The congressional committee investigating the January 6 insurrection delivered a comprehensive and compelling case for the criminal prosecution of Donald Trump and his closest allies for their attempt to overturn the 2020 election.
But the committee zoomed in so tightly on the culpability of Trump and his inner circle that it largely cropped out the dozens of other state and federal Republican officials who supported or enabled the presidents multifaceted, months-long plot. The committee downplayed the involvement of the legion of local Republican officials who enlisted as fake electors and said almost nothing about the dozens of congressional Republicans who supported Trumps effortseven to the point, in one case, of urging him to declare Marshall Law to overturn the result.
With these choices, the committee likely increased the odds that Trump and his allies will face personal accountabilitybut diminished the prospect of a complete reckoning within the GOP.
David Frum: Justice is coming for Donald Trump
That reality points to the larger question lingering over the committees final report: Would convicting Trump defang the threat to democracy that culminated on January 6, or does that require a much broader confrontation with all of the forces in extremist movements, and even the mainstream Republican coalition, that rallied behind Trumps efforts?
If we imagine that preventing another assault on the democratic process is only about preventing the misconduct of a single person, Grant Tudor, a policy advocate at the nonpartisan group Protect Democracy, told me, we are probably not setting up ourselves for success.
Both the 154-page executive summary unveiled Monday and the 845-page final report released last night made clear that the committee is focused preponderantly on Trump. The summary in particular read more like a draft criminal indictment than a typical congressional report. It contained breathtaking detail on Trumps efforts to overturn the election and concluded with an extensive legal analysis recommending that the Justice Department indict Trump on four separate offenses, including obstruction of a government proceeding and providing aid and comfort to an insurrection.
Norm Eisen, a senior fellow at the Brookings Institution and the former special counsel to the House Judiciary Committee during the first Trump impeachment, told me the report showed that the committee members and staff were thinking like prosecutors. The reports structure, he said, made clear that for the committee, criminal referrals for Trump and his closest allies were the endpoint that all of the hearings were building toward. I think they believe that its important not to dilute the narrative, he said. The utmost imperative is to have some actual consequences and to tell a story to the American people. Harry Litman, a former U.S. attorney who has closely followed the investigation, agreed that the report underscored the committees prioritization of a single goal: making the case that the Justice Department should prosecute Trump and some of the people around him.
If they wind up with Trump facing charges, I think they will see it as a victory, Litman told me. My sense is they are also a little suspicious about the [Justice] Department; they think its overly conservative or wussy and if they served up too big an agenda to them, it might have been rejected. The real focus was on Trump.
In one sense, the committees single-minded focus on Trump has already recorded a significant though largely unrecognized achievement. Although theres no exact parallel to what the Justice Department now faces, in scandals during previous decades, many people thought it would be too divisive and turbulent for one administration to look back with criminal proceedings against a former administrations officials. President Gerald Ford raised that argument when he pardoned his disgraced predecessor Richard Nixon, who had resigned while facing impeachment over the Watergate scandal, in 1974. Barack Obama made a similar case in 2009 when he opted against prosecuting officials from the George W. Bush administration for the torture of alleged terrorists. (Nothing will be gained by spending our time and energy laying blame for the past, Obama said at the time.)
As Tudor pointed out, it is a measure of the committees impact that virtually no political or opinion leaders outside of hard-core Trump allies are making such arguments against looking back. If anything, the opposite argumentthat the real risk to U.S. society would come from not holding Trump accountableis much more common.
There are very few folks in elite opinion-making who are not advocating for accountability in some form, and that was not a given two years ago, Tudor told me.
Yet Tudor is one of several experts I spoke with who expressed ambivalence about the committees choice to focus so tightly on Trump while downplaying the role of other Republicans, either in the states or in Congress. I think its an important lost opportunity, he said, that could narrow the publics understanding as to the totality of what happened and, in some respects, to risk trivializing it.
Read: The January 6 committees most damning revelation yet
Bill Kristol, the longtime conservative strategist turned staunch Trump critic, similarly told me that although he believes the committee was mostly correct to focus its limited time and resources primarily on Trumps role, the report doesnt quite convey how much the antidemocratic, authoritarian sentiments have metastasized across the GOP.
Perhaps the most surprising element of the executive summary was its treatment of the dozens of state Republicans who signed on as fake electors, who Trump hoped could supplant the actual electors pledged to Joe Biden in the decisive states. The committee suggested that the fake electorssome of whom face federal and state investigations for their actionswere largely duped by Trump and his allies. Multiple Republicans who were persuaded to sign the fake certificates also testified that they felt misled or betrayed, and would not have done so had they known that the fake votes would be used on January 6th without an intervening court ruling, the committee wrote. Likewise, the report portrays Republican National Committee Chair Ronna Romney McDaniel, who agreed to help organize the fake electors, as more of a victim than an ally in the effort. The full report does note that some officials eagerly assisted President Trump with his plans, but it identifies only one by name: Doug Mastriano, the GOP state senator and losing Pennsylvania gubernatorial candidate this year. Even more than the executive summary, the full report emphasizes testimony from the fake electors in which they claimed to harbor doubts and concerns about the scheme.
Eisen, a co-author of a recent Brookings Institution report on the fake electors, told me that the committee seemed to go out of their way to give the fake electors the benefit of the doubt. Some of them may have been misled, he said, and in other cases, its not clear whether their actions cross the standard for criminal liability. But, Eisen said, if you ask me do I think these fake electors knew exactly what was going on, I believe a bunch of them did. When the fake electors met in Georgia, for instance, Eisen said that they already knew Trump had not won the state, it was clear he had not won in court and had no prospect of winning in court, they were invited to the gathering of the fake electors in secrecy, and they knew that the governor had not and would not sign these fake electoral certificates. Its hard to view the participants in such a process as innocent dupes.
The executive summary and final report both said very little about the role of other members of Congress in Trumps drive to overturn the election. The committee did recommend Ethics Committee investigations of four House Republicans who had defied its subpoenas (including GOP Minority Leader Kevin McCarthy, the presumptive incoming speaker). And it identifie GOP Representative Jim Jordan, the incoming chair of the House Judiciary Committee, as a significant player in President Trumps efforts while also citing the sustained involvement of Representatives Scott Perry and Andy Biggs.
But neither the executive summary nor the full report chose quoted exchanges involving House and Senate Republicans in the trove of texts the committee obtained from former White House Chief of Staff Mark Meadows. The website Talking Points Memo, quoting from those texts, recently reported that 34 congressional Republicans exchanged ideas with Meadows on how to overturn the election, including the suggestion from Representative Ralph Norman of South Carolina that Trump simply declare Marshall Law to remain in power. Even Representative Adam Schiff of California, a member of the committee, acknowledged in an op-ed published today that the report devoted scant attention …[to] the willingness of so many members of Congress to vote to overturn it.
Nor did the committee recommend disciplinary action against the House members who strategized with Meadows or Trump about overturning the resultalthough it did say that such members should be questioned in a public forum about their advance knowledge of and role in President Trumps plan to prevent the peaceful transition of power. (While one of the committees concluding recommendations was that lawyers who participated in the efforts to overturn the election face disciplinary action, the report is silent on whether that same standard should apply to members of Congress.) In that, the committee stopped short of the call from a bipartisan group of former House members for discipline (potentially to the point of expulsion) against any participants in Trumps plot. Surely, taking part in an effort to overturn an election warrants an institutional response; previous colleagues have been investigated and disciplined for far less, the group wrote.
By any measure, experts agree, the January 6 committee has provided a model of tenacity in investigation and creativity in presentation. The record it has compiled offers both a powerful testament for history and a spur to immediate action by the Justice Department. It has buried, under a mountain of evidence, the Trump apologists who tried to whitewash the riot as a normal tourist visit or minimize the former presidents responsibility for it. In all of these ways, the committee has made it more difficult for Trump to obscure how gravely he abused the power of the presidency as he begins his campaign to re-obtain it. As Tudor said, Its pretty hard to imagine January 6 would still be headline news day in and day out absent the committees work.
But Trump could not have mounted such a threat to American democracy alone. Thousands of far-right extremists responded to his call to assemble in Washington. Seventeen Republican state attorneys general signed on to a lawsuit to invalidate the election results in key states; 139 Republican House members and eight GOP senators voted to reject the outcome even after the riot on January 6. Nearly three dozen congressional Republicans exchanged ideas with Meadows on how to overturn the result, or exhorted him to do so. Dozens of prominent Republicans across the key battleground states signed on as fake electors. Nearly 300 Republicans who echoed Trumps lies about the 2020 election were nominated in Novembermore than half of all GOP candidates, according to The Washington Post. And although many of the highest-profile election deniers were defeated, about 170 deniers won their campaign and now hold office, where they could be in position to threaten the integrity of future elections.
From the November 2022 issue: Bad losers
The January 6 committees dogged investigation has stripped Trumps defenses and revealed the full magnitude of his assault on democracy. But whatever happens next to Trump, it would be naive to assume that the committee has extinguished, or even fully mapped, a threat that has now spread far beyond him.
“We sat in the yard from 8am to 5pm under the sun with no water or food.”
Sixteen-year-old Mohammed* was separated from his mother by Israeli forces as his family tried to flee northern Gaza.
Mohammed’s mother was taken to a “sandy pit” with other women and children and sat in the heat for hours before the group were released and told to move south. She took this video as she waited.
Mohammed and his mother are among tens of thousands of Palestinians who have been forced to flee northern Gaza in the past few weeks, as Israel’s military assault against Hamas has intensified.
Using geolocated videos, an interview with a teenage boy held in a school by Israeli forces and evacuation orders issued by the military, Sky News has investigated the conditions that some civilians have faced while leaving.
Our analysis of the evacuation orders reveals that over the course of five days in mid-October, the Israeli military ordered the evacuation of 90% of the North Gaza governorate – an area half the size of Manchester. The UN says within two weeks in October alone, 60,000 people were displaced from North Gaza.
It comes as experts told Sky News Israel has a responsibility as the occupying power to look after civilians, “especially those civilians it may move for military reasons”.
In response to our report, the IDF said it makes “every effort to prevent harm to uninvolved civilians” and takes “additional measures” alongside evacuation maps to move civilians to safer areas.
It said: “Extensive efforts are being made to identify each individual examined and to detain only those who are terror operatives or suspected of being involved in terrorist activities”. It added that those who are not involved are released “as soon as possible” and IDF protocols are to “treat detainees with dignity”.
Videos show mass evacuations
Northern Gaza has become the focus of Israel’s military efforts in the strip. It says it aims to destroy Hamas who they say are regrouping in the north.
Sky News geolocated 17 videos and images taken by civilians, soldiers and shared by the IDF showing mass evacuations and detentions in northern Gaza posted online in the past three weeks.
The footage below shows hundreds of civilians fleeing on foot. Taken from an Israeli armoured vehicle, women and children are seeing carrying their belongings. It offers a glimpse into the scale of the evacuations taking place in the north.
We mapped the locations of these videos to an area just north of the Indonesian Hospital. The IDF has also published multiple videos online in the past two weeks showing its efforts to help civilians leave.
But other footage, geolocated to a similar area, captures a different part of the IDFs operation.
One video, posted online on 23 October, shows at least 23 Palestinian men barefoot, blindfolded, dressed in white suits and led away by Israeli soldiers.
The IDF had said in the days previously, that its forces had been operating against “terrorists” in the area. But the exact circumstances of this video are unclear.
Defence and security analyst Professor Michael Clarke says that while it’s not “unreasonable” to separate people for interrogation in a counter-terrorist operation, there are conditions.
He said: “They have to be interrogated properly. They can’t be held indefinitely. They have to have some form of representation and evidence has to be produced. Simply taking all the men away and locking them up is strictly against the laws of war and the Geneva Convention.”
In response, the IDF said recently its forces have been operating in Jabalia in northern Gaza against “terrorist infrastructure” and Hamas militants and has detained and questioned “individuals suspected of involvement in terrorist activities”.
It added that “relevant suspects are transferred for continued detention and investigation in Israel” and those who are not involved are released, adding that individuals detained are treated “in accordance with international law”.
Teenager separated from family
Mohammed is among Palestinians who have been separated from their family during evacuation. With his parents, the family started their journey out of northern Gaza on 22 October after an Israeli evacuation order for Beit Lahia was issued that morning.
Mohammed said they walked from a house they were staying at near the Kamal Adwan Hospital and headed towards the Indonesian Hospital. His mother said casualties were “flooding” in and out of the hospital and described it as “the most terrifying scene ever”.
Mohammed said: “The soldiers were laughing at us and hurling insults as we walked among them… When we arrived at the Indonesian hospital, the solders separated the men from the women and put them in a school and made the women continue walking along Salah al Din Road.
“I’m 16 years old, I’m still young. I continued walking with my mother, but the soldier ordered me in Arabic to go to the school.
“My mother told me, ‘don’t answer him and keep walking with me. I can’t leave you alone’. My father went, but I was still walking with my mother. But then the soldier raised his weapon at me and said to me, ‘I told you to go the school’.”
Mohammed and his father were taken to the al Kuwait School next to the hospital where they were ordered to sit outside for nine hours. His mother, separated from her son, was told to continue walking towards the Salah al Din Road.
He said: “The army was summoning 10 people then 10 more for examination for security… they put them in white uniforms blindfolded and walked barefoot the soldiers beat them if they fell.”
With a group of women and children, Mohammed’s mother was taken to a sandy area just off the Salah al Din Road where they sat in the sun for hours before eventually being released and walking to Gaza City. Three of the videos we geolocated were taken by Mohammed’s mother, 800m south of the Indonesian Hospital.
She told Sky News: “I filmed everything. I don’t know why I did it, I just wanted to show my son and husband what we were experiencing when I was reunited with them.”
Mohammed and his father were released separately that evening. He says he walked for five hours with no clothes to get to Gaza City, where he found his parents. They are unsure when or if they will be able to return safely to the north.
In response, the IDF said it addresses and examines events that deviated from IDF values through “command and disciplinary measures”. It said requested details necessary to examine the claim “were not provided” and therefore are unable to further review them.
Journey to Mawasi over 16km
The Israeli military has urged civilians to go to al Mawasi – a strip of land on the coast in southern Gaza which it deems a “humanitarian zone”. The United Nations humanitarian agency has said Gaza’s population of 2.3 million is increasingly concentrated in al Mawasi.
The military has frequently posted evacuation maps online – telling civilians which zones to leave and where they should go.
These maps are not the only form of evacuation notices issued by the IDF, who also use other methods like leaflets. But the Israeli military says they are created to minimise civilian casualties and Gazans are often told to refer to them.
Since the start of October, our analysis found the IDF’s Arabic spokesperson has posted three evacuation maps for northern Gaza – on 7, 8 and 12 October.
Two of the maps, posted on 7 and 8 October, show the same area, covering the majority of North Gaza governorate. The third map, posted on 12 October, covers the neighbourhood of Jabalia. Sky News compared these maps with UN maps of Gaza’s official administrative boundaries.
It is possible that the IDF has issued more evacuation orders in the period we analysed using maps and other methods which were not posted online. Our analysis is based on the information they have posted on their social media accounts.
Our analysis found that the areas evacuated between 7 and 12 October encompass 90% of the North Gaza governorate. The UN told Sky News that an estimated 90,000 people remain in the region.
Of the three maps we found, only one of them details the time period in which civilians were safe to travel on the given route. The other two do not provide a length of the evacuation order or an expiry date.
In response, the IDF said since the start of the war over two million evacuation notifications have been distributed, more than 12 million flyers have been dropped, over 100,000 phone calls made and over 800,000 voice messages sent for evacuations.
Measuring the distance between our geolocated videos of the evacuations and the Mawasi zone, we found civilians would have to walk at least 16km to get there.
We also found that the three hospitals that have recently been operational in northern Gaza – Kamal Adwan Hospital, Indonesian Hospital and al Awda Hospital, were included on two of the three evacuation maps we found.
The IDF expanded the area of the al Mawasi zone in October but has been criticised for its lack of support for civilians who have moved there.
Professor Clarke said: “If the Israelis are moving these people out, that can be permissible if they can provide evidence that they are providing for these people at the other end of their journey.
“Now, so far in the evacuations that we’ve seen in the last 12 months in Gaza, that has not been the case. The best the Israelis have managed is to allow the UN and relief organisations to do something. But the fact is it’s their responsibility, not the UN responsibility. It’s their responsibility as the occupying power to look after civilians, particularly civilians it may move for military reasons.”
The IDF said as part of its efforts in the humanitarian zone of al Mawasi, “proactive calls” were made for civilians to evacuate “to an area into which humanitarian aid was transported, including food, water, medical supplies, and shelter equipment, which included the provision of 40,000 tents purchased by the State of Israel”.
It added that due to recent operations in the Jabalia area, “prior notifications indicated the need for evacuation… which also includes several hospitals”. It said officials from the Palestinian healthcare system and international community requested IDF assistance in safely evacuating the hospitals in the area.
The military said “no specific time frame was set for the evacuation of the hospitals, and evacuations have been ongoing”.
There have also been significant changes to infrastructure in northern Gaza. Satellite imagery taken 10 days apart shows the disappearance of two large displacement camps and tents set up in schools.
Over 50 tents in a civilian displacement camp less than 500m north of the Indonesian Hospital is visible in imagery taken on 14 October but is not visible in an image taken on 24 October.
Another camp with over 100 tents less than 2km south is also not visible in the latest imagery of the area.
It’s unclear whether the camp was cleared by the military or civilians. The IDF facilitated evacuations in the area near the Indonesian Hospital within the 10-day period when the images were taken.
It’s not yet clear how long the Israeli offensive in the north will continue for. Aid organisations and members of the international community like the UN Palestinian refugee agency (UNRWA), have raised concerns about the humanitarian situation in northern Gaza, citing limited humanitarian aid getting through.
*Mohammed’s name has been changed to protect his identity.
Additional reporting by Celine Alkhaldi, Middle East producer, Michelle Inez Simon, visual investigations producer, Sam Doak, OSINT producer and Adam Parker, OSINT editor.
The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open-source information. Through multimedia storytelling, we aim to better explain the world while also showing how our journalism is done.
Up to 4,000 people voting overseas in the US election are having their ballots challenged in Pennsylvania, a key battleground state, according to the American Civil Liberties Union (ACLU).
They include Selma Aldi, 47, from Camden in north London who received a letter on Sunday explaining that her ballot in the US presidential election is at risk of being rejected.
“It was a shock,” she said. “It was terrifying to be targeted, to potentially lose a right that I hold as very important. It’s even a feeling that someone is questioning my identity.”
The trainee GP, who grew up in Hershey, Pennsylvania left America in 2000 but has voted via absentee ballot in every US presidential election since.
A letter from election officials in Dauphin County outlines the legal challenge. It reads: “The applicant is not registered to vote and therefore is not eligible to vote in Pennsylvania.
“Under Pennsylvania law, it is a felony to permit any person to vote who is not registered.”
More on Pennsylvania
Related Topics:
A hearing on the legal challenge is scheduled for Friday, in which Ms Aldi can respond.
Around 2.8 million US citizens living abroad are entitled to vote in the election, no matter where they are on polling day.
Advertisement
But each state has different procedures and rules on how election paperwork can be sent and received.
But Ari Savitzky, senior staff Attorney at the ACLU said “any attempt to challenge [voters] eligibility is a clear violation of their rights”.
He told Sky News: “Between 3,000 and 4,000 challenges have been filed in Pennsylvania to the absentee ballots of US citizens living abroad.
“For decades, federal law has guaranteed the right of US citizens living abroad to vote in federal elections at their last US residence.
“In addition to being legally baseless, these challenges are an abuse to voters and to election administrators.”
Deborah Hinchey from another voting rights group, All Voting is Local, said: “Election deniers across Pennsylvania have submitted thousands of mass challenges to overseas voters.
“They want to block as many ballots as possible and silence our voices… but these baseless challenges have failed before and the proper checks and balances are in place to make sure they’ll fail again,” she added.
Tonight, Sky News will have access to the most comprehensive exit poll and vote-counting results from every state, county and demographic across America through its US-partner network NBC.
You can find out more about Sky News’ coverage here.
An apparent firebomb attack at a DHL warehouse in Birmingham, linked to Russian-backed saboteurs, was believed to be a trial run for a US attack, according to Polish officials.
Poland’s National Prosecutor’s Office has confirmed four arrests after parcels “containing explosives” were allegedly sent via courier companies to countries including the UK.
Counter-terror police in the UK are already investigating whether Russia had any involvement after a suspicious package caught fire at a DHL warehouse in Minworth in July.
Authorities in Germany are also examining several fires thought to have been caused by incendiary devices hidden inside parcels at a warehouse in Leipzig.
Polish Prosecutor Katarzyna Calow-Jaszewska said the latest arrests were related to parcels “which spontaneously ignited or detonated during land and air transport” to EU countries and the UK.
She said the group’s goal was allegedly “to test the transfer channel for such parcels, which were ultimately to be sent to the United States of America and Canada”.
More on Birmingham
Related Topics:
She added that four people involved in “sabotage” and “of an international nature were detained”.
On Monday, Counter Terrorism Policing said the arrests reported by Polish authorities were not carried out as part of its investigation.
Advertisement
It coincides with reports by the Wall Street Journal (WSJ) that the devices were “electric massagers implanted with a magnesium-based flammable substance” and “part of a wider Russian plot”.
Russia has denied involvement. A Kremlin spokesperson told the US newspaper the claims were “traditional unsubstantiated insinuations from the media”.
A suspicious fire took hold in July at a DHL warehouse in the UK after a package arrived by air, but further details about the plane and its flight path are unknown.
Last month British police said their investigation was “being led by officers from the Met’s Counter Terrorism Command with support from colleagues from Counter Terrorism Policing West Midlands”.