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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.

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“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
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                                                                                                                                                                      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




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                                                                     ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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                                             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




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                                               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:



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                                             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




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                                             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



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                                             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.



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                                             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.




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                                             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




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                                             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




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                                               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



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                                             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.




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                                               (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



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                                             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



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                                             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



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                                             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.




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                                             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



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                                             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



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                                             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.




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                                             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



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                                             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.



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