19.
Here’s a brief breakdown of the biggest takeaways from the Jan. 6 panel’s final public meeting.
 
Criminal referrals for Trump
 
The committee concluded there is enough evidence to convict former President Trump and recommended that the Department of Justice make the following criminal charges:
  • Obstruction of an official proceeding. The “proceeding” being the Jan. 6 meeting of Congress itself.
  • Conspiracy to defraud the United States. The committee argued that this happened in multiple ways, including Trump’s lies about the 2020 election and then-Vice President Pence’s role in certification among other issues.
  • Conspiracy to knowingly make a false statement. The committee said Trump broke this statute by participating in a plot to submit fake slates of electors.
  • Assisting, aiding or comforting an insurrection. The committee believes Trump incited the U.S. Capitol attack, but notes he was impeached on that charge already. The report summary specifically concludes there is enough evidence to convict and, therefore, to charge Trump with “assisting, aiding or comforting” the insurrection. The focus here is on his actions as the attack unfolded — and his lack of action in not moving to stop it.
Photo by Jonathan Ernst/Reuters
Additional referrals
  • Former Trump attorney John Eastman. The committee concluded there is enough evidence to convict Eastman on obstruction of an official proceeding and conspiracy to defraud the United States. He was a critical voice behind the theories that Pence could stop the election certification and that alternate slates of electors could change the results.
  • “Co-conspirators.” Other Trump allies, like former chief of staff Mark Meadows and lawyer Rudolph Giuliani, are named as “co-conspirators” in the Jan. 6’s executive summary, but not referred for charges on them specifically.
  • Ethics review. The panel also flagged four GOP lawmakers — House Minority Leader Kevin McCarthy and Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, and Andy Biggs of Arizona — for a potential ethics investigation because they all refused to comply with congressional subpoenas.
 
The referrals are largely symbolic. It is up to the DOJ whether or not to act on the panel’s recommendations.
 
17 Findings
On Monday, the Jan. 6 committee introduced a video presentation that laid out key findings and evidence from its investigation.
Across 154 pages, the committee also laid out 17 central findings covering two areas: Trump’s alleged misconduct and how law enforcement and the Pentagon handled the attack.
 
On Trump
 
Twelve of the conclusions accuse the former president of specific misconduct and detail his role related to the events of Jan. 6, 2021:
  • Using lies and provocation. Starting election night 2020, the committee’s report summary states that “Donald Trump purposely disseminated false allegations of fraud” in order to overturn the election outcome and raise money. Those lies directly provoked his supporters on Jan. 6.
  • Not honoring the Constitution. Trump did not honor his constitutional obligation to “take Care that the Laws be faithfully executed,” the committee concluded, but instead plotted to overturn the election outcome.
  • Pressuring Pence. Trump knew it was illegal, but he “corruptly pressured” then-Vice President Mike Pence to refuse to count electoral votes on Jan. 6, the committee found.
  • Targeting the Department of Justice. According to the committee, Trump tried to convince DOJ officials to lie to help overturn the election. When that failed, he offered the job of acting attorney general to a man — Jeffrey Clark — who, according to past witness testimonies, planned to do those things.
  • Pressuring state officials. Without evidence and against the law, Trump pressured state officials and lawmakers to change the election results.
  • False electors. Trump oversaw an effort to create and submit false electoral certificates to Congress and the National Archives.
  • Pressuring members of Congress. Trump pressured members of Congress to object to several states’ electors.
  • False information in court. Trump “purposely verified false information” filed in federal court.
  • Summoning and provoking the crowd. Trump summoned tens of thousands of supporters to Washington with baseless claims of election fraud. Although those supporters were known to be angry and armed, he instructed them to march to the Capitol to “take back” their country.
  • Condemning Pence during the attack. On Jan. 6, Trump purposely went on social media and condemned Pence, knowing the attack was underway and his own words would incite more violence.
  • Failing to act. For hours, Trump watched the attack but refused repeated calls to tell his supporters to end the violence and leave the Capitol.
  • Conspiracy. These actions by Trump were each part of a “multi-part conspiracy” to overturn the results of the 2020 election, the committee found.
 
On pre-attack intelligence and how agencies and law enforcement reacted
 
The committee looked at the failure of law enforcement to anticipate and guard against the violence at the Capitol. In this area, it spells out five findings:
  • Prior warning of plans for violence. Intelligence agencies and law enforcement knew that militia groups led by the Proud Boys and Oathkeepers were planning violence on Jan. 6 and that information was shared with the Secret Service, the National Security Council and others in the executive branch.
  • Left-wing groups were not significantly involved. “Antifa” and left-wing groups were not involved “to any material extent” on Jan. 6. In addition, in the days before the attack, intelligence did detect any signs pointing to left-wing violence.
  • Intelligence and law enforcement missed Trump’s plans. Law enforcement and intelligence agencies did not understand the full extent of Trump, Rudy Giuliani and others’ plans to try to overturn the election results. The agencies “did not (and potentially could not) anticipate” Trump’s provocations of the crowd and the scale of the violence on Jan. 6. No advance assessment from the intelligence community predicted Trump’s behavior.
  • U.S. Capitol Police were unprepared, but other forces were more proactive. Capitol Police leadership did not expect and was not prepared for the scale of the attack. Prior to Jan. 6, the Capitol Police chief suggested the idea of bringing in help from the National Guard, but the Capitol Police Board did not request it. The Washington Metropolitan Police Department was more proactive and ultimately deployed about 800 officers. DOJ also anticipated that the day could become violent and had a group of agents ready outside of Washington.
  • Miscommunication at the Pentagon; no assistance from Trump. There was “likely miscommunication” by civilian leaders at the Pentagon, which delayed sending help to the Capitol, the committee concluded. It also stated that there is no evidence this was intentional. The committee found that Trump never gave an order to send the National Guard or any other federal support to the Capitol. (The decision to deploy the National Guard was delegated to the Pentagon.)

What’s next?
Watch the segment in the player above.

Although the timing can still change, the panel’s full report is expected to be publicly released as early as Wednesday, when Americans will get more details on all of these findings.

The committee’s lengthy report is expected to include legislative recommendations and additional materials around Trump’s role on Jan. 6.


HOW TO GET 4 COVID TESTS BY MAIL

Watch the segment in the player above.
By Laura Santhanam, @LauraSanthanam
Health Reporter & Coordinating Producer for Polling
 
Free COVID tests are again available for at-home delivery, the Biden administration announced last week.
 
Coronavirus cases have been rising in recent weeks, a trend that is expected to worsen as people gather indoors around the winter holidays. Here’s how to get four COVID tests by mail:
  • Orders for these rapid antigen tests can be placed now through the government website special.usps.com/testkits.
  • Shipments began this week, and each household can receive four tests.
  • Orders can also be placed over the phone by calling 1-800-232-0233 or 1-888-720-7489.

Some public health experts have criticized the Biden administration for reinstating a giveaway of free at-home tests but not urging the public to take steps to cut down COVID transmission, such as wearing a face mask while indoors with others.
 
According to data from the Centers for Disease Control and Prevention, about 14 percent of people age 5 or older in the United States have received the updated bivalent booster vaccine to help protect them against COVID variants.
 
Health officials say vaccination is still one of the most important steps people can take to protect themselves against severe and potentially tragic outcomes once infected.
#POLITICSTRIVIA
By Matt Loffman, @mattloff
Politics Producer
 
On Tuesday, lawmakers unveiled a $1.7 trillion spending bill that will fund the government through September. It also includes money for Ukraine and disaster relief at home and also reforms the Electoral Count Act. But the massive 4,155-page bill is hardly the longest piece of legislation Congress has introduced.
 
Our question: Congress passed its longest bill ever (in page numbers) in 2021. How many pages was it? (We’re playing “Price Is Right” rules, so whoever guesses the closest without going over wins.)
 
Send your answers to [email protected] or tweet using #PoliticsTrivia. The first correct answers will earn a shout-out next week.
 
Last week, we asked: How many senators voted in favor of both the Respect for Marriage Act and the 1996 Defense of Marriage Act?
 
The answer: Two. Democratic Sens. Pat Leahy of Vermont and Patty Murray of Washington.
 
Congratulations to our winners: No one! For the second time this year, I have stumped the band. Better luck this week.
 
Thank you all for reading and watching. We’ll drop into your inbox next week.

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