Of his constituents. All in starts right now. Good evening from new york. Ve im chris hayes. Tonight, congress has taken a big step Forward Holding accountable those Responsible St For The January 6th attack on the capitol. Speaker out house nancy pelosi announced her intent to set up an official investigation into a the events of that day. Writing in a letter to democratic caucus, quote, it is clear that we need to establish a 9 11type commission to examine and report upon the facts, causes the security 9 relating to the Terrorist Mob Attack on january 6. Today the senate received the n first legal filings for the firstever second impeachment of a president of the United States. The house Impeachment Managers released this 80page trial memo former president for inciting insurrection. Theyre clear many what he did and deserves to be convicted writing that the nation will remember and President TrumpSingular Responsibility for thaa tragedy. It is impossible to imagine the events of january 6th occurring without President Trump creating a powder keg, striking a match and then seeking personal advantage from the havoc. Eg Impeachment Managers lay out the effect that trumps words and actions had in the lead up to that crucial date. He spent the weeks preceding the rally doing everything in Husband Power to persuade the w vote could be stolen away in the joint Session Of Congress. That is, unless they somehow stopped it by making plans to fight like hell and fight to the death against this Act Of War By Radical Left Democrats and the weak rino section of the Republican Party. It was clear that President Trump was urging, approving and celebrating violence. Sele answering to the president s call to mobilize thousands arrived in washington for the purpose of aggressively championed by the president to do anything necessary to stop the joint Session Of Congress from finalizing the election th results. Om they describe how that mobilization of the president s supporters happened in plain sight online. It was widely discussed on id websites such as the donald. Win and closely monitored by President Trumps social media operation. El these sites hosted hundreds of posts about plans for the attack on the capitol with detailed discussions of weaponry, directions to tunnels and arrest the traitors. One poster stated, if congress illegally certifies biden trump would have absolutely no choice but to demand us to Storm Congress and kill beat them up p for it. Then when the day arrived the former president took to the stage to directly incite the crowds. The words said there like if we dont fight like hell you wonto have a country anymore and inviting them to go to the capitol are pretty squarely within the definition of incitement. Impeachment managers explain those that had come to the rally looking for a signal from the president found it in his remarks. Rather than quell the crowds, urge peaceful demonstration or promise to carry on the fight n over the years to come, the overwhelming thrust of presidena trumps remarks, delivered to an armed, angry crowd widely known to be prepared for violence on his behalf was a militaristic demand to fight to stop what was occurring in the capitol at tha very moment. The crowd, of course, went to the capitol just as the president directed them to, invited them to, told them to, with weapons and gas masks and bulletproof vests and zip ties where they chanted hang mike pence and proudly proclaimed they were doing President Trumps bidding. One told Police Officers he came as a group of patriots at the request of the president. In Livestream Video from the capitol, another declared our president wants us here. We wait and take orders from our president. The key point Impeachment Managers are making here is that it is impossible, impossible to conceive of this event and the chain of events that led to it without donald trump behaving the way he did. Its all him. Hes at the center of the thing. He is the but for cause for all of it. Donald trump was the one who pushed the liehe about election fraud, used every tool in the disposal to try to overturn the election. To donald trump kept lying to his supporters and urging them on. Donald trump is the one that mp convinced them to see january 6th as the last desperate chance and donald trump was the one who invited them to come to washington, d. C. Donald trump was the one that told them it would be wild, and then whipped the crowd into a frenzy. At every stage Impeachment Managers argue President Trumps responsibility for the events of january 6th is unmistakable. S then theres the former president s weak, weird, counter brief from the brand new legal r team just 14 pages long starting with the Signature Characteristic of nearly all trump documents, a typo within the first few lines. Its weird they keep doing that. The former president s lawyers go on to make the tortured sounded arguments in the very strange construction. Take a listen to this. It is denied the 45th President engaged in insurrection or Aris Rebellion against the united eng states. Some of their arguments say he is no longer the president and articles of impeachment violates the right to free speech. But when it comes to the crux of che issue, right, that the president , former president pushed this lie and sought in e, public and in private to overturn a democratic election, the best his lawyers can muster is this incredible Statement Fod the ages. Insufficient evidence exists upon which a reasonable jurist could conclude that the 45th President s statements were accurate or not and he therefore denies they were false. I want to bring in two people well versed. Jill winebanks and a professor of fordham law school, author of the peoples courts. Jed, maybe ill start with you because youve been writing specifically about this. Theres lots of weird circumlocutions that you would quote in the law. Its a bizarre document to defend the president and particularly on this specific factual claim which it talks around about 720 degrees and never actually comes down on. So it is it seems more like a draft of a brief or an outline of a brief. It is written in a very strange way in terms of i encourage people to look at these two documents. The other one is the President Trumps brief has a lot of assertions and it is very circumlocutious and it doesnt really have a lot of facts to refute so it doesnt let me identify a key brief in the house brief that doesnt get o addressed at all in the br president s brief at all. It is the i think a key point is Dereliction Of Duty. Its challenging to say incitement without the backlash of the law. Right. This backfires if we criminalize speech and the key difference is two things. This is not a criminal trial. Right . This is a civil proceeding under impeachment but i think its also a different burden of ighe proof. If it is not beyond a reasonable t doubt. I think that the key question is what did president do was breaking out and this is where i think the house brief ih strong. Yeah. Is that it lays out that Dereliction Of Duty and the president s team, President Trumps team offers no response to those facts. T its such a good point and, jill, one of the most parts of the actions on that day is the reporting we have and some of the facts that are in the Impeachment Managers brief that while its happening on tv and we are all watching it, people are calling the white house, he is doing nothing. He is not taking steps, he is derelict in his duty and the Supreme Court has made clear the First Amendment does not shield Public Officials that occupy py positions from adverse actions. And in this case, that seems clearly applicable. It definitely does. This is a case where the proximate cause of what happenea was his remarks on the mall and his instructions to march to the capitol. But its proceeded by a Meeting On January 5th that we need more evidence about but which seems very, very damning to him. And by funding of the Rally Organizers thate we also need more information about and by months of lies about fraud in the election. Both before the election happened he said its going to behe rigged. And then afterwards he said it was stolen from me. So he set the stage for what could only be determined to be violence, to take back the th government that he says had been stolen from his control. And that makes him guilty. And no matter what your definition of First Amendment rights are it doesnt include an ability to say go and attack the capitol. Fight like hell. At o they do address that one fact, d but they claim that he was c saying you have to fight for election security. Yes. That is such a stretch that it is ridiculous. Jim neil from the watergate s case, the Senior Lawyer on the trial, used to say its like trying to stuff 50 pounds of garbage into a 5pound bag. And thats what this is. There is no excuse for this. The point, the sort of constitutional question is very clear to me that republicans would like to just wriggle out of this On Process Grounds if at all possible. They dont want to deal with it. They cant tell you what happened on january 6th. D o thats over. It is whatever happened. Jed, the point about the former officials, i thought this citation was interesting and ive seen a bunch of people say this. When the founders were drafting this that in england the parliament impeached two men in the 18th century, both former officers. That it was clearly understood at the time that impeachment extended to former officers and then it happened in the u. S. As well. First, this is a very important point that in the federalist papers Hamilton Sayso we are drawing from this Impeachment Practice from england. Only two impeachments in the 18th century. One was a former official for bribery in 1725. The other happened in the summer of 1787 while they they refea to it and thats warren hastings, the governor of india, and thats part of the background. The house brief cites a piece i wrote called an Originalist Case for impeaching expresident s citing the debates from july from this d same time. I am concerned, though, that there it is not just process. There is a stretch of the word incitement i hope the trial is more precise and careful about. Yeah. Ci incitement is a hard one in any court and in some ways here it is only part of a larger conspiracy but that is the charge as presented. Jill and jed, thank you both. Want to bring in one of the Impeachment Jurors that witnessed the events donald trump is being impeached over. Th senator Sheldon Whitehouse of rhode island. Sh let me start with this. How much mental space is this trial occupying a u. S. Senate that is as busy as its been in a very long time . I dont think a great deal. Once the presentations are made, they will obviously have our full attention and they should. But i think that some of us feen going into this a little bit to like we did going into the previous impeachment that a lot of the republicans have already made up their mind, they made a political decision about how this is going to turn out and the evidence and the presentation by the house ti managers will not change their point of view. So well have to see. I think theres curiosity as to how this plays out given that it was personal for so many of us and such a humiliation for our country to have the capitol ransacked this way. But i think the real effort will begin when the trial begins. In terms of the trial, this was not, you know we do not have a complete factual record. As i sit here talking to you, senator, a Capitol Police officer, officer sicknick, lost his life, and you and i both unless im missing something have no idea how he died. In whose hands, what context, what happened, who the perpetrators might be, whether theres a search for them, whether theyve been identified on videotape. Thats just one of the many, many factual holes in the question of what happened that day. Ac i wonder how much you want to learn about that, think the trial is a venue for that or the commission that the speaker talked about today. You know, it is the old mapmakers dilemma of the detail on the segment of the coast and could never finish the map as you dive down into the detail. D here the question is a very broad one did the president of the United States acquit the Constitutional Responsibilities when he sent a mob, an inflamed mob, up to the capitol for the purpose of their disrupting the orderly counting of the electoral votes, a direct assault led by the head of the Executive Branch against an ongoing operation within the legislative branch of government. And then once he knew it was under way, failing to take any steps foro a very long period time to stop it. And, indeed, according to testimony from the white house, information from theon white hoe i should, say, actually delighting in the prospect that he created this tumult and this turmoil. Tnd so thats a Pretty Simple question. Was he acting the way a president of the United States should act . T or was he violating separation of powers, inciting a riot and failing to discharge his duties of failing to defend and protect the constitution . You dont have to know who hit officer sicknick in the head with a Fire Extinguisher to know that donald trump failed in those duties. Yeah. Your understanding of the constitutional responsibility ti here is a point well taken. My journalistic instinct to know as much as we can about this and which is striking to me that we still dont. A al the point about responsibility that you make i guess the final question here is you said that most of your colleagues probably made up their mind or made a political d decision to made up their mind. I do wonder how much the personal experience of it matters. E well see. Well see. I think the house, if its opening pleading is any indication, it is going to put on a strong case and it is going to bring back memories and it is going to make people i think perhaps give a fresh thought to the politically comfortable position they may be in. Ont gi so i wouldnt rule it out at this point. Ou a lot of my colleagues are honorable people. I think theyre in a political pickle on this one. By the way, the things you point out we should figure that out. We should know a lot about all of this through the fbi investigation, we should know a lot about the role of our colleagues through the house and senate investigations. So im with you on making sure that at the end of the day we have a full understanding of the criminal activity that took place on january 6th. Senator Sheldon Whitehouse, thank you so much, sir. Thank you. Coming up, dr. Fauci on they race to vaccinate the country and the ongoing risks from the virus as it mutates. On dr. Fauci joins me live next. Dont go anywhere. Is possible with verzenio, the only one of its kind proven to help you live significantly longer when taken with fulvestrant, regardless of menopause. Verzenio fulvestrant is for hr , her2 Metastatic Breast Cancer that has progressed after hormone therapy. Diarrhea is common, may be severe, or cause dehydration or infection. At the first sign, call your doctor, start an antidiarrheal, and drink fluids. Before taking verzenio, tell your doctor about any fever, chills, or other signs of infection. Verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. 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