During the televised House Jan. 6 Select Committee hearings in June and July, we learned from former members of the Trump administration, campaign staff and Republican state officials about how former President Donald Trump and allies conspired together to try to overthrow the legitimate results of the 2020 presidential election so he could unlawfully remain in power. The conspiracy involved a multifaceted attack. When one tactic faltered, Trump directly or, through or with the aid of his fellow conspirators, turned to another. These tactics included:
The spreading of the “big lie” of a stolen election and of numerous false accounts of massive election fraud, including dumped ballots, suitcases and truck loads of phony ballots and rigged voting machines.
The filing of 63 spurious lawsuits based on false claims but no evidence.
Pressure on elected officials in states like Pennsylvania, Georgia and Arizona to “come up with votes.”
Pressure on state legislative officials to submit false slates of Trump electors to send to Washington.
Pressure on the Department of Justice to seize voting machines and declare a finding of fraud in the election.
Pressure on Vice President Mike Pence to rig, stop or delay the official certification of the Electoral College votes as required by the Constitution and the Electoral Count Act.
Summoning to Washington on Jan. 6 a mob of armed thugs and sending them to the Capitol to use violence to stop, disrupt or delay the certification of the vote.
Deliberately failing for 187 minutes to call off the violent siege on the Capitol while calling congressional lawmakers to stop, delay and or vote against the certification without any legal basis whatsoever.
Perhaps most shocking were the revelations that the Jan. 6 attack was premeditated and to some extent orchestrated with two radical-right militia groups, the Proud Boys and Oath Keepers, and that Trump knew several members of the crowd were armed before sending them from the Ellipse to the Capitol. The fact Trump persisted in taking these steps despite being told numerous times by his legal counsel and others that there was no basis for his claim of mass election fraud and that some of these actions were in fact illegal, shows criminal intent.
Make no mistake: This was unequivocally a designed effort by Trump to thwart our democratic electoral process to halt the peaceful transfer of power as clearly prescribed by the U.S. Constitution and to retain it for himself no matter the cost to the nation in lives and the desecration of our nation’s Capitol. In so doing, Trump repeatedly violated his oath of office and committed several federal crimes including conspiracy, obstruction of justice and insurrection. The Department of Justice must prosecute him and his fellow conspirators and, if convicted, they should be sentenced and receive the harshest possible punishment.
We must face the terrible truth that, as a result of the plans and actions of Trump and his fellow conspirators, we came perilously close to the destruction of our democracy and usurpation of our government by a ruthless autocrat. If the perpetrators of this failed coup attempt are not held accountable for their actions, we will virtually be ensuring the destruction of our republic in the foreseeable, not-so-distant future by the same or similar bad actors.
John House is a retired attorney and activist for Indivisible Santa Fe, Fair Districts New Mexico and Declaration for American Democracy.
