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EXECUTIVE SUMMARY
185
  1. (@realDonaldTrump), Twitter, Jan. 6, 2021 2:24 p.m. ET, available at https://www.thetrumparchive.com/?searchbox=%22didn’t+have+the+courage+to+do+what+should+have+been+done%22 (archived).
  1. See infra, Chapter 8.
  2. See supra, Executive Summary
  3. Select Committee to Investigate the January 6th Attack on the United States Capitol, Continued Interview of Cassidy Hutchinson, (June 20, 2022), p. 27.
  4. See Mariana Alfaro, “Trump Vows Pardons, Government Apology to Capitol Rioters if Elected,” Washington Post, (Sept. 1, 2022), available at https://www.washingtonpost.com/ national-security/2022/09/01/trump-jan-6-rioters-pardon/.
  5. Jordan Fischer, Eric Flack, and Stephanie Wilson, “Georgia Man Who Wanted to ‘Remove Some Craniums’ on January 6 Sentenced to More than 2 Years in Prison,” WUSA9, (Dec. 14, 2021), available at https://perma.cc/RSY2-J3RU.
  6. Dan Mangan, “Capitol Rioter Garret Miller Says He Was Following Trump’s Orders, Apologizes to AOC for Threat,” CNBC, (Jan. 25, 2021), available at https://www.cnbc.com/2021/01/25/capitol-riots-garret-miller-says-he-was-following-trumps-orders-apologizes-toaoc.html.
  7. Donald J. Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 6:01 p.m. ET, available at https://www.thetrumparchive.com/?searchbox=%22these+are+the+things+and+events%22 (archived).
  8. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Nicholas Luna, (Mar. 21, 2022), pp. 166–67.
  9. Donald J. Trump (@realDonaldTrump), Twitter, Jan. 6, 2021 6:01 p.m. ET, available at https://www.thetrumparchive.com/?searchbox=%22these+are+the+things+and+events%22 (archived).
  10. 18 U.S.C. § 372.
  11. See “Leader of Oath Keepers and Oath Keepers Member Found Guilty of Seditious Conspiracy and Other Charges Related to U.S. Capitol Breach,” Department of Justice, (Nov. 29, 2022), available at https://www.justice.gov/opa/pr/leader-oath-keepers-and-oathkeepers-member-found-guilty-seditious-conspiracy-and-other.
  12. 18 U.S.C. § 2384. To establish a violation of section 2384, the government must establish (1) a conspiracy, (2) to overthrow, put down, or destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof. See United States v. Khan, 461 F.3d 477, 487 (4th Cir. 2006).
  13. “Leader of Oath Keepers and Oath Keepers Member Found Guilty of Seditious Conspiracy and Other Charges Related to U.S. Capitol Breach,” Department of Justice, (Nov. 29, 2022), available at https://www.justice.gov/opa/pr/leader-oath-keepers-and-oath-keepersmember-found-guilty-seditious-conspiracy-and-other.
  14. “Leader of Proud Boys and Four Other Members Indicted in Federal Court for Seditious Conspiracy and Other Offenses Related to U.S. Capitol Breach,” Department of Justice, (June 6, 2022), available at https://www.justice.gov/opa/pr/leader-proud-boys-and-fourother-members-indicted-federal-court-seditious-conspiracy-and.
  15. See supra, Executive Summary.
  16. Brian Naylor, "Read Trump's Jan. 6 Speech, A Key Part of Impeachment Trial," NPR, (Feb. 10, 2021), available at https://www.npr.org/2021/02/10/966396848/read-trumps-jan-6-speecha-key-part-of-impeachment-trial.
  17. Kristen Holmes, “Trump Calls for the Termination of the Constitution in Truth Social Post,” CNN, (Dec. 4, 2022), available at https://www.cnn.com/2022/12/03/politics/trumpconstitution-truth-social/index.html.
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