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Case 1:23-cr-00257-TSC
Document 1
Filed 08/01/23
Page 39 of 45

c. The Defendant also said that regular rules no longer applied, stating, “And fraud breaks up everything, doesn’t it? When you catch somebody in a fraud, you’re allowed to go by very different rules.”

d. Finally, after exhorting that “we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore,” the Defendant directed the people in front of him to head to the Capitol, suggested he was going with them, and told them to give Members of Congress “the kind of pride and boldness that they need to take back our country.”

105. During and after the Defendant’s remarks, thousands of people marched toward the Capitol.

The Defendant’s Exploitation of the Violence and Chaos at the Capitol

106. Shortly before 1:00 p.m., the Vice President issued a public statement explaining that his role as President of the Senate at the certification proceeding that was about to begin did not include “unilateral authority to determine which electoral votes should be counted and which should not.”

107. Before the Defendant had finished speaking, a crowd began to gather at the Capitol. Thereafter, a mass of people—including individuals who had traveled to Washington and to the Capitol at the Defendant’s direction—broke through barriers cordoning off the Capitol grounds and advanced on the building, including by violently attacking law enforcement officers trying to secure it.

108. The Defendant, who had returned to the White House after concluding his remarks, watched events at the Capitol unfold on the television in the dining room next to the Oval Office.

109. At 2:13 p.m., after more than an hour of steady, violent advancement, the crowd at the Capitol broke into the building.

110. Upon receiving news that individuals had breached the Capitol, the Defendant’s advisors told him that there was a riot there and that rioters had breached the building. When

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