Democrats lean on Ku Klux Klan Act to hold Trump and Giuliani accountable for Capitol riot

Posted on February 16, 2021 by Lauren Floyd

Republican enablers may have let former President Donald Trump get away with inciting a deadly Capitol riot, but his recent impeachment acquittal isn't squelching the seemingly endless and much-deserved flood of lawsuits against Trump. The NAACP, Rep. Bennie Thompson, of Mississippi, and the civil rights legal firm Cohen Milstein Sellers & Toll filed a suit against the former commander in chief Tuesday in federal court.

In the suit, the advocates allege that Trump, his personal attorney Rudy Giuliani, and the hate groups Proud Boys and Oath Keepers "conspired to incite" the march to the Capitol to disrupt “by the use of force, intimidation and threat,” Congress’ certification of President Joe Biden’s Electoral College victory. “The insurrection at the Capitol did not just spontaneously occur—it was the product of Donald Trump and Rudy Giuliani lies about the election,” Joe Sellers, a partner at Cohen Milstein said in a news release announcing the lawsuit. “With the Senate failing to hold the President accountable, we must use the full weight of the legal system to do so. The judicial system was an essential bulwark against the President during his time in office, and its role in protecting our democracy against future extremism is more important than ever.”

Trump urged the march to the Capitol during his Save America rally on January 6, and an insurrection that left Capitol police officer Brian Sicknick dead, reportedly hit with a fire extinguisher, followed. More than a dozen other police officers were injured; three people died in medical emergencies; and one rioter was shot and killed when she attempted to breach the Capitol.

Thompson, the NAACP, and Cohen Milstein Sellers & Toll cited the Ku Klux Klan Act of 1871 in their lawsuit, which is intended to “protect against conspiracies, through violence and intimidation, that sought to prevent Members of Congress from discharging their official duties.”

The legal team stated in the suit:

“The insurrection at the Capitol was a direct, intended, and foreseeable result of the Defendants’ unlawful conspiracy. It was instigated according to a common plan that the Defendants pursued since the election held in November 2020, culminating in an assembly denominated as the “Save America” rally held at the Ellipse in Washington, D.C. on January 6, 2021, during which Defendants Trump and Giuliani incited a crowd of thousands to descend upon the Capitol in order to prevent or delay through the use of force the counting of Electoral College votes. As part of this unified plan to prevent the counting of Electoral College votes, Defendants Proud Boys and Oath Keepers, through their leadership, acted in concert to spearhead the assault on the Capitol while the angry mob that Defendants Trump and Giuliani incited descended on the Capitol. The carefully orchestrated series of events that unfolded at the Save America rally and the storming of the Capitol was no accident or coincidence. It was the intended and foreseeable culmination of a carefully coordinated campaign to interfere with the legal process required to confirm the tally of votes cast in the Electoral College.”

The NAACP cited in its news release a segment of Giuliani’s remarks at the Save America rally last month. “If we’re right, a lot of them will go to jail. So let’s have trial by combat,” the unscrupulous attorney said. The NAACP also quoted the former president in its release. “So we are going to … walk down Pennsylvania Avenue… we’re … going to try and give them the kind of pride and boldness that they need to take back our country,” Trump said at the rally.

1 hour before MAGA stormed the Capitol: Trump: "We're going to walk down Pennsylvania Avenue... and we're going to the Capitol... we're going to try and give our Republicans ... the kind of pride and boldness that they need to take back our country." He specifically incited it. pic.twitter.com/ROoVictxqa
— Brent Black (@brentalfloss) January 6, 2021

NAACP President and CEO Derrick Johnson said in a statement that Trump needs to be held accountable both "for deliberately inciting and colluding with white supremacists to stage a coup" and for "his continuing efforts to disenfranchise African-American voters." “The insurrection was the culmination of a carefully orchestrated, months-long plan to destroy democracy, to block the results of a fair and democratic election, and to disenfranchise hundreds of thousands of African-American voters who cast valid ballots,” Johnson added. “Since our founding, the NAACP has gone to the courthouse to put an end to actions that discriminate against African-American voters. We are now bringing this case to continue our work to protect our democracy and make sure nothing like what happened on January 6th ever happens again.”

Thompson called January 6 "one of the most shameful days in our country’s history," and he added that "it was instigated by the President himself." “His gleeful support of violent white supremacists led to a breach of the Capitol that put my life, and that of my colleagues, in grave danger,” the congressman said. “It is by the slimmest of luck that the outcome was not deadlier.

“While the majority of Republicans in the Senate abdicated their responsibility to hold the President accountable, we must hold him accountable for the insurrection that he so blatantly planned,” he added. “Failure to do so will only invite this type of authoritarianism for the anti-democratic forces on the far right that are so intent on destroying our country.”

Rep. Thompson is also seeking punitive damages which is A+ trolling insofar as it may force Trump to admit he’s a broke ass. pic.twitter.com/vQY3IpWn2I
— ⚓️🚢Imani Gandy 🚢⚓️ (@AngryBlackLady) February 16, 2021

Hero Capitol police officer to receive highest honor Congress can bestow, Nancy Pelosi announces

Posted on February 12, 2021 (Updated February 12, 2021) by Lauren Floyd

Newly released security camera footage revealed that the Capitol police officer celebrated as a hero for diverting an angry mob away from legislators during the Jan. 6 insurrection also possibly saved the life of a specific legislator who didn’t realize he was in immediate danger. Sen. Mitt Romney didn't know he was approaching a white supremacist mob when he first encountered Officer Eugene Goodman in the hallway of the Capitol building, The Washington Post reported. Rep. Stacey Plaskett presented footage of the scene during the impeachment trial on Wednesday.

"You all may have seen footage of Officer Goodman previously, but there's more to his heroic story. In this security footage you can see Officer Goodman running to respond to the initial breach,” Plaskett said, narrating the footage. “Officer Goodman passes Senator Mitt Romney and directs him to turn around in order to get to safety. On the first floor just beneath them, the mob had already started to search for the Senate Chamber."

House Speaker Nancy Pelosi announced on Thursday that she’s introducing legislation to award Goodman and other officers who stood guard during the insurrection with a Congressional Gold Medal, the highest honor Congress can bestow, Pelosi said in a press release. “The service of the Capitol Police force that day brings honor to our Democracy, and their accepting this Gold Medal will bring luster to this award,” she said in the release.

Goodman initially attracted praise when HuffPost reporter Igor Bobic tweeted footage of the officer diverting insurrectionists on Jan. 6. It has since been viewed more than 10 million times. “Just now realizing how much of a close call it was in the Senate,” Bobic tweeted. He told Good Morning America that certifying electoral votes from the presidential election, the act that the terrorist mob was trying to interrupt, is normally a routine practice, but last month, “a commotion” and “yelling” began during the process. "And I ran downstairs to the first floor of the Senate building, where I encountered this lone police officer courageously making a stand against the mob of 20 or so Trump supporters who breached the capitol itself and were trying to get upstairs,” Bobic said.

Here’s the scary moment when protesters initially got into the building from the first floor and made their way outside Senate chamber. pic.twitter.com/CfVIBsgywK
— Igor Bobic (@igorbobic) January 6, 2021

Goodman, with no gun in hand and no tactical gear, pushed the mob leader in an effort to bait him and ran in the opposite direction of the Senate Chamber. “They were yelling ‘Traitors. We want justice. This is our America. If we don’t stop this now, we won’t get justice. Trump won,’” Bobic told Good Morning America. At times, the insurrectionists chased Goodman slowly.

“Officer Eugene Goodman’s heroic actions on Jan 6th saved countless lives & prevented a violent mob from breaching the Senate Chamber,” Democratic Rep. Frank Pallone Jr. tweeted Wednesday. “We all owe him a debt of gratitude.”

Officer Eugene Goodman's heroic actions on Jan 6th saved countless lives & prevented a violent mob from breaching the Senate Chamber. Officer Goodman should be awarded the Congressional Gold Medal in recognition of his bravery & service. We all owe him a debt of gratitude. https://t.co/CMyoXB2uqj
— Rep. Frank Pallone (@FrankPallone) February 11, 2021

Read Pelosi’s complete letter:

"This week has been an historic one for the Country and the Congress. We have been reminded of the extraordinary valor of the United States Capitol Police, the men and women who risked and gave their lives to save ours, becoming martyrs for our democracy.

The outstanding heroism and patriotism of our heroes deserve and demand our deepest appreciation, which is why I am honored to introduce legislation to pay tribute to the Capitol Police and other law enforcement personnel who protected the U.S. Capitol on January 6 with the Congressional Gold Medal: the highest honor that the Congress can bestow. The service of the Capitol Police force that day brings honor to our Democracy, and their accepting this Gold Medal will bring luster to this award. A draft of this legislation is attached.

We must never forget the sacrifice of Officer Brian Sicknick, Officer Howard Liebengood, MPD Officer Jeffrey Smith and the more than 140 law enforcement officers who sustained physical injuries, or the courage of heroes such as Officer Eugene Goodman. Indeed, we must stay vigilant against the “silent artillery of time,” as President Lincoln stated in his Lyceum Address – a speech that, fittingly, warned of the dire threat that mob insurrectionists could represent to our Democracy: “If [danger] ever reach us it must spring up amongst us; it cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher." We promised the families that we will never forget.”

‘Six people died’: More than 350 congressional staff members urge Senate to convict Trump

Posted on February 5, 2021 (Updated February 5, 2021) by Lauren Floyd

More than 350 congressional staff members signed an open letter Wednesday to the Senate, urging legislators to convict former President Donald Trump for inciting an attack on the U.S. Capitol on Jan. 6. “As Congressional employees, we don’t have a vote on whether to convict Donald J. Trump for his role in inciting the violent attack at the Capitol, but our Senators do,” the staffers said in the letter. “And for our sake, and the sake of the country, we ask that they vote to convict the former president and bar him from ever holding office again.” Trump called for his supporters to march to the Capitol to block Congress from certifying President Joe Biden’s Electoral College victory last month. “We will never give up,” he said at a Save America rally in Washington, D.C. “We will never concede. It doesn't happen. You don't concede when there's theft involved. Our country has had enough. We will not take it anymore, and that is what this is all about.”

With those words, he effectively ended a 230-year tradition of peaceful transitions of power, the congressional staffers pointed out. “Six people died. A Capitol Police officer—one of our co-workers who guards and greets us every day—was beaten to death,” they said. “The attack on our workplace was inspired by lies told by the former president and others about the results of the election in a baseless, months-long effort to reject votes lawfully cast by the American people.”

Those who signed the letter represent more than 100 offices from the House, 15 from the Senate, and 10 committees, CNN reported. "No one should have to experience something like this in their place of work," an unnamed staff member told CNN before the letter was released. "And I think it's important to tell this part of the story, because it's not just members of Congress who come to work at the Capitol every day. And it's not just staffers who work at the Capitol who were traumatized by what happened. And I think that is a piece of it.

“The trauma is there; the trauma is very real. And anytime that new pieces of information come out, you know, you're kind of re-traumatized.”

Read the workers’ complete letter below:

“We are staff who work for members of the U.S. Senate and the U.S. House of Representatives, where it is our honor and privilege to serve our country and our fellow Americans. We write this letter to share our own views and experiences, not the views of our employers. But on January 6, 2021, our workplace was attacked by a violent mob trying to stop the electoral college vote count. That mob was incited by former president Donald J. Trump and his political allies, some of whom we pass every day in the hallways at work.

Many of us attended school in the post-Columbine era and were trained to respond to active shooter situations in our classrooms. As the mob smashed through Capitol Police barricades, broke doors and windows, and charged into the Capitol with body armor and weapons, many of us hid behind chairs and under desks or barricaded ourselves in offices. Others watched on TV and frantically tried to reach bosses and colleagues as they fled for their lives.

On January 6, the former President broke America’s 230-year legacy of the peaceful transition of power when he incited a mob to disrupt the counting of electoral college votes. Six people died. A Capitol Police officer—one of our co-workers who guards and greets us every day—was beaten to death. The attack on our workplace was inspired by lies told by the former president and others about the results of the election in a baseless, months-long effort to reject votes lawfully cast by the American people.

Our Constitution only works when we believe in it and defend it. It’s a shared commitment to equal justice, the rule of law, and the peaceful resolution of our differences. Any person who doesn’t share these beliefs has no place representing the American people, now or in the future. The use of violence and lies to overturn an election is not worthy of debate. Either you stand with the republic or against it.

As Congressional employees, we don’t have a vote on whether to convict Donald J. Trump for his role in inciting the violent attack at the Capitol, but our Senators do. And for our sake, and the sake of the country, we ask that they vote to convict the former president and bar him from ever holding office again.”

As Trump’s legal team respectfully resigns, his supporters join Dems in blaming him for Capitol riot

Posted on January 31, 2021 by Lauren Floyd

Former President Donald Trump is apparently having some trouble finding legal representation in his upcoming impeachment trial. All five lawyers, including former federal litigators and Trump’s anticipated lead attorneys Butch Bowers and Deborah Barbier, have quit less than two weeks before the trial is scheduled to begin the week of February 8, unnamed sources told CNN. Other attorneys with the good sense to distance themselves from Trump include South Carolina lawyers Johnny Gasser and Greg Harris and Josh Howard, a North Carolina attorney who worked on the Monica Lewinsky investigation during former President Bill Clinton's time in office, CNN reported.

"A person familiar with the situation called it a ‘mutual" decision,’ New York Times correspondent Maggie Haberman tweeted Saturday. "Bowers has been noticeably muted for someone leading a Trump defense, choosing not to talk to most reporters. The person familiar with the situation said there was no chemistry between Bowers and Trump."

Bowers has been noticeably muted for someone leading a Trump defense, choosing not to talk to most reporters. The person familiar with the situation said there was no chemistry between Bowers and Trump.
— Maggie Haberman (@maggieNYT) January 31, 2021

The legal team’s decision to leave reportedly boiled down to a disagreement about legal strategy in the case, with Trump wanting them to argue the clearly unwinnable case that he's a victim of mass election fraud. The reality TV star’s better case is that impeaching a former president is unconstitutional, but even that is a toss-up considering it’s not actually mentioned in the constitution, legal scholars told various news agencies. Trump’s team—and by team, I mean the few remaining people linked to his presidency who aren’t desperately trying to distance themselves from him—is clutching to the constitutionality argument.

"The Democrats' efforts to impeach a president who has already left office is totally unconstitutional and so bad for our country,” Trump’s former campaign adviser Jason Miller told CNN. “In fact, 45 Senators have already voted that it is unconstitutional. We have done much work, but have not made a final decision on our legal team, which will be made shortly."

Despite GOP sentiments these days that impeaching a former president is unconstitutional, Rep. Matt Gaetz argued the exact opposite point on Twitter Dec. 4, 2019, when Trump suggested former President Barack Obama should be impeached for his stance on healthcare. “You actually can impeach a former President, FWIW”, Gaetz tweeted.

Republican Sen. Tom Cotton said in a statement The Washington Post obtained that the Senate “lacks constitutional authority to conduct impeachment proceedings against a former president.” “The Founders designed the impeachment process as a way to remove officeholders from public office — not an inquest against private citizens,” Cotton said.

The Post’s fact-checking team, however, gave a less definitive analysis:

“Some argue it’s impossible to impeach former officials. Some say it’s possible — if Congress wants to ban them from holding federal office again. One scholar said a definitive answer would come only after a court battle on these issues.

For now, no court appears to have ruled on this question, the text of the Constitution doesn’t spell out the answer, and past practice in Congress is an inconclusive guide.”

What’s more conclusive is just how much damage Trump did when he made repeated claims of widespread election fraud then challenged his supporters to block Congress from certifying President Joe Biden’s Electoral College victory. “We will never give up. “We will never concede. It doesn't happen,” Trump said at the Save America rally before the riot at the Capitol. “You don't concede when there's theft involved. Our country has had enough. We will not take it anymore, and that is what this is all about.”

Ten House Republicans joined 222 Democrats in a vote to impeach Trump on January 13, and as it turns out, even supporters of the former president who are charged in connection to the Capitol riot are now arguing Trump made them do it, CNN reported. Jacob Anthony Chansley otherwise known as the “QAnon shaman” who appeared horned, shirtless, and draped in bearskin during the riot, said through an attorney that he was "duped" by Trump, according to CNN. Chansley was arrested earlier this month on federal charges of “knowingly entering or remaining in any restricted building or grounds without lawful authority” and violent entry, and disorderly conduct on Capitol grounds.

"You become very self-interested very quickly when you've been charged by the Department of Justice," Elie Honig, a former federal litigator and CNN analyst, said on the news network. "Whatever political mission these people thought they were on while invading the Capitol, now that they might get locked up, they'll point the finger wherever they need to. Political goals now go out the window."

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