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Impeachment Managers Argue Trump Is 'Singularly Responsible' For Capitol Attack

In a pre-trial brief released on Tuesday, House impeachment managers argue former President Donald Trump whipped a crowd of supporters into a "frenzy" on Jan. 6 and incited the ensuing riot at the U.S. Capitol.
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In a pre-trial brief released on Tuesday, House impeachment managers argue former President Donald Trump whipped a crowd of supporters into a "frenzy" on Jan. 6 and incited the ensuing riot at the U.S. Capitol.

The House impeachment managers accuse Donald Trump of summoning a mob to Washington, D.C., on Jan. 6, whipping the crowd "into a frenzy" and then aiming them "like a loaded cannon" at the U.S. Capitol, pinning the blame for the deadly violence that ensued directly on the former president.

In an 80-page memo delivered to the Senate on Tuesday ahead of next week's impeachment trial, the House managers lay out their case against Trump and the grounds for convicting him even after he's left office.

"This trial arises from President Donald J. Trump's incitement of insurrection against the Republic he swore to protect," the House managers write.

"The House of Representatives has impeached him for that constitutional offense. To protect our democracy and national security — and to deter any future President who would consider provoking violence in pursuit of power — the Senate should convict President Trump and disqualify him from future federal officeholding."

The managers, led by Rep. Jamie Raskin of Maryland, argue that Trump is directly responsible for the riot that overran the Capitol on Jan. 6, damaged the historic building and left five people dead.

"It is impossible to imagine the events of January 6 occurring without President Trump creating a powder keg, striking a match, and then seeking personal advantage from the ensuing havoc," they write.

There was no immediate response from Trump's office or his legal team, although they were expected to file a brief later in the day.

The events of Jan. 6

The managers walk through the lead-up to that day, when members of Congress were counting Electoral College votes, noting that for weeks Trump refused to accept the results of the 2020 election and perpetuated baseless claims that he won in a landslide and the vote was "stolen" from him.

"He amplified these lies at every turn, seeking to convince supporters that they were victims of a massive electoral conspiracy that threatened the Nation's continued existence," they write. "But every single court to consider the President's attacks on the outcome of the election rejected them."

With his options dwindling, they say, Trump turned to the Jan. 6 rally in Washington.

The House managers say Trump took the stage after Rudy Giuliani had called for "trial by combat," and Trump's son had warned Republican lawmakers not to finalize the election results.

"Finally, President Trump appeared behind a podium bearing the presidential seal. Surveying the tense crowd before him, President Trump whipped it into a frenzy, exhorting followers to 'fight like hell [or] you're not going to have a country anymore,' " the managers write. "Then he aimed them straight at the Capitol, declaring: "You'll never take back our country with weakness. You have to show strength, and you have to be strong.' "

They continue: "Incited by President Trump, his mob attacked the Capitol. This assault unfolded live on television before a horrified nation."

The managers argue Trump did nothing to call the riot off, which they say was a "dereliction of duty." And his first statement about the violence, hours later, told the crowd, "You're very special."

The question of constitutionality

In their brief, the impeachment managers also make their argument for the constitutionality of impeaching and convicting a now-former president.

In a vote last week, 45 Senate Republicans voted that impeaching a former president is unconstitutional — a line of defense that Trump's legal team is expected to employ during the trial.

The House managers argue that there is precedent for holding former office holders responsible for their actions, although none of those instances involved a president.

They also argue that common sense argues in their favor.

"Presidents do not get a free pass to commit high crimes and misdemeanors near the end of their term," they write. "The Framers of our Constitution feared more than anything a President who would abuse power to remain in office against the will of the electorate. Allowing Presidents to subvert elections without consequence would encourage the most dangerous of abuses."

Copyright 2021 NPR. To see more, visit https://www.npr.org.

Ryan Lucas covers the Justice Department for NPR.
Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.
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