The dam breaks.

June 29, 2022

          Cassidy Hutchinson, senior advisor to Mark Meadows, testified before the January 6th Committee on Tuesday. Her testimony provided sufficient evidence to indict Trump for seditious conspiracy and made clear that Trump is an emotionally unstable person not fit to occupy the presidency. I urge you watch her testimony in its entirety (starting at the 5:30 mark): Select Committee | Testimony of Cassidy Hutchinson. A transcript of Cassidy Hutchinson’s testimony is here: NPR, Transcript of the sixth Jan. 6 committee hearing.

          Given the flood of reporting on her testimony, I will not attempt to repeat analysis readily available elsewhere. Instead, I will attempt to distill her testimony to its essence and possible consequences for Trump.

          The most important takeaway is that Trump and his enablers planned to use violence on January 6th to interrupt the count of electoral ballots. Trump should be indicted and convicted for seditious conspiracy.

Top level summary:

          Based on Hutchinson’s direct observations and reports provided to her by other presidential aides, it appears that Trump’s plan for January 6th was to use crowds of supporters to occupy federal buildings. Trump intended to use that disruption to barge into the House Chamber to interrupt the joint session of Congress to count the electoral ballots. Trump was warned that his intended course of action was criminal, but he continued on that course of action until the Secret Service refused to drive him to the Capitol because it was overrun with rioters.

Key testimony.

• Giuliani told Hutchinson that Trump intended to “go to the Capitol” on January 6th and that his presence would be “powerful.” Giuliani said, “He’s going to be with the members [of Congress]. He’s going to be with the senators. It will be great.”

• When Hutchinson asked Meadows about Giuliani’s statement, Meadows told Hutchison that, “Things might get real, real bad on January 6th.”

• When Giuliani was in the White House before January 6th, she heard references to “Proud Boys” and “Oath Keepers.”

• Trump, Meadows, and the Secret Service knew that members of the crowd assembling on the morning of January 6th possessed rifles, pistols, clubs, spears, and body armor.

• When the Secret Service seized weapons from members of the crowd passing through magnetometers entering the Ellipse to hear Trump’s speech, Trump told the Secret Service to “Take down the magnetometers. I don’t care that they have weapons; they aren’t here to hurt me.”

• Trump’s advisors strenuously objected to phrases in his speech to be given on the Ellipse for fear that they would incite a riot among armed protestors.

• Trump nonetheless urged the crowd to “fight” and to “march to the Capitol,” knowing that some among the protestors were armed.

• When the Secret Service tried to take Trump back to the White House, Trump said “I'm the f'ing president, take me up to the Capitol now.” Hutchison then related the following story told to her by Tony Ornato (Deputy Chief of Staff) and Bobby Engel (Secret Service):

•           The president reached up towards the front of the vehicle to grab at the steering wheel. Mr. Engel grabbed his arm, said, “Sir, you need to take your hand off the steering wheel. We're going back to the West Wing. We're not going to the Capitol.” Mr. Trump then used his free hand to lunge towards Bobby Engel. And Mr. — when Mr. Ornato had recounted this story to me, he had motioned towards his clavicles.

• [The Secret Service has released a statement saying it will respond “on the record” to the above testimony. Per reporting based on leaks from the Secret Service, the agency will say that Trump did not “assault” the agents or “lunge” to take control of the steering wheel—a “non-denial denial.”]

• When Mark Meadows was informed that the rioters were chanting, “Hang Mike Pence,” Meadows responded, “He thinks Mike deserves it. He doesn't think they're doing anything wrong.”

• In another instance, when Meadows was told that the Capitol was under attack by armed protestors, he did not respond. Hutchison asked him if he heard what was said, he looked up from his phone and said, “Alright. Anything else?”

• Trump resisted making a statement calling on rioters to leave the Capitol. Trump and Mark Meadows wanted to include a statement promising to pardon the rioters. Hutchison said, “He wanted to put in there [the speech] that he wanted to potentially pardon them.”

• Mark Meadows and Rudy Giuliani requested pardons for themselves after January 6th.

• Members of the cabinet, including Mike Pompeo, discussed invoking the 25th Amendment to remove Trump from office.

• Someone acting on behalf of Trump has attempted to persuade witnesses that they must “remain loyal” to Trump in order to remain in good standing in “Trumpworld.” These efforts constitute witness tampering and should be separately indicted.

Observations.

          Although Hutchinson’s testimony was new and shocking to Americans, many of the above facts were well known to Republican leaders who now claim that the violence on January 6th was a merely a protest that “got out of hand.” That revisionist history is part of the GOP’s continuing effort to cover up the attempted coup.

          Those same GOP leaders continue to support Trump as the leader of the Republican party knowing that he used violence to interrupt the electoral count. They were also witnesses to his violent emotional outbursts. They know he is unfit to serve as president, but they are cowards who are afraid of Trump.

          I believe it is likely that some GOP House members knew of and facilitated Trump’s plot to invade the House when Congress was counting electoral ballots. If so, they are co-conspirators in seditious conspiracy and should be prosecuted. Expect to see more evidence on this point in coming hearings.

          Cassidy Hutchinson is a 25-year-old aide who demonstrated judgment and courage that puts other Trump aides to shame—including Mark Meadows, Pat Cipollone, Kevin McCarthy, and Jim Jordan, who are hiding behind privilege to avoid testifying.

          Finally, the January 6th Committee has made it impossible for Merrick Garland to decline to prosecute Trump. The evidence is overwhelming, and the need is urgent. Failing to do so would be a dereliction of duty by Garland. It is time for him to act.

Concluding Thoughts.

          Over the weekend, five members of my family traveled to a wedding in New York. Although we followed our practice of wearing masks except when outdoors, two of us (including me) have tested positive for Covid, and others in my family are not feeling well. I feel like I have a bad cold but am doing everything you would expect to ensure my rapid recovery. Depending on how I feel, I may skip a day or two in publishing the newsletter or may send shorter newsletters. Thanks for your understanding.

          Talk to you soon!