In His Impeachment Defense, Trump Cites Mike Pence Admitting Trump Made an Unconstitutional Demand

Eleven pages into his 75-page impeachment defense, Trump makes this claim:

President Trump did not direct anyone to commit lawless actions,

In context, he’s speaking about his speech before the riot, claiming that his invocation that his mobsters “fight” didn’t mean he wanted them to fight illegally. His defense only addresses the meaning of that word, “fight,” in his speech, while treating impeachment over and over as akin to the passage of a law restricting First Amendment protected speech and not the political act that impeachment is.

But this brief, like in the 14-page answer brief he submitted last week, barely addresses one of the times he quite clearly did direct people to commit lawless action, first, when he called Brad Raffensperger and asked him to find him votes that didn’t exist.

The article also discusses in passing other “statements” of Mr. Trump as well as a telephone call to the secretary of state of Georgia.


The allegation that Mr. Trump should be convicted for “incitement of insurrection” based upon the telephone call to the Georgia secretary of state rests on even shakier ground. The allegations of “threats of death and violence” come not from Mr. Trump at all; they come from other individuals from the internet, not identified (nor identifiable) in the House Trial Memorandum, who took it upon themselves to make inane internet threats, which were not urged or “incited” by Mr. Trump in any way shape or form.150 Examining the discussion with the Georgia secretary of state under the standard of “incitement,” leads to the same conclusion as the January 6, 2021 statements of Mr. Trump: there is nothing said by Mr. Trump that urges “use of force” or “law violation” directed to producing imminent lawless action.151

More strikingly, given the greater length of this brief, Trump again completely ignores a key part of the article of impeachment against him: his actions targeting Mike Pence, both his demand that Pence commit an unconstitutional act by throwing out the votes of key swing states, and his comments that specifically riled up the crowd against Pence, even after the rioters started looking for him at the Capitol to assassinate him.

Instead of addressing the actions he took that got Pence targeted for assassination, Trump mentions Pence only in the context of discussions about the 25th Amendment.

The very next day, Speaker Nancy Pelosi and Senate Democratic Leader Chuck Schumer called on Vice-President Pence to invoke the 25th Amendment concluding – without any investigation – that Mr. Trump incited the insurrection and continued to pose an imminent danger if he remained in office as President.12


First, in an attempt to usurp Constitutional power that is not in any way hers, the Speaker demanded that Vice-President Michael Pence or the White House Cabinet invoke the 25th Amendment, threatening to launch an impeachment proceeding if they refused. Four days later, on January 11, 2021, an Article of Impeachment was introduced, which charged President Trump with “incitement of insurrection” against the United States government and “lawless action at the Capitol.” See H. Res. 24 (117th Congress (2021-2022). The Speaker made good on her extortionate threat.


After the Article was introduced, Speaker Pelosi again gave Vice President Pence an ultimatum: either he invokes the 25th Amendment within twenty-four hours or the impeachment proceedings would proceed. Vice-President Pence responded in a letter to Speaker Pelosi the following day stating that he would not allow her to usurp constitutional authority that is not hers and extort him (and by extension the Nation) to invoke the 25th Amendment because he believed to do so would not “be in the best interest of our Nation or consistent with our Constitution.”29 Vice-President Pence also noted that Speaker Pelosi was being hypocritical, as she had previously stated that in utilizing the 25th Amendment, “we must be ‘[v]ery respectful of not making a judgment on the basis of a comment or behavior that we don’t like, but [rather must base such a decision] on a medical decision.”30

I suspect Trump’s lawyers will try to defer any questions about Trump’s attacks on Pence by suggesting that Pelosi’s decision to impeach because Pence didn’t invoke the 25th Amendment is just like Trump’s incitement of violence targeted at Pence. With their use of the words, “usurp” and “extort,” Trump’s lawyers grossly overstate the force of language Pence himself used to compare the two:

Last week, I did not yield to pressure to exert power beyond my constitutional authority to determine the outcome of the election, and I will not now yield to efforts in the House of Representatives to play political games at a time so serious to the life of our Nation.

But there are several problems with this: Congress was already intent on impeaching Trump for his actions before the request that Pence intervene. More importantly, even in Pence’s treatment comparing these two, he calls one — Trump’s demand — unconstitutional but the other — Pelosi’s request — a “political game.”

So in one place in his impeachment defense, Donald Trump’s lawyers claim, “President Trump did not direct anyone to commit lawless actions.” Elsewhere, however, they cite a letter in which Mike Pence says he did, that he made a demand, “beyond [his] constitutional authority.”

And with this apparent effort to deflect a key accusation against him, Trump entirely ignores the specific, targeted action he used to lead the mob to attempt to assassinate his Vice President.

95 replies
  1. vvv says:

    Wonderful analysis. It is hard to believe Pence is not more publicly outraged.

    General query to all: what flavor of popcorn best suits this impeachment? Sweet and Sour? Hot and Spicy? I can’t bear to look at Cheese flavored …

    • JVO says:

      American BBQ flavor fits the occasion better, no?

      Yes, Pence is either putting on a good game face or he really is that ignorant / compromised.

      • timbo says:

        He’s compromised, almost certainly. The difference between Trump and Pence is that Pence was interested in being President in 2024… back at the end of 2020. Trump was just interested in being President indefinitely… which is not so good for Pence’s political ambitions. And right now I bet Pence is trying to lie low so that he isn’t censored by the Indiana state party and the GOP National Committees.

    • skua says:

      Pence could have a well grounded fear of violent Trumpists trying to harm or kill him or his family.
      This could explain his very low public profile.
      Whereas a patriot would be publicly offering to testify to Trump’s guilt at the trial.

      • timbo says:

        More like he just doesn’t want to risk censure by the GOP national committees and the Indiana GOP. In that sense, Pence is trying to keep what power he thought he had within the GOP in tact. In reality, he’s a dead duck in the GOP and doesn’t even have the sense to come out swinging like folks like Romney and Liz Cheney.

    • ducktree says:

      No lie, the label is “Indiana Black & White Popcorn” drizzled with dark chocolate and caramel syrups and a pinch of salt. It’s like crack!

  2. bokeh9 says:

    As part of their “I know you are, but what am I defense?”, Trump’s lawyers apparently plan to show video of the summer demonstrations. Will the Impeachment Managers have roughly the same protocols for objecting to Relevancy as in a traditional trial? Will Senator Leahy’s presiding (as opposed to Chief Justice Roberts’) make any difference regarding admissibility?

    • FL Resister says:

      Congratulations. Which bottle did you choose?
      I have discovered later in life that I like whiskey.
      I have been experimenting and found that Paddy’s Irish Whiskey is comparable to others that are at a higher price.

    • hollywood says:

      At 74, I congratulate you. Cost Plus World Market has these molds with which you can make large single spherical ice things that go very well with any sort of whiskey and take a long time to dilute it while adding some chill.
      Just sayin’.

    • timbo says:

      Assuming the Old Republic is still even recognizable at that point? Seriously, the Senate is already making many mistakes about this trial… and it hasn’t even begun yet.

  3. joel fisher says:

    To the extent that Trump’s lawyers are actually putting on a defense it seems to be twofold: 1) at the end of a President’s term he (Or she, one hopes, sooner rather than later.) can do as they please because they’ll be out of office before the trial; and 2) although sacking the Capitol was wrong, Trump did nothing to excite the vile scum who did it. With the outcome a foregone conclusion, it seems the best that can be hoped for is for Trump’s dull-witted base to take notice of the fact that the sacking of the Capitol–widely approved of or, at least, not terribly condemned in GOP circles–is, in effect, being criticized by their hero and a number of US Senators who leap to his defense.

    • PeterS says:

      I’ll hope for the best but plan for the predictable worst: the great majority of the base will take notice only of the fact that their hero is acquitted.

    • Stacey says:

      Regarding your mention of his “if you do or get caught for the crime close enough to the end of your term to avoid impeachment by running out the clock or just leaving, you’re good” defense, Trump’s sister, the federal judge, resigned from her judgeship just after the tax dodge scheme came out in the Times and doing so allowed her to avoid the investigation within her employment situation. Just a little side-step of consequences once the heat got turned up in the kitchen. That whole family (save Mary Trump, his niece) are just the definition of deplorable!

      There’s just no way the framers would have countenanced this ‘get off the hook’ strategy for holding government officials accountable!

  4. Jenny says:

    Thank you Dr. Marcy.
    Mike Pence as a witness might be able to answer questions regarding being targeted by Trump and his violent mob in an attempt to “Hang Mike Pence.”

    • harpie says:

      This news caused me to go back and read that whole CRAZY transcript…again.
      Thanks a LOT, madwand! ugggg…

      TRUMP’s 1/6/21 CALL to INSURRECTION is exactly like that phone call.

      Anything TRUMP does not like IS fraud!
      It…just IS!

      When you catch somebody in a fraud, you’re allowed to go by very different rules.

      So, it’s ALL GOOD!

      • madwand says:

        Yep and Georgia Republicans go by very different rules, so the probability of the Georgia Election Commission composed of 4 Republicans and one Democrat referring the results of this investigation are certainly less than 50 50. Plus these same guys and Raffensperger along with the Georgia House are trying to make things exponentially harder to vote by mail which as we know disproportionately affects voters of color.

  5. bmaz says:

    “…the investigation was requested by the only Democrat on the Georgia State Election Board and Raffrensperger was compelled to do it.”

    “…prosecutor Fani Willis may have something to say additionally further down the line.”

    Are people cheering this political posturing bullshit? Seriously? Stop. Don’t get ginned up by politicians ginning up things for their own purposes because they suit your own beliefs. Let actual hard evidence drive things, not this.

    And, no, the hard evidence is nowhere near complete yet.

    • Molly Pitcher says:

      bmaz, some kinda nice state ya got there in AZ.

      According to Mother Jones: “A Republican member of the Arizona state legislature took more than $6,000 from the Trump campaign in December, as he was pushing fellow state lawmakers to overturn the November election results, the Arizona Republic reported Saturday.⁠

      The payment to state Rep. Mark Finchem was disclosed in the Trump campaign’s latest financial disclosure, which listed the money as being paid on Dec. 18, 2020 in exchange for “recount: legal consulting.”⁠

      Finchem claims the payment was a reimbursement for “crowd control and security costs” for a meeting held at a downtown Phoenix hotel Nov. 30 with the former president’s lawyer, Rudy Giuliani, the paper said.⁠ The payment was made to a company registered to the lawmaker’s house…The paper also reported that Finchem is, in fact, not a lawyer, but is enrolled at the University of Arizona’s James E. Rogers College of Law.⁠ Finchem was also at the US Capitol on January 6…Previously, Finchem has claimed to be part of the Oath Keepers, a right-wing extremist militia that was also present at the Capitol on January 6. In 2014 he sought to recruit new members to the group, according to a Facebook screenshot, and also claimed to be a member of the group in 2014 ahead of that year’s elections.⁠”

    • madwand says:

      Actually I was trying to inform posters of what is happening in Georgia as Trumps call to Raffensperger (caught on tape, so that is pretty hard) is considered possibly relevant to the upcoming trial to the senate. I have no idea if people are cheering this as “political posturing bullshit” I am not for the record.

  6. Norskeflamthrower says:

    OK Bmaz, I don’t think there are many around here who would disagree with you that “the hard evidence is nowhere near complete yet” however I saw Lawrence Tribe on CNN state that what the Dumpster did was treason and that he used the word “carefully”. He was speaking directly to Dumpster’s words and actions (or inactions) during the assault on the capitol. Do you disagree with him?

    • bmaz says:

      Yes, if Tribe said that he is a complete idiot. Remember, Dershowitz was once a HLS sage too. Don’t bite off on everything you hear, especially if their voice is only because they are old HLS.

      • Norskeflamthrower says:

        Well then, I guess he stands corrected. LOL Seriously though Bman, though I agree with you about being careful and precise in using the term, I want to make sure I understand you. Isn’t treason whatever the SCOTUS says it is? And I am well aware of Dershowitz as sage from HLS but I’m talking about a real lawyer with more than 3 brain cells left.

        • Rugger9 says:

          “Treason” is what the US Constitution says it is, which was specifically crafted to avoid the creep in definitions that occurred under English Common Law to the point where criticism of the monarch was considered treason there.

          Sedition matches the situation and will send these twerps to prison for a long time, as long as Trumpist judges like McFadden don’t send them into exile in Mexico. I’d like to know the legal reasoning behind that ruling in comparison to the one where former Governor Siegelman was not allowed to leave jail to visit his very sick wife. If justice is about one size fitting all, I didn’t see it.

      • Chris.EL says:

        The lawyer who wrote the constitutional analysis — Brian Kalt, Michigan State University law professor, …”widely viewed as the leading expert in constitutional law dealing with the presidency, presidential pardons, impeachment, succession, and the 25th Amendment—immediately responded to the memo by saying it repeatedly distorted and misrepresented his work.”
        Trump’s lawyers relied heavily on Kalt’s reasoning — AND GOT A LOT OF IT WRONG — i.e. deliberately/mistakenly misquoted Kalt — I was thinking — maybe the attorneys did that on purpose, so the author, Kalt, would *have* to be called as a witness, to set the record straight from the “horse’s mouth” …
        See this article from Dan Abrams’, titled: “Law Professor Cited 15 Times by Trump’s Legal Team Says Impeachment Memo Was Filled with ‘Flat-Out Misrepresentations’ of His Work
        JERRY LAMBE FEB 8, 2021 2:36 PM” …

      • Chris.EL says:

        Further down in this story from there’s this:

        … “In an email to Law&Crime, Kalt said the misrepresentation of his work tainted the credibility of Trump’s attorneys before the trial has even begun.

        “In a typical legal case, one of the worst things a lawyer who values his or her credibility can do is to cite authorities that actually say the opposite of what the lawyer claims,” he said. “An impeachment trial is unlike a typical legal case in a lot of ways, but I hope that this is not one of them. I hope that the senators realize what it means when lawyers misuse sources in this way.”

        Kalt is not the only legal scholar to issue a response like this.
        Law&Crime reached out to Trump’s legal team by email regarding Kalt’s comments, but we have not yet heard back. “…

        [image via Doug Mills-Pool/Getty Images]

        Tags: Brian Kalt, Bruce L. Castor, Donald Trump, Jr. David Schoen, Michael T. van der Veen “…

        • BroD says:

          I’m guessing responding to Law&Crime’s outreach is not high on the priorities of Trump’s legal team seeing as how they need to focus like lasers on not being obvious clowns.

  7. PeterS says:

    Trivial point: the defense starts by referencing numerous earlier resolutions to impeach Trump, “each containing charges more outlandish than the next”. This seems to imply the Dems had knowledge of the future. Either that or Trump’s lawyers are admitting that the present Article is not at all outlandish.

  8. sand says:

    This just in from the GOP related to a few random cases in the news:

    Charges of bank robbery should be dismissed on account of the fact that the robbers had already left the bank prior to the start of the trial.

    Suit for battery should be dismissed because the defendant stopped beating the plaintiff just before the jury was sworn.

    IRS to forgive all back taxes owed on business based on owner’s statement that “the business is not as profitable as it used to be.”

    Impeachment charges to be dismissed based on novel defense of permission, “When you’re a star, they let you do it.”


  9. GKJames says:

    Still struggling to understand Pelosi’s thinking. What does she see in impeachment as an upside to Democrats? Is she convinced that, by forcing Republicans to go on record, their votes to acquit will be punished by voters? If it’s not, what is it?

    • skua says:

      Don’t know Nancy.
      But the Senate trial has a dice being rolled. And while the odds of it coming up “guilty and barred” are very low they are greater than zero.
      And Trump appears to have had a wet blanket thrown over his gob – with time devoted to lawyer conferences probably – this has given The Deluded some increased chance of regaining some common sense.
      And if Trump is found to be involved in any planning for the insurgency then the Repubs will be carrying their two defenses of an blatantly treacherous insurgent on their backs for years. Same for any other crimes that Trump is found to have participated in.

      • PeterS says:

        I like your optimistic tone, but I don’t know what principle of modern politics suggests that the Republicans will be “carrying something on their backs for years”, whatever happens.

        The Ukraine extortion couldn’t have been more blatant, the mishandling of covid was out in the open, and the Big Lie was pushed in our faces for months.

        Unless we’re imagining Trump being personally involved in a plot to kidnap or kill members of Congress?

      • Spencer Dawkins says:

        I am naturally optimistic, and also not the Nancy Whisperer.

        I might add that (as Bmaz pointed out) the investigation (in the real world) is just getting started and the news (in the real world) is worse for Trump every day.

        I can’t imagine this will happen, but I would ADORE it if one of the various jurisdictions that is investigating Trump filed for extradition the day before the Senate votes …

  10. Savage Librarian says:


    He fakes a steal,
    He wakes a zeal,
    He snakes a deal,
    He stakes a heel.

    He opaques a spiel,
    He forsakes the real,
    He makes ‘em squeal,
    He breaks appeal.

    • harpie says:
      3:17 PM · Feb 10, 2021 [VIDEO of Del. Plaskett re: coordination]

      [Del. PLASKETT]: President TRUMP became directly involved with the planning of the event, including speaking lineup, even the music to be played, just as he chose the music for his retweet of the caravan driving the Biden Harris bus off the road with that fight song. And he brought the same people who spoke at the second Million MAGA Rally to help as well.

      Trump’s campaign advisor, Katrina Pierson [sp?], who you recall, said on December 12, that this is only the beginning, we are the cavalry, also became directly involved in planning the event. They even sent out invitations together. This is Amy Kremer, one of the founders of Women for America First, tweeting the invitation [2:08 PM Jan 5, 2021], tagging Donald Trump and other organizers, inviting the same supporters who had just engaged in serious violence at the second Million MAGA Rally to show up to the largest rally to #StopTheSteal.

      And President Trump seemed to have other plans for what was going to happen at that rally too. Women for America First had initially planned for the rally goers to remain at the Ellipse, until the counting of the state electoral slates was completed, just like they had remained at Freedom Plaza after the second Million MAGA March. In fact, the permit stated, in no uncertain terms, that the march from the Ellipse was not permitted. It was not until after President Trump and his team became involved in the planning, that the march from the Ellipse to the Capitol came about.

    • harpie says:

      In response to Plaskett’s report, nycsouthpaw retweeted Greg Palast:
      5:11 PM · Feb 10, 2021

      Hot damn, the impeachment managers picked up our story on the lack of permit for the march to the Capitol. It’s not small, it meant the DC police were unprepared. Trump knew this would happen. When you violate the law and someone dies, it’s called murder. [link]

      Insider: White House was Warned March was Illegal
      Trump’s Call to March Broke Organizer’s Promise to DC Police
      January 15, 2021

      […] As a result, the Metro police were stunned, undermanned and unprepared for Trump’s surprise launch of thousands of his enraged Trump supporters, some armed, on the Capitol. […]

      NOW I’m thinking about Hunter Walker‘s VIDEO of the march where the SIRENS were blaring throughout the whole thing. The POLICE could NOT get through. He thought they were DHS.

    • harpie says:

      Also, the “nuclear football”:

      Military officials overseeing the authorization process to launch nuclear weapons were unaware on January 6 that then-Vice President Mike Pence’s military aide carrying the “nuclear football” was potentially in danger as rioters got close during the violent Capitol insurrection, according to a defense official. […]

    • harpie says:

      Eye witness, photographer Igor Bobic:

      2:16 PM Protesters have breached the Capitol. They’re outside the Senate chamber [PHOTO]
      2:17 PM This is happening [outside the Senate Chamber] [PHOTO]
      2:20 PM Police officers are holding them steps away from the Senate chamber, which is locked. Senators are inside. I see a few confederate flags. [PHOTO]
      2:20 PM Capitol is on lockdown as protesters storm front entrance of the Capitol. They are banging on the door. They have broken the glass window. [VIDEO]
      2:23 PM A dense group of protestors has shattered the windows of the Capitol. We can hear roaring chants of “USA” outside. [VIDEO]
      2:24 PM Some sort of gas has been set off. I’m not sure by whom. Police seem to be trying to deescalate and talk to them. [outside the Senate Chamber] [PHOTO]
      2:25 PM “If we don’t get justice, this will never stop,” one protester yells I count about 10 protesters by the Ohio Clock [No photo]
      2:28 PM Looks like a lot more protesters walking through the Rotunda toward the House chamber [PHOTO]
      2:31 PM That’s the confederate flag flying outside the Senate chamber [PHOTO]
      2:45 PM Protesters are on the third floor of the Senate, walking door to door, shouting “Where the fuck are they?” [PHOTO]
      They’re in the gallery [PHOTO]
      2:47 PM They’re in the chamber. One is up on the dais yelling “Trump won that election!” This is insane [PHOTO]

      Links here:

    • harpie says:

      Herrera Beutler Again Confirms Conversation with McCarthy Regarding January 6 U.S. Capitol Attack
      Washington, February 12, 2021

      Congresswoman Jaime Herrera Beutler (WA-03) today released the following statement confirming again a conversation with House Minority Leader Kevin McCarthy regarding the January 6 U.S. Capitol attack:

      “In my January 12 statement in support of the article of impeachment, I referenced a conversation House Minority Leader Kevin McCarthy relayed to me that he’d had with President Trump while the January 6 attack was ongoing. Here are the details:

      “When McCarthy finally reached the president on January 6 and asked him to publicly and forcefully call off the riot, the president initially repeated the falsehood that it was antifa that had breached the Capito. McCarthy refuted that and told the president that these were Trump supporters. That’s when, according to McCarthy, the president said: ‘Well, Kevin, I guess these people are more upset about the election than you are.’ […]

      “To the patriots who were standing next to the former president as these conversations were happening, or even to the former vice president: if you have something to add here, now would be the time.”

    • harpie says:

      KC = Kaitlan Collins

      1:23 PM [KC] President Trump just returned to the White House. Many of his supporters are on their way.
      1:29 PM [KC] Multiple buildings on the Hill are now being evacuated.
      1:36 PM [KC] McConnell says the election was not that close.
      2:06 PM [KC] The US Capitol is now on lockdown.
      Hunter Walker reports DHS cars going to toward the Capitol with SIRENS can’t get through the crowd
      2:10 PM -2:14 PM (est.) [text in brackets is paraphrased]
      P = President C=Coach

      C to P: [There are RIOTERS breaking into my office through the windows.]
      P to C: [The RIOTERS are ANTIFA]
      C to P: [NO, they’re Trump supporters.]
      TRUMP: ‘Well, Kevin, I guess these people are more upset about the election than you are.’
      “Who the f–k do you think you are talking to?”

      2:13 PM PENCE was escorted off the Senate floor.

      TUBERVILLE: ‘Mr. President, they just took the vice president out, I’ve got to go.

      2:24:22 PM TRUMP tweets Pence didn’t have the courage […]
      2:25 PM [KC]: I’ve asked the White House for a comment from President Trump on the chaos unfolding on Capitol Hill right now by a mob wearing MAGA sweatshirts and waving Trump flags. No response yet.
      2:26:06 PM VIDEO shows PENCE/family being evacuated

  11. harpie says:

    Rally 1/6/21
    9:16 AM · Jan 6, 2021 [VIDEO THREAD]

    9:16 AM Mo BROOKS “Today is the day American Patriots start taking down names and kicking ass.”
    9:49 AM [SPEAKER?] “We’re not gonna complain. We’re not gonna cry in the streets”
    10:00 AM [just after] Roger STONE [with Oath Keeper security guards] seen outside the Willard Hotel. Rudy GIULIANI [possibly with John EASTMAN] also seen, leaving the hotel, and entering a black SUV.
    10:15 AM Eric TRUMP
    10:19 AM Kimberly GUILFOYLE “The best is yet to come!”
    10:22 AM Donald TRUMP, JR.
    10:23 AM

    And it should be a message to all the Republicans who have not been willing to actually fight. (cheering) The people who did nothing to stop the steal. This gathering should send a message to them. This isn’t their Republican Party anymore. (cheering) This is Donald Trump’s Republican Party. (cheering) This is the Republican Party that will put America first. […] You have an opportunity today. You can be a hero, or you can be a zero. […]
    (Fight for Trump! Fight for Trump! Fight for Trump!) That’s right, guys. That’s the message! These guys better fight for Trump. Because if they’re not, guess what? I’m gonna be in your backyard in a couple of months. (cheering) Guys like Scott, here. (pointing first row) Look at, wow! OK, I can’t go through the whole list, cause I don’t have forty-five minutes to go through all the patriots that have been fighting, that have been on the ground, that have mobilized to put good Republicans in those positions. Guess what, folks. If you’re gonna be the zero, and not the hero, we’re coming for you and we’re gonna have a good time doing it. (cheering) We gotta start fighting like the Democrats do.

    10:41 PM Madison CAWTHORN

    My friends, I want you to chant with me so loud that the cowards on my Washington DC that I serve with can hear you. While I leave, lets get a chant so Donald Trump knows who supports him. (with crowd): USA! USA! USA! USA! USA!

    10:42 AM Rudy GUILIANI arrives with John EASTMAN
    10:45 AM A campaign ad is playing:
    [woman’s voice]: Raphael Warnock attacks our military. Only Georgians can stop them.
    10:48 AM Rudy GIULIANI:

    Number one: Every single thing that has been outlined as the plan for today, is perfectly legal. I have Professor EASTMAN here with me to say a few words about that. He’s one of the preeminent constitutional scholars in the United States. (cheering) It is perfectly appropriate, given the questionable constitutionality of the Election Counting Act of 1887, that the Vice President can cast it aside, and he can do what a president called Jefferson did, when he was Vice President. (cheering) He can decide, he can decide on the validity of these crooked ballots, or he can send it back to the legislatures, give them five to ten days to finally finish the work. We now have letters from five legislatures begging us to do that.

    10:50 AM GIULIANI:

    Now if they ran such a clean election, why wouldn’t they make all the machines available immediately? (cheering) If they ran such a clean election, they’d have you come in and look at the paper ballots. Who hides evidence? Criminals hide evidence. Not honest people. So, over the next ten days we get to see the machines that are crooked, the ballots that are fraudulent, and if we’re wrong, we will be made fools of. But if we’re right, a lot of them will go to jail. (loud cheering) So, let’s have trial by combat! (loud cheering) […]

    I’m willing to stake, I’m willing to stake my reputation, the president is willing to stake his reputation, on the fact that we’re gonna find criminality there. (cheering) Is Joe BIDEN willing to stake his reputation that there’s no crime there?

    10:55 AM John EASTMAN:

    They were unloading the ballots from that secret folder, matching them. Matching them to the unvoted voter, and voila!, we have enough votes to barely get over the finish line. We saw it happen in real time last night, and it happened on November third as well. And all we are demanding of Vice President Pence is this afternoon at one o’clock, he let the legislatures of the state look into this so we get to the bottom of it, and the American people know whether we have control over the direction of our government, or not. (loud cheering) We no longer live in a self-governing republic if we can’t get the answer to this question. This is bigger than President Trump. It is the very essence of our republican form of government, and it HAS to be done. And anybody that is not willing to stand up to do it, does NOT deserve to be in the office. It is THAT simple. (loud cheering)

    10:59 AM Movie at the Ellipse: A Study in Fascist Propaganda Scholars on the Nazis and anti-Semitism have seen this before Jason Stanley February 4, 2021

    12:00 PM TRUMP begins his speech. He finishes at about 1:10 PM.

    • harpie says:

      1] Here’s a TRANSCRIPT of Trump’s speech by the AP:

      2] Rupar’s thread continues with VIDEO clips of the speech [most of which have on screen timestamps], so the timing can be cross referenced between the two, approximately.

      1:00 PM Split screen of
      a] Trump putting massive pressure on Pence to try to overthrow the election while
      b] Pence gets ready for the joint session
      1:02 PM · Jan 6, 2021

      1:00 PM[approx]

      TRUMP: The Republicans have to get tougher. You’re not going to have a Republican Party if you don’t get tougher. They want to play so straight. They want to play so, sir, yes, the United States. The Constitution doesn’t allow me to send them back to the States. Well, I say, yes it does, because the Constitution says you have to protect our country and you have to protect our Constitution, and you can’t vote on fraud. And fraud breaks up everything, doesn’t it? When you catch somebody in a fraud, you’re allowed to go by very different rules.

      So I hope Mike has the courage to do what he has to do. And I hope he doesn’t listen to the RINOs and the stupid people that he’s listening to.

      1:02 PM PENCE tweets three images-a letter indicating he will follow protocols in counting the Electoral College votes.

      • harpie says:

        1:10 PM [approx.]

        TRUMP: And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore. Our exciting adventures and bold endeavors (crowd chants “Fight like hell!”) have not yet begun, my fellow Americans, for our movement.

        So we’re going to, we’re going to walk down Pennsylvania Avenue. I love Pennsylvania Avenue. And we’re going to the Capitol, and we’re going to try and give. The Democrats are hopeless, they never vote for anything. Not even one vote.

        But we’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country.

        So let’s walk down Pennsylvania Avenue.
        I want to thank you all. God bless you and God Bless America.
        Thank you all for being here. This is incredible. Thank you very much. Thank you. (applause, cheering)

  12. harpie says:

    TRUMP’s 1/6/21 SPEECH – [Cliff’s notes]
    12:00 PM Ranting about the media
    12:02 PM Ranting about the radical-left Democrats and the media
    12:06 PM Comparing USA to third world countries
    12:11 PM Bashing weak Republicans [McConnell]
    12:12 PM Ranting about the election
    12:13 PM Bashing weak Republicans [Romney]
    12:13 PM Bashing weak Republicans [Pence]
    12:16 PM TRUMP:

    Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. (cheering) We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated.

    12:22 PM Ranting about Hillary Clinton
    12:29 PM Bashing weak Republicans [Kemp]
    Ranting about Stacey Abrams and Michelle and Barack Obama
    12:29 PM Bashing weak Republicans [Barr]
    12:38 PM Ranting about Hunter Biden
    12:40 PM Ranting about Twitter, etc and shadow banning and:

    I’ve been telling these Republicans, get rid of Section 230. (cheering) And for some reason, Mitch and the group, they don’t want to put it in there and they don’t realize that that’s going to be the end of the Republican Party as we know it, but it’s never going to be the end of us. Never.

    12:45 PM Bashing weak Republicans [“the Liz Cheney’s of the world”]
    12:46 PM Bashing weak Republicans [Brad Raffensperger]
    12:49 PM Bashing weak Republicans [Pence] [“I’m not hearing good stories.”]
    12:53 PM Ranting about the election
    1:00 PM The WHOLE election was fraudulent and

    When you catch somebody in a fraud, you’re allowed to go by very different rules.

    1:10 PM [Let’s walk down Pennsylvania Avenue and give the weak Republicans] “the kind of pride and boldness that they need to take back our country.”

    • harpie says:

      Add: [just before the one about BARR]

      12:29 PM Bashing weak Republicans [Supreme Court, Kavanaugh]

      You know, look, I’m not happy with the Supreme Court. They love to rule against me. I picked three people. I fought like hell for them. One in particular, I fought. […story about how he fought for Kavanaugh…] But it almost seems that they’re all going out of their way to hurt all of us and to hurt our country. To hurt our country.

    • harpie says:

      TODAY at the Senate Impeachment trial:
      AP FACT CHECK: Trump team glosses over his Jan. 6 tirade
      CALVIN WOODWARD 2/12/21

      Donald Trump’s legal team thoroughly distorted his remarks from the rally that prefaced the storming of the Capitol last month, seizing on the one instance when Trump spoke of peaceful protest in his “fight like hell” tirade of anger and grievance. […]

      • harpie says:

        About this comment [one that really makes my blood boil]:

        — [TRUMP]: “When you catch somebody in a fraud, you are allowed to go by very different rules.”

        Despite this remark, van der Veen argued Friday that the “entire premise” of Trump’s rally speech was that the democratic process should “play out according to the letter of the law.”

      • Eureka says:

        And we all know the hateful tirades are the point.

        SB Sunday pre-game, casual fun time. Then they announce, ~ “And now the President and First Lady…” and I literally flinched. Body parts need to catch up to each other; reduced vigilance because we do have our new POTUS and FLOTUS (and had all of those post-1/8 days off from the twitter-MSM spiral!) but some items pop up which require reconditioning with time and exposure. T’was an instructive moment.

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