WASHINGTON (AP) — The House Jan. 6 committee is shutting down, having completed a whirlwind 18-month investigation of the 2021 Capitol insurrection and having sent its work to the Justice Department along with a recommendation for prosecuting former President Donald Trump.
The committee’s time officially ends Tuesday when the new Republican-led House is sworn in. With many of the committee’s staff already departed, remaining aides have spent the last two weeks releasing many of the panel’s materials, including its 814-page final report, about 200 transcripts of witness interviews, and documents used to support its conclusions.
Lawmakers said they wanted to make their work public to underscore the seriousness of the attack and Trump’s multi-pronged effort to try to overturn the election.
“Accountability is now critical to thwart any other future scheme to overturn an election,” Chairman Bennie Thompson, D-Miss., and Vice Chairwoman Liz Cheney, R-Wyo., wrote in a departing message on Monday. “We have made a series of criminal referrals, and our system of Justice is responsible for what comes next.”
Some of the committee’s work — such as videotape of hundreds of witness interviews — will not be made public immediately. The committee is sending those videos and some other committee records to the National Archives, which by law would make them available in 50 years. Members of the committee said they didn’t release that videotape now because it would have been too difficult to edit it and redact sensitive information.
Incoming Republican leaders may try to get those materials much sooner, though. A provision in a package of proposed House rules released Sunday calls for the National Archives to transfer “any records related to the committee” back to the House no later than Jan. 17.
It is unclear whether the GOP-led House could enforce the provision and what they would do with the materials.
The committee’s conclusion comes after one of the most aggressive and wide-ranging congressional investigations in recent memory. The panel formally or informally interviewed more than 1,000 witnesses, collected more than 1 million documents and held 10 well-watched hearings. The two Republicans and seven Democrats on the panel were able to conduct the investigation with little interference after House Republican Leader Kevin McCarthy declined to appoint minority members, angry that House Speaker Nancy Pelosi had rejected two of his suggested appointments.
In the end, the panel came to a unanimous conclusion that Trump coordinated a “conspiracy” on multiple levels, pressuring states, federal officials and lawmakers to try to overturn his defeat, and inspired a violent mob of supporters to attack the Capitol and interrupt the certification of President Joe Biden’s win. The panel recommended that the Justice Department prosecute Trump on four crimes, including aiding an insurrection.
While a so-called criminal referral has no real legal standing, it is a forceful statement by the committee and adds to political pressure already on Attorney General Merrick Garland and special counsel Jack Smith, who is conducting an investigation into Jan. 6 and Trump’s actions.
“This is the most intense investigation I’ve been involved in,” said California Rep. Zoe Lofgren, who has been in the House for almost three decades and served as an aide to a member on the House Judiciary Committee in the 1970s when Congress was preparing to impeach then-President Richard Nixon. Lofgren was also in the House for former President Bill Clinton’s impeachment and served as an impeachment manager during Trump’s first impeachment three years ago.
“I have never been involved in anything as wide ranging and intense,” Lofgren said.
She said that at the beginning of the probe, she felt it would be a success if there was a renewed enthusiasm for protecting democracy. In the November midterm elections, 44% of voters said the future of democracy was their primary consideration at the polls, according to AP VoteCast, a national survey of the electorate.
Lofgren said she believes the committee made clear that Trump was responsible for the insurrection and “it was not done at the last minute.”
“I think we proved that and we sent it all to the Department of Justice,” Lofgren said. “We’ll see what they do.”
Jan. 6 takeaways: Final revelations from investigation
WASHINGTON (AP) — Destroyed documents. Suggestions of pardoning violent rioters. Quiet talks among cabinet officials about whether then-President Donald Trump should be removed from office.
Interview transcripts released by House investigators in recent days — more than 100 so far — give further insight into the Jan. 6, 2021, insurrection and the weeks leading up to it, as Trump tried to overturn his defeat in the presidential election. The nine-member committee conducted more than 1,000 interviews, and the lawmakers are gradually releasing hundreds of transcripts after issuing a final report last week. The panel will dissolve on Tuesday when the new Republican-led House is sworn in.
While some of the witnesses were more forthcoming than others, the interviews altogether tell the full story of Trump’s unprecedented scheming, the bloody chaos of the attack on the Capitol and the fears of lawmakers and the Republican former president’s own aides as he tried to upend democracy and the popular will.
Some highlights from the interview transcripts released so far:
WHITE HOUSE AIDE TELLS ALL
Previously little-known White House aide Cassidy Hutchinson drew national attention when she testified in a surprise hearing this summer about Trump’s words and actions around the Jan. 6 attack — his rage after security thwarted his efforts to go to the Capitol that day with his supporters and how he knew that some of his supporters were armed.
The committee has so far released four of her closed-door interviews, revealing new details about what she said she observed in her time as an aide to then-White House chief of staff Mark Meadows. Among other revelations, Hutchinson told the committee she had seen Meadows burning documents in his office fireplace “roughly a dozen times” after the 2020 election.
She said she didn’t know what the documents were or whether they were items that legally should have been preserved. A spokesman for Meadows declined to comment.
Hutchinson also spoke at length about her moral struggles as she decided how much to disclose — even doing research on Watergate figures who similarly testified about working in President Richard Nixon’s White House.
“My character and my integrity mean more to me than anything,” Hutchinson says she decided, returning to the committee with a new lawyer in June after three previous interviews.
PARDONS FOR EVERYONE?
After the insurrection, Trump floated the idea of a blanket pardon for all participants, but the White House counsel at the time, Pat Cipollone, discouraged the idea, according to testimony from Johnny McEntee, an aide who served as director of the presidential personnel office and was interviewed by the panel in March.
Trump then asked about limiting pardons to only those people who entered the Capitol but who did not engage in violence, but that idea was also met with some pushback, McEntee recalled. He said Trump appeared persuaded by the advice and said he was not aware that the idea ever came up again.
Separately, McEntee said that Rep. Matt Gaetz, R-Fla., told him he was seeking a preemptive pardon from Trump as he faced a federal child sex trafficking investigation. Gaetz did not receive such a pardon and has not faced any charges in connection to the probe.
Hutchinson testified that Meadows’ office became so inundated with pardon requests at the end of Trump’s term that some turned to Trump’s son-in-law Jared Kushner to help facilitate.
THE 25TH AMENDMENT
The panel interviewed several of Trump’s Cabinet secretaries about discussions of invoking Section 4 of the 25th Amendment — the forceful removal of Trump from power by his own Cabinet. While some acknowledged it had been discussed, it appears that it was never a likely scenario.
Former Treasury Secretary Steven Mnuchin says he spoke fleetingly with then-Secretary of State Mike Pompeo about the idea after the insurrection.
“It came up very briefly in our conversation,” Mnuchin testified in July. “We both believed that the best outcome was a normal transition of power, which was working, and neither one of us contemplated in any serious format the 25th Amendment.”
Army Gen. Mark Milley, chairman of the Joint Chiefs of Staff, told the committee he witnessed a brief conversation between the two Cabinet secretaries in the White House and heard the phrase “25th Amendment.” His transcript has not yet been released, but investigators quoted Milley’s interview to both Pompeo and Mnuchin in their interviews.
Pompeo told the committee he didn’t recall the conversation. “I would have viewed someone speaking about the potential of invoking the 25th Amendment as just absolutely preposterous,” he said.
Vice President Mike Pence later dismissed the idea in a letter to House Speaker Nancy Pelosi, D-Calif., saying the mechanism should be reserved for when a president is medically or mentally incapacitated.
Pence chief of staff Marc Short told the panel he thought the talk was “a political game.” The process would have taken weeks to play out, he said, and Democrat Joe Biden was set to be inaugurated Jan. 20.
TRUMP FAMILY TESTIFIES
The committee interviewed two of the former president’s children, Donald Trump Jr. and Ivanka Trump, about their conversations with their father during the Jan. 6 attack and in the days before and after.
Trump Jr. did not answer many of the committee’s questions, frequently saying he did not recall events or conversations. He did explain why he texted Meadows the afternoon of Jan. 6, as the attack was unfolding, to say that his father needed to “condemn this s—” immediately and that Trump’s tweets had not been strong enough. “My father doesn’t text,” Trump Jr. said.
Ivanka Trump, who was in the White House with her father on Jan. 6, was also vague in many of her answers. She spoke with the committee about working with her father to write his tweets that day, encouraging him to make a strong statement as the rioters broke into the Capitol. And she testified that she heard Trump’s side of a “heated” phone call with Pence that morning as her father tried to encourage Pence to object to the congressional certification that day. Pence refused to do so.
She also testified that she received a call and a text from Republican Sen. Susan Collins of Maine, who was in the Capitol as it was under siege. Collins told her that “the president needs to put out a very strong tweet telling people to go home and to stop the violence now.”
‘GIVE ME FIVE DEAD VOTERS’
Trump lawyer Christina Bobb testified that Republican Sen. Lindsey Graham of South Carolina, a top ally of Trump, asked some of the former president’s advisers for evidence of fraud so he could “champion” it after the election. Trump falsely claimed there had been widespread fraud, despite court rulings and election officials in all 50 states who said otherwise.
Graham told lawyers he would love to support the cause.
“Don’t tell me everything because it’s too overwhelming,” Bobb quotes Graham as saying. “Just give me five dead voters; give me, you know, an example of illegals voting. Just give me a very small snapshot that I can take and champion.”
He did nothing with the information he was given, Bobb said. Graham voted on Jan. 6 to certify Biden’s presidential election win.
NATIONAL GUARD FRUSTRATION
The mob that stormed the Capitol would have faced a much harsher law enforcement response had it been comprised mostly of African Americans, testified retired Army Maj. Gen. William Walker, who led the D.C. National Guard at the time. Walker is now the House sergeant at arms.
“I’m African American. Child of the sixties,” Walker testified. “I think it would have been a vastly different response if those were African Americans trying to breach the Capitol. As a career law enforcement officer, part-time soldier … the law enforcement response would have been different.”
The National Guard didn’t arrive at the Capitol for several hours, leaving overwhelmed police officers at the mercy of the violent mob as Pentagon officials said they were sorting out the necessary approvals. More than 100 officers were injured, many seriously, as Trump’s supporters beat them and ran over them to get inside.
Walker expressed deep frustration with the delays and says he even considered breaking the chain of command and sending the troops with authorization. Lawyers advised him strongly not to do so, he said.
He said he didn’t think the holdup was because the insurrectionists were mostly white.
“I don’t think race was part of the military’s decision paralysis,” he said in his April interview, adding, “I think they just didn’t want to do it.”
EXTREMIST GROUP LEADERS
Proud Boys leader Enrique Tarrio asserted his 5th Amendment right against self-incrimination in response to some questions, with his attorney at times telling investigators his client did not belong to the extremist group, whose associates are now facing rare sedition charges in a federal case prosecuted by the Justice Department. But Tarrio himself told investigators he took the title of chairman.
Tarrio, who had been released from jail on the eve of the insurrection, wasn’t present for the attack. But prosecutors claim he kept command over the Proud Boys who attacked Congress and cheered them on from afar. Proud Boys were some of the first rioters to break through the Capitol perimeter.
He told the panel that the first degree of membership in the Proud Boys is “that you are a Western chauvinist” and that you “refuse to apologize for creating the modern world.”
Tarrio met Stewart Rhodes, the founder of the extremist group Oath Keepers, in a garage the night of Jan. 5, ahead of the attack. “I still don’t like Stewart Rhodes,” Tarrio said.
Rhodes, who was also interviewed by the panel, was convicted in November of seditious conspiracy for what prosecutors said was a plot for an armed rebellion to stop the transfer of presidential power. They said Rhodes rallied his followers to fight to defend Trump and discussed the prospect of a “bloody” civil war.
In his February testimony to the panel, Rhodes spoke at length about his views of the world but declined to answer any questions about his involvement on Jan. 6 and amassing weapons. He said he feels like a political prisoner.
“I feel like a Jew in Germany, frankly,” Rhodes told the committee.
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Associated Press writers Nomaan Merchant, Farnoush Amiri, Lisa Mascaro and Michael Balsamo contributed to this report.
