News : Impeachment looms as fury grows over new details of Capitol attack

Monday, January 11, 2021

Impeachment looms as fury grows over new details of Capitol attack

Jan 11, 2021

With help from Melanie Zanona.

Democrats are weighing how to fast-track their plans to impeach President Donald Trump this week as new details, images and video further fuel the rage over the deadly domestic terrorist attack on the Capitol and those who enabled it.

Don't underestimate just how shaken members of Congress have been by last week's attack. Lawmakers had to flee the House and Senate chambers just minutes before the mob broke in, and now they're learning more about just how close we came to a much greater tragedy. They're furious, and they want answers and accountability. And it's not just Democrats who feel this way. Read on for more.

IMPEACH WEEK: It is not a matter of if House Democrats will try to remove Trump from office, but a matter of *how and when.*

As Speaker Nancy Pelosi made clear in a Sunday night Dear Colleague letter: "As the days go by, the horror of the ongoing assault on our democracy perpetrated by this President is intensified and so is the immediate need for action."

She also offered the following timeline:

-Monday: Majority Leader Steny Hoyer will request Unanimous Consent to bring up the resolution from Rep. Jamie Raskin (D-Md.), which calls on Vice President Mike Pence to initiate the 25th Amendment process to start removing Trump from office -- one Pence is already said to oppose.
-Tuesday: If there is no UC, then Raskin's resolution will be "brought up on the Floor."
-Then (precise day is unclear): If Pence doesn't act -- and they are calling on him to respond within 24 hours -- then Democrats say they will proceed with bringing impeachment to the House floor.

As my colleagues put it : "Pelosi issued Vice President Mike Pence an ultimatum on Sunday night — invoke the 25th Amendment to remove President Donald Trump in the coming days or Democrats will proceed this week with impeaching the president for an unprecedented second time."

One plan of action they're considering is the House impeaching Trump midweek, but then Pelosi would sit on the impeachment Article rather than sending it to the Senate right away so as to not immediately trigger a Senate trial. (The Senate, by the way, is in recess until Jan. 19 so...)

The reason behind this: This possible strategy is guided by the fear that an early Senate trial would derail the upper chamber from confirming President-elect Joe Biden's Cabinet nominations and early agenda, with House Whip Jim Clyburn (D-S.C.), a close ally of Biden, saying Democrats should give Biden "the 100 days he needs to get his agenda off and running."

Democrats are looking beyond just trying to impeach Trump; if he is convicted in the Senate by a two-thirds majority (a big lift in a split Senate), then they have the option to vote on barring Trump from running for office ever again even after he leaves office. Democrats intend to iron out the details in a 2 p.m. caucus call this afternoon, as they deliberate their next steps.

As it stands, Rep. David Cicilline (D-R.I.) has 211 co-signers (plus several non-voting members) with more and more Democrats saying they will vote in favor of the bill, a source told your Huddle host. That means Democrats are nearing that threshold where they have enough votes to impeach Trump -- and that's without any GOP support. Sarah, Heather and Kyle with more on their impeachment plans: http://politi.co/2Lzq0no

GOP TEMPERATURE CHECK: Your Huddle host and Melanie spent our Sunday surveying a large swath of the GOP conference to see where they're leaning on the impeachment question. And here is what we can say: a handful of Republicans appear to be seriously weighing it, but are waiting to see what Dems actually do. We'd be surprised if there wasn't at least *one* GOP lawmaker who signs on.

Some of the members who we're keeping an eye on: Reps. Adam Kinzinger (Ill.), John Katko (N.Y.), Brian Fitzpatrick (Pa.), Fred Upton (R-Mich.), Liz Cheney (Wyo.), and Jaime Herrera Beutler (Wash.). And across the Capitol, we're looking at Sens. Pat Toomey (Pa.), Ben Sasse (Neb.), Mitt Romney (Utah), Lisa Murkowski (Alaska) and Susan Collins (Maine).

But it's worth noting: Among the Republicans who objected to the election challenges and are now on the fence about impeachment or have decided against it, no one seems to be saying Trump doesn't deserve to be impeached. But they are concerned about further dividing the country and putting more people's lives — including their own — at risk.

Rep. Ken Buck (Colo.) and a series of other House Republicans who opposed their GOP colleagues' anti-certification challenge wrote a letter Saturday to Biden, telling him impeaching Trump *again* with just a few days before he is out of office is "as unnecessary as it is inflammatory." The letter: https://bit.ly/3q8Loia

Censure, however, would have gained far more support in the GOP. Sources tell us that some Republicans had actually been pushing for this route and trying to get Joe Biden on board. They're also warning impeachment could destroy his reputation with Republicans. But censure is a non-starter with Dems, who see it as a slap on the wrist that would have essentially given the GOP an easy way out.

WE SHOULD have a better feel for things later today, when the House GOP conference holds its first meeting (via conference call) since the deadly riots. Expect that to be one very emotional and raw conversation. It will also be interesting to see how House Minority Leader Kevin McCarthy navigates things, knowing his conference is fiercely divided and angry right now, including at him (more on that in a bit).

Related read: Republicans wrestle over removing Trump, from The Hill's Alexander Bolton: http://bit.ly/2LnPtAi

HAPPENING THURSDAY - THE COVID-19 VACCINE ROLLOUT: What are the logistical challenges facing the coronavirus immunization campaign? Who is overseeing the process and working to overcome obstacles to ensure that vulnerable groups have access to the vaccine? Join POLITICO for a virtual discussion on the outgoing Trump administration's plan to prioritize lower-income, rural, and communities of color for vaccine distribution and what the Biden administration can do to streamline plans and fill in any gaps. REGISTER HERE.

GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Jan. 11, where your Huddle host appreciates the effort to restore the image of the People's House from these lawmakers.

FRIDAY'S MOST CLICKED: Burgess and Heather's story about top Capitol security officials being sacked after deadly riot was the big winner.

PSA: Are you a Capitol Hill officer who was on the frontlines of Wednesday's attack? Your Huddle host wants to talk to you. Your name won't be shared anywhere unless you explicitly ask that it is. You can contact me at Obeavers@politico.com or my ProtonMail address at Obeavers@protonmail.com

*Also… Your Huddle host asked you, her wonderful readers, to share what stood out to them most about Wednesday's assault. I share some readers' thoughts lower down.*

PELOSI's POV: The speaker joined CBS' Lesley Stahl on 60 Minutes to share her experience as well as her staff's when a group of rioters began banging and barging into her office suites. At one point, her staff recalls hearing rioters outside the door saying, "Where's the speaker? We know she has staff. They're here someplace. We're gonna find them." Read more of the chilling details here: http://cbsn.ws/2Louyx3

ONE OTHER DETAIL: Your Huddle host and Kyle have learned that when Vice President Mike Pence went into lockdown, he was with his older brother, Rep. Greg Pence (R-Ind.).

DAMAGED GOODS? The involvement of McCarthy, Minority Whip Steve Scalise (R-La.) as well as Sens. Ted Cruz (R-Texas) and Josh Hawley (R-Mo.) in the anti-certification effort have some Republicans describing them as damaged goods.

Toomey in a CNN interview said McCarthy, Cruz and Hawley are "gonna pay a big price for this," stating that it has hurt their reputations.

While no House GOP members are publicly calling for McCarthy and Scalise to step down from their leadership posts at the moment -- they were, after all, just re-elected for another two years -- Republicans are privately criticizing the two leaders for failing to show proper leadership in a time of crisis, including standing up to Trump for inciting the riots. More from Mel and yours truly: http://politi.co/3sd8WEC

Hawley and Cruz are facing criticism more publicly from their GOP colleagues as well as calls to resign from Senate Democrats. Marianne, Holly Otterbein, and Burgess with the story: http://politi.co/39kjNDV

Related read: Some of Rep. Gosar's siblings want him expelled from Congress after deadly riot at Capitol by AZ Central's Ronald Hansen: http://bit.ly/39eQanC | Lawmakers who voted against certifying Biden win face backlash in home districts by AP's Jeffrey Collins: http://bit.ly/3nx331m

FRESH FRESHMEN: Rep. Nancy Mace (R-N.C.) is already carving out a name for herself in the new freshman class, speaking out about the state of the GOP and Trump more than some House Republicans who are twice her age.

One example: Mace said the president's entire legacy was "wiped out" on Wednesday, which comes after she says she supported the president.

"I worked on his campaign in 2016. He was a supporter of mine in my general elections," Mace said on MSNBC on Saturday. But then she pointed to the riots, the violence, and the death of five people as the reason Trump has "entirely" lost whatever legacy he has built.

She also called on the White House to lower the flags half-staff in honor of Capitol police officer Brian Sicknick, who died after sustaining injuries from the attack, while attacking the rioters involved as domestic terrorists, not "patriots." Fact check: True.

AND freshman Rep. Peter Meijer (R-Mich.) is also going after his GOP colleagues for failing to take responsibility over what has happened.

This quote: "While a dead woman's blood dried mere feet from our chamber, other Republican colleagues doubled down, repeating lies of a stolen election, baselessly deflecting blame for the Capitol assault from Trump loyalists to Antifa, doing whatever they could to justify, equivocate, rationalize or otherwise avoid taking responsibility for the consequences of their actions," Meijier wrote in an Op-Ed published in the Detroit News. Read the rest of the piece here: http://bit.ly/2LkQ3yT

MOORE INFAMOUS: Freshman Rep. Barry Moore (R-Ala.) has already proven himself to be the cringy social media poster of the House GOP freshmen pack, including tweeting that he "understands" it was a black police officer who shot a white woman, which he notes goes against the "narrative." He then deleted his personal Twitter account, per reporter Jamie Dupree, who first took notice of Moore's absurd tweets.

Another awful tweet: "Wow we have more arrests for stealing a podium on January 6th than we do for stealing an election on November 3rd!"

*Your Huddle host just wondering out loud here: Will any members try to censure Moore for his takes on the Capitol violence?*

DROPPING DONORS: While there was a clear financial incentive for some GOP lawmakers to join the challenge in objecting to the election certification, there are also major corporate donors who are washing their hands of the Republicans who took part, including JP Morgan, Marriott International Inc., and Blue Cross Blue Shield.

As NPR's Susan Davis notes: "So much focus on Cruz/Hawley, but FL Sen Rick Scott (who also has eyes on 2024) voted to reject Pennsylvania's results. Lot of quiet anger at him too, he was just tapped to run the 2022 GOP Senate campaign operation, which is basically a fundraising job."

14th + 25th = GET OUTTA HERE: Rep. Alexandria Ocasio-Cortez is making waves with her suggestion on Sunday that in addition to impeaching Trump, there is a growing group of House Democrats who want to invoke the 14th Amendment to expel her GOP colleagues who challenged the election certification process, telling ABC News Sunday that those two avenues are not mutually exclusive. NYT's Chris Cameron has the story: http://nyti.ms/39eDsoU

Mea Culpas: Boise man who stormed U.S. Capitol building: 'I got caught up in the moment' by Idaho News' Emri Moore: http://bit.ly/3oBSmfe | A West Virginia Republican Lawmaker Who Livestreamed Himself Storming The Capitol Has Resigned by BuzzFeed's Adolfo Flores: http://bit.ly/2LBNKar | Tech CEO Brad Rukstales, Who Stormed Capitol, Calls It Worst Decision of His Life by Newsweek's Kelly Wynne: http://bit.ly/3i4vR0i

HONORING THE OFFICERS: To Officer Brian Sicknick, there is no expression of gratitude great enough to thank you for protecting those of us with your life. You are a hero. To Officer Howard Liebengood who died off duty on Saturday, a few days after responding to the riots on Wednesday: Thank you for your service. Rest in peace. To Officer Eugene Goodman, thank you for heroically putting your body in front of a swelling mob and holding them back alone when protesters first got into the Capitol. Kinzinger is calling for you to be honored with a medal. And to the other officers, whose names may not be mentioned explicitly, but whose bravery should be recognized: Thank you for your service and protection.

In addition to many displays of bravery, there are a lot of answers to be had about multiple decisions made by Capitol police on Wednesday. Some Democrats want answers as to whether it was an inside job. Kyle, Sarah and Laura Barron-Lopez with the story: http://politi.co/39lLUCU

IMPORTANT read : Outgoing Capitol Police chief: House, Senate security officials hamstrung efforts to call in National Guard by The Washington Post: http://wapo.st/3nvJ9nr

IT KEEPS GETTING WORSE: As if Wednesday wasn't bad enough, the Office of the Attending Physician warned House lawmakers and staff on Sunday that they were potentially exposed to Covid while in "protective isolation" during the Capitol riots. Our Kelsey Tamborrino reports: http://politi.co/35sai4B

Speaking of...: "GOP TN Rep Fleischmann tested positive. He shares a residence w/GOP FL Rep Bilirakis who tested positive. Fleischmann becomes the 13th Hse mbr of 117th Congress to test positive. All GOPers. Is 6th mbr of 117th Congress to test positive since new Congress began 1 wk ago today," as Fox News' Chad Pergram summed it up. Your Huddle host was also told Fleischmann was not in the safe room on Wednesday.

THREATS: Sen. Lindsey Graham (R-S.C.) has been chased down by critics in airports before, including liberal activists over Supreme Court justices, but over the weekend, the longtime Trump loyalist was SWARMED by MAGA supporters who were calling him "traitor" over his decision to certify the election. Graham's experience followed that of Sen. Mitt Romney (R-Utah), who calmly responded to a woman who aggressively confronted him in the airport.

Now -- the Capitol Police and the Sergeant at Arms' say they will coordinate with other law enforcement agencies to boost security for members of Congress while traveling through airports. Via CNN's Manu Raju: http://cnn.it/3qe33oV

THERE'S MORE: Your Huddle host has heard from multiple House offices that they are facing a surge of threats after Wednesday, from a pool of people: Republicans who voted against certifying the election are facing more threatening calls, just as GOP offices that did vote to certify.

One House staffer who works for a Republican member who voted to certify the election tells me: "I'd say the threats called in to lawmakers' personal offices from pro-Trump constituents have only ramped up since Wednesday's riot."

MORE ATTACKS TO COME? Rep. Jason Crow (D-Colo.), who was part of the group evacuated from the House chamber, released a readout of his conversation with Army Secretary Ryan McCarthy, which warns that the Pentagon is "aware of further possible threats posed by would-be terrorists in the days up to and including Inauguration Day." The call readout: https://bit.ly/3qbJg9I

READERS' REACTIONS:

One reader noted this chilling observation: "In the pictures taken in Pelosi's office by the terrorists, the computers were still unlocked [they lock after a five or so minutes for security reasons]. Those staffers were only evacuated minutes ahead of them entering their office. I cannot stop wondering about what would have happened to them if they had not gotten out in time."

Another: "When rioters entered Statuary Hall, they were confronted with a set of black moveable ropes, meant to funnel (normally) people in an orderly line. THE RIOTERS STAYED IN THE GUIDELINES! They were following, unconsciously, the rules. WTF?...The zip ties they carried kind of stuck out, too."

A third added : This is an open invitation "to Russia, Iran, or any of the other countries around the world that would love to see the U.S. fall. They don't need armies, drones, suicide bombers, or hijacked planes. No, all they need is 1,000 people and our police not only won't shoot (even non-lethal weapons)..."

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TRANSITIONS

Sean Riley has returned to work for Sen. Ron Johnson (R-Wis.) as his chief of staff after working at the White House, according to Legistorm.

TODAY IN CONGRESS

The House will meet at 11 a.m. for a pro forma session and then 12:00 p.m. for legislative business.

The Senate is not in session until January 19.

AROUND THE HILL

Democrats host a 2 p.m. caucus call to discuss impeachment.

Republicans host their first conference call (via conference call) after the riots.

TRIVIA

FRIDAY'S WINNER: Claude Marx was the first to guess that the Eisenhower and Nixon families became directly related by marriage. Ike's grandson David is married to Nixon's daughter Julie.

TODAY'S QUESTION : From Claude: Appeals Court Judge Merrick Garland was just nominated as attorney general. The last federal judge to be AG was Michael Mukasey, who served President George W. Bush. Before him, who was the last former judge to be AG?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answer to obeavers@politico.com.

GET HUDDLE emailed to your phone each morning. this afternoon, as they deliberate their next steps.