January 6 commission

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National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act
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Long titleAn Act to establish the National Commission to Investigate the January 6 riot on the United States Capitol Complex, and for other purposes
Enacted bythe 117th United States Congress
Number of co-sponsors1
Legislative history

The National Commission to Investigate the January 6 Attack on the United States Capitol Complex, known colloquially as the January 6 commission, was an unsuccessful proposal to create a commission that would have investigated the January 6 United States Capitol attack. On February 15, 2021, Speaker of the United States House of Representatives Nancy Pelosi announced that she planned to create a "9/11-type commission". [1] [2] The details were initially negotiated by Republican John Katko, and would have consisted of an equal number of Democrats and Republicans. [3] A bill forming the commission passed the House of Representatives on May 19, [4] with all Democrats and 35 Republicans voting in support of it. However, it was blocked by Senate Republicans on May 28, with 54 Senators voting in favor and 35 voting against, failing to clear the 60 votes needed to break a filibuster. [5]

Contents

After the bill establishing the commission failed, the House of Representatives created the United States House Select Committee on the January 6 Attack.

Background

January 6 attack on the United States Capitol

On January 6, 2021, an armed [6] mob of supporters of Donald Trump stormed the United States Capitol in Washington D.C., in an attempt to keep Trump in power even though he lost the 2020 presidential election to Joe Biden. At the time of the attack, the US Congress was counting the votes of the electoral college, the last step to formalize Biden's victory as the 46th president of the United States. Five people died either shortly before, during, or following the event: one was shot by Capitol Police, another died of a drug overdose, and three died of natural causes. [7] [8] Many people were injured, including 138 police officers. Four officers who responded to the attack died by suicide within seven months. [9] As of July 7,2022, monetary damages to the government and police forces caused by the attackers exceeded $2,700,000. [10]

Second impeachment of Donald Trump

A few days after the January 6 attack on the Capitol, the US House of Representatives filed one article of impeachment against Donald Trump, "incitement of insurrection". At the Senate impeachment trial on February 13, Trump was acquitted, the required two-thirds majority not being met.

Calls for formation

House Republican letter to Pelosi on the Capitol's security on January 6 2-15-2021 Letter to Speaker Pelosi re January 6th.pdf
House Republican letter to Pelosi on the Capitol's security on January 6

Senator Lindsey Graham said that "[they] need a 9/11 commission to find out what happened and make sure it never happens again, and [he] want[s] to make sure that the Capitol footprint can be better defended next time." Senator Chris Coons agreed with this statement. [11]

On February 15, 2021, Nancy Pelosi announced, in a letter to Democrats in the House of Representatives, she planned to create a "9/11-type commission" to investigate the January 6 attack on the US Capitol. [1] [2] It would have contained no members of Congress and been an "outside commission" [1] In the letter, she said that

... [their] next step will be to establish an outside, independent 9/11-type commission to investigate and report on the facts and causes relating to the January 6, 2021, domestic terrorist attack upon the United States Capitol Complex ... and relating to the interference with the peaceful transfer of power, including facts and causes relating to the preparedness and response of the United States Capitol Police and other Federal, State, and local law enforcement in the National Capitol Region. [1] [12]

Format

Priorities

The priorities would have been to "investigate and report on the facts and causes relating to the January 6, 2021 domestic terrorist attack upon the United States Capitol Complex… and relating to the interference with the peaceful transfer of power, including facts and causes relating to the preparedness and response of the United States Capitol Police and other Federal, State, and local law enforcement in the National Capitol Region." [13]

Composition

Under the provisions of the bill, the commission would have been composed of ten members, outside of the federal government, appointed by congressional leaders. The four party leaders in Congress (Nancy Pelosi, Kevin McCarthy, Chuck Schumer, Mitch McConnell) would have each appointed two members, with Democratic leaders jointly appointing the chair and the Republican leaders jointly appointing the vice-chair. This would have allowed Democrats and Republicans to appoint equal number of members. [14]

The commissioners would have been tasked with filing a report by the end of 2021, and ending 60 days after that. [14]

House passage

The chairman of the House Homeland Security Committee, Bennie Thompson, and its Republican ranking member, John Katko, announced on May 14 that they had reached an agreement on the creation of the panel. Under the deal, the Commission would have been modeled after the 9/11 Commission; ten members, half chosen by Democrats (including the chair) and half chosen by Republicans (including the vice chair). Subpoenas could be issued upon approval of both the chair and vice-chair, and the Commission would have produced a final report by the end of the year. [15] Despite the deal, the leader of the House Republicans, Minority Leader Kevin McCarthy, opposed the bipartisan commission, [16] [17] coming out against its formation after the right-wing House Freedom Caucus and Trump opposed it. [18]

The House voted on a bill forming the commission, and it passed the House of Representatives on May 19. [4] Every Democrat, and 35 Republicans, supported it; other Republicans opposed. [18]

Defeated in the Senate

This legislation was ultimately blocked by Senate Republicans on May 28, with a vote of 54–35, [19] short of the 60 needed to clear the filibuster. Eleven senators were absent for the vote, composed of two Democrats and nine Republicans. [20] All present Democrats voted for the commission, along with Republicans Lisa Murkowski (R-AK), Rob Portman (R-OH), Mitt Romney (R-UT), Bill Cassidy (R-LA), Susan Collins (R-ME) and Ben Sasse (R-NE). All votes against were made by the other Republicans. [21]

Congressional viewpoints

Support in Congress

Senator Chuck Schumer promised that the House bill would receive a vote in the Senate, criticizing the minority leaders for bucking bipartisan negotiations. [22]

Just a week after the Capitol attack, House Republican Leader Kevin McCarthy had advocated for congressional action to form a commission, stating that "a fact-finding commission ... would be prudent." In subsequent negotiations the democrats’ proposal included three of the conditions McCarthy had requested. [23] Members of the Problem Solvers Caucus expressed support for the commission. [24] Republicans who voted to impeach Trump also expressed their support, such as Liz Cheney, Anthony Gonzalez, and Adam Kinzinger. [25]

Opposition in Congress

On May 19, 2021, House Republican Leader Kevin McCarthy retracted his earlier support, accusing Pelosi of negotiating in bad faith, and stated that the scope of the legislation needed to examine other instances of political violence. McCarthy thus opposed the agreement that the House Homeland Security chairman Bennie Thompson made with the vice chairman John Katko, and which the House approved on the same day as McCarthy announced opposition. [26]

Other Republicans also gave various reasons for opposing the commission, including:

On May 12 during a House Oversight Committee hearing, Arizona Representative Paul Gosar and Georgia Representative Jody Hice had asserted those who attacked the Capitol were "peaceful patriots". Gosar said one individual killed during the event, Trump supporter Ashli Babbitt, was "executed". Hice said it was "Trump supporters who lost their lives that day, not Trump supporters who were taking the lives of others." [29] [30] At the same hearing, Georgia representative Andrew Clyde downplayed the events saying "there was an undisciplined mob" but "to call it an insurrection in my opinion is a bold-faced lie." Because footage "showed people in an orderly fashion in between the stanchions and ropes taking pictures," Clyde said, "If you didn't know the footage was from January 6, you would actually think it was a normal tourist visit." [31]

Wisconsin Senator Ron Johnson met with Gladys Sicknick and Sandra Garza, mother and longtime girlfriend, respectively, of deceased Capitol officer Brian Sicknick, prior to his vote. Johnson had previously voiced opposition to the bill, and said he "respectfully disagree[d]" with the two following the meeting. [32]

Subsequent events

On June 8, the Senate released the results of its investigation of the riot. [33] [34] On June 24, Pelosi announced that the House would investigate these matters, and the United States House Select Committee on the January 6 Attack was formed on July 1.

See also

Related Research Articles

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Nancy Patricia Pelosi is an American politician who served as the 52nd speaker of the United States House of Representatives from 2007 to 2011 and again from 2019 to 2023. A member of the Democratic Party, she was the first woman elected as U.S. House Speaker and the first woman to lead a major political party in either chamber of Congress, leading the House Democrats from 2003 to 2023. A member of the House since 1987, Pelosi currently represents California's 11th congressional district, which includes most of San Francisco.

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<span class="mw-page-title-main">Kevin McCarthy</span> American politician (born 1965)

Kevin Owen McCarthy is an American politician who served as the 55th speaker of the United States House of Representatives from January to October 2023. A member of the Republican Party, he was the U.S. Representative for California's 20th congressional district from 2007 until his resignation in 2023.

<span class="mw-page-title-main">Adam Kinzinger</span> American politician (born 1978)

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<span class="mw-page-title-main">January 6 United States Capitol attack</span> 2021 attempt to prevent presidential electoral vote count

On January 6, 2021, the United States Capitol Building in Washington, D.C., was attacked by a mob of supporters of then-U.S. president Donald Trump, two months after his defeat in the 2020 presidential election. They sought to keep Trump in power by preventing a joint session of Congress from counting the Electoral College votes to formalize the victory of President-elect Joe Biden. The attack was ultimately unsuccessful in preventing the election results from being certified. According to the House select committee that investigated the incident, the attack was the culmination of a seven-part plan by Trump to overturn the election.

<span class="mw-page-title-main">Second impeachment of Donald Trump</span> 2021 US presidential impeachment

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<span class="mw-page-title-main">Death of Brian Sicknick</span> American police officer (1978–2021)

On January 7, 2021, a United States Capitol Police (USCP) officer, Brian Sicknick, died after suffering two strokes the day after he responded to an attack on the U.S. Capitol. The District of Columbia chief medical examiner found that Sicknick had died from stroke, classifying his death as natural and additionally commented that "all that transpired played a role in his condition", a decision which was criticized by some expert neurologists, who have stated that stress from the attack may have very well caused the stroke. His cremated remains were laid in honor in the Capitol Rotunda on February 2, 2021, before they were buried with full honors at Arlington National Cemetery.

<span class="mw-page-title-main">Timeline of the January 6 United States Capitol attack</span>

The following article is a broad timeline of the course of events surrounding the attack on the United States Capitol on January 6, 2021, by rioters supporting United States President Donald Trump's attempts to overturn his defeat in the 2020 presidential election. Pro-Trump rioters stormed the United States Capitol after assembling on the Ellipse of the Capitol complex for a rally headlined as the "Save America March".

<span class="mw-page-title-main">Second impeachment trial of Donald Trump</span> 2021 trial in the US Senate

The second impeachment trial of Donald Trump, the 45th president of the United States, began on February 9, 2021, and concluded with his acquittal on February 13. Donald Trump had been impeached for the second time by the House of Representatives on January 13, 2021. The House adopted one article of impeachment against Trump: incitement of insurrection. He is the only U.S. president and only federal official to be impeached twice. He was impeached by the House seven days prior to the expiration of his term and the inauguration of Joe Biden. Because he left office before the trial, this was the first impeachment trial of a former president. The article of impeachment addressed Trump's attempts to overturn the 2020 presidential election results and stated that Trump incited the attack on the Capitol in Washington, D.C., while Congress was convened to count the electoral votes and certify the victory of Joe Biden and Kamala Harris.

<span class="mw-page-title-main">Domestic reactions to the January 6 United States Capitol attack</span>

In the aftermath of the January 6 United States Capitol attack, after drawing widespread condemnation from the U.S. Congress, members of his administration, and the media, 45th U.S. President Donald Trump released a video-taped statement on January 7 to stop the resignations of his staff and the threats of impeachment or removal from office. In the statement, he condemned the violence at the U.S. Capitol, saying that "a new administration will be inaugurated", which was widely seen as a concession, and his "focus now turns to ensuring a smooth, orderly, and seamless transition of power" to the Joe Biden administration. Vanity Fair reported that Trump was at least partially convinced to make the statement by U.S. Senator Lindsey Graham (R-SC), who told Trump a sufficient number of Senate Republicans would support removing him from office unless he conceded. White House Press Secretary Kayleigh McEnany had attempted to distance the administration from the rioters' behavior in a televised statement earlier in the day. On January 9, The New York Times reported that Trump had told White House aides he regretted committing to an orderly transition of power and would never resign from office. In a March 25 interview on Fox News, Trump defended the Capitol attackers, saying they were patriots who posed "zero threat", and he criticized law enforcement for "persecuting" the rioters.

<span class="mw-page-title-main">Aftermath of the January 6 United States Capitol attack</span>

The January 6 United States Capitol attack was followed by political, legal, and social repercussions. The second impeachment of Donald Trump, who was charged for incitement of insurrection for his conduct, occurred on January 13. At the same time, Cabinet officials were pressured to invoke the 25th Amendment for removing Trump from office. Trump was subsequently acquitted in the Senate trial, which was held in February after Trump had already left office. The result was a 57–43 vote in favor of conviction, with every Democrat and seven Republicans voting to convict, but two-thirds of the Senate are required to convict. Many in the Trump administration resigned. Several large companies announced they were halting all political donations, and others have suspended funding the lawmakers who had objected to certifying Electoral College results. A bill was introduced to form an independent commission, similar to the 9/11 Commission, to investigate the events surrounding the attack; it passed the House but was blocked by Republicans in the Senate. The House then approved a House "select committee" to investigate the attack. In June, the Senate released the results of its own investigation of the attack. The event led to strong criticism of law enforcement agencies. Leading figures within the United States Capitol Police resigned. A large-scale criminal investigation was undertaken, with the Federal Bureau of Investigation (FBI) opening more than 1,200 case files. Federal law enforcement undertook a nationwide manhunt for the perpetrators, with arrests and indictments following within days. Over 890 people had been found guilty of federal crimes.

<span class="mw-page-title-main">Criminal proceedings in the January 6 United States Capitol attack</span> List of people charged with crimes

On January 6, 2021, supporters of then President Donald Trump attacked the U.S. Capitol Building, disrupting the joint session of Congress assembled to count electoral votes to formalize Joe Biden's victory in the 2020 United States Presidential Election. By the end of the month, the Federal Bureau of Investigation (FBI) had opened more than 400 case files and issued more than 500 subpoenas and search warrants related to the riot. The FBI also created a website to solicit tips from the public specifically related to the riot and were especially assisted by the crowdsourced sleuthing group Sedition Hunters. By the end of 2021, 725 people had been charged with federal crimes. That number rose to 1,000 by the second anniversary of the attack, and to 1,200 by the third anniversary, at which point over 890 people had been found guilty of federal crimes. These federal cases are handled by the U.S. Attorney's Office for the District of Columbia (D.C.). State cases, of which there are fewer, are handled in the D.C. Superior Court.

<span class="mw-page-title-main">Law enforcement response to the January 6 United States Capitol attack</span>

Law enforcement mounted a response to the January 6 United States Capitol attack, initially failing to maintain security perimeters and protect parts of the building from being breached and occupied, but succeeding at protecting members of Congress, and subsequently, as reinforcements arrived, to secure the breached Capitol.

<span class="mw-page-title-main">United States House Select Committee on the January 6 Attack</span> Bipartisan select committee of the U.S. House of Representatives

The United States House Select Committee to Investigate the January 6th Attack on the United States Capitol was a bipartisan select committee of the U.S. House of Representatives established to investigate the U.S. Capitol attack.

<span class="mw-page-title-main">Harry Dunn (police officer)</span> American police officer (born 1983)

Harry Anthony Dunn is an American author, political candidate, and former police officer. He served in the United States Capitol Police from 2008 to 2023. Dunn was one of many police officers present during the attack on the U.S. Capitol on January 6, and testified with his colleagues in front of the House Select Committee investigating the attack. His efforts during the attack earned him both the Congressional Gold Medal and Presidential Citizens Medal.

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