The most shameful day in American history

05 January

Donald Trump looks on as he issues executive orders and pardons for Jan. 6 defendants, whose names are seen on the document he holds on Inauguration Day in Washington, U.S., January 20, 2025. REUTERS/Carlos Barria/

Five years ago tomorrow was the most shameful day in American history.

We must not allow Trump to persuade America that it did not happen or that he was innocent, or let him deflect the nation’s attention from the fifth anniversary of what occurred that day.

Less than three weeks ago, Jack Smith, the former special counsel to the Justice Department, appeared before the House Judiciary Committee and testified under oath:

“Our investigation developed proof beyond a reasonable doubt that President Trump engaged in a criminal scheme to overturn the results of the 2020 election and to prevent the lawful transfer of power.”

The sole reason Donald Trump is not now behind bars is that Smith dropped the case after Trump was elected to a second term, because the Supreme Court’s ruling in Trump v. United States — written by Chief Justice John Roberts and joined by five other justices, three of whom were nominated by Trump — prevented the prosecution of a sitting president.

Let us ponder this for a moment.

Although the peaceful transfer of power lies at the heart of American democracy, Trump sought to overturn the result of the 2020 election. He is now president once again.

Five years ago tomorrow, on January 6, 2021, when Vice President Mike Pence walked into the Capitol, he faced a withering pressure campaign by Trump.

Trump and his henchmen had already twisted the arms of governors and election officials around the country to change the result of the election in his favor. They had coaxed loyalists in five swing states to submit signed certificates falsely claiming they were “duly elected and qualified” members of the Electoral College.

Pence was about to throw out the slates of false electors. As he began the electoral vote count, thousands of Trump supporters — many of them armed — stormed the Capitol. Some chanted they wanted to “hang Mike Pence” for refusing to block the certification.

They came directly from a rally Trump held on the Ellipse, in which Trump repeated his false claim that the election had been stolen and told the crowd, “If you don’t fight like hell, you’re not going to have a country anymore.”

According to the criminal indictment,

“After it became public on the afternoon of January 6 that the Vice President would not fraudulently alter the election results, a large and angry crowd — including many individuals whom the Defendant had deceived into believing the Vice President could and might change the election results — violently attacked the Capitol and halted the proceeding.”

The FBI estimated that between 2,000 and 2,500 people entered the Capitol Building in the attack,some of whom participated in vandalism and looting,including of the offices of members of Congress. Rioters also assaulted Capitol Police officers. They occupied the empty Senate chamber while federal law enforcement officers defended the evacuated House floor.

Within 36 hours, five people died. One was shot by Capitol Police; another died of a drug overdose; three died of heart attacks or strokes, including a police officer who died the day after being assaulted by rioters. Many were injured, including 174 police officers. Four other officers who responded to the attack died by suicide within seven months.

“President Trump was wrong,” Pence said subsequently. “I had no right to overturn the election. And his reckless words endangered my family and everyone at the Capitol that day, and I know history will hold Donald Trump accountable.”

A week after the attack, the House of Representatives impeached Trump for incitement of insurrection. In February 2021, after he left office, the Senate voted 57–43 in favor of conviction but fell short of the required two-thirds majority, resulting in his acquittal.

Senate Republicans then blocked a bill to create a bipartisan independent commission to investigate the attack, leaving the House to organize its own select committee.

After an 18-month investigation including more than 1,000 witnesses and nine televised public hearings, the House’s select committee identified Trump as the “central cause” of the Capitol attack by the pro-Trump mob.

The panel, made up of seven Democrats and two Republicans, voted unanimously to recommend charges to the Justice Department to prosecute Trump for seeking to overturn the results of the 2020 election.

Following a special counsel investigation by the Justice Department, Trump was indicted on four charges in August 2023.

As I’ve noted, all charges against Trump were dismissed after his reelection to the presidency.

Of the 1,424 people charged with federal crimes relating to the riot, 1,010 pled guiltyand 1,060 were sentenced and served time in prison. Enrique Tarrio, then the chairman of the Proud Boys, received the longest sentence, a 22-year prison term.

Upon retaking the presidency, Trump pardoned them all.

***

Trump and his lackeys in the Republican Party have since promoted a revisionist history of the event — downplaying the severity of the violence, spreading conspiracy theories, and portraying those charged with crimes as hostages and martyrs.

Trump has tried to recast the violent events as a “day of love.”

On December 8, 2024, in his first broadcast news interview since the 2024 election, Trump said members of the House committee that investigated the riot “should go to jail.”

***

We must never forget. We must teach our children and our children’s children and all future generations of Americans what happened on January 6, 2021— so that, as Mike Pence hoped, “history will hold Donald Trump accountable.”

January 6, 2021 was the most shameful day in American history. It should live in infamy, as should the traitor who refused to accept the election results and incited the attack on the U.S. Capitol — Donald J. Trump.

Robert Reich is a professor of public policy at Berkeley and former secretary of labor. His writings can be found at https://robertreich.substack.com/

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