THE JANUARY 6 INSURRECTION INVESTIGATION: WHERE WE STAND

Investigations into the January 6 insurrection plod

along with three unmistakable  characteristics. In some ways, these characteristics typify and symbolize the state of our politics. They show the strengths and weaknesses of American democracy in 2021.

·     Democrats and a few brave Republicans in Congress keep moving methodically toward uncovering the truth, using tried and true tools and processes that fit the circumstances.

·     The courts are handling January 6 prosecutions as we’d expect – on a case-by-case basis, balancing the societal interest in holding those responsible accountable with individual rights afforded every criminal defendant, despite claims those  defendants are political prisoners.

·     Republican politicians stand in the way. The fact that’s happening –as odd as it is – represents a good starting place for an evaluation of where the investigation stands, nearly nine months after the deadly attack on the capitol.

 

The GOP Strategy: You Didn’t Really See 

WhatYou Thought You Saw

One remarkable thing stands out about the January 6 insurrection – we saw it on television.Republicans, however, continue their effort at convincing Americans it wasn’t what it looked like. In addition to outlandish statements from Republican members ofCongress about capitol rioters resembling tourists, the overall GOP strategy rests on the notion that if Republicans keep saying there’s nothing worth seeing, Americans will agree and lose interest.

House Minority Leader Kevin McCarthy probably had that in mind when he threatened telecomcompanies asked to preserve phone records. Those records might show that Republican members of Congress helped facilitate the attack. McCarthy said those companies shouldn’t comply with document requests made by the bipartisan House Select Committee that’s conducting a probe into January 6. He claimed complying would violate federal law andRepublicans would remember that, presumably with dire consequences, if and when the GOP retakes the House of Representatives. McCarthy no doubt wants to minimize the importance of the investigation and make complying not normal. After all, what people thought they saw wasn’t big a deal. Wasn’t much to see, right?

Then there’s the matter of prematurely exonerating former President Donald Trump. Select CommitteeChairman Bennie Thompson and Vice Chair Liz Cheney, early in September, dismissed as “baseless” McCarthy’s claim that various federal agencies, including the Justice Department, had concluded Trump didn’t incite or provoke the January 6 violence. Many reasons exist for believing he did. It appears McCarthy thought he could give the public another reason for seeing the investigation as overblown and unnecessary. There’s just not much there, right?

 

Democrats (and two Republicans) Keep Doing

the Right Thing

While the Republican side show and misinformation campaign continue, the Select

Committee keeps moving the investigation forward methodically.  Federal agencies and private companies have now responded to the committee’s first round of requests for documents. Thompson indicated the panel needs more information from social media companies. Documents the committee wants could show the involvement of Trump, White House aides, Trump family members, and GOP legislators in the planning and execution of the insurrection.

                                    

It’s known, for example, that Trump talkedon January 6 with several Republican members of Congress while the insurrection remained in progress.  If it takes a little longer to get the documents that may lead to confirmation of the substance of those communications, so be it. Tracking down such facts requires painstaking investigation and analysis. The committee is doing that, as it should, using tools common to this kind of work. If the president of the United States committed treason against the American government, we want to know the details of that, right?

 

The Courts and Their Balancing Act

Some Americans no doubt would prefer the criminal cases against the January 6 insurrectionists move faster. More than 600 defendants have been charged with various crimes in connection with the attack. Most of them are not being held in jail while they await trial.  Some, however, have had their release conditions revoked because judges have concluded, in individual cases, that those defendants pose a threat. One, a former police officer, bought 37 guns after his arrest. That individual disrupted a court hearing and accosted a probation officer. A magistrate judge decided he should remain in jail.

That situation demonstrates how courts have balanced individual rights and concerns about

January 6 defendants who continue creating havoc. That’s the nature of the criminal justice system and things are likely to continue moving along that way for a long time to come. Meantime, Trump supporters and far rights groups spent a weekend demonstrating in Washington and elsewhere claiming the insurrectionists were just protesters exercising their constitutional rights and are being held wrongfully. Oh, really?

                                      

As much as everyone might hope the process of investigating January 6 and holding those responsible accountable might proceed differently or move faster, the current state of affairs seems like what we’ll have for a while. Republican

politicians have shown no interest in unearthing what happened. McCarthy once said the GOP would conduct its own investigation and seek “real answers.” No evidence exists that’s happening now or that it will happen. McCarthy and other Republicans

will likely continue doing  what they’re doing now – getting in the way, making disingenuous or outright false statements, and claiming nothing important happened.

Meantime, the Select Committee, which includes

only two Republicans, and the courts will keep

doing what they’re doing -- their jobs.

NANCY PELOSI’S INFRASTUCTURE TASK: TOASTERS, CAR WASHES, AND TIGHTROPES

 In the motion picture Apollo 13, as the crippled spacecraft hurtled home after the aborted moon landing, the astronauts tackled the delicate job of powering up their frozen command module after days of what amounted to cold storage in space. Astronaut Jack Swigert, portrayed by actor Kevin Bacon, noticed condensation forming on many of the craft’s instruments as the crew turned them on. “What’s the deal on this stuff shorting out?” Swigert asked mission control. “Just have to take it one step at a time, Jack,” came the reply. Swigert then said, to no one in particular, “This is like trying to drive a toaster through a car wash.”    

Almost every American wants improved infrastructure. People know that we suffer

from crumbling roads and bridges and that many countries in the industrialized world with which the United States competes are far outspending us in that arena. Democrats and Republicans, who often can’t concur on whether the sky is blue, agree about infrastructure. 

That being the case, why has getting infrastructure legislation through Congress been so difficult? As work on the issue resumes, it’s clear the path has gotten harder, not easier.  The reasons lie in the culture of the two political parties. If the United States is

going to get an infrastructure package this fall – and this year may represent the last, best chance for a while – House Speaker Nancy Pelosi may have to pull off something like driving that toaster through a car wash.

Pelosi’s Divided Caucus

There’s an old saying in politics that “My enemies I can handle, but God save me from my friends.” That’s the source of Pelosi’s infrastructure dilemma. She doesn’t need Republicans for much of anything. Democrats have the majority in the House, though it’s slimmer than before the 2020 election. If all Democrats vote for any infrastructure bill it passes, pure and simple. But it’s not that simple. Pelosi must keep the Democrats pulling in the same direction. In this instance, they’re the house divided.

Two factions make up the Democratic caucus

in the House. First, there are moderates like Majority Leader Steny Hoyer and representatives from competitive, swing districts like Lizzie Fletcher of Houston and Tim Ryan of Ohio. Then, there are progressives like Alexandria Ocasio-Cortez of New York and Ayanna Pressley from Massachusetts.  The two factions get along sometimes and sometimes they don’t. They stuck together and passed the Biden COVID relief plan, but the love fest may end over infrastructure.   

The Senate has passed what’s usually called the “bipartisan” infrastructure bill, a $1 trillion plan that emphasizes traditional projects like roads and bridges. A bipartisan group of senators hashed it out and 19 Republicans supported it when it came up for a vote.

Moderates in the  House Democratic caucus want to pass that bill immediately and send it to President Biden for signature. Not so fast, say the progressives.

 

“Human” Infrastructure

Biden originally proposed an infrastructure package that not only included what’s in the bipartisan bill, but also significant new

spending on health care, education, immigration, child poverty, and climate change. Republicans, including those in the senate who voted for the bipartisan bill, oppose these programs. In trying to make sure an infrastructure bill passes, Biden agreed on

splitting the measure in two –

the bipartisan bill containing

traditional infrastructure spending

that could pass with enough

Republican support to break a senate filibuster and a bigger nontraditional bill Democrats might have a chance at passing with only   Democratic votes through what’s called budget reconciliation.

The plan had been for the House to act on the bipartisan bill, leaving the president and

Senate Majority Leader Chuck Schumer the job of wooing moderate Democrats like West Virginia’s Joe Manchin and Arizona’s Kyrsten Sinema. They might vote for the

“human” infrastructure bill and they might not.  Both say they don’t like the cost, about $3.5 trillion, though they have voted with the other Democratic senators on the procedural measures that allow consideration.

 

Progressives and Pelosi’s Tightrope Act

Democratic moderates, desperately seeking something they can run on in the perilous 2022 midterms, don’t want to chance that no infrastructure bill gets to the president’s desk this year. They’re afraid if the bipartisan bill doesn’t pass quickly, chances increase that no bill passes this year, the issue will become embroiled in next year’s campaigning, and all the work will have been for naught.

Progressives, however, want a guarantee the “human” bill will pass before they commit on

the bipartisan bill. They’ve concluded the best way of assuring that outcome is not voting for the bipartisan bill unless the senate first passes the “human” bill.  Pelosi must walk this tightrope – in essence drive Swigert’s toaster though the congressional car wash – so that an infrastructure package gets enacted in this Congress.  She knows that if Republicans take the House next year, no major legislation will get passed. It’s now or never.

       

Both progressives and moderates want things in the two bills. While some moderates have reservations about the price tag – and the taxes – associated with the “human” bill, most are generally sympathetic to its objectives. But the battle is about what the Democratic Party truly stands for. What hill will it die on? Both sides are heavily invested in their objectives and that’s what makes Pelosi’s job so difficult. She’s got to find a way through that car wash.                   

MOVING AHEAD WITH A JANUARY 6 SELECT COMMITTEE PROBE

DEMOCRATS TAKE THE HIGH ROAD AND

DO WHAT NEEDS DOING

                                                

House Speaker Nancy Pelosi (D-Ca.) has moved ahead with plans for a select committee that will investigate the January 6 insurrection at the U.S.

Capitol. Pelosi named eight committee members and designated Mississippi Congressman Bennie Thompson the chair. She  took the action following a June 30 House vote, mainly along party lines, favoring establishment of such a panel. That, in

turn, followed Senate rejection of a bipartisan, 9/11-style commission that would have investigated the events of January 6. Five people died as a result of the riot, including a police officer.  The dangerousness and brutality of the insurrectionists become more evident with each Justice Department release of new January 6 video.

Despite our preference for a bipartisan commission, we say Democrats have taken the only reasonable course Republicans left to them. It was a step they had no choice but to take. Congress had to fulfil its obligation to investigate what happened and decide who’s ultimately responsible.

A fierce urgency demands that  Congress find out who bears responsibility for the January 6 insurrection. In a democracy, not moving forward with an investigation of a matter like this would have been a dereliction of duty.

After Senate Republicans nixed the bipartisan commission option, only the select committee approach remained.  Republicans can complain all they want about the “partisan” nature of a select committee inquiry, but they could have prevented this circumstance. They declined the bipartisan commission under pressure from former President 

Donald Trump, who wants  nothing that might pin the blame on the person likely most responsible -- him. Republican fidelity to Trump’s wishes eviscerates the party’s viability as a defender of democracy and the nation’s most cherished ideals.       

 

The Urgency

Anyone who looks at the video or reads the published accounts of January 6 can only conclude that what occurred was an insurrection in the classic sense of the term – an effort at overthrowing the democratically expressed will of the people. We contend those who won’t recognize the events of January 6 as such now stand as opponents of democracy and are at war with the United States. A functioning democracy seeks out and holds accountable people who did what the insurrectionists did.

Fidelity to core American values requires that both

the general public and elected officials pursue full accountability for those who orchestrated and participated in what happened.  The public should, through social media, blogging, letters to the editor, and every other legal means, promote the need for that full accountability.

Meanwhile, elected officials owe a duty because of an oath they must uphold. That oath obligates them to protect and defend the United States Constitution. Those who won’t do that should resign their offices.

No one should believe the forces unleashed that day will just disappear. Trials of some of the 500 people already charged may tell us something

about the continuing threat posed by the right wing, white supremacist groups believed at the center of the January 6 riot. Trials, however, with their focus on the guilt or innocence of individuals, can never reveal the whole story of something like January 6.  That limitation makes the work of the select committee essential. It must find out who bears responsibility and let the nation know. Then, the country and its government can take steps that would prevent a repeat.

 

Committee Membership

Pelosi’s selection of Republican Representative Liz Chaney of Wyoming generated the most attention

among the members named. Republicans kicked Cheney out of her leadership role in their caucus because she voted in favor of Trump’s impeachment. She was one of two Republicans who backed a select committee

investigation (Adam Kinzinger of Illinois was the other). Chaney’s been adamant that Congress should get to the bottom of the January 6 incident.

In addition to Chairman Thompson, Pelosi put three Californians, Zoe Lofgren, Adam Schiff, and Pete Aguilar on the panel. Florida’s Stephanie Murphy, Jamie Raskin of Maryland, and Elaine Luria of Virginia round out the group.

That left the question of who, if anyone, House Minority Leader Kevin McCarthy would name.

McCarthy led the Republican complaints about “partisanship” in the process. His whining sounded hollow, given the fact he rejected the bipartisan commission, despite having gotten everything Republicans asked for in talks that led up to the vote on the measure that would have created a commission.

Thompson indicated the select committee won’t waste time getting to work. Its first hearings could come before the end of July. We’d welcome that. We believe those unwilling to find out what really happened now stand in opposition to democracy. The sooner Congress and the public can call out

exactly who falls into that category, the better. Are we or are we not a democracy? Congress bears the responsibility, starting with the work of this select committee, of providing us with an answer to that central question.

CRUNCH TIME ON BI-PARTISAN INFRASTRUCTURE: CHALLENGE AND OPPORTUNITY FOR JOE BIDEN

The American people need an infrastructure program because the roads and bridges they use every day are crumbling around them and

because the country needs it to remain competitive with the world’s other industrialized nations. President Biden needs an infrastructure bill that keeps his

administration’s positive momentum and shows ordinary citizens government can work for them. Congressional Democrats need infrastructure

legislation as a signature accomplishment they can run on in 2022. Moderate Republicans need infrastructure legislation so they can show their voters the virtue of being something other than the party of “no.”

So, with so many divergent groups needing something done on infrastructure, why has it become one of the heaviest legislative lifts in recent times? The answer lies in the complex web of political alliances that have put the president in a precarious position. The dilemma illustrates the difficulty America faces in getting things done in an era of extreme partisanship.

A Deal – Maybe

After weeks of talking, the president and a group of senators from both parties announced agreement on a $1 trillion infrastructure package that supposedly has the backing of 11 Republican senators (Burr, Cassidy, Collins, Murkowski, Portman, Romney, Rounds, Graham, Young, Tillis, and Moran) and two key Democratic moderates, Joe Manchin of West Virginia and Kyrsten Sinema of Arizona. The unspoken reality was that Democrats would still try to pass the rest of Biden’s original $2.3 trillion package through budget reconciliation, meaning no need for Republican votes in the

Senate.  Biden first said he would veto the smaller bill if he didn’t get both. The 11 Republicans who were on record as supporting the bill balked and the president walked back that statement. The dust up showed the political peril that infests the whole infrastructure issue.

                                

           

With Manchin and Sinema (and maybe some other Democratic senators) apparently caring more about the appearance of bipartisanship

than the substance of an infrastructure package,  Biden now finds himself trying to thread a needle that can sew together waring elements in his own party with Republicans who might agree to pass something.

Progressive Democrats, particularly in the House, have begun expressing exasperation

with the whole idea of a bipartisan deal. A few, like Pramila Jayapal of Washington, chair of the Congressional Progressive  Caucus, think the whole bipartisan

effort has been “wasted.” A few in the group have hinted they won’t vote for the kind of narrow bill worked out with Senate Republicans. Given the slim Democratic majority in the House, Biden can’t lose many Democratic votes in the lower chamber, since it’s not clear any Republicans will vote “yes.”

 

Shortcomings

Make no mistake, the deal with Republicans

has major weaknesses.  First,  it’s paid for with gimmicks – smoke and mirrors ideas that placate Republican refusal to raise taxes on the  wealthy. Second,

it doesn’t address a number of real needs Biden’s original big bill took head on.

Paying for the smaller bill will come from a combination of things like unused unemployment benefits money and  increased tax collections generated by a bigger IRS

budget. We’re not keen on that idea in particular. Experience suggests the yield from such an effort often comes up short. Beyond that, the country must address income inequality and the fact the wealthy currently don’t pay their fair share in taxes.  Even without the country’s massive infrastructure need, those earning over $400,000 a year should pay more.

Most experts who’ve analyzed the infrastructure proposals think the bill Biden and the bipartisan group agreed on doesn’t really tackle climate change. With the recent heatcatastrophe in the Pacific Northwest and an already raging Atlantic hurricane season (more named storms earlier than ever), we can’t imagine anyone thinking we don’t face a real climate crisis. Other shortcomings in the bill agreed on concern not enough emphasis on high speed rail and not enough money for improving the nation’s electric grid. That’s especially needed if more electric vehicles and devices come online in transportation and other industries.

 

Who Do You Trust?

Part of the dilemma Biden now faces rests in the fact he must deal with both outright enemies in the other party and skeptics in his own. Most Republicans in both houses of Congress don’t want to do anything except

obstruct him. Some House Democrats now don’t trust him to follow through and fight for a bill based on reconciliation, so some now appear reluctant to give him the smaller bill as a start.

Biden may have to wait until after the 2022 mid-terms before he can complete this process. Democratic prospects don’t look bad now for picking up a seat or two in the Senate. For one thing Republicans must defend 20 seats, Democrats only 14. For another, Republican incumbents in swing states like Ohio, Pennsylvania, and North Carolina aren’t seeking re-election, potentially giving Democrats opportunities. That might diminish the importance of problem Democrats like Manchin and Sinema and pave the way for a doable reconciliation bill with tax increases and meaningful spending on pressing needs like climate change and electric grid development. But, Democrats are in real danger of losing the House in 2022 because of redistricting, Republican voter suppression, and the historical fact a president’s party usually loses seats in the mid-term elections right after that president takes office.

One irony in all this resides in the fact Biden’s original proposal enjoys 68% support among the people. Republicans in Congress apparently listen only to the 29% opposed.

Infrastructure provides Biden with a major test and a real opportunity. If he gets his two bills, he will have done his own party and the country a major service. Maybe he simply lives to fight another day with a new Congress. In today’s political circumstances, that can rank as a major accomplishment.