This is not your Founding Fathers’ America

When we feel our treatment by our rulers has become so intolerable, so unjust – so inhumane – that we must declare our independence among the peoples and nations of the world, it just makes sense that we should explain to the rest of the world why we are doing it.  Here goes.

–Pat’s paraphrase of the preamble to the Declaration of Independence

The Founding Fathers then laid out the Declaration of Independence of the 13 “united States of America” which included the self-evident truths of the “unalienable” rights that they believed are the birthright of all humans.  Point by point, they laid out their grievances against George III and insisted they had made every good faith effort to resolve differences peacefully.  They explained that they had appealed to the goodness and mercy of “our British brethren” to end the mistreatment from which they suffered, but found them unresponsive.  And in light of those facts, they declared to the world that they and their fellow Americans were going into business for themselves.  The war that had begun the previous year was concluded by treaty in 1783; by 1787 a new Constitution of the United States was approved on behalf of the people of the new nation “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…”.

That legal framework set out principles to guide our development and our lives, including the principle that no man is above the law.  That idea had a pretty run there, right up until last Monday when the Supreme Court of the United States decided that presidents and former presidents of this great country were effectively kings or queens.  And despots, if they choose to be.

Immunity from prosecution.  The Justice Department has a policy that no sitting president can be prosecuted while in office, but there was no law that said that, and nothing explicit in the Constitution says a former president is immune from prosecution for officials acts taken while in office.  The high-minded concept was that a president was a person given certain powers to exercise – temporarily – on behalf of his country and in its best interests, and who would then return to his life as a regular citizen.  Would President Gerald Ford have granted Richard Nixon a pardon after his resignation over Watergate crimes if anyone had thought that the former president was immune from prosecution?  No one before has ever had the temerity to claim he had immunity from prosecution…or quite frankly, the need for immunity…before you know who.

A man made famous as much for his over-use and abuse of the legal system as for his dubious business skills that necessitated all the suing and threats of suing had nothing to lose and everything to gain (and no shame) by making an unsupported legal claim that had the desired effect of delaying his trial on felony charges of trying to overturn the legitimate results of the 2020 election.  The trial court judge hearing this case rejected the claim of immunity, so did a unanimous panel of the U.S. Court of Appeals.  The Supreme Court…well, the Supremes (1) surprised many when they agreed to hear the case at all, causing a delay until (2) they heard oral arguments April 24 and then (3) “deliberated” the rest of April, all of May and all of June – more than nine weeks – before issuing the ruling.  Guess it takes a while to create a whole new right not found in the Constitution, especially when you had said yourself, under oath, that such a right did not exist:

Hmmm…same folks who said Roe v. Wade was settled precedent. Interesting…

The idea proposed by Trump lawyers in oral arguments was that immunity is needed to protect former presidents from being corruptly prosecuted by their successors; whether or not that is true, there was no such right in the Constitution until this court created it with this ruling.  When was the last time you saw a former president pursued in the legal system by a previous president?  (If you said Biden is doing it to Trump right now, that is the wrong answer; he’s not.)  You haven’t seen it before: not even the lawless Trump went after Barack Obama or his other predecessors!  The assertion that this is a real and dangerous prospect is based on nothing in law or custom or history; it is a projection from Trump’s narcissistic personality disorder wherein he knows what he wants to do to Joe Biden and to every other perceived enemy, and his fevered brain assumes that’s how everyone else operates, too.

Not only did the court create a right that wasn’t there (don’t you just hate those activist judges that Republicans have been warning us about?) but, as argued by Thomas Wolf of the Brennan Center for Justice, “The Court has created an elaborate system of ambiguous rules that will not only ratchet up the complexity of the case against Trump but also erode the checks on presidential illegality. It is both a roadblock to prosecution and an encouragement to more insurrection.”

The procedures the Court has crafted to go with [the new rule] are pitched in Trump’s favor. Whenever the case returns to Judge Tanya Chutkan’s trial court, Trump will be presumed immune by default; the burden will be on the prosecution to establish that he isn’t. The Court’s definition of “official acts” cuts extremely broadly, stretching to “the outer perimeter of [Trump’s] official responsibility.” (The Court refused to say exactly where that perimeter ends.) The prosecution must show that prosecuting Trump for those official acts “would pose no dangers of intrusion on the authority and functions” of the presidency (emphasis added). The prosecution won’t be able to claim an official act was “unofficial” because of the president’s motives for doing it. (emphasis added) And Trump can seek another round of appellate review if the trial court doesn’t rule him immune. Should the government clear these hurdles, it won’t be able to use the “testimony or private records of [Trump] or his advisors” about official acts to prove his guilt. (emphasis added)

The Court justifies all this new complexity as necessary to protect imaginary future presidents from imaginary future prosecutions. It does not, critically, justify it as a response to the acts of the real and credibly accused former president in the case before it. Just as members of the Court’s conservative supermajority consistently steered the conversation at oral argument away from Trump’s charges, they do not even try to grapple with the bigger implications of applying their new rule to the case in front of them or the consequences if their rule ultimately lets Trump skate. Instead, the Court bows out of the case with the tidy but myopic claim that it “cannot afford to fixate exclusively, or even primarily, on present exigencies,” lest “transient results” threaten “the future of our Republic.”

The Court doesn’t engage with the ramifications of its opinion, because it can’t — at least not without exposing the fundamental bankruptcy of the whole edifice it has just built. The majority’s ruling cannot possibly be the rule for any functioning democracy. Trump has been charged with attempting to overthrow the election that threw him out of office. Any rule that would grant a president immunity for that crime would remove the principal check on presidential abuses of authority in our democratic system: the vote. And it would encourage other losing candidates to try the same in future elections. (emphasis added)  It is in this sense that the Court’s opinion is truly lawless. It does not merely invent constitutional rules that are antithetical to our founding commitments or enduring values. It threatens to free presidents from the constraints of law and democracy. And it paves the way for future presidents to try to make good on the most antidemocratic of all propositions: might makes right.

In reaching to resolve future imagined cases of presidential criminality while downplaying the actual criminality before it, the Court has imperiled accountability for Trump’s wrongs. It has done severe violence to our law. And it has left our democracy exposed.

Look at what Trump did while president – I mean, just the things we know he did – when there was no presumption of immunity from later prosecution; just what the hell do you think he’ll do next time if given the chance?   What about his calls for televised military tribunals of Liz Cheney and other enemies?  Immunity!  What about all the assaults on our system being planned by his supporters behind Project 2025?  Immunity!

And what about this threat from the president of the Heritage Foundation that “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”?  Uh, do what we want and you won’t be hurt?  Really?

And this whole depressing development comes on the heels of a televised “debate” in which we saw one candidate for president lie his ass off for 90 minutes and the other look like an elderly deer caught in the headlights; Biden is now telling Democratic governors he’s fine but needs to stop working by 8 p.m.  I got the feeling this is going to get even weirder.

83 millions reasons to be happy

If it is true that we like to see good things happen to good people, I suppose it’s also true that we like to see bad things happen to bad people.  I know I do.  So today is a very happy day indeed, to see that a New York jury has awarded $83.3 million in damages to the writer suing Donald Trump for “defaming her in social media posts, news conferences and even on the campaign trail ever since she first accused him in 2019 of raping her in a department store dressing room decades earlier.”  Most of that, $65 million, is punitive damages – punishment for the defendant’s conduct.  Well done, sir!

I’d be stunned (shocked, like Claude Rains was) if Trump ever paid the money – he has a long history of delaying and deferring and settling lawsuits for pennies on the dollar with adversaries who’d rather take something than nothing at all – but it is heartening any time he doesn’t get his way with his bullying and bloviating and insistent lying.  Lying, like just last night, when he repeated his worn-out self-defense of the original rape/sexual assault allegation, insisting “I don’t even know who this woman is.  I have no idea who she is, where she came from.”  In present tense.  Really?  Even if that were true years ago when the accusation was first made, how can you honestly claim today that you do not now know who she is?  Is telling the truth just that hard for you?  (“I know you lie, your lips are moving…”)

This has also been an opportunity for the former guy to give us another demonstration – as if we needed one – of his wide-ranging ignorance.  He used his own social media service this afternoon to say he disagrees with all the verdicts in this case, that he will appeal today’s decision on damages, that he blames Democrats for the suit in the first place (huh?), and that some unspecified “they” have “taken away all First Amendment rights,” presumably by limiting his testimony in court and restricting some of the witnesses his lawyers wanted to call.  Of course, “they” have not and did not do that.  At all.  But you knew that.

You knew that the First Amendment right to free speech does not mean that we are all endowed with the right to say any thing we want, at any time we want, any where we want, to any body we want, and that no one can do any thing about it.  The First Amendment prohibits the government from censoring your speech or other expressions of opinion, unless the speech in question falls into one of the categories which the courts have determined are NOT protected: child pornography, or a solicitation to commit a crime, for instance…or in this case, speech that is defamatory.

Judges have a right to run their courts; a higher court can punish this one if he is found to have violated the law.  Don’t hold your breath waiting for that to happen in this case.

Meanwhile, there are more courts hearing cases against you know who: the judge in the New York civil fraud trial against Trump and his business promised a ruling before the end of the month, and then there are the rest of the now-famous 91 indictments, including the it-seems-really-clear-he-did-it classified documents case in Florida.  AND some Republicans are starting to admit, publicly, that Trump’s acknowledged efforts to get the GOP to refuse to compromise with Democrats to pass an immigration bill

…Trump has been lobbying Republicans both in private conversations and in public statements on social media to oppose the border compromise being delicately hashed out in the Senate, according to GOP sources familiar with the conversations – in part because he wants to campaign on the issue this November and doesn’t want President Joe Biden to score a victory in an area where he is politically vulnerable.

…are bad for the party and bad for the country.  Of course, what is good for the party and good for the country have never been priorities for the former guy.

We all saw it; we know what happened

“[Today marks] three years since thousands of Americans, lied to by the president of the United States and their elected representatives, perpetrated an assault on the building that has come to symbolize democracy across the globe, and the men and women who work on its grounds.  That’s not an opinion. It’s not an interpretation. It’s not one side of a debate. It is an unequivocal, demonstrable fact.”

Phil Mattingly of CNN stated it plainly, not to be misconstrued.  We all saw it for ourselves, plain as day on our TV screens: there was no doubt that armed protesters were attacking the Capitol.  That’s even what we heard from many members of Congress who were in the building at the time and experienced it first hand.

https://twitter.com/CNNThisMorning/status/1743274757796040901

I’m old enough to remember when it would have been stunning – unthinkable – to see some of those who lived through the attack on the Capitol from the inside completely change their story, now unashamedly insisting that we are being fooled by the evidence provided by our own eyes and ears.  Today, it’s another sad shoulder shrug as we witness a continuing assault on truth.  The Washington Post lays out the numbers from a recent national poll in which “a majority of Americans believe the events of Jan. 6 were an attack on democracy and should never be forgotten,” and yet…

…on the third anniversary of the nation’s first interruption to the peaceful transfer of power since the Civil War era, Republicans’ attitudes about Jan. 6 are increasingly unmoored from other Americans, and Trump holds a commanding lead in the race for the party’s 2024 presidential nomination.

The share of Republicans who said the Jan. 6 protesters who entered the Capitol were “mostly violent” dipped to 18 percent from 26 percent in December 2021, according to a Washington Post-University of Maryland poll. More than half of independents and about three-quarters of Democrats, on the other hand, believe the protesters were “mostly violent,” numbers that have remained largely unchanged over time, the poll found.

That’s good, but even that means almost half of people who consider themselves independents and about one-quarter of self-identified Democrats do not believe the protesters were “mostly violent.”  Why not?  Have they never watched the video?!?  OK, here’s some for you:

I call your attention in particular to the 11:48 mark where we hear the president’s voice describing what he had been watching on television for more than three hours without ever sending help for law enforcement; he says “They were peaceful people, these were great people.  The crowd was unbelievable.  And I mentioned the word ‘love.’  The love, the love in the air, I’ve never seen anything like it.”  There is no better example to prove that just because the president says something doesn’t make it true, and in the case of this president the fact that he said it makes it far more likely that it is not true.

I guess…I guess that the people who can watch that video and not see an assault on the American government are some of the same kinds of people who could have been persuaded that it was their “patriotic duty” to participate in that attack in the first place.  For the rest of us, this fight isn’t over yet.

Editorial: Three years later, beware dangerous revisionism of Jan. 6

The real RINOs

Today’s Republican Party claims to be the only truly patriotic, fully America-loving and God-fearing political party in the country, the one that will protect regular America-loving and God-fearing citizens from the perfidies of big gummint and make the country, well, you-know-what again.  So, how are they doing with that today?

Well, as I write this we are just hours away from the gummint shutting down much of its operations because Congress cannot pass the legislation needed to pay the bills.  But not because the Congress and the president haven’t been able to come to a compromise: this past May President Biden and House Speaker McCarthy did agree on total spending levels through 2024.  It’s that some Republicans in the House refuse to accept the deal.  If there is no agreement by the deadline we can all look forward to enjoying life with only “essential services” from Washington.  If you are a government worker (as I was) who is deemed essential (as I was not), you get to keep working but not be paid for it; non-essential workers just get furloughed.

So much for Republicans looking out for the average, America-loving, God-fearing citizen.

What Republicans are doing instead of keeping the government running smoothly is kicking off an impeachment inquiry into President Biden.  Against whom they have no evidence – zero – of his commission of an impeachable offense.  Who brought witnesses who say they don’t see it, either:  Jonathan Turley, George Washington University law professor and Fox News contributor, said “In fact, I do not believe that the current evidence would support articles of impeachment.”  The same Republicans who screeched that Democrats were weaponizing impeachment against the former guy (who was as innocent as the day is long during his presidency, they insisted, and who is just being victimized by 91 criminal and civil indictments (so far) in his post-presidency) are only doing the Lord’s work in rooting out corruption in government.

The weird thing is, the same Republicans who are trying to use the mechanisms of government to impeach a president of the other party (albeit one who faces no substantiated allegations of any wrongdoing) are the same ones who by obstinately refusing to compromise on a spending plan will force much of that same government to close up shop for an indefinite period.  (Although, not Congress or their investigation.)  This is not, historically, what the Republican Party has been about.

The Grand Old Party was organized in the early 1850s as a coalition opposed to the expansion of slavery into new states and territories, and after the Civil War its majority in Congress –- the Radical Republicans -– passed laws to, among other things, protect the rights of freed slaves.  While Democrats in the South worked to chip away at the Reconstruction reforms, Republicans became more and more associated with the interests of business; some also supported (gasp!) progressive efforts for social reforms.

The growth of the federal government through the New Deal period and World War II encouraged more and more Southern Democrats who opposed civil rights for blacks (and other non-whites) and most expanded government programs to move to the Republican Party, where they joined up with conservative Christians stirred to action by opposition to “culture issues” that they were persuaded were threatening the “Christian nation” that God had intended America to be.  These elements came to control the party…or at least they did until they handed over the keys to a circus clown from New York.

Today those Republicans who are part of “MAGA nation” – polls say they are less than 25% of the nation as a whole — seem ever so pleased with themselves any time they get the opportunity to act-out as childish name-callers; one of their favorites is to brand a fellow Republican with whom they have some disagreement on a point of policy, no matter how trivial, as being a Republican In Name Only.  (How clever.)  But they are the real RINOs, who have succeeded in taking control of a once-respected political organization and philosophy and turned it into a vehicle (a clown car?) for instituting their warped social views into law.  It’d be a lot funnier if they weren’t so successful.

Lie of the year

No hemming and hawing.  No ifs, ands or buts.  No maybes, or what-ifs, or allegedlies or it’s-been-reporteds.  None are needed, because there is no question of the facts of what happened: we all saw it with our own eyes, as plain as day.

Shortly after 2 p.m. on Jan. 6, supporters of President Donald J. Trump breached the U.S. Capitol, turning the seat of American democracy into the scene of an unforgettable crime.

That’s PolitiFact’s lead on its 2021 Lie of the Year story, in which it lays out—as plainly as I’ve seen—the facts of what happened at the U.S. Capitol on January 6 and refutes the lies that Donald Trump and his worshippers have been telling about it.  On this anniversary of the worst attack on our government and our way of life in any of our lifetimes, take a few minutes to be reminded of what happened then, and what the people behind that attack have been doing ever since, as they continue to try to steal our democracy right out from under us.

You can read the full story at the link above, or right here:

Shortly after 2 p.m. on Jan. 6, supporters of President Donald J. Trump breached the U.S. Capitol, turning the seat of American democracy into the scene of an unforgettable crime.

Inside, lawmakers had been preparing to count the Electoral College votes that would bring Trump’s presidency to a close. Outside, the rioters erected a hanging gallows. They waved “Trump 2020,” “Blue Lives Matter” and Confederate flags. Some were armed.

After marching down Pennsylvania Avenue at Trump’s urging, the rioters had overwhelmed police surrounding the Capitol. They pushed past them, stripped them of their weapons, dragged them to the ground, sprayed them with chemical irritants, beat them, bludgeoned them, or tased them.

Through clouds of smoke, they broke down barricades. They scaled the walls. They shattered windows. Congressional staff took cover in offices and closets, piling furniture against doors as the crowd snaked through the building’s historic hallways. The rioters forced their way into House Speaker Nancy Pelosi’s office. They entered the Senate chamber. They reached the dais, where Vice President Mike Pence had sat moments earlier.

Network and cable TV, plus internet sites, broadcast it all live for hours.

Around the nation, people called friends and family as the attack unfolded right before their eyes, expressing a mix of disbelief, horror and fascination:

“Can you believe this?”

Members of Congress, evacuated from their chambers with gas masks in tow, could hardly believe it themselves.

U.S. Rep. Mike Gallagher, R-Wis., called into CNN as the attack was happening. “I have not seen anything like this since I deployed to Iraq in 2007 and 2008,” he said. “I mean, this is America. And this is what’s happening right now. The president needs to call it off. Call it off. It’s over. The election is over.”

On the phone with Fox News that afternoon, House Minority Leader Kevin McCarthy, R-Calif., condemned the attack as “un-American” and “unacceptable.”

“I have been in this Capitol for more than 10 years. I’ve never seen anything like this,” McCarthy said.

As the insurrectionists forced their way into the building, they chanted, “Fight for Trump!” and “Hang Mike Pence!”

Pence, as vice president, had the constitutional responsibility of overseeing the typically quiet certification of state election results by Congress. Although Trump urged Pence to reject results from the battleground states that gave Joe Biden his victory, Pence said he would not intervene, enraging the pro-Trump crowd.

As the chaos unfolded, Trump’s media supporters — who would later downplay and deny what happened in various ways — grew concerned and tried to get messages to the president.

Fox News personalities went through his chief of staff Mark Meadows. ​​”Mark, the president needs to tell people in the Capitol to go home,” Laura Ingraham of Fox News wrote. “This is hurting all of us. He is destroying his legacy.” Sean Hannity and Brian Kilmeade sent similar messages to Meadows.

McCarthy, the Republican House leader, was able to reach the president directly to ask him to put a stop to what was going on. McCarthy would later evade questions about the call, but other House members said Trump told him, “Well, Kevin, I guess these people are more upset about the election than you are.”

Around 4 p.m., Trump finally asked his supporters to go home. “This was a fraudulent election. But we can’t play into the hands of these people. We have to have peace. So go home, we love you. You’re very special.”

By the night’s end, democracy was still standing. But the manipulation of the narrative was already underway.

In the days that followed, Trump, some of the loudest and most influential members of the Republican Party and vocal partisan media personalities offered a deluge of justifications, excuses and conspiracy theories to reframe the events of Jan. 6 as no big deal.

  • They said Jan. 6 was instigated by undercover left-wing activists who were part of antifa. That was proved false.

  • They said the rioters hadn’t used force and one Republican congressman likened the events to “a normal tourist visit.” Video proved that wrong.

  • They claimed the attack on the Capitol had nothing to do with race, even though white supremacists and far-right militia groups were among the most active participants, and many rioters wore racist t-shirts.

  • They suggested the whole affair was staged by the government, a false flag operation. Others suggested it was entirely a peaceful protest. All of that was wrong.

  • They said that the rioters were political prisoners and shouldn’t face serious charges. A host of federal judges and courts have held otherwise.

The political shapeshifting was striking. McCarthy at first said that “the president bears responsibility” for the riot. Senate Minority Leader Mitch McConnell called it a “failed insurrection,” said that “the mob was fed lies,” and argued that Trump was “practically and morally responsible for provoking the event of that day.”

But soon they tolerated bizarre claims from lawmakers in their ranks, such as that those arrested for rioting were treated worse than prisoners at Gitmo and that federal agents may have been instigators.

The two Republican leaders disparaged bipartisan efforts to investigate Jan. 6. “There is no new fact about that day that we need the Democrats’ extraneous ‘commission’ to uncover,” McConnell said in a statement.

Even Pence, whose life was in danger, downplayed the unprecedented attack as just “one day in January.”

PolitiFact had many options to choose from for our Lie of the Year: claims that the 2020 election was stolen, claims that the COVID vaccine didn’t work, and this one, lies about the Capitol insurrection.

We picked these lies for two reasons. First, the attack was historically important; a federal judge called it “the most significant assault on the Capitol since the War of 1812.” While some members of Congress lodged protests when the Electoral College count was close, as in 2000, or when individual states had close margins, like Ohio in 2004, never before had Americans overtaken the Capitol to hold up electoral proceedings and threaten lawmakers. In fact, “the peaceful transfer of power” has long been a hallmark phrase in describing, with pride, the American experience.

Second, the events of Jan. 6 were widely broadcast on that day and many days afterward, allowing the public to see for itself exactly what happened. The body of evidence includes direct video documentation and many eyewitness accounts. So efforts to downplay and deny what happened are an attempt to brazenly recast reality itself.

“It’s meant to sow doubt and make us unable to react in the ways we need to react to what is actually a threat to democracy,” said Kate Starbird, an associate professor and expert in misinformation at the University of Washington.

Lies about the Jan. 6 Capitol attack and its significance is the 2021 Lie of the Year.

Change the evidence: Jan. 6 was a peaceful “tourist visit” 

Soon after Jan. 6, people trying to dismiss the day’s importance plucked out isolated images to portray the throng as peaceful people simply walking through the Capitol.

Lou Dobbs, a former Fox Business Network host, dismissed the idea that it was a “full-on riot with armed looters going through the building.” Dobbs said on that very day it wasn’t what he saw.

“As I watched, at least, on a number of occasions, looking at the Statuary Hall, the protesters who had invaded the Capitol were walking between the rope lines. It was really a remarkable scene.”

Months later, U.S. Rep. Andrew Clyde, R-Ga., focused on the same images.

“Watching the TV footage of those who entered the Capitol and walked through Statuary Hall, showed people in an orderly fashion staying between the stanchions and ropes taking videos and pictures,” Clyde said during a May committee hearing. “If you didn’t know the TV footage was a video from Jan. 6, you would actually think it was a normal tourist visit.”

Clyde’s words belied his own actions that day. A Roll Call photographer shared an image of Clyde helping barricade the House chamber door as rioters disrupted Congress. PolitiFact rated his statement about a “normal tourist visit” as Pants on Fire.

Trump said the protesters were downright affectionate.

“It was zero threat, right from the start, it was zero threat,” Trump told Ingraham in March. “Look, they went in, they shouldn’t have done it. Some of them went in, and they are hugging and kissing the police and the guards.”

Capitol Police Sgt. Aquilino Gonell didn’t think so. Gonell told Congress he thought he was going to die as he sought to protect the Capitol. Gonell said officers were “punched, kicked, shoved, sprayed with chemical irritants, and even blinded with eye-damaging lasers by a violent mob” and at one point he felt himself losing oxygen as he was crushed by the rioters.

“I’m still recovering from those ‘hugs and kisses’ that day that (Trump) claimed that so many rioters, terrorists, were assaulting us that day,” Gonell said. “If that was hugs and kisses, then we should all go to his house and do the same thing to him. To me, it’s insulting. It’s demoralizing.”

The rioters caused $1.5 million in property damages. They smashed glass windows and door panels, broke furniture, ruined artwork and ripped historic lanterns from the ground. They stole a laptop in House Speaker Nancy Pelosi’s office, documents from the Senate chamber, escape hoods from police officers’ bags and a Capitol Police vest. Some rioters snatched up items from officials’ offices as if they wanted souvenirs — including a bottle of wine and a Fox News football.

A federal judge ridiculed Clyde’s characterization during a defendant’s sentencing hearing in June.

“I’m especially troubled by the accounts of some members of Congress that Jan. 6 was just a day of tourists walking through the Capitol,” said U.S. District Judge Royce Lamberth, a Reagan appointee. “I don’t know what planet these people are on.”

Excuse it: It wasn’t that big a deal

Despite evidence showing that dozens of rioters were armed with real and makeshift weapons as they tried to overturn the election, claims that Jan. 6 was “not an insurrection” hardened into a popular talking point.

On her show in February, Ingraham said that the events of Jan. 6 paled in comparison with history’s other insurrections. In June, Fox Business Network host Maria Bartiromo said that calling Jan. 6 an armed insurrection is one of the nation’s “biggest lies.”

Those hosts and others zeroed in on the people who wore costumes into the Capitol.

“Come on, guys. Buffalo head guy was poised to take over the U.S. government?” Ingraham said in July, referring to Jacob Anthony Chansley, the so-called “QAnon Shaman” who wore a horned fur cap. “Are you kidding me?”

Some commentators insisted that because no person has been charged with insurrection, the riot couldn’t be considered one. They objected to fatality counts from the riot, noting that Capitol Police Officer Brian Sicknick’s death the day after fighting with rioters was determined to be from natural causes after suffering two strokes.

Fox News host Tucker Carlson repeatedly denied that Jan. 6 had anything to do with race, falsely claiming that white supremacists bore no responsibility for what happened.

“You know what that was, and you also know what it wasn’t,” Carlson said in January on his Fox News program. “It was not an act of racism. It was not an insurrection.”

Several people with known ties to white supremacist groups were involved, including people now facing conspiracy charges. Symbols of white supremacy and anti-Semitism were prominently on display: a hanging gallows; Confederate flags; racist “Pepe the frog” imagery; a “Camp Auschwitz” T-shirt.

Carlson, Bartiromo and others also described a supposed lack of firearms among the rioters. Radio host Buck Sexton wrote in July that “the most ominous weapon that any of the Jan. 6 organizers seemed to have was QAnon Shaman’s spear, with flag attached.”

Sen. Ron Johnson, R-Wis., minimized the attack by arguing in February that it couldn’t be considered an armed insurrection. We rated that Pants on Fire! 

Court documents make clear that many of the people who breached the Capitol that day were armed. As the assault on the Capitol unfolded, Ryan Nichols, a former Marine who carried a crowbar with him, stood on the ledge of a broken Capitol window. “If you have a weapon, you need to get your weapon!” he shouted into a bullhorn.

The rioters brandished bats, crutches, flagpoles, skateboards, hockey sticks, knives, zip ties, chemical sprays, a fire extinguisher and other makeshift weapons, court documents show. They stole and wielded police batons and riot shields. Several had guns on them or stashed nearby.

At least 190 people had been charged with assaulting, resisting or impeding police officers, including over 60 who were charged with using a weapon or causing serious bodily injury to an officer, the Justice Department said in October. More than 65 people have been charged with entering a restricted area with a dangerous or deadly weapon.

The Coup D’etat Project at the University of Illinois’ Cline Center for Advanced Social Research determined shortly after the attack that the storming of the Capitol qualified as an attempted coup.

Several of the weapons charges were filed against members of the Proud Boys, Oath Keepers and other far-right militia groups who wore combat gear and used military-style tactics in the crowd.

Michael Fanone, 40, was one of roughly 140 law enforcement officers injured while defending the Capitol on Jan. 6. Testifying on Capitol Hill in July alongside other officers, he described getting dragged into the crowd, stripped of his badge, beaten, tased and threatened with chants to “kill him with his own gun.” He said he fell unconscious, suffered a heart attack, and was later diagnosed with a concussion, a brain injury and post-traumatic stress disorder.

His testimony did little to chasten the media’s Jan. 6 deniers.

As Fanone spoke, conservative commentator Julie Kelly tweeted that he was a “crisis actor.” Newsmax host Greg Kelly speculated that protesters may have mistaken Fanone as affiliated with antifa, a loosely organized coalition of left-wing anti-fascist activists that has counter-protested and clashed with white supremacists in recent years.

On Fox News, Ingraham mocked Fanone with a sarcastic award for “best performance in an action role.”

Throw everything at the wall: Jan. 6 conspiracy theories

Many of the same right-wing voices who went to great lengths to excuse or minimize the attack also teetered between wild conspiracy theories that sought to entirely rewrite what happened.

They suggested that the violence was the work of antifa, a familiar right-wing specter. And when that was proven false, a number of them, led most conspicuously by Carlson, blamed the FBI.

There was no documented trace of antifa at the Capitol, nor was there ever compelling evidence that the FBI or any other government agency instigated the attack. Eleven months later, with more than 700 people facing charges related to the day’s events, there still isn’t.

But talk about antifa and a “false flag” began to take off on anonymous online forums a little after noon EST on Jan. 6, according to PolitiFact’s day-after analysis.

Shortly after the rioters forced their way past Capitol barricades, posts in pro-Trump Facebook groups were already claiming that antifa was behind what was happening. The idea spread on Twitter and Parler, a social media platform popular with conservatives, then to right-wing radio and TV. Several lawmakers endorsed it.

“I believe that this was agitators strategically placed inside of this group — you can call them antifa, you can call them people paid by the Democratic machine — but to make the Trump campaign, the Trump movement, look bad, and to make this look like it was a violent outrage,” said Rep. Madison Cawthorn, R-N.C., as he phoned into Turning Point USA founder Charlie Kirk’s radio show a little after 3 p.m.

“This has all the hallmarks of Antifa provocation,” Rep. Paul Gosar, R-Ariz., tweeted at 5:04 p.m. He had posted a photo of the pro-Trump crowd at the rally hours before. 

Between 5 and 6 p.m., antifa was mentioned nearly 156,000 times across social media, broadcast and traditional media, and online outlets, according to an analysis from Zignal Labs Inc., a media intelligence firm.

The rumor was part of multiple reports on Newsmax, local news stations owned by Sinclair Broadcast Group, and websites like the Gateway Pundit. By evening, it was mentioned on the House floor and each of Fox News’ three biggest primetime programs — including the shows hosted by Ingraham and Hannity, both of whom sent texts on Jan. 6 urging Meadows to tell Trump to call off the rioters.

Blaming antifa for domestic unrest is a well-worn talking point, said Starbird, the misinformation expert, so people were “already primed to believe that things are being caused by antifa.”

But the pro-Trump rioters made clear they didn’t want give up the credit. They proudly touted their attack, live-streaming themselves from the Capitol, posing for pictures with statues, interviewing with nearby reporters and boasting about their escapades on social media.

“It was not Antifa at the Capitol,” one rioter tweeted. “It was freedom loving Patriots who were DESPERATE to fight for the final hope of our Republic.”

The evidence didn’t seem to matter. Within months, another conspiracy theory developed, claiming that Jan. 6 was an inside job — a false flag operation orchestrated by the FBI.

This one took off thanks to a little-known, right-leaning website called Revolver News, run by Darren Beattie, a former Trump White House speechwriter who was fired in 2018 after appearing on a panel with a white nationalist.

The website’s unproven theory focused on charging documents and the fact that the FBI had used informants and undercover operatives to foil an extremist plot to kidnap Michigan Gov. Gretchen Whitmer.

A cursory look showed the theory was rife with holes, inaccuracies and circumstantial speculation. PolitiFact rated the claim that federal agents directly incited people as False.

But the next day after the Revolver News article appeared, Carlson told his millions of viewers that “the FBI was organizing the riots of Jan. 6.” Beattie came on as a guest.

InfoWars founder Alex Jones said later that he had provided feedback to Revolver News on the article, and that he had helped get it into Carlson’s hands.

Carlson followed up with op-eds and segments promoting the FBI false flag theory. Daily Wire host Candace Owens tweeted that it was “common sense.” House Reps. Marjorie Taylor  Greene, R-Ga., and Matt Gaetz, R-Fla. tweeted out clips of Carlson’s interview with Beattie.

In a House floor speech, Rep. Louie Gohmert, R-Texas, cited the Revolver News article and said he saw Carlson’s segment on it. “This is like Putin kind of activity,” said Gohmert.

Months later, Carlson featured Beattie as a star player in “Patriot Purge,” a three-episode series about Jan. 6 that pushed the FBI and antifa conspiracy theories further.

According to Carlson’s documentary, the FBI had a dystopian end goal. The show warned, falsely, that Jan. 6 was not only a false flag, but a pretext to justify a “purge” of Trump voters — a “new war on terror” that would turn the national security apparatus inward and strip millions of their rights.

The show turned the Jan. 6 perpetrators into victims. They weren’t attacking democracy; they were victims of the deep state. The tactic allowed Trump supporters to “fight the sort of cognitive dissonance of who you think your side is, and what you think you’re about,” Starbird said.

Dismiss it: Further investigation isn’t necessary

The loudest deniers of what happened on Jan. 6 weren’t shouting into a void. As Carlson and others pushed their false narratives about antifa and the FBI, Republican lawmakers responded to the attack with another form of downplay: silence.

Months after the siege, even those who initially condemned the attack decided that the day was no longer worth talking about. Americans had learned enough about what happened, they said. There would be no need to probe further. Outrage was unnecessary. It was time to move on.

McCarthy and McConnell, both outspoken in the wake of the attack, corralled their members to shoot down a bipartisan bill that would have formed an independent commission in the mold of the body that investigated the terrorist attacks of Sept. 11, 2001.

“I think we have a pretty good idea what happened (on Jan. 6); I was here,” said Sen. John Cornyn, R-Texas, in late May. “And this is unlike the 9/11 Commission in that respect.”

“The Jan. 6 commission would have ultimately been one party investigating the other,” Rep. Michael Burgess, R-Texas, said in June.

The bill was sponsored by Homeland Security Committee Chairman Bennie Thompson, D-Miss., and Ranking Member John Katko, R-N.Y. McConnell said it was slanted because the chair, appointed by the Democrats, would have hired the staff. McCarthy called it “duplicative.”

The bill passed the House in May with support from 35 Republicans, who defied McCarthy’s recommendation to vote against it. The 175 Republicans who opposed the commission included some who had at first spoken out against the rioters, including Gallagher, the Wisconsin representative who told Trump to “call it off” on CNN. About a week later, the Senate’s Republicans killed the bill.

“It isn’t designed to produce a serious inquiry,” Sen. Marco Rubio, R-Fla., tweeted. “It’s designed to be used as (a) partisan political weapon.”

When the House responded with a measure to form its own select committee, all but two Republicans in the House voted against it. Few stood up to defend their vote during a floor debate. More than two dozen skipped the debate entirely, opting instead to spend the day with Trump at the border.

“We need to spend our time finding solutions and helping Americans, not creating partisan commissions to do work that has already been done competently by the U.S. Senate and by law enforcement,” said Rep. Michelle Fischbach, R-Minn., on the House floor.

The committee that ultimately formed includes just two Republicans, both outliers in their own party. McCarthy withdrew all five of his recommendations after Pelosi rejected two of them.

“We will run our own investigation,” McCarthy vowed in July.

But he never did.

“There’s nothing I have that can add to that day,” McCarthy told a local TV station during an interview in September. Pressed about his own phone call with Trump on Jan. 6, he added: “I have nothing to hide, but I have nothing to add.”

It was a stunning about-face for Republicans who have otherwise said they support the police and law-and-order measures.

Despite the claims of partisanship, the goal of the Jan. 6 rioters was to stop a legitimate election process by force, noted Tom Nichols, a former Republican who writes about democracy and politics.

“I have never seen a situation where elected officials’ lives were in danger, and they downplayed what happened,” Nichols said. “Those protesters did not differentiate between Republicans and Democrats — they were going to hang Mike Pence.”

What lies about Jan. 6 tells us about American democracy

Nearly a year later, there is zero evidence to say that Jan. 6 was an antifa operation, a tourist visit, a false flag, or an uneventful day to forget.

The falsehoods were not without isolated criticism on the right. Fox News correspondent Geraldo Rivera criticized the “outrageous and uncorroborated” claims in Carlson’s documentary series. The two co-founders of The Dispatch, both Fox News contributors for years, resigned in November from the network over the series. Chris Wallace, the network’s premier journalist, recently left the network; NPR reported that Wallace had expressed concerns to network leadership about the Carlson documentary.

Rep. Liz Cheney, R-Wyo., who rejected Trump’s false election fraud claims and voted to impeach him over what happened on Jan. 6, is one of two Republicans to serve on the House select committee, and used her standing to blast the “false flag” conspiracy theory.

“It’s un-American to be spreading those kinds of lies, and they are lies,” Cheney said.

But the repetition of the Jan. 6 falsehoods demonstrates that a political movement can coalesce around obvious lies — and that, despite the facts, it can be difficult to stand against.

“This is our new world — denial of what your eyes are actually seeing,” said Laura Thornton, director and senior fellow at the Alliance for Securing Democracy at the German Marshall Fund of the United States.

“The effort to rewrite history in the service of political power goals is not unheard of in America or anywhere else,” said Theda Skocpol, a Harvard political scientist who has studied the Tea Party and anti-Trump resistance. “What is brazen is the history they want to rewrite includes pictures of what actually happened.”

“Because Jan. 6 was not successful, now they have to rewrite history and in some cases they were doing that in 24 hours, saying you didn’t see what you saw,” added Phillipe Copeland, clinical assistant professor at Boston University School of Social Work.

So far, the consequences for what happened before, during and after Jan. 6 have been limited to rioters like the “QAnon Shaman” who were charged or sentenced for storming the Capitol.

Political leaders and pundits, on the other hand, are going about business as usual. Trump, acquitted in the Senate for a second time, may run again in 2024. McCarthy is angling to take back the speakership. Carlson remains one of the most-watched cable news hosts on TV.

Meanwhile, Cheney was cast out of the mainstream of the Republican Party when the House removed her in May from her leadership position after her impeachment vote. Similar moves against Republicans who criticized Trump have taken place across the country.

It’s a sign that elections could remain a contested space for years to come, as Republican grievances about the outcome of the 2020 election fuel the rewriting of election laws around the country. And it’s a sign that Jan. 6 downplay and denial could be hardening into yet another litmus test for Republicans. Primaries in 2022 are shaping up to be contests where pro-Trump loyalists challenge anyone who dissents.

“We are in an extremely dangerous place,” said Thornton. “An attack on your Capitol where people are threatening to murder the vice president is bad enough, but when you have a political party — one of two in our country — that are downplaying or diverting or misrepresenting, it’s extremely upsetting. I don’t know how we come back from that.”