We, as Americans, have a boatload of rights under our Constitution that people worldwide salivate with envy wanting to achieve; some risk their lives to come here. But, like many others, I sit in front of my computer screen(s), taking my freedom for granted. Yet every day in courtrooms and legislatures, we learn these freedoms aren’t free. Today, we can’t sit on our couches, desk chairs, or lounge in bed and feel secure that these rights are guaranteed.
Many issues involving Donald Trump are working their way through state and federal courts, but we’ll focus on the “Stop the Steal” campaign based on whether or not he won the 2020 Presidential Election. A vital element of this case is whether or not Trump believed he won the November election. Or did he engage in a campaign to regain the role during the first two months leading up to the invasion of the Capitol on January 6, 2021? This the date Congress scheduled the customary confirmation of the Electoral College ballots for President.
America is not perfect. Our people have legitimate grievances, but using bullhorns or microphones to urge violence will not begin to solve our problems.
Millions of Americans support Donald Trump and will play a role in the 2024 election. As many as four in ten Americans have indicated their support for Trump in the 2024 primary. Critical to determining his case in court is a question similar to that asked of Nixon: ”What did he know and when did he know it?” The answer to this question is crucial in determining his guilt or innocence. Did Trump sincerely believe he won the election, or did he plant the idea by constant repetition on Fox News and other media strongly supported by his followers?
Trump’s attorney, John Lauro, has defended him, saying “in his heart of hearts,” Trump believed he had won. On the other hand, the prosecutors’ indictment lists over 100 allegedly false claims made by Trump with times, places, and witnesses. But Trump is not required to produce any evidence in this January 6 trial. The burden of proof is with the prosecution, and Trump has been advised to stay off the witness stand so that he could be speechless, but that does not fit his personality. He said this week he will testify on his behalf.
He could waive his Fifth Amendment right against self-incrimination. However, then he could be cross-examined on every charge in the indictment. (Trump has a history of refusing to answer questions in cases related to his business. In one case, he refused to answer 400 times in a civil suit, but he could only lose money there. The stakes are higher here. Ironically, previously, he stated publicly: “If you’re innocent, why are you taking the Fifth?”) If Trump maintains his statements are correct, he could be contradicted by prosecution witnesses. Attorney Lauro said the prosecution must prove Trump’s statements were “knowingly false.”
As he has in similar situations, Trump could also say, “I got advice from counsel.” Still, this waiver is tricky in his case because both John Eastman and Rudy Guiliani have acted as his counsel, but both are co-defendants. Each could give up their claim of confidentiality if subpoenaed by the prosecution.
Let’s hope we get clarity as the jurors analyze the case, as they will have much information to review.
More recently, Trump said: “If you come after me, I will come after you,” which could be seen as threatening to witnesses, prosecutors, and judges alike. In the political world, among his supporters, such language can be spoken without consequences. But on September 6, 2023, the judge in this case ruled such words have consequences and are fining Trump and his two sons $10,000 each for recent comments.
Mistrust of the electoral process received encouragement long before the last ballot was cast in November 2020. What happened in the lead up to the election?
- Trump urged skepticism on mail-in ballots on July 30, 2020: “I don’t want to see (a term like ‘projected winner’) a week after November 3 or a month, or frankly, with litigation and everything else that can happen. Or you never even know who won the election.”
- Six weeks before the election in the Presidential Debate on September 29, 2020, Donald Trump called upon the militant extremist Proud Boys to prepare for action by telling them to “stand back and stand by,” which spurred the group’s membership to triple by January 6.
- On October 31, 2021, Trump’s 2020 chief campaign executive and Far Right podcaster Steve Bannon provided Trump with a post-election strategy: “What Trump’s going to do is just declare victory. That doesn’t mean he’s a winner. He’s just going to ‘say’ he’s a winner.
- Roger Stone, a long-time Republican operative with a tattoo of Richard Nixon on his back and an Academy Award as a writer-director, assisted Trump’s 2016 campaign before his 2019 jailing. In the video “Stone Storms DC” (December 2021), he said: “We will fight to the bitter end for an honest count of the 2020 election.” The concept of battle is inserted by Stone, a formerly decorated Vietnam officer. While no one can object to an “honest count,” the question is whether or not Stone defines “honest” as anything other than a Trump victory.
- Stone was convicted by a jury in 2019 on seven charges, including witness tampering, lying to Congress, obstruction, and collaborating with WikiLeaks to release Democratic emails hacked by Russia to damage Hillary Clinton in the 2016 Presidential Election. The jury found Stone guilty of lying to the U.S. House Intelligence Committee about his role in Russian interference during the Mueller investigation. He is out of prison now because Trump pardoned him before leaving the White House in 2020. Likely, Stone’s gearing up to assist again with the 2024 campaign.
November 2020, Election Day
- As the vote began for Biden in 2020, Trump alleged an attempt to “disenfranchise” people who voted for Trump. “We will be going to the Supreme Court. We want all voting to stop. We don’t want them to find any ballots at 4 in the morning and add them to the list.”
- Until Americans become informed and vote in primaries and general elections, we risk tossing democracy on the fire of our discontent.
How did actions early January 6 influence events at the Capitol later?
At 1 a.m., in the wee hours before the riot, Trump tweeted: “If Vice President Mike Pence comes through for us, we will win the presidency.” Trump established Pence as the scapegoat for the mob. The gallows set up later that day outside the Capitol was intended for Pence if he failed to deliver, but the device had already been constructed and was on its way to the Capitol.
11:30 am Stop the Steal organizer Ali Alexander tweeted: “First Official Day of the Rebellion”
12:53 pm Trump went to the Eclipse, between the White House and the Capitol, to begin a fiery speech to the Save America rally before the mob marched to the Capitol in support of his claim that the 2020 presidential race was stolen, according to Newsweek. Without evidence, Trump rambled for 1 hour and 11 minutes, claiming a “landslide” victory and feeding the crowd unsubstantiated details about hundreds of thousands of fake Biden votes (Example: he claimed more dead people voted than all the key states reported together succumbed in prior years) in support of his” Stop the Steal.” During his speech, Trump told supporters to “never concede” and to “fight like hell, or you’re not going to have a country anymore.”
He may have followed legal advice because Trump never overtly told the crowd to go up to the Capitol and bash the heads of people who do not support me. But thousands of people stormed the Capitol, and five died during the insurrection.
- Trump promised the mob that reached as many as 120,000 outside and 2000 inside the Capitol that he would join them on the march to the Capitol: “ I will join you,” he said as he finished his remarks. The Secret Service screened 25,000 for access to the restricted area where Trump spoke, possibly leaving thousands of others who were not checked for metal, guns, or other weapons. The Secret Service sensed the danger and steered Trump back to the White House, where he began watching the insurrection on television at 1:19 pm.
- Before ending his lengthy tirade, some of the Proud Boys headed up to the Capitol, which could have been part of the plan to give Trump cover since the confrontation began before the crowd from the Eclipse reached the Capitol.
- Throughout the four-plus hour melee at the Capitol, many leading Republicans seeking calm requested, then begged Trump to call off his supporters. Trump ignored their calls, texts, and emails, continuing to watch the event on television. Throughout the buildup, he told his troops January 6 “would be wild,” but that day, he asked them to “stay peaceful,” but before leaving them, he told them to “fight like hell.” Was that asking for peace?
- After 4 pm that day, long after the damage had been done and lives lost, Trump told his supporters to “go home now.” Trump complained the rioters were a natural consequence of Trump’s victory being “stripped away” despite no fraud being found after expensive voter recounts were made in critical states and the Trump campaign lost 60 lawsuits that attempted to overturn the 2020 vote.
- “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly and unfairly treated for so long,” Trump tweeted to his base. “Go home with love & peace. Remember this day forever.”
- Before Trump’s video release, Biden spoke in person, condemning the riots and demanding that Trump do the same. “I call on President Trump to go on national television now, to fulfill his oath and defend the Constitution and demand an end to this siege.”
January 6 consequences:
Four who died were Trump supporters. One police officer died at the scene, then in subsequent days, one officer suffered a fatal heart attack, and another committed suicide.
- To date, 1,000 people have been arrested on charges related to January 6. About 518 of the 2000 people who entered the Capitol or assaulted police officers have pleaded guilty to federal crimes and been charged. ABC estimates that 2,000 people participated inside the Capitol. The leaders of the insurrection have been prosecuted, found guilty, and sentenced to prison.
- Proud Boys Chairman and key instigator Enrique Tarrio, 39, received a 22-year sentence for the sedition conspiracy to block the peaceful power transfer following the 2020 election. D.C. District Judge Timothy Kelly, a Trump appointee, called Tarrio a “naturally charismatic leader” who used his talents to “enflame and radicalize untold numbers of followers, promoting political violence in general and orchestrating the charged conspiracies in particular.” He attached a charge of “terrorism” to the sentence in laying down a conviction.
- Zachary Rehl, Philadelphia Proud Boys leader, was sentenced to 15 years. Rehl admitted his efforts failed to support the truth. “I am done peddling lies for people who don’t care about me.” It doesn’t take a lot of thought to determine who he might have been “peddling lies for.”
- 29 Proud Boys have been arrested with their cases now in the courts.
- Jacob Chansley, the QAnon Shamon dressed in the fur and horned helmet (who appeared sitting in House Speaker Nancy Palosi’s chair), received 41 months.
- Stewart Rhodes, leader of the Oath Keepers, a former Army paratrooper and disbarred attorney, was convicted and sentenced to 18 years for plotting to use force to block Congress from certifying a Presidential election. Twenty-three members of the Oath Keepers have been arrested.
- Thomas Webster, 56, an ex-New York City police officer, received a ten-year sentence for assaulting an officer.
- In all, 62 members of Proud Boys, Oath Keepers, and Three Percenters have been arrested. In total, 140 Capitol Police Officers were injured. In total, 640 people have been charged. The three states with the most significant participants were Florida, Pennsylvania, and Texas, but protesters came from nearly every state.
Prosecutor Jason McCullough argued for a lengthy sentences for Jan. 6 leaders because these defendants “pushed us to the edge of a constitutional crisis.” He said:
“When a parent considers whether they can take a child to a polling place and they think twice about that, when a couple decides if they should attend an inauguration and they think twice about that—that’s what [the Proud Boys ] aimed to do—they aimed to intimidate and terrify elected officials, law enforcement, and the rest of the country that they didn’t agree with, and make them heel to their point of view.”
Every right comes with a responsibility. The Freedom of Speech is one of the first 10 Amendments added to the Constitution in 1791 after ratification by three-fourths of the 13 original States. We are free to speak against the government and even tell lies, but when those lies stir the public to commit violence or take illegal action, our speech is no longer protected or legal. To insure the right to Free Speech is guaranteed, Americans must work to rebuild trust, and understanding of democracy, to restore unity—the strength of our nation.