Beating a dead horse: Jan. 6 committee has proved what we all knew. Does it even matter?
House Select Committee to Investigate the January 6th Attack on the United States Capitol.
October 15, 2022
The House Jan. 6 committee, bless its heart, went through it all again on Thursday:
And finally, the headline: The committee voted unanimously to issue a subpoena to Trump, calling on him to provide documents and testify before the committee.
This article first appeared in Salon.
Good luck with that. The chances of getting Trump before the committee are almost nil, with Republicans likely to take over the House majority in January. In fact, it will take luck or a miracle for the entire enterprise of this select committee to have any effect on Trump's seeming death grip on the Republican Party. After more than 20 hours of testimony in nine hearings held over the course of five months, the committee's work hasn't even budged the needle of Trump's approval ratings.
More than 20 hours of testimony and evidence in nine hearings, over the course of five months. Trump's guilt is clear. Has that demolished his popularity? Not exactly.
According to the polling aggregator FiveThirtyEight, Trump's average approval rating was at 42.7 percent at the beginning of the hearings early in the summer. It stood at 40.4 percent when the hearings ended on Thursday. A Monmouth University poll at the beginning of the hearings found that 29 percent of Americans (and 61 percent of Republicans) believed that Joe Biden only won the 2020 election because of voter fraud. The exact same proportion believed the same thing at the close of the hearings. In fact, the Monmouth poll found that when the hearings began, 42 percent of Americans held the former president "directly responsible" for the Jan. 6 assault on the Capitol. That number went down to 38 percent by last month, with the final hearing still to come.
As these congressional hearings have proceeded, a powerful department over in the executive branch has been assembling a criminal case against the former president for his theft and mishandling of government documents after he left office. The Department of Justice has been investigating Trump for his apparently illegal removal of thousands of documents and other materials from the White House when he left office. Some of the documents bear the highest classification markings intelligence agencies can use and were found in Trump's office and residence in Mar-a-Lago, when the FBI searched the premises in August.
That DOJ investigation has tracked the House hearings almost month by month. In June, the month of the first committee hearing, the DOJ sent officials, including the leader of its counterintelligence division, Jay Bratt, to Mar-a-Lago to retrieve an envelope containing 38 classified documents that Trump asserted was the sum total of all the government-owned materials he had stored at Mar-a-Lago. One of Trump's lawyers signed an official statement to that effect, a sworn affidavit that was proved false when the FBI discovered 11,000 more government-owned documents, including another 100 folders of highly classified documents, during its August search.
I have written in these pages about the travails of the DOJ investigation in court over the last few months as a Florida federal judge, Aileen Mercedes Cannon, has done her best to impede the government's investigation of the man who appointed her to the bench, Donald Trump. Those travails appeared to come to an end on Thursday when the Supreme Court rejected Trump's emergency plea for the court to stay part of an order by the 11th Circuit Court of Appeals that removed the 100 or so folders of classified documents from the special master appointed by Judge Cannon to review the entire Mar-a-Lago trove for possible attorney-client privilege and executive privilege.
Trump incited an armed mob to attack the Capitol. He stole classified documents. He could end up in prison. But 40% of the public is just fine with all that.
So, with just three weeks left until the midterm elections and two years before the next presidential election is held, that's where we stand. Donald Trump's stranglehold on 40 percent of the electorate looks unassailable, since it hasn't been affected by the House committee hearings or a steady drumbeat of news about the DOJ investigation of Trump for possible serious felonies, including violations of the the Espionage Act, which is intended to prosecute spies against the United States.
The select committee has proved to the public, or at least to those who were watching, that Donald Trump conspired to overturn the 2020 presidential election in multiple ways, including inciting an armed mob to attack the seat of federal government. He knew his vice president's life was in danger. He watched the insurrection on TV in the White House and listened to reports that Capitol and Metropolitan police were being attacked by his supporters, and he did nothing. The Department of Justice is amassing evidence of crimes that could end up with Trump being indicted. A conviction could send him to prison.
And here's the thing: Forty percent of the country is apparently just fine with all that. They will try to vote him back into office if he decides to run for president again. Given that Trump may end up convicted of a felony that could bar him from holding any federal office, the words "constitutional crisis" come to mind. So do the words, we're fucked.