{"slug":"trump-january6-incitement-trial-immunity","title":"January 6: Capitol Insurrection, Incitement, Second Impeachment, Supreme Court Immunity","date":"2021-01-06","lastUpdated":"2024-07-01","description":"On January 6, 2021, following a rally at which Trump urged supporters to march to the Capitol, a mob attacked the U.S. Capitol building, killing 5 people and injuring more than 140 police officers, interrupting the certification of the 2020 presidential election. Trump was impeached a second time — for incitement of insurrection — by a 232-197 bipartisan House vote. He was acquitted in the Senate 57-43, with the majority voting to convict but short of the two-thirds required. Special Counsel Jack Smith indicted Trump on four federal counts related to the 2020 election and January 6; the Supreme Court's July 2024 immunity ruling severely curtailed the prosecution.","summary":"For hours after the Capitol was breached, Trump did not issue a clear call to stop; his 2:44 PM tweet telling rioters they were 'very special' and he 'loved' them was posted while the attack was ongoing. Congressional Republicans and aides documented attempts to get Trump to intervene that he ignored or dismissed. The second impeachment passed with 10 Republican House votes — the most bipartisan presidential impeachment vote in U.S. history. Senate Minority Leader McConnell stated on the Senate floor that Trump was 'practically and morally responsible' for January 6 before voting against conviction on jurisdictional grounds. The Supreme Court's July 1, 2024 immunity ruling effectively ended the federal prosecution.","category":"rule-of-law","severity":"critical","ongoing":false,"sources":[{"url":"https://www.nytimes.com/2021/01/06/us/politics/capitol-mob-trump-supporters.html","title":"Pro-Trump Mob Storms U.S. Capitol","publisher":"The New York Times"},{"url":"https://www.washingtonpost.com/politics/2021/01/07/trump-impeachment-incitement-insurrection/","title":"Trump Impeached for Incitement of Insurrection","publisher":"The Washington Post"},{"url":"https://apnews.com/article/trump-second-impeachment-january-6-insurrection","title":"Trump impeached a second time, charged with inciting insurrection","publisher":"The Associated Press"},{"url":"https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf","title":"Trump v. United States — Presidential Immunity Decision","publisher":"U.S. Supreme Court"}],"draft":false,"status":"published","tags":["January-6","insurrection","impeachment","post-presidency","rule-of-law","2020-election","Capitol","immunity"],"relatedEntries":[],"timeline":[{"date":"2021-01-06","title":"Capitol attack — Trump does not act for hours","summary":"Trump speaks at the Ellipse, urging supporters to march to the Capitol and 'fight like hell.' The Capitol is breached at 12:53 PM. For hours, Trump resists calls to intervene. At 2:44 PM he tweets attacking Pence. At 4:17 PM his video calls rioters 'very special.' Congressional certification resumes after midnight."},{"date":"2021-01-13","title":"Second impeachment — 10 Republicans join","summary":"The House impeaches Trump 232-197 for incitement of insurrection. Ten Republicans vote to impeach — the most bipartisan presidential impeachment in history. Trump is the first president impeached twice."},{"date":"2021-02-13","title":"Senate acquits 57-43 — McConnell says Trump morally responsible","summary":"The Senate acquits Trump 57-43; conviction required 67 votes. Seven Republicans vote to convict — the most bipartisan conviction vote in U.S. history. McConnell then gives a floor speech calling Trump morally responsible for the attack but says he voted to acquit on jurisdictional grounds."},{"date":"2023-08-01","title":"Jack Smith indicts Trump on four federal counts","summary":"Special Counsel Jack Smith indicts Trump on four counts related to efforts to overturn the 2020 election and January 6: conspiracy to defraud the U.S., obstruction of official proceedings, conspiracy to obstruct, and deprivation of civil rights."},{"date":"2024-07-01","title":"Supreme Court immunity ruling — prosecution curtailed","summary":"In Trump v. United States, the Supreme Court rules 6-3 that presidents have absolute immunity for core constitutional acts and presumptive immunity for official acts. The ruling substantially curtails the Smith prosecution. The case is returned to the district court for further proceedings."},{"date":"2025-01-20","title":"Trump pardons January 6 defendants upon return to office","summary":"On Inauguration Day, Trump pardons or commutes sentences for defendants convicted in connection with January 6, including those convicted of seditious conspiracy. Approximately 1,500 individuals have their cases resolved by executive action."}],"location":{"name":"U.S. Capitol, Washington, D.C.","lat":38.8899,"lng":-77.0091},"custom":{"era":"post-presidency","posture":"judicial-finding","warCrimeClassification":"enabling","internationalLaw":[{"statute":"International Covenant on Civil and Political Rights","article":"Article 25","provision":"Forcible interference with democratic electoral processes; the January 6 attack directly targeted the constitutional mechanism for transferring presidential power"}],"iccRelevance":false,"victims":"5 people died in connection with the Capitol attack; more than 140 police officers were injured including broken bones, lost fingers, concussions, and traumatic brain injuries; over 1,200 individuals were charged with crimes; the constitutional transfer of power was suspended for hours; members of Congress and Vice President Pence were evacuated under threat","structuredPerpetrators":[{"name":"Donald Trump","role":"President; delivered speech urging march to the Capitol; told supporters to 'fight like hell'; did not issue clear call to stop for hours after breach began; posted tweet calling rioters 'very special' while attack was ongoing","institution":"White House"},{"name":"Rudy Giuliani","role":"Trump's personal attorney; delivered speech urging 'trial by combat' before the march; participated in planning pressure campaign on Vice President Pence and state officials","institution":"Trump Campaign"}],"updateLog":[{"date":"2024-07-01","summary":"Updated with Supreme Court immunity ruling and its effect on Smith prosecution."}]}}