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Decision time for Jan. 6 panel, Call Pence, or Trump?

Trump

The events of January 6, 2021 were certainly unfortunate, and costly in terms of human life, of which one of those was from an overzealous Capital police officer who killed an innocent woman, but that days tragic outcomes do not stand up to what is defined as an insurrection. Many want to blame Donald Trump for what happened that day, and say he planned it all, but that just isn’t true, and the panel investigating the incident obviously does not know what a real insurrection is, the American revolution, and the outbreak of the American Civil War were insurrections, but Jan 6. was nothing more than a gathering that turned into a riot. As reported by the AP:

The committee wants to be as thorough as possible, and critics are sure to pounce if they don’t even try

WASHINGTON (AP) — The House committee investigating the Jan. 6 insurrection has interviewed nearly 1,000 people. But the nine-member panel has yet to talk to the two most prominent players in that day’s events — former President Donald Trump and former Vice President Mike Pence.

FILE – President Donald Trump speaks during a rally protesting the electoral college certification of Joe Biden as President in Washington on Jan. 6, 2021. The House committee investigating the Jan. 6 insurrection has interviewed nearly 1,000 people. But the nine-member panel has yet to talk to the two most prominent players in that day’s events – former President Donald Trump and former Vice President Mike Pence. (AP Photo/Evan Vucci, File)

As the investigation winds down and the panel plans a series of hearings in June, members of the committee are debating whether to call the two men, whose conflict over whether to certify Joe Biden’s 2020 presidential election win was at the center of the attack. Trump pressured Pence for days, if not weeks, to use his ceremonial role presiding over the Jan. 6 count to try to block or delay Biden’s certification. Pence refused to do so, and rioters who broke into the building that day called for his hanging.

There are reasons to call either or both of them. The committee wants to be as thorough as possible, and critics are sure to pounce if they don’t even try. But some lawmakers on the panel have argued that they’ve obtained all the information they need without Trump and Pence.

Pence
FILE – Former Vice President Mike Pence speaks at the Florida chapter of the Federalist Society’s annual meeting at Disney’s Yacht Club resort in Walt Disney World, Feb. 4, 2022, in Lake Buena Vista, Fla. After years of being a subservient sidekick, Pence is beginning to distance himself from former President Donald Trump as he takes increasingly overt steps toward a White House bid of his own. Stephen M. Dowell/Lake Buena Vista Sentinel via AP, File)

Nearly a year into their wide-ranging investigation into the worst attack on the Capitol in more than two centuries, the House committee has interviewed hundreds of witnesses and received more than 100,000 pages of documents. Interviews have been conducted out of the public eye in obscure federal office buildings and private Zoom sessions.

The Democratic chairman, Mississippi Rep. Bennie Thompson, said in early April that the committee has been able to validate a lot of the statements attributed to Trump and Pence without their testimony. He said at that time there was “no effort on the part of the committee” to call Pence, though there have been discussions since then about potentially doing so.

ivanka trump
FILE – Ivanka Trump, daughter and adviser to President Donald Trump, waves to supporters during a campaign event Nov. 2, 2020, at the Iowa State Fairgrounds, in Des Moines, Iowa. Ivanka Trump, who was among those closest to him during the insurrection at the Capitol, is set to testify Tuesday before the Jan. 6 committee, according to three people familiar with the situation who were granted anonymity to discuss it. (AP Photo/Charlie Neibergall, File)

Speaking about Pence, Thompson said the panel had “initially thought it would be important” to call him, but “there are a lot of things on that day we know — we know the people who tried to get him to change his mind about the count and all of that, so what is it we need?”

A lot of the people they are interviewing, Thompson added, “are people we didn’t have on the original list.”

The panel, comprised of seven Democrats and two Republicans, has said that the evidence it has compiled is enough to link Trump to a federal crime.

FILE – Donald John Trump Jr. speaks during a political rally on Sept. 22, 2021, in Marietta, Ga. As a mob overran the U.S. Capitol last January, some of Donald Trump’s highest-profile defenders in the media — and even his own son — sent urgent text messages to the White House chief of staff urging him to get the then-president to do more to stop the violence. (AP Photo/Mike Stewart, File)

Much of the evidence the committee has released so far has come from White House aides and staff — including little-known witnesses like Cassidy Hutchinson, a former special assistant in the Trump White House, and Greg Jacob, who served as Pence’s chief counsel in the vice president’s office. The panel also has thousands of texts from Trump’s final chief of staff, Mark Meadows, and has talked to two of the former president’s children, Ivanka Trump and Donald Trump Jr., who were with their father the day of the attack.

Among hundreds of others, the committee has also interviewed former White House aide Jared Kushner, Ivanka’s husband, former communications director Alyssa Farah and multiple Pence aides, including his chief of staff, Marc Short, and his national security adviser, Keith Kellogg. Former White House press secretaries Kayleigh McEnany and Stephanie Grisham have also appeared, as has former senior policy adviser Stephen Miller.

FILE – White House chief of staff Mark Meadows speaks with reporters outside the White House, Oct. 26, 2020, in Washington. The House panel investigating the Jan. 6 Capitol insurrection says it has “no choice” but to move forward with contempt charges against former Trump White House chief of staff Mark Meadows. (AP Photo/Patrick Semansky, File)

There are still questions that Trump and Pence could answer, including what they talked about the morning of Jan. 6, when Trump made his final plea for Pence to overturn the election when he presided over the Electoral College count in Congress. Lawmakers have been able to document most of Trump’s end of the call but not what Pence said in response.

In the hours after Trump and Pence spoke, the vice president issued a statement saying he did not have the power to object to the counting of electoral votes. But the president did not relent and went on to publicly pressure Pence at his massive rally in front of the White House and then on Twitter even after his supporters had broken into the Capitol.

Still, it is unlikely that the two former leaders would speak about the conversation to the committee — and it’s unclear if they would cooperate at all.

FILE – White House press secretary Kayleigh McEnany stands on stage at a campaign rally with President Donald Trump at Prescott Regional Airport, on Oct. 19, 2020, in Prescott, Ariz. House investigators have issued subpoenas to 10 more former officials, including McEnany, who worked for Trump at the end of his presidency, an effort to find out more about what the president was doing and saying as his supporters violently stormed the U.S. Capitol on Jan. 6 in a bid to overturn his defeat. (AP Photo/Alex Brandon)

While Pence has yet to comment on the committee’s work, Trump would certainly be a hostile witness. He has fought the investigation in court, demonized the committee on TV and tried to assert executive privilege over White House papers and any conversations he had with his aides — demands that would certainly apply to his morning call with Pence.

In addition, calling a former president or vice president to testify in a congressional investigation is a rare, if not unprecedented, move that could face major legal hurdles and backfire politically.

The Jan. 6 committee has given only a glimpse of what it has found, mostly in court filings where excerpts of transcripts have been used.

Jared Kushner
FILE – In this Aug. 13, 2020 file photo, White House senior adviser Jared Kushner speaks at a press briefing at the White House in Washington. A judge in Maryland has ruled that an apartment company co-owned by Kushner, former President Donald Trump’s son-in-law, repeatedly violated state consumer protection laws by collecting debts without required licenses, charging tenants improper fees and misrepresenting the condition of rental units. (AP Photo/Andrew Harnik, File)

A recent filing from the committee revealed portions of interviews with Hutchinson that took place in February and March of this year. That testimony provided new evidence about the involvement of GOP lawmakers in Trump’s effort to overturn the 2020 election, including a meeting at the White House in which attorneys for the president advised that putting up an alternate slate of electors declaring Trump the winner was not “legally sound.”

Another court document revealed testimony from Jacob, who served as Pence’s chief counsel. In a series of emails, Jacob repeatedly told lawyer John Eastman, who was working with Trump, that Pence could not intervene in his ceremonial role and halt the certification of the electoral votes. Jacob told Eastman the legal framework he was putting forward to do just that was “essentially entirely made up.”

FILE – Georgia Gov. Brian Kemp speaks during a gubernatorial republican primary debate on May 1, 2022, in Atlanta. Kemp has declined to clarify his position on abortion in recent days. His campaign ignored direct questions asking whether he would support a complete abortion ban, although he enjoys the strong backing of state-based anti-abortion groups. (AP Photo/Brynn Anderson, Pool)

Meadows’ texts have also been revelatory, detailing how people inside Trump’s orbit pleaded for him to forcefully condemn the attack on the Capitol as it unfolded. The pleas came from Trump’s children, members of Congress and even Fox News hosts.

“He has to lead now. It has gone too far and gotten out of hand,” Donald Trump Jr. texted Meadows as protestors breached the security perimeter at the Capitol.

By MARY CLARE JALONICK and FARNOUSH AMIRI 

Congressional Correspondent Lisa Mascaro contributed to this report.

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