Congressional Record, Senate, February 12, 2021 — Impeachment Trial of Donald J. Trump
Summary
The opening of the Congressional Record, Volume 167, No. 27, for Friday, February 12, 2021, with the Senate proceedings under the heading Trial of Donald J. Trump, President of the United States. The Senate meets at 12 noon, the Chaplain, Dr. Barry C. Black, offers a prayer, and the Sergeant at Arms makes the proclamation for the trial of the Article of Impeachment exhibited by the House of Representatives against Donald John Trump, former President of the United States. Mr. Schumer says the Senate plans short breaks approximately every 2 hours and a longer dinner break around 5 p.m. The President pro tempore states that under S. Res. 47 counsel for the former President has 16 hours to make the presentation of the case, and Mr. van der Veen begins with the argument that the Article of Impeachment is an unjust and unconstitutional act of political vengeance.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, Senate, February 12, 2021 — Impeachment Trial of Donald J. Trump.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-02-12-crec-2021-02-12-pt1-pgs667-3-004e6816c2/
, SHA-256 a04124556d6c7bec94366c346f8769871654d74c48f5b6534bed160c6bdab840.Full text
Congressional Record
E PL
UR M
IB NU
U U
S
117 th CONGRESS, FIRST SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 167 WASHINGTON, FRIDAY, FEBRUARY 12, 2021 No. 27
House of Representatives
The House was not in session today. Its next meeting will be held on Monday, February 15, 2021, at 9:30 a.m.
Senate
FRIDAY, FEBRUARY 12, 2021
The Senate met at 12 noon and was If there is no objection, the Journal come together around shared prior-
called to order by the President pro of proceedings of the trial are approved ities.
tempore (Mr. LEAHY). to date. Like every other politically moti-
f I would ask the Sergeant at Arms to vated witch hunt the left has engaged
make the proclamation. in over the past 4 years, this impeach-
TRIAL OF DONALD J. TRUMP, The Acting Sergeant at Arms, Jen- ment is completely divorced from the
PRESIDENT OF THE UNITED nifer A. Hemingway, made the procla- facts, the evidence, and the interests of
STATES mation as follows: the American people. The Senate
The PRESIDENT pro tempore. The Hear ye! Hear ye! All persons are com- should promptly and decisively vote to
Senate will convene as a Court of Im- manded to keep silence, on pain of imprison- reject it.
peachment. ment, while the Senate of the United States No thinking person could seriously
is sitting for the trial of the Article of Im- believe that the President’s January 6
PRAYER peachment exhibited by the House of Rep- speech on the Ellipse was in any way
The Chaplain, Dr. Barry C. Black, of- resentatives against Donald John Trump, an incitement to violence or insurrec-
former President of the United States.
fered the following prayer: tion. The suggestion is patently absurd
RECOGNITION OF THE MAJORITY LEADER
Let us pray. on its face. Nothing in the text could
Mighty God, unsurpassed in both The PRESIDENT pro tempore. The ever be construed as encouraging,
power and understanding, we worship Democratic leader is recognized. condoning, or enticing unlawful activ-
You. Lord, when there is nowhere else ORDER OF BUSINESS ity of any kind.
to turn, we lift our eyes to You. Mr. SCHUMER. Mr. President, for Far from promoting ‘‘insurrection’’
As, again, this Senate Chamber be- the information of all Senators, we will against the United States, the Presi-
comes a court and our Senators become plan to take short breaks approxi- dent’s remarks explicitly encouraged
jurors, guide these lawmakers with mately every 2 hours and a longer din- those in attendance to exercise their
Your wisdom, mercy, and grace. Lord, ner break around 5 p.m. rights ‘‘peacefully and patriotically.’’
infuse them with a spirit of non- The PRESIDENT pro tempore. Pur- Peaceful and patriotic protest is the
partisan patriotism. Unite them in suant to the provisions of S. Res. 47, very antithesis of a violent assault on
their efforts to do what is best for the counsel for the former President the Nation’s Capitol.
America. As they depend on Your prov- has 16 hours to make the presentation The House Impeachment Article
idence and power, may they make of their case, and the Senate will hear slanderously alleges that the President
choices that will be for Your greater the counsel now. intended for the crowd at the Ellipse to
glory. We recognize Mr. van der Veen to ‘‘interfere with the Joint Session’s sol-
We pray in Your sovereign Name. begin the presentation of the case for emn constitutional duty to certify the
Amen. the former President. results of the 2020 Presidential elec-
PLEDGE OF ALLEGIANCE Go ahead. tion.’’ This is manifestly disproven by
The President pro tempore led the COUNSELS’ PRESENTATION the plain text of the remarks.
Pledge of Allegiance, as follows: Mr. Counsel VAN DER VEEN. Good The President devoted nearly his en-
I pledge allegiance to the Flag of the afternoon, Senators, Mr. President. tire speech to an extended discussion of
United States of America, and to the Repub- The Article of Impeachment now be- how legislators should vote on the
lic for which it stands, one nation under God, fore the Senate is an unjust and bla- question at hand. Instead of expressing
indivisible, with liberty and justice for all. tantly unconstitutional act of political a desire that the joint session be pre-
THE JOURNAL vengeance. This appalling abuse of the vented from conducting its business,
The PRESIDENT pro tempore. Sen- Constitution only further divides our the entire premise of his remarks was
ators, will you please be seated. Nation when we should be trying to that the democratic process would and
dlhill on DSK120RN23PROD with SENATE
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S667
.
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A12FE6.000 S12FEPT1
S668 CONGRESSIONAL RECORD — SENATE February 12, 2021
should play out according to the letter There is no debate. President TRUMP. We will never defund
of the law, including both the Constitu- There is no debate. our police. Together, we will ensure that
tion and the Electoral Count Act. Ms. JACKSON LEE. Sixteen voting—— America is a nation of law and order.
Vice President BIDEN. There is no debate. Vice President BIDEN. If we were in high
In the conclusion of his remarks, he
Ms. JACKSON LEE. And the mass—— school, I’d take him behind the gym and beat
then laid out a series of legislative Vice President BIDEN. Please come to the hell out of him.
steps that should be taken to improve order. Mr. TESTER. But I think you need to go
democratic accountability going for- Ms. JACKSON LEE. There is the—— back and punch him in the face.
ward, such as passing universal voter Vice President BIDEN. The objection can- Mr. BOOKER. I feel like punching him.
ID legislation, banning ballot har- not be received. President TRUMP. We just want law and
vesting, requiring proof of citizenship Ms. JACKSON LEE. What the Russian—— order. Everybody wants that.
to vote, and turning out strong in the Vice President BIDEN. Section 18, title 20 Mr. SCHUMER. I want to tell you,
of the United States Code prohibits debate in Gorsuch; I want to tell you, Kavanaugh: You
next primaries. Not only President— the joint session. have released the whirlwind, and you will
these are not the words of someone in- Ms. WATERS. I do not wish to debate. I pay the price.
citing a violent insurrection. wish to ask, Is there one United States Sen- President TRUMP. We want law and order.
Not only President Trump’s speech ator who will join me in this letter of objec- We have to have law and order.
on January 6 but, indeed, his entire tion? Mr. CUOMO. Show me where it says that
challenge to the election results was Vice President BIDEN. There is no debate. protests are supposed to be polite and peace-
squarely focused on how the proper There is no debate. ful.
civic process could address any con- Ms. WATERS. Just one. President TRUMP. We believe in safe
Vice President BIDEN. The gentlewoman streets, secure communities, and we believe
cerns through the established legal and will suspend. in law and order.
constitutional system. The President
brought his case before State and Fed- Mr. Counsel VAN DER VEEN. In 2000, Tragically, as we know now, the Jan-
eral courts, the U.S. Supreme Court, the dispute over the outcome was uary—on January 6, a small group, who
the State legislatures, the electoral taken all the way to the Supreme came to engage in violent and men-
college, and, ultimately, the U.S. Con- Court, which ultimately rendered a de- acing behavior, hijacked the event for
gress. cision. their own purposes. According to pub-
In the past, numerous other can- To litigate questions of an election licly available reporting, it is apparent
didates for President have used many integrity within this system is not in- that extremists of various different
of the same processes to pursue their citement to insurrection. It is the stripes and political persuasions
own election challenges. As recently as democratic system working as the preplanned and premeditated an attack
2016, the Clinton campaign brought Founders and lawmakers have de- on the Capitol. One of the first people
multiple postelection court cases, de- signed. To claim that the President, in arrested was a leader of antifa. Sadly,
manded recounts, and ridiculously de- any way, wished, desired, or encour- he was also among the first to be re-
clared the election stolen by Russia. aged lawless or violent behavior is a leased.
Many Democrats even attempted to preposterous and monstrous lie. From the beginning, the President
persuade the electoral college dele- In fact, the first two messages the has been clear: The criminals who infil-
gates to overturn the 2016 results. President sent via Twitter, once the in- trated the Capitol must be punished to
House Manager RASKIN objected to the cursion of the Capitol began, were: the fullest extent of the law. They
certification of President Trump’s vic- Stay peaceful and no violence because we should be imprisoned for as long as the
tory 4 years ago, along with many of are the party of law and order. law allows.
his colleagues. The gathering on January 6 was sup- The fact that the attacks were appar-
You will remember, it was Joe Biden posed to be a peaceful event. Make no ently premeditated, as alleged by the
who had to gavel him down. mistake about that. And the over- House managers, demonstrates the lu-
(Text of Video presentation.) whelming majority of those in attend- dicrousness of the incitement allega-
Mr. RASKIN. I have an objection because ance remained peaceful. tion against the President.
10 of the 29 electoral votes cast by Florida As everyone knows, the President You can’t incite what was already
were cast by electors not lawfully certified. had spoken at hundreds of large rallies going to happen.
Ms. JACKSON LEE. I object to the votes across the country over the past 5 Law enforcement officers at the
from the State of Wisconsin, which would scene conducted themselves heroically
not—should not—be legally certified.
years. There had never been any mob-
Vice President BIDEN. There is no de- like or riotous behaviors, and, in fact, and courageously, and our country
bate— a significant portion of each event was owes them an eternal debt. But there
Ms. TLAIB. Mr. President, I object to the devoted to celebrating the rule of law, must be a discussion of the decision by
certificate from the State of Georgia on the protecting our Constitution, and hon- political leadership regarding force
grounds that the electoral vote was not—— oring the men and women of law en- posture and security in advance of the
Vice President BIDEN. There is no debate. event.
forcement.
There is no debate. As many will recall, last summer the
Mr. GRIJALVA. I object to the certifi- Contrast the President’s repeated
cation from the State of North Carolina. combinations of violence with the rhet- White House was faced with violent ri-
Ms. JACKSON LEE. I object to the 15 votes oric from his opponents. oters night after night. They repeat-
from the State of North Carolina. (Text of Video presentation.) edly attacked Secret Service officers
Mr. MCGOVERN. I object to the certificate President TRUMP. I am your President of and at one point pierced a security
from the State of Alabama. The electors law and order and an ally of all peaceful pro- wall, culminating in the clearing of La-
were not lawfully certified. testers. fayette Square.
Vice President BIDEN. Is it signed by a Vice President BIDEN. The vast majority
Senator?
Since that time, there has been a sus-
of the protests have been peaceful. tained negative narrative in the media
Mr. RASKIN. Not as of yet, Mr. President.
President TRUMP. Republicans stand for regarding the necessity of those secu-
Vice President BIDEN. In that case, the
law and order, and we stand for justice.
objection cannot be entertained. rity measures on that night, even
Ms. PELOSI. I just don’t even know why
The objection cannot be entertained. though they certainly prevented many
Debate is not in order. there aren’t uprisings all over the country.
Maybe there will be. calamities from occurring.
Ms. LEE of California. Even with the——
Vice President BIDEN. There is no debate President TRUMP. My administration will In the wake of the Capitol attack, it
in order. always stand against violence, mayhem, and must be investigated whether the prop-
Ms. LEE of California. Even with the—— disorder. er force posture was not initiated due
Mr. BIDEN. There is no debate. Ms. PRESSLEY. There needs to be unrest to the political pressure stemming
dlhill on DSK120RN23PROD with SENATE
Ms. LEE of California. 87 voting machines in the streets for as long as there is unrest in from the events at Lafayette Square.
are—— our lives.
Consider this: On January 5, the Mayor
Vice President BIDEN. There is no debate President TRUMP. I stand with the heroes
in order. Is it signed by a Senator? of law enforcement. of the District of Columbia explicitly
There is no debate. Ms. WATERS. And you push back on them, discouraged the National Guard and
There is no debate. There is no debate by and you tell them they are not welcome any- Federal authorities from doing more to
the joint session. more anywhere. protect the Capitol, saying:
VerDate Sep 11 2014 04:47 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.001 S12FEPT1
February 12, 2021 CONGRESSIONAL RECORD — SENATE S669
[T]he District of Columbia is not request- they’re not gonna stop after Election Day. interested to hear. I will return with
ing other federal law enforcement personnel [T]hey’re not going to let up—and they an analysis of why the First Amend-
and discourages any additional deployment should not. ment must be properly applied here,
. . . Such rhetoric continued even as hun- and then Mr. CASTOR will discuss the
This sham impeachment also poses a dreds of police officers across the Na- law as it applies to the speech of Janu-
serious threat to freedom of speech for tion were subjected to violent assaults ary 6. And then we will be pleased to
political leaders of both parties at at the hands of angry mobs. A man answer your questions.
every level of government. The Senate claiming to be inspired by the junior Thank you.
should be extremely careful about the Senator from Vermont came down here Mr. Counsel SCHOEN. Mr. President.
precedent this case will set. to Washington, DC, to watch a softball The PRESIDENT pro tempore. Mr.
Consider the language that the House game and kill as many Senators and Schoen.
Impeachment Article alleges to con- Congressmen as he could. It cannot be Mr. Counsel SCHOEN. Leaders, Sen-
stitute incitement: forgotten that President Trump did not ators, throughout the course of today,
If you don’t fight like hell, you’re not blame the junior Senator. my colleagues and I will explain in
going to have a country anymore. The senior Senator from Maine has some detail the simple fact that Presi-
This is ordinary political rhetoric had her house surrounded by angry dent Trump did not incite the horrific,
that is virtually indistinguishable from mobs of protesters. When that hap- terrible riots of January 6. We will
the language that has been used by pened, it unnerved her. One of the demonstrate that, to the contrary, the
people across the political spectrum for House managers—I forget which one— violence and the looting goes against
hundreds of years. Countless politi- tweeted ‘‘cry me a river.’’ the law-and-order message he conveyed
cians have spoken of fighting for our Under the standards of the House Im- to every citizen of the United States
principles. Joe Biden’s campaign slo- peachment Article, each of these indi- throughout his Presidency, including
gan was ‘‘Battle for the Soul’’ of Amer- viduals should be retroactively on January 6.
ica. censored, expelled, punished, or im- First, though, we would like to dis-
No human being seriously believes peached for inciting violence by their cuss the hatred, the vitriol, the polit-
that the use of such metaphorical ter- supporters. ical opportunism that has brought us
minology is incitement to political vio- Unlike the left, President Trump has here today. The hatred that the House
lence. While the President did not en- been entirely consistent in his opposi- managers and others on the left have
gage in any language of incitement, tion to mob violence. He opposes it in for President Trump has driven them
there are numerous officials in Wash- all forms, in all places, just as he has to skip the basic elements of due proc-
ington who have indeed used pro- been consistent that the National ess and fairness and to rush an im-
foundly reckless, dangerous, and in- peachment through the House, claim-
Guard should be deployed to protect
flammatory rhetoric in recent years. ing ‘‘urgency.’’
American communities wherever pro-
The entire Democratic Party and na- But the House waited to deliver the
tection is needed. Article to the Senate for almost 2
tional news media spent the last 4 For Democrats, they have clearly
years repeating, without any evidence, weeks, only after Democrats had se-
demonstrated that their opposition to
that the 2016 election had been hacked cured control over the Senate. In fact,
mobs and their view of using the Na- contrary to their claim that the only
and falsely and absurdly claimed the tional Guard depends upon the mob’s reason they held it was because Sen-
President of the United States was a political views. Not only is this im- ator MCCONNELL wouldn’t accept the
Russian spy. Speaker PELOSI herself peachment case preposterously wrong Article, Representative CLYBURN made
said that the 2016 election was hijacked on the facts, no matter how much heat clear that they had considered holding
and that Congress has a duty to protect and emotion is injected by the political the Article for over 100 days to provide
our democracy. She also called the opposition, but it is also plainly uncon- President Biden with a clear pathway
President an imposter and a traitor stitutional. to implement his agenda.
and recently referred to her colleagues In effect, Congress would be claiming Our Constitution and any basic sense
in the House as ‘‘the enemy within.’’ the right to disqualify a private cit- of fairness require that every legal
Moreover, many Democrat politi- izen, no longer a government official, process with significant consequences
cians endorsed and encouraged the from running for public office. This for a person’s life, including impeach-
riots that destroyed vast swaths of would transform the solemn impeach- ment, requires due process under the
American cities last summer. When ment process into a mechanism for as- law, which includes factfinding and the
violent, leftwing anarchists conducted serting congressional control over establishment of a legitimate evi-
a sustained assault on a Federal court- which private citizens are and are not dentiary record with an appropriate
house in Portland, OR, Speaker PELOSI allowed to run for President. In short, foundation.
did not call it insurrection; instead, this unprecedented effort is not about Even last year’s impeachment fol-
she called the Federal law enforcement Democrats opposing political violence; lowed committee hearings and months
officers protecting the building ‘‘storm it is about Democrats trying to dis- of examination and investigation by
troopers.’’ qualify their political opposition. It is the House. Here, President Trump and
When violent mobs destroyed public constitutional cancel culture. his counsel were given no opportunity
property, she said: ‘‘People will do History will record this shameful ef- to review evidence or question its pro-
what they do.’’ The attorney general of fort as a deliberate attempt by the priety. The rush to judgment for a snap
the State of Massachusetts stated: Democratic Party to smear, censor, impeachment in this case was just one
Yes, America is burning, but that’s how and cancel not just President Trump example of the denial of due process.
forests grow. but the 75 million Americans who Another, perhaps even more vitally sig-
Representative AYANNA PRESSLEY de- voted for him. Now is not the time for nificant, example was the denial of any
clared: such a campaign of retribution; it is opportunity ever to test the integrity
There needs to be unrest in the streets for the time for unity and healing and fo- of the evidence offered against Donald
as long as there’s unrest in our lives. cusing on the interests of the Nation as J. Trump in a proceeding seeking to
The current Vice President of the a whole. bar him from ever holding public office
United States, KAMALA HARRIS, urged We should all be seeking to cool tem- again and that seeks to disenfranchise
supporters to donate to a fund that peratures, calm passions, rise above some 75 million voters—American vot-
bailed violent rioters and arsonists out partisan lines. The Senate should re- ers.
of jail. One of those was released and ject this divisive and unconstitutional On Wednesday of this week, countless
dlhill on DSK120RN23PROD with SENATE
went out and committed another effort and allow the Nation to move news outlets repeated the Democrat
crime, assault. He beat the bejesus out forward. talking point about the power of never-
of somebody. She said, of the violent Over the course of the next 3 hours or before-seen footage. Let me ask you
demonstrations: so, you will hear next from Mr. Schoen, this: Why was this footage never seen
Everyone beware . . . they’re not gonna who is going to talk about due process before? Shouldn’t the subject of an im-
stop before Election Day in November, and and a couple of other points you will be peachment trial—this impeachment
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.003 S12FEPT1
S670 CONGRESSIONAL RECORD — SENATE February 12, 2021
trial—President Trump, have the right Mr. Manager CICILLINE. According to re- image on the Senate floor. So you
to see the so-called new evidence ports. never saw it when it was presented to
Mr. Manager NEGUSE. Reported.
against him? Mr. Manager LIEU. Reportedly. you.
More importantly, the riot and the But that is not all. They didn’t fix
As any trial lawyer will tell you, ‘‘re- this one. Look at the blue checkmark
attack on this very building was a
portedly’’ is a euphemism for ‘‘I have next to the Twitter username of the ac-
major event that shocked and impacted
no real evidence.’’ ‘‘Reportedly’’ is not count retweeted by the President. It
all Americans. Shouldn’t the American
the standard in any American setting
people have seen this footage as soon indicates that this is a verified ac-
in which any semblance of due process
as it was available? For what possible count, given the blue check by Twitter
is afforded an accused. ‘‘Reportedly’’
reason did the House managers with- to indicate it is run by a public figure.
isn’t even ‘‘here is some circumstantial
hold it from the American people and The problem? The user’s real account
evidence.’’ It is exactly as reliable as ‘‘I
President Trump’s lawyers? For polit- is not verified and has no blue check-
googled this for you.’’
ical gain? And if you are worried you might mark, as you can see. Were you trying
How did they get it? How are they ever be tried based on this type of evi- to make her account seem more sig-
the ones releasing it? It is evidence in dence, don’t be. You get more due proc- nificant or were you just sloppy?
hundreds of pending criminal cases If we had due process of law in this
ess than this when you fight a parking
against the rioters. Why was it not re- case, we would know the truth. But
ticket.
leased through law enforcement or the One reason due process is so impor- that is not all that is wrong with this
Department of Justice? Is it the result tant with respect to evidence offered one tweet. House Manager Swalwell
of a rushed, snap impeachment for po- against an accused is that it requires showed you this tweet this week, and
litical gain without due process? an opportunity to test the integrity, he emphasized that this tweet reflected
House Manager RASKIN told us all the credibility, the reliability of the a call to arms. He told you repeatedly
yesterday that your job as jurors in evidence. Here, of course, former Presi- that this was a promise to call in the
this case is a fact-intensive job, but, of dent Trump was completely denied any cavalry for January 6. He expressly led
course, as several of the House man- such opportunity. And it turns out you to believe that President Trump’s
agers have told you, we still don’t have there is significant reason to doubt the supporter believed that the President
the facts. evidence the House managers have put wanted armed supporters at the Janu-
Speaker PELOSI herself, on February before us. ary 6 speech—paramilitary groups, the
2, called for a 9/11-style Commission to Let me say this clearly. We have rea- cavalry—ready for physical combat.
investigate the events of January 6. son to believe the House managers ma- The problem is, the actual text is ex-
Speaker PELOSI says that the Commis- nipulated evidence and selectively edit- actly the opposite. The tweeter prom-
sion is needed to determine the causes ed footage. If they did and this were a ised to bring the calvary—a public dis-
of the events. She says it herself. If an court of law, they would face sanctions play of Christ’s crucifixion, a central
inquiry of that magnitude is needed to from the judge. symbol of her Christian faith with her
determine the causes of the riot—and I don’t raise this issue lightly. Rath- to the President’s speech—a symbol of
it may very well be—then how can er, it is a product of what we have faith, love, and peace.
these same Democrats have the cer- found in just the limited time we have They just never want to seem to read
tainty needed to bring Articles of Im- had since we first saw the evidence the text and believe what the text
peachment and blame the riots on here with you this week. means. You will see this was reported
President Trump? They don’t. We have reason to believe that the in the media last evening also.
The House managers, facing a signifi- House managers created false represen- Words matter, they told you. But
cant lack of evidence, turned often to tations of tweets, and the lack of due they selectively edited the President’s
press reports and rumors during these process means there was no oppor- words over and over again. They ma-
proceedings, claims that would never tunity to review or verify the accu- nipulated video, time-shifting clips,
meet the evidentiary standards of any racy. and made it appear the President’s
court. In fact, they even relied on the Consider these facts. The House man- words were playing to a crowd when
words of Andrew Feinberg, a reporter agers, proud of their work on this snap they weren’t. Let’s take a look.
impeachment, staged numerous photo (Text of video presentations.)
who recently worked for Sputnik, the
shoots of their preparations. In one of President TRUMP. After this, we’re going
Russian propaganda outlet. You saw it
to walk down—and I will be there with you—
posted. By the way, the report they those, Manager RASKIN is seen here at
we’re going to walk down. We are going to
cited was completely refuted. his desk, reviewing two tweets side by walk down to the Capitol.
The frequency with which House side. The image on his screen claims to And we’re going to walk down to the Cap-
managers relied on unproven media re- show that President Trump had itol, and we’re going cheer on our brave Sen-
ports shocked me as I sat in this Cham- retweeted one of those tweets. ators and Congress men and women, and
ber and listened to this. (Video presentation.) we’re probably not going to be cheering so
(Text of video presentations.) Now, Members of the Senate, let’s much for some of them because you will
look closely at the screen because, ob- never take back our country with weakness.
Mr. Manager CASTRO of Texas. And there You have to show strength, and you have to
is a lot that we don’t know yet about what viously, Manager RASKIN considered it
be strong. We have come to demand that
happened that day. important enough that he invited the
Congress do the right thing and only count
Mr. Manager RASKIN. According to those New York Times to watch him watch- the electors who have been lawfully slated—
around him at the time, reportedly re- ing it. lawfully slated.
sponded. What is wrong with this image? Ac- I know that everyone here will soon be
Unidentified Speaker. Trump reportedly. tually, there are three things very marching over to the Capitol Building to
Mr. Manager NEGUSE. Reports across all wrong with it. Look at the date on the peacefully and patriotically make your
major media outlets. voices heard.
very bottom of the screen on Manager
Unidentified Speaker. Major news net-
works, including FOX News reported. RASKIN’s computer screen when we ‘‘And we are going to walk down to
Mr. Manager NEGUSE. Reported. zoom into the picture. The date that the Capitol.’’ They showed you that
Mr. Manager LIEU. Reportedly summoned. appears is January 3, 2020, not 2021. part. Why are we walking to the Cap-
Ms. Manager PLASKETT. Reportedly. Why is that date wrong? Because this itol? Well, they cut that off: to ‘‘cheer
Mr. Manager CASTRO of Texas. Report- is not a real screenshot that he is on’’ some Members of Congress, and
edly not accidental. working with. This is a recreation of a not others, ‘‘peacefully and patrioti-
According to reports. tweet. And you got the date wrong cally.’’
dlhill on DSK120RN23PROD with SENATE
Unidentified Speaker. President Trump The Supreme Court ruled in Branden-
when you manufactured this graphic.
was reportedly.
You did not disclose that this is a man- burg that there is a very clear standard
Mr. Manager CASTRO of Texas. Who re-
portedly spoke to the guard. ufactured graphic and not a real for incitement—in short, to para-
Mr. Manager CICILLINE. It was widely re- screenshot of a tweet. phrase, whether the speech was in-
ported. To be fair, the House managers tended to provoke imminent lawless
Mr. Manager RASKIN. Media reports. caught this error before showing the action and was likely to do so.
VerDate Sep 11 2014 04:47 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.004 S12FEPT1
February 12, 2021 CONGRESSIONAL RECORD — SENATE S671
‘‘Go to the Capitol, and cheer on group there were some bad ones. The fol- Ms. WATERS. I continue to say: Impeach
some Members of Congress but not oth- lowing day, it looked like they had some him. Impeach 45.
ers’’—they know it doesn’t meet the rough, bad people—neo-Nazis, White nation- (People chanting: ‘‘Impeach 45.’’)
alists—whatever you want to call them. But Impeach 45.
standard for incitement, so they edited you had a lot of people in that group that Mr. COHEN. So we’re calling upon the
it down. were there to innocently protest and very le- House to begin impeachment hearings imme-
We heard a lot this week about ‘‘fight gally protest because, you know—I don’t diately.
like hell,’’ but they cut off the video know if you know, they had a permit. The Mr. JONES. On the impeachment of Don-
before they showed you the President’s other group didn’t have a permit. ald Trump, will you vote yes or no?
optimistic, patriotic words that fol- So I only tell you this: There are two sides Ms. OMAR. I would vote yes.
to a story. I thought what took place was a Ms. OCASIO-CORTEZ. I would vote—I
lowed immediately after. horrible moment for our country, a horrible would vote to impeach.
(Text of video presentations.) moment. But there are two sides to the Ms. TLAIB. Because we’re going to go in
President TRUMP. We fight like hell. And country. there and impeach the mother [bleep].
if you don’t fight like hell, you’re not going Does anybody have a final—does anybody Mr. SHERMAN. But the fact is, I intro-
to have a country anymore. have a—you have an infrastructure— duced Articles of Impeachment in July of
Our exciting adventures and boldest en- This might be, today, the first time 2017.
deavors have not yet begun. My fellow Amer- the news networks played those full re- Mr. GREEN of Texas. If we don’t impeach
icans, for our movement, for our children, this President, he will get reelected.
and for our beloved country—and I say this
marks in their context. And how many
times have you heard that President Mr. COHEN. My oath requires me to be for
despite all that has happened—the best is yet impeachment.
to come. Trump has never denounced White su- Have an impeachment hearing. He needs a
There is that famous quote, like one premacists? Now you and America scarlet ‘‘I’’ on his chest.
know the truth. Mr. BOOKER. The Representatives need to
of the House managers said: A lie will
Here is another example. One of the begin impeachment proceedings against this
travel halfway around the world before House managers made much of the President.
the truth has a chance to put its shoes President’s supposedly ominous words Ms. WARREN. It is time to bring impeach-
on. of ‘‘you have to get your people to ment charges against him.
Well, this lie traveled around the fight.’’ But you knew what the Presi- Bring impeachment charges.
world a few times and made its way dent really meant. He meant that the Mr. NADLER. My personal view is that he
into the Biden campaign talking points richly deserves impeachment.
crowd should demand action from Unidentified Speaker. I’m here at an im-
and ended up on the Senate floor: the Members of Congress and support pri-
Charlottesville lie, ‘‘very fine people on peachment rally, and we are ready to im-
mary challenges to those who don’t do peach the. . . .
both sides,’’ except that isn’t all he what he considered to be right. Support Ms. PELOSI. We can impeach him every
said. And they knew it then, and they primary challenges, not violent action. day of the week for anything he’s done.
know it now. I know what he meant because I Mr. Counsel SCHOEN. That same ha-
Watch this. watched the full video, and so did the tred and anger has led House managers
(Text of video presentations.) House managers. But they manipulated to ignore their own words and actions
President TRUMP. But you also had people his words. You will see where they
that were very fine people—on both sides.
and set a dangerous double standard.
stopped it and to give it a very dif- The House managers spoke about
You had people in that group—excuse me, ex-
cuse me. I saw the same pictures as you did. ferent meaning from the meaning it rhetoric, about a constant drumbeat of
You had people in that group that were there has in full context. Let’s watch. heated language. Well, as I am sure ev-
to protest the taking down of, to them, a (Text of video presentations.) eryone watching expected, we need to
very, very important statue and the renam- Mr. Manager NEGUSE. ‘‘You have to get show you some of their own words.
ing of a park from Robert E. Lee to another your people to fight.’’ He told them. (Text of video presentations.)
name. President TRUMP. You have to get your
people to fight. And if they don’t fight, we Ms. PELOSI. I just don’t even know why
Unidentified Speaker. George Washington
have to primary the hell out of the ones that there aren’t uprisings all over the country.
and Robert E. Lee are not the same.
don’t fight. You primary them. We are going Maybe there will be.
President TRUMP. George Washington was
to. We are going to let you know who they Ms. PRESSLEY. There needs to be unrest
a slave owner. Was George Washington a
are. I can already tell you, frankly. in streets for as long as there is unrest in our
slave owner? So will George Washington now
lives.
lose his status? Are we going to take down— The ‘‘people’’ who need to fight are Ms. PELOSI. You’ve got to be ready to
excuse me. Are we going to take down—are Members of Congress. Why do we have throw a punch.
we going to take down statues to George to skip the necessary due diligence and We have to be ready to throw a punch.
Washington? How about Thomas Jefferson? due process of law and any—that any Mr. TESTER. Donald Trump, I think you
What do you think of Thomas Jefferson? Do need to go back and punch him in the face.
you like him? Are we going to take down the
legal proceeding should have? It
couldn’t have been the urgency to get Ms. Wallace. I thought he should have
statue? Because he was a major slave owner. punched him in the face.
Now are we going to take down his statue? President Trump out of office. House
Mr. BOOKER. I feel like punching him.
So you know what? It is fine. You’re Democrats held the Articles until he Vice President BIDEN. I would like to take
changing history. You’re changing culture. was no longer President, mooting their him behind the gym if I were in high school.
And you had people—and I am not talking case. If I were in high school, I would take him
about the neo-Nazis and the White national- Hatred, animosity, division, political behind the gym and beat the hell out of him.
ists because they should be condemned to- gain—and let’s face it, for House Demo- You know, I wish we were in high school.
tally. But you had many people in that group crats, President Trump is the best I could take him behind the gym.
other than neo-Nazis and White nationalists, Ms. WATERS. I will go and take Trump
OK? And the press has treated them abso-
enemy to attack.
(Text of video presentations.) out tonight.
lutely unfairly. Ms. WARREN. Take him out now.
Now, in the other group also, you had some Mr. RASKIN. I want to say this for Donald Mr. Depp. When was the last time an actor
fine people, but you also had troublemakers, Trump, who I may very well be voting to im-
assassinated a President?
and you see them come with the black out- peach. Mr. Wilson. They are still going to have to
fits and with the helmets and with the base- Mr. ELLISON. Donald Trump has already
go out and put a bullet in Donald Trump.
ball bats. You got—you had a lot of bad—you done a number of things which legitimately
Mr. Cuomo. Show me where it says a pro-
had a lot of bad people in the other group raise the question of impeachment.
Ms. WATERS. I don’t respect this Presi- test is supposed to be polite and peaceful.
too. Ms. WATERS. You push back on them, and
dent, and I will fight every day until he is
Unidentified Speaker. Who was treated un- you tell them they’re not welcome anymore,
impeached.
fairly, sir? I’m sorry. I just couldn’t under- Mr. CASTRO of Texas. That is grounds to anywhere.
stand what you were saying. You were say- start impeachment proceedings. Madonna. I have thought an awful lot
ing the press treated White nationalists un- Those are grounds to start impeachment. about blowing up the White House.
dlhill on DSK120RN23PROD with SENATE
fairly? I want to understand what you’re say- Those are grounds to start impeachment Mr. BOOKER. Please get up in the face of
ing. proceedings. some Congresspeople.
President TRUMP. No. No, there were peo- Yes, I think that’s grounds to start im- Ms. PELOSI. People will do what they do.
ple in that rally—and I looked the night be- peachment proceedings. Mr. SCHUMER. I want to tell you,
fore. If you look, there were people pro- Mr. GREEN of Texas. I rise today, Mr. Gorsuch, I want to tell you Kavanaugh: You
testing, very quietly, the taking down of the Speaker, to call for the impeachment of the have released the whirlwind, and you will
statue of Robert E. Lee. I am sure in that President of the United States of America. pay the price.
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.006 S12FEPT1
S672 CONGRESSIONAL RECORD — SENATE February 12, 2021
Ms. TLAIB. We’re going to go in there and Ms. ROSEN. And I’ll have lots of fights Mr. BOOKER. Fighting and pushing around
we’re going to [bleep]. ahead of us, and I’m ready to stand up and the clock.
Ms. PRESSLEY. This is just a warning to keep fighting. Fighting and continue to be brave and
you Trumpers: Be careful. Walk lightly. And We’re going to fight. keep strong and keep fighting. We’re getting
for those of you who are soldiers, make them We’re going to fight. people engaged in the fight. We’re fighting.
pay. And we need to fight. We’ve got to keep fighting and keep focused.
Ms. DeGeneres. If you had to be stuck in an Fight. Ms. KLOBUCHAR. Fight. This is going to
elevator with either President Trump, Mike We need to fight. be a fight.
Pence, or Jeff Sessions, who would it be? We got a few more fights. I’m going to take Mr. CASTRO. We will fight him and chal-
Ms. HARRIS. Does one of us have to come the privilege of a few more fights. lenge him every way we can, in the Congress,
out alive? And we have the biggest fight of all. I will in the courts, and in the streets.
never stop fighting. I will fight like hell to Ms. HARRIS. To continue fighting, we
And there is more. fight back against anyone.
(Text of video presentations.) each have an important role to play in fight-
Mrs. SHAHEEN. We need to say loud and ing in this fight like so many before it. It
Mr. McDonough. I promise to fight every clear that we are ready to fight. has been a fight. The American people are
single day. Mr. DURBIN. It’s a bare knuckles fight. going to have to fight.
One, I’m a fighter and I’m relentless. Mr. WYDEN. Now they’re going to actually And about the importance of fighting. I
But I’m a fighter and I’m relentless. have to fight back against people. will always fight.
A fighter and I’m relentless. Mr. SCHATZ. The fight has to be con- Fighting.
I will fight like hell. ducted. But we always must fight.
Ms. WARREN. The way I see it now is that Ms. CANTWELL. It is so important that Joe Biden has a deep, deep seeded commit-
we pick ourselves up and we fight back; that we need to fight. ment to fight.
is what it is all about. We stand up and we Ms. MURRAY. Fight that fight. And to fight.
fight back. We do not back down, we do not Mr. KING. We have been fighting. And about the importance of fighting.
compromise, not today, not tomorrow, not Mr. COONS. I was fighting very hard. We always must fight.
ever. You can lie down, you can whimper, Mr. VAN HOLLEN. Time is of the essence
To fight.
you can pull up in a ball, you can decide to both in terms of the fight.
To fight.
move to Canada, or you can stand your Mr. BENNET. I think we should be fight-
And to fight.
ground and fight back, and that is what it is ing.
As our willingness to fight.
about. We do fight back, but we are going to Mr. MERKLEY. I really believe we need to
Continue the fight.
fight back. We are not turning this country fight.
As Joe Biden says, to fight.
over to what Donald Trump has sold. We are Mr. HEINRICH. We’re simply not going to
Fighting.
just not. Look, people are upset, and they’re take this lying down. We’re going to keep
What we are fighting for.
right to be upset. fighting.
We will tell them about what we did to
Now, we can whimper, we can whine, or we Mr. KAINE. So I’m telling all of my col-
fight.
can fight back. We’re up here to fight back. leagues, this is the fight of our life.
About a fight.
Me, I’m here to fight back. I’m here to fight Ms. BALDWIN. Whose side are you on?
Truly I do believe that we’re in a fight.
back because we will not forget. We do not Who are you fighting for?
I believe we’re in a fight.
want to forget. We will use that vision to Mr. HICKENLOOPER. They’re fighting or
I believe we’re in a fight.
make sure that we fight harder, we fight I’m fighting. We’re all fighting. We are both
I believe we’re in a fight.
tougher, and we fight more passionately fighting.
So there’s a fight in front of us. A fight for
more than ever. Ms. HIRONO. We will fight back. We’re not
all of these things. And so we’re prepared to
We still have a fight on our hands. Fight going to take this lying down.
Mr. MURPHY. I’m just going to keep the fight for that.
hard for the changes Americans are demand- We know how to fight.
ing. Get in the fight. fight up.
Ms. GILLIBRAND. What we have to do Our ongoing fight.
To winning the fight. A fight.
Fight. right now is fight as hard as we can.
Ms. STABENOW. We have to rise up and We know how to fight. We like a good
Fighting.
fight back. fight. We were born out of a fight. This is
Fighting.
Mr. BLUMENTHAL. I am going to be fight- what is our fight right now.
We’ll use every tool possible to fight for
ing—fight like hell. Mr. RASKIN. There’s the fight.
this change. We’ll fight. We’ll fight.
Mr. SCHUMER. Keep fighting, fighting, There’re the fight.
Fight.
Fighting hard. fighting. There’s the fight.
Serious about fighting. And we kept fighting and we did, so we’re And then there’s the fight to defend.
And fight. going to keep fighting. Back in the fight.
We’ve got to (inaudible) and fight back. Mr. PETERS. We have to be fighting every Ms. PELOSI. Our mission is to fight. That
Problems—we call them out and we fight single day. is the guiding purpose of House Democrats.
back. Mr. WHITEHOUSE. We have to fight back, Fighting.
I’m in this fight. and we have no choice but to do that. I think He has never forgotten who he is fighting
I am fighting. we’re doing the right thing to do that. for.
I am fighting. Mr. LUJÁN. Fighting. March and fought.
Get in this fight. Get in this fight. Get in Mr. MANCHIN. And I’m fighting. And we just have to fight.
this fight. Mr. SANDERS. Our job right now is to But this is a fight for our country.
And fighting. fight. Mr. SCHUMER. Fighting the health crisis
We all need to be in the fight. We all need Ms. HASSAN. It is really important, I’m of COVID.
to stay in the fight. We stay in this fight. going to keep fighting. Vice President BIDEN. I led the fight.
We fought back. We fought back. I am not Mr. OSSOFF. I’m asking for the support of And continue to fight.
afraid of a fight. I am in this fight all the the people across the country to fight back. Never, never, give up this fight. I am a cit-
way. You don’t get what you don’t fight for. Mr. PADILLA. And you’ve got to be fierce izen fighting for it.
Our fight. in fighting. It means not only fighting.
Our fight. Mr. WARNOCK. Fighting. A leader who fought for progressive
We are in this fight for our lives. This is Ms. SMITH. Proud to have been fighting. change.
the fight of our lives. Mr. LEAHY. I told President Biden I will As a lawyer who fought for people his
Mr. WARNER. But we are going to make fight like mad. whole life.
sure this fight doesn’t end tonight. Ms. CORTEZ MASTO. I will tell you what. As well as other fights he’s in. I’m proud to
Mr. MENENDEZ. This is a fight for our Now more than ever, we have to fight like have Tim in this fight with me.
lives, the lives of our friends and family hell. And above all, it is time for America to get
members and neighbors. It is a fight. Mr. MARKEY. We have these battles on back up and once again fight.
Fight. the floor of the Senate. I’m going to go down Mr. Buttigieg. We will fight when we must
And it is a fight that we’re going to work and battle. I’m going to be down there on the fight.
to make sure continues. floor fighting. Mr. CASTRO of Texas. What kind of Amer-
It is a fight. Mr. SCHUMER. We Democrats are fighting ica are we fighting for?
dlhill on DSK120RN23PROD with SENATE
It is a fight. as hard as we can. We’ve been fighting.
It is a fight. Democrats are fighting as hard as we can. We need to fight.
And that is what this fight is for. Credit it any way, but we’re fighting back. But we also need to fight.
Mr. TESTER. Well, I’m wired to fight any- Mr. KAINE. And what we’ve got to do is Fight for America.
one who isn’t doing their job for us. I’m JON fight in Congress, fight in the courts, fight in Mrs. CLINTON. I am going to wake up
TESTER, and you’re damn right I approve the streets, fight online, fight at the ballot every day and fight hard.
this message. box. I have been fighting
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.008 S12FEPT1
February 12, 2021 CONGRESSIONAL RECORD — SENATE S673
We’re going to fight. (Text of video presentations.) Vice President BIDEN. There is no debate.
We’re going to fight. Ms. HARRIS. This is a movement. I’m tell- There is no debate.
We’re going to fight. ing you, they’re not going to stop. And ev- Mr. GRIJALVA. I object to the certificate
We’re going to fight. eryone beware because they’re not going to from the State of North Carolina based on
And I will fight. stop. They’re not going to stop before elec- violation of the——
Mr. BUTTIGIEG. We’re in the fight of our tion day in November, and they’re not going Vice President BIDEN. There is no debate.
lives right now. to stop after. There is no debate in the joint session.
Mr. O’ROURKE. We fight like hell. Mr. Cuomo. Please, show me where it says Ms. LEE. I object because people are horri-
Mr. WYDEN. To fight. fied by the overwhelming evidence——
a protest is supposed to be polite and peace-
Ms. ROSEN. To fight. Vice President BIDEN. Section 18, title 3 of
ful.
Mr. CICILLINE. Fight against the Trump the United States Code prohibits debate.
Ms. PELOSI. I just don’t even know why
administration. Ms. JACKSON LEE. I object.
there aren’t uprisings all over the country.
Democrats are standing up to fight. (Text of video presentation of 1–6–
Maybe there will be.
We’re in this fight in a serious way.
Unidentified Speaker. It was a violent 2005.)
Mr. LIEU. To fight.
night in St. Louis. They shot and killed Ms. TUBBS JONES. I object to the count-
Ms. DEGETTE. We’re eager to take on this
David in cold blood. ing of the electoral votes of the State of
fight.
Ms. Hannah-Jones. Destroying property, Ohio.
Get in this fight.
which can be replaced, is not violence.
Mrs. GILLIBRAND. I have taken on the (Text of video presentations of 1–6–
Unidentified Speaker. This is an apartment
fights. 2017.)
complex on fire. It just collapsed.
Mr. NEGUSE. As representatives for the
Unidentified Speaker. The building just Mr. MCGOVERN. I object to the certificate
people and legislators here in the Halls of
collapsed. from the State of Alabama. The electors
Congress, our job is to fight.
Unidentified Speaker. I don’t know where were not lawfully certified.
Ms. PLASKETT. Who has led us in this
to go now. These people did this for no rea- Ms. JACKSON LEE. I object to the 15 votes
fight.
son. from the State of North Carolina because of
Mr. SWALWELL. To fight for this.
Unidentified Speaker. This is just a snap- the massive voter suppression and the clos-
This fight.
shot of some of the damage people will be ing of voting booths in early voting——
Mr. WARNOCK. Every day I am in the
waking up to. Vice President BIDEN. There is no debate.
United States Senate, I will fight.
Mr. SCHUMER. I am proud of New York, There is no debate.
Mr. BROWN. One of the things we do is
and I am proud of the protests. Ms. JACKSON LEE. 16 to 1——
fight—should fight. Vice President BIDEN. There is no debate.
Unidentified Speaker. There is damage ev-
Ms. OCASIO-CORTEZ. Because my con- Ms. JACKSON LEE. And the massive vot-
erywhere you look. Honestly, it looks like a
stituents send me here each and every day to ing suppression that occurred——
war zone.
fight. Vice President BIDEN. The gentlewoman
Ms. PELOSI. Heartwarming to see so many
Ms. Abrams. We have been fighting this will suspend.
people turn out peacefully.
fight.
Mr. SCHUMER. They keep doing it day (Text of video presentations of 1–5–
And we need to be side by side to succeed.
after day after day. 2001.)
So I hope that you will all join us in our
In fact, our country is a nation of protests.
fight. Mr. FILNER. I have an objection to the
The patriots were protesters.
And if we fight. electoral votes.
Unidentified Speaker. St. John’s Church is
And as the next Governor of Georgia, I will Ms. WATERS. The objection is in writing,
on fire.
never stop fighting. We can show the old Unidentified Speaker. Can you disavow and I don’t care that it is not signed by a
guard something new, and we can fight. that was antifa? Member of the Senate.
Ms. DEAN. My fight. Mr. NADLER. That is a myth. (Text of video presentations of 1–6–
Those fights. Unidentified Speaker. I hope someone
And to fight.
2017.)
burns down your whole precinct with all Ms. WATERS. I do not wish to debate. I
To fight an administration. y’all inside.
Ms. HARRIS. Requiring us to fight and wish to ask: Is there one United States Sen-
Mr. Velshi. It is not, generally speaking, ator who will join me in this letter of objec-
fight we will. unruly.
Their fight. tion?
Ms. WATERS. You push back on them, and Vice President BIDEN. There is no debate.
In their fight. you tell them they’re not welcome anymore,
In their fight. Ms. JAYAPAL. The objection is signed by
anywhere. a Member of the House but not yet by a
The fight is a fight. And so when we fight Ms. HARRIS. They are not going to let up,
the fight that we are in. Member of the Senate.
and they should not. Vice President BIDEN. Well, it is over.
When we are fighting this fight.
We fight this fight. Mr. Counsel SCHOEN. You claim (Laughter.)
The strength of who we are is we will fight. that it is wrong to object to the certifi- Mr. Counsel SCHOEN. And when the
And we will fight. cation of election results. You, along House managers realized that the
We will fight the fight. with your allies in the media, at- President’s actual words could not
We are in a fight. tempted to cancel and censor Members
The fight.
have incited the riot, as you alleged in
of this Chamber who voiced concerns your Article of Impeachment, you at-
Fight.
and objected to certification. tempted to pivot. You said that raising
Fight.
It is a fight. Manager RASKIN, you had been in the issue of election security and cast-
It is a fight. Congress only 3 days when you ob- ing doubt on the propriety of our elec-
And it is a fight born out of patriotism. jected in 2017. It is one of the first tions was dangerous.
This is a fight. things you did when you got here. One of the House managers, Mr.
Fighting. (Text of video presentations of 1–6– CICILLINE, told you that this is not
I say fight on. 2017.)
Fight on.
about the words Mr. Trump used in iso-
Mr. RASKIN. I have an objection because lation. Rather, it is about the big lie,
Fight on.
10 of the 29 electoral votes cast by Florida the claim that the election was stolen.
Fight on.
were cast by electors not lawfully certified. The House managers told you that it is
Ms. WARREN. I am here to say one more
Vice President BIDEN. Is the objection in
time in public, this is not a fight I wanted to
writing and signed not only by a Member of
the big lie that incited the riot and
take on, but this is the fight in front of us that the big lie was President Trump’s
the House of Representatives but also by a
now. claim that the election was not a fair
Senator?
Every single one of you and every Mr. RASKIN. It is in writing, Mr. Presi- election or that the election was sto-
one of you—that is OK. You didn’t do dent. len.
anything wrong. It is a word people Vice President BIDEN. Is it signed by a Claiming an election was stolen, you
use. But please stop the hypocrisy. Senator? were told, are words that are inciteful
dlhill on DSK120RN23PROD with SENATE
Did you tone down the rhetoric last Mr. RASKIN. Not as of yet, Mr. President. to a candidate’s followers and cause
Vice President BIDEN. In that case, an ob-
summer when all of this was hap- people to respond violently. Claiming
jection cannot be entertained.
pening? Did you condemn the rioters, Ms. JAYAPAL. Mr. President, I object to an election was stolen or not legiti-
or did you stand with NANCY PELOSI, the certificate from the State of Georgia on mate is something that a candidate
who said: People are going to do what the grounds that the electoral vote does should never do because he or she
they are going to do. not—— knows or should know that such a
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.010 S12FEPT1
S674 CONGRESSIONAL RECORD — SENATE February 12, 2021
claim and such words can actually in- Mr. SANDERS. I agree with tens of mil- the answers to both of these questions
cite violent insurrection, you were lions of Americans who are very worried that must be a resounding yes.
told. when they cast a ballot on an electronic vot- The Constitution and the First
Well, it seems that the House man- ing machine that there is no paper trail to Amendment must certainly apply to
record that vote.
agers’ position must actually be a bit Ms. PELOSI. But constantly shifting vote these impeachment proceedings, and
narrower than that. The House man- tallies in Ohio and malfunctioning electronic Mr. Trump’s speech deserves full pro-
agers’ position really is that, when Re- machines which may not have paper receipts tection under the First Amendment,
publican candidates for office claim an have led to an additional loss of confidence but before getting into the legal anal-
election is stolen or that the winner is by the public. This is their only opportunity ysis, some preliminary observations
illegitimate, it constitutes inciting an to have this debate while the country is lis- about the House managers’ case should
insurrection and the candidate should tening, and it is appropriate to do so. be made.
know it, but Democratic Party can- Mr. Counsel SCHOEN. House Man- First, this case, unfortunately, is
didates for public elective office are ager CASTRO no longer has to try to about political hatred. It has become
perfectly entitled to claim the election imagine it thanks to the distinguished very clear that the House Democrats
was stolen or that the winner is illegit- Senator and others. It didn’t have to be hate Donald Trump. This type of polit-
imate or to make any other outrageous this way. The Democrats promised ical hatred has no place in our political
claim they can. unity. They promised to deliver the institutions and certainly no place in
It is their absolute right to do so, and very COVID relief, in the form of $2,000 the law. This hatred has led the House
it is their absolute right to do so irre- stimulus checks, that President Trump managers to manipulate and selec-
spective of whether there is any evi- called for. They should have listened to tively edit Mr. Trump’s speech to make
dence to support the claim. Democratic their own words of the past. I leave you it falsely appear that he sought to in-
candidates can claim that an election with the wise words of Congressman cite the crowd to violently attack the
was stolen because of Russian collusion JERRY NADLER. Capitol. He didn’t, and we will show
or without any explanation at all, and (Text of video presentation of 12–11– you why.
that is perfectly OK and is in no way 1998.) The hatred has also led the House
incitement to an insurrection, and Mr. NADLER. The effect of impeachment managers to make some astounding
somehow, when Democratic candidates is to overturn the popular will of the voters. legal arguments. They astoundingly
We must not overturn an election and re- urge you to disregard your oath by ig-
publicly decry an election as stolen or
move a President from office except to de-
illegitimate, it is never a big lie. You noring the First Amendment of the
fend our system of government or our con-
have been doing it for years. stitutional liberties against the dire threat, Constitution. They also ignore land-
(Text of video presentation of 2–10– and we must not do so without an over- mark binding United States Supreme
2021.) whelming consensus of the American people. Court cases, precedents—Wood and
Mr. Manager CASTRO of Texas. But can There must never be a narrowly voted im- Bond—both of which unequivocally
you imagine telling your supporters that the peachment or an impeachment supported by hold that elected officials have core
only way you can possibly lose is if an Amer- one of our major political parties and op- First Amendment rights to engage in
ican election was rigged and stolen from posed by the other. Such an impeachment the exact type of political speech
you? And ask yourself whether you have ever will produce the divisiveness and bitterness
which Mr. Trump engaged in. I was
seen anyone at any level of government in our politics for years to come and will call
make the same claim about their own elec- into question the very legitimacy of our po- shocked the House managers not only
tion. litical institutions. spent a mere three pages on the First
The American people have heard the alle- Amendment analysis in their trial
(Text of video presentation of 11–14–
gations against the President, and they over- memo but that, yesterday, they spent a
2018.) whelmingly oppose impeaching him. They mere 10 minutes, at the end of their
Mr. BROWN. If Stacey Abrams doesn’t win elected President Clinton. They still support
in Georgia, they stole it. It’s clear. It’s clear.
case, as a throwaway. What we have
him. We have no right to overturn the con- read and what we have heard is devoid
And I say that publicly. It’s clear. sidered judgment of the American people.
Mr. Speaker, the case against the Presi- of any constitutional analysis, far less
(Text of video presentation of 5–4–
dent has not been made. There is far from than what I would expect from a first-
2019.)
sufficient evidence to support the allega- year law student. They left out land-
Ms. CLINTON. You can run the best cam-
paign—you can even become the nominee—
tions, and the allegations, even if proven mark cases—total intellectual dishon-
true, do not rise to the level of impeachable esty.
and you can have the election stolen from
offenses. And, finally, hatred is at the heart of
you.
Mr. Speaker, this is clearly a partisan rail- the House managers’ frivolous attempt
(Text of video presentation of 9–29– road job. The same people who today tell us
2019.) to blame Donald Trump for the crimi-
we must impeach the President for lying
under oath almost to a person voted last nal acts of the rioters based on double
Ms. CLINTON. He knows he’s an illegit-
imate President. He knows. He knows that year to re-elect a Speaker who had just ad- hearsay statements of fringe rightwing
there were a bunch of different reasons why mitted lying to Congress in an official pro- groups based on no real evidence other
the election turned out the way it did. ceeding. than rank speculation.
The American people are watching, and Hatred is a dangerous thing. We all
(Text of video presentation of 11–6– they will not forget. You may have the
2018.) have to work to overcome it. Hatred
votes, you may have the muscle, but you do should have no place in this Chamber,
Ms. Abrams. Votes remain to be counted. not have the legitimacy of a national con-
There are voices that are waiting to be in these proceedings.
sensus or of a constitutional imperative.
heard. This partisan coup d’etat will go down in in-
The second observation.
famy in the history of this Nation. The Senate is presented with an ex-
(Text of video presentation of 11–16–
Thank you, Mr. Speaker. traordinary task of sitting in judgment
2018.)
I yield back the balance of my time. of a former President’s words in a
Ms. Abrams. And I will not concede.
Mr. Counsel SCHOEN. Thank you. speech that he gave at a political
(Text of video presentation of 11–18– Mr. VAN DER VEEN. Good afternoon event. The House managers accused
2018.) again, Senators, Mr. President. Mr. Trump of using his words to incite
Mr. Tapper. I respect the issues that you’re There are two fundamental questions the horrific events at the Capitol on
raising, but you’re not answering the ques- for purposes of this free speech anal- January 6, but yesterday, they gave
tion. Do you think it was——
Ms. Abrams. I am.
ysis. First, does the First Amendment you a new and novel standard of incite-
Mr. Tapper. You’re not using the word ‘‘le- to the Constitution apply in this ment, with an element of
gitimate.’’ Chamber to these impeachment pro- foreseeability, a negligence concept.
dlhill on DSK120RN23PROD with SENATE
(Text of video presentations of 1–6– ceedings? Second, if it does, do the They cite zero case law. They made it
2005.) words spoken by Mr. Trump at the El- up. This task of applying a completely
Ms. PELOSI. There are still legitimate lipse on January 6 meet the definition made-up legal standard of incitement
concerns over the integrity of our elections of ‘‘constitutional incitement’’ so as to to an impeachment proceeding is truly
and of ensuring the principle of one person, void the protections afforded by the an unprecedented task for the Senate,
one vote. First Amendment? I will explain why and that is something the Senate must
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.011 S12FEPT1
February 12, 2021 CONGRESSIONAL RECORD — SENATE S675
seriously consider when deciding the Madonna. I have thought an awful lot process that would make the President
issue. about blowing up the White House. ‘‘the mere creature of the Legislature,’’
Do you want to create a precedent Mr. BOOKER. Please, get up in the face of a quote directly from the Framers
some Congresspeople.
where the Senate will be tasked with while debating the impeachment proc-
Ms. PELOSI. People will do what they do.
sitting in judgment as to the meaning Mr. SCHUMER. I want to tell you, ess on the floor of the Constitutional
and implied intent of a President’s Gorsuch, I want to tell you, Kavanaugh: You Convention of 1787. The Framers were
words or words of any elected official? have released the whirlwind, and you will fearful that any impeachment process
Will that allow and maybe encourage pay the price. that gave Congress full discretion on
a majority party to weaponize the awe- Ms. TLAIB. We are going to go in there, we the standard for impeachment would
some power of impeachment against are going to impeach the [bleep]. constitute nothing less than a viola-
the minority to suppress a point of Ms. Johnson. This is just a warning to you tion—‘‘a violation of the fundamental
view? Trumpers: Be careful. Walk lightly. And for
principle of good Government.’’
those of you who are soldiers, make them
Will the Senate then have to deal One Founding Father, James Wilson,
pay.
with constant Articles of Impeachment Ms. DeGeneres. If you had to be stuck in an wrote extensively on the impeachment
by a majority party accusing minority elevator with either President Trump, MIKE process. Mr. Wilson was a renowned
Presidents or other elected officials of PENCE, or Jeff Sessions, who would it be? legal scholar at the time, a law pro-
so-called inciteful or false speeches? Ms. HARRIS. Does one of us have to come fessor at the University of Pennsyl-
You can see where this would lead. out alive? vania in Philadelphia. He was a major
Sadly, we have all seen the political Mr. Counsel VAN DER VEEN. Again, force in drafting and adopting the Con-
rhetoric get ratcheted up over the last I did not show you their robust speech stitution in 1787. He served as one of
few years. We have all been witnesses to excuse or balance out the speech of the first Supreme—one of the first six
to many incendiary words by our offi- my client, for I need not. I showed you Supreme Court Justices from 1789 to
cials at political events, broadcast over the video because in this political 1798. He was appointed by President
the media and internet. In each of forum, all robust speech should be pro- George Washington. In fact, Wilson
those instances, will there now be Sen- tected, and it should be protected even- taught the first course on the new Con-
ate impeachment hearings? ly for all of us. stitution to President Washington and
One last observation. As a brief aside, we should all reflect his Cabinet—the first in the Nation’s
We agree with the House managers: and acknowledge the rhetoric has got- history—in Philadelphia at the Univer-
Context does, indeed, matter. ten to be too much and over the top. It sity of Pennsylvania in 1789.
The inflammatory rhetoric from our is grating on the collective well-being Wilson, in his law lectures, the first
elected officials must be considered as of the body public, the citizens. Most of their kind under the Constitution,
part of the larger context of Mr. would like it to stop. But the point is, plainly states that the Senate may not
Trump’s speech at the Ellipse on Janu- when you see speech such as this, you ignore the Constitution in impeach-
ary 6. have to apply the First Amendment ment proceedings. He states that law-
The inflammatory language from evenly, blindly. She is blind, Lady Jus- ful and constitutional conduct may not
both sides of the aisle has been alarm- tice. be used as an impeachable offense. Let
ing, frankly, but this political dis- Question No. 1: Does the First me say that again. He states that law-
course must be considered as part of Amendment apply to this Chamber in ful and constitutional conduct may not
these proceedings to contextualize Mr. these proceedings? be used as an impeachable offense.
Trump’s words. The House managers’ position, as Read along with me:
We have some video to play that stated in their trial brief, is ‘‘The First The doctrine of impeachments is of high
highlights some of what I am talking Amendment does not apply at all to an import in the constitutions of free states. On
about. I preface this video by noting I impeachment proceeding.’’ That is one hand, the most powerful magistrates
am not showing you this video as some their position. This is plainly wrong. should be amenable to the law: on the other
excuse for Mr. Trump’s speech. This is The text of the First Amendment ex- hand, elevated characters should not be sac-
not about—this is not whataboutism. I pressly restricts Congress from regu- rificed merely on account of their elevation.
am showing you this to make the point lating speech.
No one should be secure while he violates the
that all political speech must be pro- constitution and the laws: everyone should
It says: be secure while he observes them.
tected.
Congress shall make no law respecting an
(Text of video presentations.) To be clear, James Wilson is saying
establishment of religion, or prohibiting the
Ms. PELOSI. I just don’t even know why free exercise thereof; or abridging the free- that the Constitution does indeed
there aren’t uprisings all over the country. dom of speech, or of the press; or the right of apply when judging whether to convict
Maybe there will be. the people peaceably to assemble, and to pe- an official by impeachment. If the com-
Ms. PRESSLEY. There needs to be unrest tition the Government for a redress of griev- plained-of conduct is constitutional, it
on the streets for as long as there is unrest ances. cannot be impeachable. Are we to ig-
in our lives.
Ms. PELOSI. We gotta be ready to throw a To ignore the Constitution would be nore the words and teachings of James
punch. contrary to the oath of office of a Wilson? The House managers surely
You have to be ready to throw a punch. United States Senator: want you to.
Mr. TESTER. Donald Trump, I think you I do solemnly swear (or affirm) that I will The House managers have made sev-
need to go back and punch him in the face. support and defend the Constitution of the eral references to this letter signed by
Ms. Wallace. I thought he should have 140 partisan ‘‘law professors’’ calling
United States against all enemies, foreign
punched him in the face.
Mr. BOOKER. I feel like punching him.
and domestic; that I will bear true faith and Mr. Trump’s First Amendment defense
Vice President BIDEN. I’d like to take him allegiance to the same— ‘‘legally frivolous.’’ This is really an
behind the gym, if I were in high school. Well, you all know the rest. outrageous attempt to intimidate Mr.
If we were in high school, I’d take him be- No, the Senate cannot ignore the Trump’s lawyers.
hind the gym and beat the hell out of him. First Amendment. The Constitution Whenever a lawyer advances a truly
You know, I wish we were in high school. itself limits the ability of the House to ‘‘frivolous’’ argument, they may vio-
I could take him behind the gym.
Ms. WATERS. I will go and take Trump
impeach to limited items, such as late professional, ethical rules and
out tonight. ‘‘high crimes and misdemeanors.’’ could be subject to discipline.
Ms. WARREN. Take him out now. The position advanced by the House This letter is a direct threat to my
Mr. Depp. When was the last time an actor managers is essentially an unlimited law license, my career, and my family’s
assassinated a President? impeachment standard without con- financial well-being. These ‘‘law profes-
dlhill on DSK120RN23PROD with SENATE
Mr. Wilson. They’re still going to have to stitutional guardrails, unmoored to sors’’ should be ashamed of themselves,
go out and put a bullet in Donald Trump. any specific legal test other than the and so should the House managers.
Mr. Cuomo. Show me where it says that
protest is supposed to be polite and peaceful. unbridled discretion of Congress. How dare you? Do you really hate
Ms. WATERS. And you push back on them, This is distinctly not the intent of Donald Trump so much that you are
and you tell them they are not welcome any- the Framers. The Framers were aware willing to destroy good, hard-working
more, anywhere. of the danger of any impeachment people’s lives, people that are only
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.012 S12FEPT1
S676 CONGRESSIONAL RECORD — SENATE February 12, 2021
doing their jobs, and, frankly, as coun- given by the House managers. These elected official for protected political
sel for an accused fulfilling a constitu- sideways analogies are wrong. Mr. speech. Bond is particularly instructive
tional role? It is astounding, really. I Trump was an elected official, and here, too. In Bond, the Supreme Court
am a citizen, not a politician. there is an entire body of law, Supreme squarely addressed a question of an
I know these First Amendment argu- Court landmark cases, supporting the elected official’s punishment by a leg-
ments are not anywhere close to frivo- conclusion that Mr. Trump actually islature for statements alleged to have
lous. They are completely meritorious. has enhanced free speech rights be- incited public violation of law—the
Interestingly, the law professors’ let- cause he is an elected official. These burning of draft cards. The Court un-
ter was issued on February 5—3 days cases are ignored by the House man- equivocally rejected the idea—ad-
before we even filed our legal brief in agers and the law professors, and that, vanced here by the House managers—
this matter—and they ignored land- too, is total intellectual dishonesty. that an elected official is entitled to no
mark, bedrock Supreme Court cases di- The Supreme Court has long held protection under the First Amend-
rectly addressing this issue. that the First Amendment’s right to ment. The Supreme Court held that the
In our brief, we have a direct quote freedom of speech protects elected offi- Georgia House of Representatives was
from James Wilson, the Founding Fa- cials. in fact forbidden by the First Amend-
ther, supporting our position. The di- Two important, on-point decisions ment from punishing Bond, by not
rect quote was documented in the from the Supreme Court—Wood v. seating him, for advocating against the
Founding Father’s original legal papers Georgia and Bond v. Floyd—expressly policy of the United States.
on the subject. He was the primary contradict the House managers’ posi- There are three fundamental hold-
draftsman of the Constitution who tion. The House managers do not even ings in Bond.
taught the new Constitution to Presi- cite those cases in their brief. They No. 1:
dent Washington. He says so long as barely acknowledge them in their
The manifest function of the First Amend-
acts of elected officials like Mr. Trump reply, and they were mum on them yes- ment in a representative government re-
are constitutionally protected, he terday. quires that legislators be given the widest
should not be impeached. In Wood v. Georgia, the Supreme latitude to express their views on issues of
We have landmark U.S. Supreme Court addressed the case involving a policy.
Court decisions—Wood and Bonds, sitting sheriff whose reelection was No. 2:
which I will explain in detail—sup- being investigated by a grand jury
Just as erroneous statements must be pro-
porting our position. impaneled by a judge based on allega- tected to give freedom of expression the
All of this the House managers and tions of irregular ‘‘Negro bloc voting.’’ breathing space it needs to survive, so state-
the partisan law professors completely It was in the sixties. ments criticizing public policy and the im-
and misleadingly ignore. The sheriff spoke publicly in mul- plementation of it must be similarly pro-
Frivolous? Hardly. The letter is a tiple press releases calling the grand tected.
bully tactic, and I think evidence is the jury investigations ‘‘racist,’’ ‘‘illegit- Third holding:
House managers know they have a imate,’’ and an attempt to ‘‘intimi-
Legislators have an obligation to take po-
problem with the First Amendment de- date’’ voters. He even urged the grand sitions on controversial political questions
fense on the merits, so they are resort- jurors on how to decide the issues and so that their constituents can be fully in-
ing to such tactics. ‘‘not let its high office be a party to formed by them, and be better able to assess
The House managers’ suggestion that any political attempt to intimidate’’ their qualifications—
the First Amendment does not apply to voters. The sheriff viewed the grand Please, read along with me—
this impeachment process is com- jury’s challenging the legitimacy of his their qualifications for office; also so they
pletely untenable. election. may be represented in governmental debates
The sheriff even sent a letter to the by the person they have elected to represent
Ignoring the First Amendment would
grand jurors with these allegations, them.
conflict with the Senators’ oath of of-
which is an extraordinary step since Mr. Trump enjoys this same First
fice. It would also conflict with well-
laws in most States, including Georgia, Amendment protection from Congress.
settled Supreme Court precedent and
prohibit attempts to influence or in- The First Amendment’s protections
ignore the intent of the Framers of the
timidate jurors. The sheriff was guarantee free speech addressing the
Constitution, such as James Wilson.
charged and convicted of contempt of electoral integrity issues essential to
Above all else, ignoring the Constitu-
court and obstruction of the grand his career that Mr. Trump has consist-
tion would adopt the new Raskin
jury. But the Supreme Court, in a deci- ently advocated.
‘‘commonsense’’ doctrine we heard yes-
sion written by Justice Brennan, re- The House managers argue that ‘‘the
terday, eroding hundreds of years of
versed. The Court held that the First First Amendment’’—and I quote—
First Amendment protections.
We are here under the Constitution. Amendment protected an elected pub- ‘‘does not shield public officials who
It is illogical what the House managers lic official’s speech because the voting occupy sensitive policymaking posi-
said. The Constitution does apply to controversy directly affected the sher- tions from adverse actions when their
this constitutional impeachment proc- iff’s political career: speech undermines important
The petitioner was an elected official and government[al] interests.’’ That is flat
ess. It is double talk. Nonsense. Illogi-
had the—
cal. wrong. They are in essence attempting
If the House managers had their way, Read with me, please, everybody. to treat Mr. Trump as their employee.
they would ignore all of the Constitu- The petitioner was an elected official and This is not the law under Wood and
had the right to enter the field of political Bond. Mr. Trump was elected by the
tion. Does that include the Sixth
controversy, particularly where his political
Amendment? The right to counsel? life was at stake. The role that elected offi-
people. He is an elected official. The
They would have Mr. Trump sitting cials play in our society makes it all the Supreme Court says elected officials
here without lawyers. And who would more imperative that they be allowed freely must have the right to freely engage in
be next? It could be anyone—one of you to express themselves on matters of current public speech.
or one of you. public importance. Indeed, the Supreme Court expressly
You must reject this invitation to ig- Wood thus stands for the proposition rejected the House managers’ argu-
nore the First Amendment. It is anti- that a difference of political opinion, ment in Wood v. Georgia, holding that
American and would set dangerous expressed in speech on an issue of vot- the sheriff was ‘‘not a civil servant,’’
precedent forever. ing irregularity, cannot be punishable but an elected official who had ‘‘core’’
The law has developed over the years where all that was done was to encour- First Amendment rights which could
dlhill on DSK120RN23PROD with SENATE
to clearly establish elected officials age investigation and peaceful political not be restricted. That is Wood v. Geor-
have the right to engage in protected speech—just like Mr. Trump has done gia, page 395, footnote 21.
speech. Mr. Trump is not just a guy on here. The legal scholars call that di- The House managers do not mention
the street or a guy at a bar or a fire rectly on point. Wood or Bond in the trial brief or any-
chief or a police officer—there were a A second case, Bond v. Floyd in- where else. Why? Why not? Because it
few of them in there—all analogies volved a State legislature punishing an does not fit their narrative or their
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.017 S12FEPT1
February 12, 2021 CONGRESSIONAL RECORD — SENATE S677
story. They want to punish Mr. Trump Two: How do you say I want to get rid of America
for engaging in constitutionally pro- the speaker intends that his speech will re- First? Even if you’re going to do it, don’t
tected free speech and they do not sult in use of violence or lawless action, talk about it, right? Unbelievable what we
have to go through. What we have to go
want you to consider the issue. But you and—
through.
must. Three— And you have to get your people to fight.
Question 2: Does Mr. Trump’s speech the imminent use of violence or lawless ac- And if they don’t fight, we have to primary
deserve protection under the First tion is the likely result of the speech. the hell out of the ones that don’t fight. You
Amendment? primary them. We’re going to. We’re going to
There is no doubt Mr. Trump engaged The House managers cannot get past
let you know who they are. I can already tell
in constitutionally protected political the first prong of the Brandenburg test. you, frankly.
speech that the House has, improperly, They have not and cannot prove Mr. Republicans are constantly fighting like a
characterized as ‘‘incitement of insur- Trump explicitly or implicitly encour- boxer with his hands tied behind his back.
rection.’’ The fatal flaw of the House’s aged use of violence or lawless action— It’s like a boxer. And we want to be so nice.
period. We want to be so respectful of everybody, in-
arguments is that it seeks to mete out cluding bad people. And we’re going to have
governmental punishment—impeach- Brandenburg requires a close exam-
to fight much harder.
ment—based on First Amendment po- ination of the words themselves. The And Mike Pence is going to have to come
litical speech. words are either important or they are through for us, and if he doesn’t, that will be
Speech for political purposes is the not. The House managers admitted a, a sad day for our country, because you’re
kind of activity to which the First that the incitement issue is not about sworn to uphold our Constitution.
Amendment offers its strongest protec- the words. Why not? Because on the And the accountability says if we see
face of it, Mr. Trump’s words are no somebody in there that doesn’t treat our
tion. These are bedrock principles rec- vets well or they steal, they rob, they do
ognized by our Supreme Court for dec- different than the figurative speech
things badly, we say: Joe you’re fired. Get
ades. The Court has stated in no uncer- used by every one of the Senators as- out of here.
tain terms the importance of these sembled here today. If it is not about Before you couldn’t do that. You couldn’t
principles to our democratic principles: the words but about the ‘‘Big Lie’’ of a do that before.
The general proposition that freedom of ‘‘stolen election’’ then why isn’t House So we’ve taken care of things. We’ve done
expression upon public questions is secured Manager RASKIN guilty, since he tried things like nobody’s ever thought possible.
by the First Amendment has long been set- to overturn the 2016 election? The more And that’s part of the reason that many peo-
tled by our decisions. The constitutional ple don’t like us, because we’ve done too
the House managers speak, the more
safeguard, we have said, ‘‘was fashioned to much. But we’ve done it quickly.
hypocrisy gets revealed—hypocrisy. And we were going to sit home and watch
assure unfettered interchange of ideas for Even though they say it is not about
the bringing about of political and social a big victory, and everybody had us down for
changes desired by the people.’’
the words, the law under Brandenburg a victory. It was going to be great and now
requires a close analysis of the words we’re out here fighting. I said to somebody,
New York Times v. Sullivan. I was going to take a few days and relax
to determine incitement. So we need to
Our First Amendment decisions have cre- after our big electoral victory. 10 o’clock it
look at those words.
ated a rough hierarchy in the constitutional was over.
protection of speech. Core political speech Mr. Trump did the opposite of advo- The American people do not believe the
occupies the highest, most protected posi- cating for lawless action—the opposite. corrupt, fake news anymore. They have ru-
tion. . . . He expressly advocated for peaceful ac- ined their reputation. But you know, it used
Even political speech that may incite tion at the Save America rally. He ex- to be that they’d argue with me. I’d fight. So
unlawful conduct is protected from the plicitly stated—these are the words: I’d fight, they’d fight, I’d fight, they’d fight.
reach of government punishment. The I know that everyone here will soon be Pop pop. You’d believe me, you’d believe
marching over to the Capitol building to them. Somebody comes out. You know, they
Court has said:
peacefully and patriotically make your had their point of view; I had my point of
Every idea is an incitement, and if speech view. But you’d have an argument.
may be suppressed whenever it might inspire voices heard.
Now what they do is they go silent. It’s
someone to act unlawfully, then there is no ‘‘To peacefully and patriotically called suppression, and that’s what happens
limit to the State’s censorial power. make your voices heard’’—that is how in a Communist country. That’s what they
The government may not prohibit this President has spoken for years do. They suppress. You don’t fight with them
speech because it increases the chances when he condemns violence, lawless- anymore unless it’s a bad story. They have a
of an unlawful act will be committed ness, and rioters. little bad story about me. They make it 10
‘‘at some indefinite time’’ in the fu- The House managers have played ma- times worse, and it’s a major headline.
But Hunter Biden, they don’t talk about
ture. The House managers showed you nipulated, selectively edited parts of him. What happened to Hunter? Where’s
a series of tweets going all the way Mr. Trump’s speech. They focus heav- Hunter?
back to 2015 in an effort to prove ‘‘in- ily on the word ‘‘fight.’’ The President With your help over the last four years, we
citement.’’ All of that evidence is to- used the word ‘‘fight’’ 20 times in his built the greatest political movement in the
tally irrelevant under the constitu- speech. They picked only two. Why? history of our country and nobody even chal-
tional definition of incitement. Why not the other 18? Because they lenges that.
Brandenburg v. Ohio is really the I say that over and over, and I never get
don’t tell the story in the way they challenged by the fakeness, and they chal-
landmark case on the issue of incite- want to tell it. lenge almost everything we say.
ment speeches. The applicable case was Here are all of them. Listen to the But our fight against the big donors, big
mentioned yesterday. In the Branden- context. media, big tech, and others is just getting
burg v. Ohio case, another landmark, (Text of video presentation of 1–6– started. This is the greatest in history.
the Court held the government may 2021.) There’s never been a movement like that.
only—the government may only—sup- Our brightest days are before us. Our
President TRUMP. And, Rudy, you did a greatest achievements, still away.
press speech for advocating the use of great job. He’s got guts. You know what? I think one of our great achievements will
force or a violation of law if ‘‘such ad- He’s got guts unlike a lot of people in the be election security. Because nobody until I
vocacy is directed to inciting or pro- Republican Party. He’s got guts. He fights. came along had any idea how corrupt our
ducing imminent lawless action and is He fights. I’ll tell you. elections were.
likely to incite or produce such ac- Thank you very much, John. Fantastic job. And again, most people would stand there
tion.’’ I watched. That is a tough act to follow, at 9 o’clock in the evening and say I want to
The Brandenburg holding has been those two. thank you very much, and they go off to
interpreted as having three basic There’s so many weak Republicans. And we some other life. But I said something’s
have great ones. JIM JORDAN and some of wrong here, something is really wrong, can
prongs to determine if speech meets
these guys—they’re out there fighting. The have happened.
the definition of ‘‘incitement.’’
dlhill on DSK120RN23PROD with SENATE
House guys are fighting. But it’s—it’s incred- And we fight. We fight like hell. And if you
The Brandenburg test precludes speech ible. don’t fight like hell, you’re not going to have
from being sanctioned as incitement to a Many of the Republicans, I helped them a country anymore.
riot unless— get in. I helped them get elected. Our exciting adventures and boldest en-
This is one— Did you see the other day where Joe Biden deavors have not yet begun. My fellow Amer-
the speech explicitly or implicitly encour- said: I want to get rid of the America First icans, for our movement, for our children,
aged use of violence or lawless action, policy? What’s that all about? Get rid of. and for our beloved country.
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.018 S12FEPT1
S678 CONGRESSIONAL RECORD — SENATE February 12, 2021
And I say this despite all that’s happened. And then there’s the fight to defend. the strategy and the order in which we
The best is yet to come. Ms. DEGETTE. We’re eager to take on this will present our evidence.
‘‘A boxer fighting with his hand tied fight. You have heard from Mr. van der
Ms. HARRIS. The American people are
behind his back’’? ‘‘Members of Con- Veen and Mr. Schoen on the impor-
going to have to fight.
gress fighting’’? ‘‘Rudy being Rudy.’’ Ms. WARREN. Get in this fight. tance of the First Amendment and the
These are the metaphorical, rhetorical Ms. DEGETTE. Get in this fight. importance of due process of law, and
uses of the word ‘‘fight.’’ We all know Mr. BOOKER. Around the clock fighting. because I had the opportunity to set
that, right? We’ve got to keep fighting and keep fo- out the schedule, I decided that I would
Suddenly, the word ‘‘fight’’ is off lim- cused. take the last substantive part of the
its. Spare us the hypocrisy and false in- Mr. Buttigieg. We will fight when we must case for myself. You can take that two
fight.
dignation. It is a term used over and ways. The first, perhaps, is the best,
Mr. CASTRO of Texas. We’ve been fighting.
over and over again by politicians on But we need to fight. and that would be that it is almost
both sides of the aisle. And, of course, But we also need to fight. over. The second is that perhaps you
the Democrat House Managers know Vice President BIDEN. Always going to be have to wait another hour for it to be
that the word ‘‘fight’’ has been used an uphill fight. over.
figuratively in political speech forever. Ms. KLOBUCHAR. This is going to be a The reason why I chose this section—
But don’t take it from me. It is best to fight. and believe me, it was a very difficult
Ms. HARRIS. We always must fight. decision to make because I thought
listen to them. Mr. Buttigieg. We’re in the fight of our
(Text of video presentations.) lives.
that the other arguments presented by
Ms. HARRIS. Our mission is to fight. Mr. CICILLINE. We’re going to be in for Mr. Schoen and Mr. van der Veen were
Our job is to fight. the fight of our lives. outstandingly researched, thoroughly
We are in a fight. Mr. KAINE. This is the fight of our lives. vetted, and wonderfully and
We are in a fight. Vice President BIDEN. Fight of their lives. articulately presented by them. But
We are in a fight. Ms. WARREN. We are in this fight for our the critical issue in this case is the
Mr. SCHUMER. Democrats are fighting as lives. very narrow issue that is charged
hard as we can. Ms. HARRIS. We cannot ever give up fight-
Mr. CICILLINE. Democrats are standing ing.
against the 45th President, and that
up to fight. issue is, did the 45th President engage
Hypocrisy. The reality is, Mr. Trump in incitement of—they continue to say
Ms. HARRIS. We know how to fight.
We like a good fight.
was not in any way, shape, or form in- ‘‘insurrection’’? Clearly, there was no
Mr. SCHUMER. Democrats are going to structing these people to fight or to insurrection.
fight like hell. use physical violence. What he was in- ‘‘Insurrection’’ is a term of art de-
Mr. O’ROURKE. We fight like hell. structing them to do was to challenge fined in the law, and it involves taking
Mr. SWALWELL. We’re going to fight like their opponents in primary elections, over a country, a shadow government,
hell. to push for sweeping election reforms,
Mr. McDonough. I will fight like hell.
taking the TV stations over, and hav-
to hold Big Tech responsible—all cus- ing some plan on what you are going to
Mr. BLUMENTHAL. We’re going to fight
tomary and legal ways to petition your do when you finally take power. Clear-
like hell.
I’m going to fight like hell. government for redress of grievances, ly, this is not that. What our col-
Fight like hell. which, of course, is also protected con- leagues here across the aisle meant is
Ms. ROSEN. I will fight like hell. stitutional speech. incitement to violence, to riot. So the
Ms. CORTEZ MASTO. We have to fight But the House Managers don’t want word ‘‘incitement’’ is the critical case
like hell. you to focus on those things because,
Mr. SANDERS. I know many of the Sen-
and the critical issue in the case.
again, it does not fit their story. In the Now, the first time that you heard
ators and Members of the House will fight end, I leave you with this quote from
like hell. from us, I told you that you would
Mr. Perez. We’re going to fight like hell.
Benjamin Franklin: never hear from our side that what
Ms. KLOBUCHAR. We’re going to fight Freedom of speech is a principal pillar of a happened on January 6 was anything
like hell. free government; when this support is taken other than horrific and that the 45th
Vice President BIDEN. Fight like hell. away, the constitution of a free society is
President of the United States and his
Ms. PELOSI. And we just have to fight. dissolved, and tyranny is erected on its
ruins. lawyers and his entire team adamantly
Mrs. CLINTON. We’re going to fight.
denounce that violence by those crimi-
We are going to fight. Thank you.
We’re going to fight. nals that occurred in this very Cham-
RECESS
We’re going to fight. ber, this very building.
Mr. LIEU. Because we will have to fight. Mr. SCHUMER. Mr. President, I ask There was a reason why we started
Ms. ROSEN. To fight. unanimous consent that the Senate re- our presentation back on Tuesday in
Mr. SANDERS. Political revolution. cess for a 15-minute break. that way, because I did not want the
That means that millions— There being no objection, at 1:53 Senators to consider that there was
Millions. p.m., the Senate, sitting as a Court of any challenge to that particular fact.
Millions. Impeachment, recessed until 2:34 p.m.; Yet the House managers, knowing it
Have got to stand up— whereupon the Senate reassembled
And fight. was not contested at all, chose to spend
when called to order by the President 14-plus hours showing you pictures of
And fight.
And fight. pro tempore. how horrific the attack on the United
Stand up and fight back. COUNSELS’ PRESENTATION—CONTINUED States Capitol was. They spent no time
Mr. WYDEN. Fight. The PRESIDENT pro tempore. Who at all in connecting legally the attack
Vice President BIDEN. Continue to fight. seeks recognition? on the Capitol to the 45th President of
Once again, fight. Mr. Counsel CASTOR. I do, Mr. Presi- the United States, which is the only
Mr. RASKIN. Back the fight. dent. question that needs to be answered, is,
Mr. SCHUMER. We are fighting back.
Ms. DEAN. My fight. To fight an adminis-
The PRESIDENT pro tempore. Mr. Was Donald Trump responsible for in-
tration. Castor is recognized. citing the violence that came to this
Ms. WARREN. You don’t get what you Mr. Counsel CASTOR. Mr. President, building on January 6?
don’t fight for. Members of the Senate, good after- Now, by any measure, President
Mr. CASTRO of Texas. We will also fight noon. Trump is the most pro-police, anti-mob
him and challenge him in every way that we It has been my great privilege over rule President this country has ever
can. the past couple of weeks to lead this seen. His real supporters know this. He
dlhill on DSK120RN23PROD with SENATE
Mr. KAINE. Fight him in Congress, fight outstanding team of lawyers and dedi- made it clear throughout his Presi-
him in the courts, fight him in the streets.
cated professionals in the defense of dency. He made it clear during the vio-
Mr. CASTRO of Texas. In the Congress, in
the courts, and in the streets. the 45th President of the United lence this past summer. He made it
Mr. RASKIN. There’s the fight. States. One of the most difficult things clear on January 6. But politics
There’s the fight. in leading such a talented group is de- changes things. Politics has created
There’s the fight. ciding who is responsible for what and and interposed an element that should
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.020 S12FEPT1
February 12, 2021 CONGRESSIONAL RECORD — SENATE S679
not be here. It has interposed the ele- his plain words that day, as Mr. van der lence was preplanned, as confirmed by
ment of hatred. And the political world Veen elucidated on a few moments ago. the FBI, Department of Justice, and
changes when hatred becomes part of We know the President could not have even the House managers—not the re-
the dynamic. incited the riots because of the sult of the speech at all.
As we wrote in our answer to the timeline of the events of that day. Several of my colleagues of the
original charging document—and I We heard a great deal from the House House managers got up and spoke
hope that this is a phrase that lives on managers about their prosecutorial about the proceeding in the House
long after we are all departed and I bona fides and their ability to analyze being like a grand jury proceeding.
hope someday this becomes the mantra evidence, apply it to statutes, use Well, I have been in grand jury pro-
by which all of us operate who work for timelines, and figure out what hap- ceedings. I have run grand juries. In
the benefit of the public—that political pened based on circumstantial evidence grand jury proceedings, you call wit-
hatred has no place in the American and direct evidence and testimony and nesses; you hear evidence; you make
justice system and most certainly no forensic analysis. I can’t recall any of transcripts; you take affidavits; you
place in the Congress of the United the House managers who got up that develop physical evidence; you hear re-
States. didn’t make some reference to prosecu- ports from police officers; you hear fo-
To illustrate the contrast that I am torial bona fides. Well, I spent more rensic analysis from scientists; in fact,
speaking of, we have a video. than three decades locking up killers. you invite the target of the grand jury
(Text of video presentations.) And I do know a little bit about apply- to come in and testify if he or she
President TRUMP. I am your President of ing facts to the law. pleases to be heard by the grand jury.
law and order and an ally of all peaceful pro- We know that the President would Which one of those things happened
testers. never have wanted such a riot to occur in the House prior to the Impeachment
Vice President BIDEN. The vast majority because his longstanding hatred for Article? I don’t believe any of them
of the protests have been peaceful. violent protesters and his love for law happened. So the suggestion that what
President TRUMP. Republicans stand for and order is on display, worn on his happened in the House was anything at
law and order, and we stand for justice.
sleeve every single day that he served all like a grand jury investigating a
Ms. PELOSI. I just don’t even know why
there aren’t uprisings all over the country, in the White House. But if we are going case and referring it for prosecution is
and maybe there will be. to apply the facts to the statute, it has complete nonsense. And if the House
President TRUMP. My administration will to be done systematically. It has to be managers are trying to fool you about
always stand against violence, mayhem, and done with precision, the way a court that, you must ask yourself: What else
disorder. would expect us to do that. are they trying to fool you about?
Ms. PRESSLEY. There needs to be unrest Let’s look at the letter of the law. Let’s look more closely at the Presi-
in the streets for as long as there is unrest in Again, Mr. van der Veen gave you an dent’s speech. We have mentioned this
our lives. overview of the Brandenburg case and lie before, but it is so critical, we need
President TRUMP. I stand with the heroes
some of the related cases. You notice to talk about it again. The President
of law enforcement.
Ms. WATERS. (Inaudible.) that when Mr. Van der Veen listed the asked that the attendees at his rally
You tell them that they are not welcome elements that he took verbatim or peacefully make their voices heard.
anymore, anywhere. close to verbatim right out of Branden- (Text of video presentation.)
President TRUMP. We will never defund burg, they bore no reference whatso- President TRUMP. I know that everyone
our police. Together, we will ensure that ever to the elements that flashed up by here will soon be marching over to the Cap-
America is a nation of law and order. the Democratic managers the other itol Building to peacefully and patriotically
Vice President BIDEN. If I were in high make your voices heard.
day repeatedly. He actually used the
school, I would take him behind the gym and The managers would have you believe
beat the hell out of him.
Supreme Court’s case. He didn’t make
it up. that the President’s supporters usually
Mr. TESTER. I think you need to go back
Let’s look at the letter of the law. follow his every word but, in this case,
and punch him in the face.
Mr. BOOKER. I feel like punching him. The Supreme Court of the United imputing some imaginary meaning to
President TRUMP. We just want law and States, over 50 years ago, laid out a them while ignoring his most clear in-
order. Everybody wants that. clear test to determine whether speech structions. President Trump said
Mr. SCHUMER. I want to tell you, is incitement. Under that test, the ‘‘peacefully and patriotically make
Gorsuch, I want to tell you, Kavanaugh: You Brandenburg v. Ohio test, there are your voices heard.’’ And the House
have released the whirlwind, and you will managers took from that ‘‘go down to
three elements that must be proven be-
pay the price. the Capitol and riot.’’ So you are sup-
President TRUMP. If we want law and yond a reasonable doubt, by a prepon-
derance of the evidence—whatever the posed to put yourselves in the heads of
order, we have to have law and order.
Mr. Cuomo. Show me where it says that Senate considers—I suggest beyond a the people who hear ‘‘peacefully and
protesters are supposed to be polite and reasonable doubt. patriotically make your voices heard’’
peaceful. First, the speech in question must and conclude that those words do not
President TRUMP. We believe in safe explicitly or implicitly encourage the mean what the President said.
streets, secure communities, and we believe use of violence or lawless action. But More than that, the President criti-
in law and order. here the President’s speech called for cized the destruction wrought by left-
Is there truly anyone in this Cham- peaceful protests. wing anarchists and rioters. He told his
ber who disagrees with the words as Second, the speaker must intend that supporters that they build; they don’t
spoken by President Trump on that his speech will result in the use of vio- destroy.
video? Surely not. Surely not. lence or lawless action. And, again, as (Text of video presentation.)
This contrast and in this context, I Mr. van der Veen pointed out, the President TRUMP. If this happened to the
ask you to keep that in mind. My col- President clearly deplores rioters and Democrats, there’d be hell all over the coun-
leagues here—actually, my colleague try going on. There’d be hell all over the
political violence and did so through-
country. But just remember this: You’re
here, Mr. RASKIN, hopes that you don’t. out his term as President and never stronger. You’re smarter. You’ve got more
They have used selective editing and hesitated to express his admiration for going than anybody. And they try and de-
manipulated visuals to paint a picture the men and women that protect this mean everybody having to do with us. And
far different from this truth. country. you’re the real people. You’re the people
Make no mistake, and I will repeat it Finally, the third element under the that built this Nation. You’re not the people
now and anytime I am ever asked, Jan- Brandenburg test is the imminent use that tore down our Nation.
uary 6 was a terrible day for our coun- of violence—imminent use of vio- Is it possible, listening to those
dlhill on DSK120RN23PROD with SENATE
try. The attack on this building lence—in other words, right then. The words in the proper cadence without
shocked us all. President Trump did imminent use of violence or lawless ac- them being edited or the sound
not incite or cause the horrific vio- tion must be the likely result of the changed so that they are indistinguish-
lence that occurred on January 6, 2021. speech—the likely result of the speech. able or sounds as though the crowd is
They know that. We know the Presi- Well, that argument is completely right there, but listening to it here as
dent did not incite the riot because of eviscerated by the fact that the vio- you have here, unedited by us—is it
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.022 S12FEPT1
S680 CONGRESSIONAL RECORD — SENATE February 12, 2021
possible that President Trump’s dis- clude, that is the criminal way. But Pool. This is a full 45 minutes before
dain for political violence could be any what the President said was the Amer- President Trump even took the stage
clearer to the persons listening as he ican way. on January 6. Let me repeat that. Vio-
was speaking? Again, the House managers manipu- lent criminals were assembling at the
Is it possible his words could have lated President Trump’s words. I can’t Capitol, over a mile away, almost an
been misunderstood? stand here and pretend to tell you that hour before the President uttered a sin-
I suggest to you that is the possi- I know every time from all those vid- gle word on the Ellipse. You did not
bility. eos that the House managers manipu- hear that fact during the hours and
Now, the House managers said the lated what the President said, put up hours of the House managers’ presen-
President told the crowd: ‘‘You have to evidence that was not with the founda- tation, did you?
get [out] your people to fight.’’ The tion of correctness and admissibility When the President spoke, what did
House managers’ claim is that the we expect. I can’t tell you that I picked he call for? He called for rally
President of the United States was tell- up every one. I don’t think Mr. van der attendees to peacefully and patrioti-
ing the audience to get each other to Veen or Mr. Schoen or any of the oth- cally make their voices heard, for them
physically fight, but that is not what ers who worked with us can tell you to walk down Pennsylvania Avenue to
the President said. that. cheer on Members of Congress.
The people who should fight, he said, But what I can tell you is there were President Trump went on for more
were Members of Congress. If they an awful lot of times. And I know at than an hour, ending at 1:11. Now, why
don’t fight, what the President said is, least some of you were judges in pre- is this important? Because of all of the
what should the rally attendees do? If vious lives. If one of the lawyers was events that I am about to describe,
Members of Congress wouldn’t fight for able to create the impression that one they all occurred before—before—
the principles they held dear, what was side intentionally presented false or President Trump’s remarks concluded.
misleading evidence, that judge would At 12:49 p.m., the first barriers at the
it that the President specifically told
give an instruction called falsus in uno, U.S. Capitol Grounds were pushed over,
his supporters at that rally he wanted
falsus in omnibus: False in one thing, and the crowd entered the restricted
them to do? He wanted them to support
false in everything. In other words, if area.
primary challenges. At 1:05 p.m., Acting Defense Sec-
Now, nobody in this Chamber is anx- they are trying to fool you about one
retary Christopher Miller received
ious to have a primary challenge. That thing, not only might they be trying to
open source reports of demonstrator
is one truism I think I can say with fool you in something else, but under
movements to the U.S. Capitol.
some certainty. But that is the way we that maxim of the law, you may con- At 1:09 p.m., U.S. Capitol Police Chief
operate in this country. When the peo- clude they are trying to fool you in ev- Steven Sund called the House and Sen-
ple of a State want to change their erything else. ate Sergeant at Arms, telling them he
Representatives and their Senators, President Trump was immediate in
wanted an emergency declared, and he
they use the electoral process. Presi- his calls for calm and respect for law
wanted the National Guard called.
dent Trump told his listeners that if enforcement. The House managers em- The point: Given the timeline of
their Members of Congress won’t fight phasized President Trump’s tweet in events, the criminals at the Capitol
for their views, then go back home and the 6 p.m. hour where he told the were not there at the Ellipse to even
find others that will. That is what crowds: hear the President’s words. They were
President Trump said—the people who Go home with love & in peace. Remember more than a mile away, engaged in
should fight were the Members of Con- this day.
their preplanned assault on this very
gress. What is it they left out? Well, the building. This was a preplanned as-
(Text of video presentations.) House starts their recitation of what sault—make no mistake—and that is a
Mr. Manager NEGUSE. ‘‘You have to get President Trump said as far as the critical fact.
your people to fight,’’ he told them. aftermath of when the Capitol was Watch this.
President TRUMP. You have to get your breached at roughly 6 p.m. What they (Text of video presentation of 2–10–
people to fight. And if they don’t fight, we don’t tell you and didn’t tell you—and 2021.)
have to primary the hell out of the ones that which you probably don’t know be- Mr. Manager CICILLINE. Does anyone in
don’t fight. You primary them. We’re going cause I think I am the first one to say this Chamber honestly believe that but for
to let you know who they are. I can already it in this forum—is at 2:38, President the conduct of President Trump that that
tell you, frankly. charge in the Article of Impeachment, that
Trump urged protesters at the U.S.
It is pretty stark contrast when you that attack on the Capitol would have oc-
Capitol to stay peaceful:
watch that video, isn’t it? When you curred? Does anybody believe that?
Please support our Capitol Police and Law
see the House manager tell you—and I Enforcement. They are truly on the side of (Text of video presentations.)
don’t know if we’re under oath here, our Country. Stay peaceful! Mr. Blitzer. It was not some sort of sponta-
but when I walked into this room, I neous decision by a bunch of ‘‘protesters’’ to
Before we run the graphic, I just go up to Capitol Hill and storm Capitol Hill.
sure as heck felt as if I was under oath want to point out to you, President This was all planned out.
and felt like I was speaking not only to Trump’s speech ended at 1:11 p.m. So at Mr. Tapper. How much of it was planned?
Senators of the United States but be- 2:38 p.m., by the time word reaches the How much of this was strategized ahead of
fore the entire world and with God President that there is a problem down time?
watching. here, he is out urging people to support Mr. Perez. They are getting indications,
And a House manager got up here and some evidence that indicates that there was
the police, stay peaceful, support our some level of planning.
told you that the President of the Capitol Police and law enforcement. Ms. Quijano. There appears to be
United States, on January 6, 2021, told They are on the side of the country. premeditation.
the crowd that they had to go and Stay peaceful. Mr. Muir. An FBI internal report the day
fight. And the implication that they At 3:13 p.m., President Trump urged before the siege, warning of a violent war at
wanted you to draw was that he was protesters at the U.S. Capitol to re- the Capitol.
sending them down to Capitol Hill to Ms. Quijano. The FBI issued a warning of a
main peaceful: ‘‘war’’ at the Capitol.
go and breach the building and trash No violence. Remember, WE are the Party Mr. Colbert. The FBI warned law enforce-
the very sacred Halls of Congress. of Law and Order. Respect the law and our ment agencies about this specific attack.
But we now know that is not at all great men and women in blue.
(Text of audio presentation.)
anything near what the President said. 3:13 p.m. Be ready to fight. Congress needs to hear
What the President said was: If you President Trump’s words couldn’t glass breaking, doors being kicked in.
dlhill on DSK120RN23PROD with SENATE
can’t get your Members of Congress to have incited the riot at the Capitol. (Text of video presentations.)
do as you would like them to do, you The day’s events make this clear. Let’s Mr. D’Antuono. We developed some intel-
primary them. That is the American walk through the actual timeline. ligence that a number of individuals were
way. At 11:15 a.m. police security camera planning to travel to the DC area with inten-
The first way that the House man- videos show crowds forming at First tions to cause violence. We immediately
agers presented and wanted you to con- Street, near the Capitol Reflecting shared that information.
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.023 S12FEPT1
February 12, 2021 CONGRESSIONAL RECORD — SENATE S681
Ms. Herridge. And they pushed out that in- even though a tremendous amount of But why wouldn’t you want to find the
formation through this JTTF structure. new, first-time mail-in ballots were in- right answer, Brad? Instead of keep saying
Mr. D’Antuono. It was immediately dis- cluded in the 2020 count, the Georgia that the numbers are right, because those
seminated through a written product and numbers are so wrong.
briefed to our command post operation to all
rejection rate in 2020 was a mere four-
tenths of 1 percent—a drop-off from 6.42 Another example:
levels of law enforcement.
Unidentified Speaker. The FBI says two percent to .4 percent. We think that, if you check the signa-
pipe bombs discovered near the Capitol on President Trump wanted the signa- tures—a real check of the signatures—going
January 6 were placed there the night before. ture verification to be done in public. back in Fulton County, you will find at least
Unidentified Speaker. New video appears a couple hundred thousand of forged signa-
How can a request for signature verifi-
to show a person suspected of planting pipe tures of people who have been forged, and we
cations to be done in public be a basis are quite sure that’s going to happen.
bombs near the U.S. Capitol the night before. for a charge for inciting a riot?
Unidentified Speaker. The FBI now says Moreover, there was nothing unto-
the bombs were planted the night before the With that background, it is clear
that President Trump’s comments and ward with President Trump or any
Capitol siege, between 7:30 and 8:30 p.m. other candidate, for that matter,
Mr. Muir. They were planted the day be- the use of the word ‘‘find’’ were solely
related to his concerns with the inex- speaking with the lead elections officer
fore.
Ms. Herridge. It all goes to the idea of plicable dramatic drop in Georgia’s of the State. That is why the Georgia
premeditation and coordination among indi- ballot rejection rates. secretary of state took a call, along
viduals. Let’s examine how the word ‘‘find’’ with members of his team, one of
Mr. Comey. This was a planned assault of
was used throughout that conversa- whom decided to record it and release
people going after a castle. it to the press. The only reason this
tion.
Mr. Counsel CASTOR. So, to answer Mr. Trump’s first use of the word conversation is being discussed in this
the question of the House manager, ‘‘find’’ was as follows: Chamber is because, once again, the
‘‘Does anybody believe that this would media and their Democratic allies dis-
We think that, if you check the signatures,
have occurred but for the speech of a real check of the signatures going back in
torted the true conversation to mislead
Donald Trump?’’ I do. Fulton County, you will find at least a cou- you and the American public. So we
All of these facts make clear that the ple hundred thousand of forged signatures of have a complete lack of evidence to the
January 6 speech did not cause the people who have been forged, and we are Article of Impeachment presented by
riots. The President did not cause the quite sure that’s going to happen. the House managers.
riots. He neither explicitly nor implic- President Trump also used ‘‘find’’ as So why are we here?
itly encouraged the use of violence or follows: Politics. Their goal is to eliminate a
lawless action but, in fact, called for Now, why aren’t we doing signature, and political opponent, to substitute their
the peaceful exercise of every Ameri- why can’t it be open to the public, and why judgment for the will of the voters.
can’s First Amendment right to peace- can’t we have professionals do it instead of (Text of video presentations.)
fully assemble and petition their gov- rank amateurs who will never find anything Mr. Capehart. Why bother with a Senate
ernment for redress of grievances. In and don’t want to find anything? They don’t trial of Donald Trump? He’s no longer Presi-
other words, the Brandenburg standard want to find—you know, they don’t want to dent.
find anything. Someday, you’ll tell me the Mr. Pelley. He will be out of office anyway.
is not made out. reason why, because I don’t understand your Ms. Wallace. Is it to keep him from ever
The House managers admitted many reasoning, but, someday, you’ll tell me the running again?
facts are unknown. Even Speaker reason why, but why don’t you want to find? Ms. DEGETTE. To make sure he may never
PELOSI admitted not knowing the real President Trump echoed his previous run for office again.
cause of the violence when she called sentiments again in the context of pur- Mr. CASTRO of Texas. To keep him from
for a 9/11-style Commission to examine suing a legitimate and robust inves- running for office again.
the facts and causes that led to the vio- tigation into the lack of signature veri-
Mr. KAINE. So Donald Trump will not be
lence. able to run for office again.
fication for mail-in and absentee bal- Ms. BALDWIN. Barring him from running
(Text of audio presentation.) lots.
On the screen is Speaker PELOSI’s for office again.
And why can’t we have professionals do it Mr. VAN HOLLEN. To disqualify him from
call for the 9/11 Commission. instead of rank amateurs who will never find running for office.
Let’s touch now on the second absurd anything and don’t want to find anything? Ms. CLARK of Massachusetts. To dis-
and conflated allegation in the House They don’t want to find anything. You know, qualify him from ever running for office
managers’ single Article. they don’t want to find anything. They don’t again.
President Trump’s phone call to want to find—you know, they don’t want to Mr. SCHIFF. To disqualify him from run-
Georgia Secretary of State Brad find anything. Someday, you’ll tell me why, ning for office again.
Raffensperger—surreptitiously re- because I don’t understand your reasoning, Mr. Emanuel. It’s about focusing so that
corded, by the way—included multiple but, someday, you’ll tell me why, but why he can never run again.
don’t you want to find? Mr. SCHUMER. To remove him from ever
attorneys and others on the call. Let We can go through signature verification, running for office again.
me point out the very obvious fact that and we’ll find hundreds of thousands of sig- Mr. POCAN. To never be able to run for of-
the House managers ignored. The pri- natures, and you could let us do it, and the fice again.
vate call that was made public by oth- only way you can do it, as you know, is to go Ms. KLOBUCHAR. To ban former Presi-
ers cannot really be the basis to claim to the past, but you didn’t do that in Cobb dent Trump from running again.
that the President intended to incite a County. You just looked at one page com- Mr. GREEN of Texas. If we don’t impeach
riot, because he did not publicly dis- pared to another. The only way you could do this President, he will get reelected.
close the contents of the call. a signature verification is to go from one Mr. Counsel CASTOR. The goal is to
that’s signed on November ‘‘whatever,’’ re-
How could he have hoped to use this eliminate a political opponent, to sub-
cently, and compare it to 2 years ago, 4 years
call to invite his followers if he had no ago, 6 years ago, you know, or even 1, and stitute their judgment for the will of
intent to make the conversation public you’ll find that you have many different sig- the voters.
and, indeed, had nothing to do with its natures, but in Fulton, where they dumped Members of the Senate, our country
being secretly recorded? ballots, you will find that you have many needs to get back to work. I know that
The House managers told you that that aren’t even signed and that you have you know that, but, instead, we are
the President demanded that the Geor- many forgeries. here. The majority party promised to
gia secretary of state ‘‘find’’ just over Mr. Trump continued to use the word unify and deliver more COVID relief,
11,000 votes. The word ‘‘find,’’ like so ‘‘find’’ throughout the conversation, but, instead, they did this. We will not
many others the House managers high- each and every other time in the con- take most of our time today—us of the
dlhill on DSK120RN23PROD with SENATE
lighted, is taken completely out of con- text of his request that Mr. defense—in the hopes that you will
text. The word ‘‘find’’ did not come out Raffensperger undertake a review of take back these hours and use them to
of thin air. Based on an analysis of signature verifications and his con- get delivery of COVID relief to the
publicly available voter data that the cerns, generally, with ballot integrity American people.
ballot rejection rate in Georgia in 2016 and his reported electoral deficit. Here Let us be clear. This trial is about far
was approximately 6.42 percent and are a few examples. more than President Trump. It is about
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.035 S12FEPT1
S682 CONGRESSIONAL RECORD — SENATE February 12, 2021
silencing and banning the speech the The clerk will read it. made clear that these insurgents were
majority does not agree with. It is The legislative clerk read the ques- planning to carry weapons, including
about canceling 75 million Trump vot- tion as follows: guns, to target the Capitol itself. And
ers and criminalizing political view- Isn’t it the case that the violent attack yet Donald Trump, from January 5 to
points. and siege on the Capitol on January 6 would the morning of his speech, tweeted 34
That is what this trial is really not have happened if not for the conduct of times, urging his supporters to get
about. It is the only existential issue President Trump? ready to stop the steal.
before us. It asks for constitutional The PRESIDENT pro tempore. The He even, on the eve of the attack,
cancel culture to take over in the House managers have up to 5 minutes. warned us that it was coming. He
United States Senate. Mr. Manager CASTRO of Texas. Good warned us that thousands were de-
Are we going to allow canceling and afternoon, everybody. To answer your scending into DC and would not take it
banning and silencing to be sanctioned question very directly, Donald Trump anymore.
in this body? assembled the mob. He assembled the When they got here at the Save
To the Democrats, who view this as a mob, and he lit the flame. Everything America March, he told them again in
moment of opportunity, I urge you in- that followed was because of his doing, that speech exactly what to do. His
stead to look to the principles of free and although he could have imme- lawyer opened with:
expression and free speech. I hope, diately and forcibly intervened to stop Let’s have trial by combat.
truly, that the next time you are in the the violence, he never did. In other
minority, you don’t find yourself in That was Rudy Giuliani. And Donald
words, this violent, bloody insurrection
this position. Trump brought that message home. In
that occurred on January 6 would not
To the Republicans in this Chamber, fact, he praised Rudy Giuliani as a
have occurred but for President Trump.
I ask when you are next in the major- fighter, and President Trump used the
The evidence we presented in trial
ity, please resist what will be an over- words ‘‘fight’’ or ‘‘fighting’’ 20 times in
makes this absolutely clear. This at-
whelming temptation to do this very that speech.
tack, as we said, didn’t come from one
same thing to the opposing party. Remember, you have just told these
random speech, and it didn’t happen by
Members of the Senate, this con- people—these thousands of people—
accident, and that mob didn’t come out
cludes the formal defense of the 45th that somebody has stolen your elec-
of thin air.
President of the United States to the tion, your victory; you are not going to
Before the election, Donald Trump
Impeachment Article filed by the get the President that you love.
spread lie after lie about potential
House of Representatives. Senators, that is an incredibly com-
fraud—an election, remember, that
I understand that there is a proce- bustible situation when people are
hadn’t even happened yet. Months be-
dure in place for questions, and we armed and they have been saying that
fore the election took place, he was
await them; thereafter, we will close they are mad as hell and they are not
saying it was rigged and that it was
on behalf of President Trump. going to take it anymore.
going to be stolen. All of his supporters
Mr. President, we yield the balance He looked out to a sea of thousands,
believed that the only way he was
of our time. some wearing body armor, helmets,
going to lose is if the election was sto-
The PRESIDENT pro tempore. The holding sticks and flag poles, some of
len, if the election was rigged.
majority leader. And when he did lose, he spent week which they would later use to beat
f after week inciting his supporters to Capitol Police; and he told them that
believe that their votes had been stolen they could play by different rules—play
RECESS
and that the election was fraudulent by different rules. He even, at one
Mr. SCHUMER. Mr. President, I ask point, quite literally, pointed to the
unanimous consent that we take a 15- and it was their patriotic duty to fight
like hell to stop the steal and take Capitol as he told them to ‘‘fight like
minute recess. hell.’’
There being no objection, at 3:16 their country back.
And, remember, this is in the United After the attack, you know, we have
p.m., the Senate, sitting as a Court of shown clearly, well, that once the at-
Impeachment, recessed until 3:54 p.m.; States, where our vote is our voice.
You tell somebody that an election vic- tack began, insurgent after insurgent
whereupon the Senate reassembled made clear they were following the
when called to order by the President tory is being stolen from them, that is
a combustible situation. President’s orders. You saw us present
pro tempore. that evidence of the insurgents who
SENATORS’ QUESTIONS
And he gave them clear direction on
how to deal with that. were there that day who said: I came
The PRESIDENT pro tempore. The because the President asked me to
Senate will come to order. For example, on December 19, 18 days
prior to January 6, President Trump come. I was here at his invitation. You
Pursuant to the provisions of S. Res. saw that of the folks that were in the
47, the Senate has provided 4 hours dur- told them how and where to fight for
it. He first issued his call to action for Capitol that day.
ing which Senators may submit ques- The PRESIDENT pro tempore. The
tions in writing directed either January 6. This was a ‘‘save the date’’
sent 18 days before the event on Janu- time has expired.
through the managers on the part of Are there further questions?
the House of Representatives or coun- ary 6, and it wasn’t just a casual one-
off reference or a singular invitation. Mr. GRAHAM. Mr. President.
sel for the former President. The PRESIDENT pro tempore. Does
The majority leader. For the next 18 days, he directed all
of the rage he had incited to January 6; the Senator from South Carolina have
Mr. SCHUMER. Mr. President, I ask
and that was, for him, what he saw as a question?
unanimous consent that the answers
his last chance to stop the transfer of Mr. GRAHAM. Thank you very much,
within the 4-hour question period be
power, to stop from losing the Presi- Mr. President.
limited to 5 minutes each, and if the
dency. And he said things like, ‘‘Fight I send a question to the desk on be-
questions are directed to both parties,
to the death’’ and January 6 will be a half myself, Senators CRUZ, MARSHALL,
the times be equally divided; further-
‘‘wild’’ and ‘‘historic day.’’ And this and CRAMER to counsel.
more, that questions alternate sides
was working. They got the message. The PRESIDENT pro tempore. Sen-
proposing questions for as long as both
In the days leading to the attack, re- ator GRAHAM, for himself, Senator
sides have questions.
port after report, social media post CRUZ, Senator MARSHALL, and Senator
The PRESIDENT pro tempore. With-
after social media post, confirmed that CRAMER, submits a question to the
out objection, it is so ordered.
Mr. SCHUMER. Mr. President, I send these insurgents were planning armed counsel for Donald Trump.
dlhill on DSK120RN23PROD with SENATE
a question to the desk. violence, but they were planning it be- The clerk will read the question.
The PRESIDENT pro tempore. The cause he had been priming them, be- The legislative clerk read as follows:
Senator will submit it. cause he had been amping them up. Does a politician raising bail for rioters en-
The question from Senator SCHUMER That is why they were planning it. courage more rioting?
with Senator FEINSTEIN is directed to And these posts, confirmed by re- The PRESIDENT pro tempore. Coun-
the House managers. ports from the FBI and Capitol Police, sel has 5 minutes.
VerDate Sep 11 2014 03:27 Feb 13, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G12FE6.036 S12FEPT1
File and source
- File
- CREC_crec-2021-02-12_crec-2021-02-12-pt1-pgs667-3.pdf
- Size
- 377,930 bytes
- SHA-256
- a04124556d6c7bec94366c346f8769871654d74c48f5b6534bed160c6bdab840
- Original
- www.govinfo.gov