January 6 panel to show Trump violated law by refusing to stop Capitol attack

The January 6 House select committee is expected to make the case at its hearing on Thursday that Donald Trump potentially violated the law when he refused entreaties to take action to stop the 2021 attack on the US Capitol by a mass of his supporters, according to two sources familiar with the matter.

Trump could have called on national guard troops to restore order when he saw on TV the melee unfolding at the Capitol, the panel is expected to argue, or he could have called off the rioters via a live broadcast from the White House press briefing room, but he did not. Or he could have sent a tweet trying to stop the violence far earlier than he actually did, during the 187-minute duration of the Capitol attack.

The former president instead only reluctantly posted a tweet in the afternoon of January 6, hours after his top advisors at the White House and Republicans allies in Congress repeatedly implored him to intervene, the select committee will show.

The sources described what the select committee sees as potential legal culpability for the former president, speaking on the condition of anonymity ahead of the prime time hearing.

Former Trump aide Cassidy Hutchinson testified in a previous hearing that Trump was so determined to go to the Capitol alongside his supporters that at one point, infuriated, he attempted to wrestle control of the steering wheel from the Secret Service in the presidential vehicle as they insisted he return to the White House.

Pottinger and Matthews are expected to testify about what happened when Trump was back at the White House, including details on Trump in his dining room off the Oval Office, where he watched the Capitol attack erupt on TV, transfixed by the images as rioters overran police and rampaged through the halls of Congress, the sources said.

The select committee will show through videotaped testimony from the Trump White House counsel, Pat Cipollone, and other aides, that the former president ignored repeated entreaties from advisers to help stop the Capitol attack, the sources said.

The select committee will also show that Trump never once called the national guard or other law enforcement, the sources said.

With Trump unwilling to act, the panel is expected to describe how the duties of commander in chief were effectively assumed by then vice-president Mike Pence, who was sheltering in a loading-dock on the Senate-side of the Capitol after lawmakers had to flee the chamber amid the violence.

The Guardian has also learned, according to another person directly familiar with the matter, that then first lady Melania Trump appeared to choose not to intervene with her husband or try and stop the Capitol attack herself.

Meanwhile, Cipollone told top aides that Trump might have legal liability, the sources said. And the hearing may present more details of the calls that mounted after the insurrection for Pence to convene the Cabinet and remove Trump from office through the 25th Amendment.