3.0/ My journey into learning about January 6, 2021 began when I encountered the homonymous book at my father’s house. It was clear by the subtitle there would be a right-leaning bias, so I looked into other perspectives after I completed the book - ideally protestors’ points of views and/or a member of Congress involved in the event. I found Ben Hamilton’s “‘Sorry Guys, We Stormed the Capitol’: Eye-Witness Accounts of January 6” and Jamie Raskin’s “Unthinkable: Trauma, Truth, and the Trials of American Democracy.” The official report won’t be out for 3 months, so here is a layman’s best effort to make sense of the chaos (on vacation, no less!) as I review Ms. Kelly’s approach and assertions:
Ms. Kelly provides a very fair portrayal of the events of 1/6/21. She goes out of her way to be very thorough, although her contextual descriptions and interpretations are often guided by significant confirmation bias. Nevertheless, she is exhaustive in the topics she chooses to include. She goes out of her way to see Trump supporters and rallies through a reverential or celebratory lens, and any critics (even within the Republican Party) acquire a much more critical tone.
I agree with her that “Like any battle scene, the facts that emerge after the dust settles often tell a more nuanced story - the line between the bad guys and good guys can blur.” I agree the vast majority of people who attended the presidential rally were patriotic Americans participating in a peaceful protest. I agree “it is true that Trump at times unwisely chose to focus on far fetched, hard-to-prove election fraud claims rather than provable violations of election law in key states.” I agree “it is indisputable that some police officers sustained grave injuries and numerous people committed serious crimes. Protesters who attacked police officers attempting to do their job should and will be held accountable.” I agree 1/6/21 will be remembered as one of the darkest days in America’s history (because of the attempts to disrupt the transfer of power and the hundreds of people injured/imprisoned, not as a pretext for the government to target the political right). I agree “Reasonable people can agree that the events of January 6 should not have taken place. Things got out of hand, and those who intentionally broke the law clearly deserve to be punished.” I agree with her summary of FBI Director Christopher Wray there were three groups (inverted pyramid): 1) peaceful, maybe rowdy protestors, who didn’t violate the law; 2) people swept up by emotion into low-level criminal behavior (trespassing); and 3) the small group who breached the Capitol grounds, who engaged in violence against law enforcement, and attempted to disrupt the members of Congress in the conduct of the constitutional responsibilities. Wray went on to say, “And some of those people clearly came to Washington … with plans and intentions to engage in the worst kind of violence we would consider domestic terrorism” (a point Ms. Kelly clearly would not support).
Ms. Kelly leaves her position vague, but sympathizes with protesters. In one of her more insightful passages, she says that the “refusal of the courts, the main stream press, and establishment politicians to take their concerns seriously… inflamed their sense that some kind of grand conspiracy was taking place. So, it’s no wonder that so many … believed a literal coup had occurred and that Biden was an illegitimate president. To people in this state of mind, rebellious actions are not only permitted, but may be required. The same logic had earlier applied to the anti-Trump resistance, and to the violent aspects of the George Floyd protests that summer.” (56) So many times I wondered if she could gain some perspective or solidarity across the great ideological divide - on this point, or later concerns about the application of police force, prison conditions, or mass imprisonment (in this case, of Capitol protestors). No such luck.
Another trend is an inversion of facts that I cannot reconcile. She is quick to imply a Biden-endorsed “coup” above, but can’t imagine that Trump’s efforts to reverse the popular election results could possibly be a “self coup” (an illegal attempt to retain power) even if the results were upheld by every court he challenged (62 cases!), swing state GOP legislators, his own VP, Senate Majority Leader, Attorney General, daughter and son-in-law. Never does she consider that the courts and bipartisan “establishment politicians” are the checks and balances that define our democracy, and solidarity among all these often opposing groups against a single man trying to maintain power may suggest serious errors in her logic.
Ms. Kelly focuses on small points or creative interpretations to minimize the aspects of the protest that don’t fit her narrative. Here are a few examples:
1. Armed insurrection: The event was not an “insurrection” because it was not organized and coordinated, not armed (with guns), and, most importantly, there was no plan of action once the group seized the reins of power (88). Let’s take this apart:
A) Organization - It is clear the most violent paramilitary element planned the attack on the Capitol in advance, and executed using walkie-talkies and ear pieces during the protest. She admits the head of the Oath Keepers vowed an insurrection the day after Biden was declared winner, and they were prepared to use weapons stored in a Virginia hotels if summoned by the President. She admits the Proud Boys spent months planning, funding, and coordinating their response. Yet somehow the riot was spontaneous. [Of note, Hamilton provided some interesting insight on the “lack of coordination” supposition: “The crowd used a flanking maneuver on the police to get into the building, i.e., they forced the police to concentrate into one area, then quickly moved their assault to a different, less defended area…. It shows the crowd was unusually organized and it was focused specifically on getting inside the building. That’s not what one might expect from a spontaneous riot of people wearing silly costumes.”]
B) Arms - Apparently bear mace, batons, pipes, bats, tasers, hockey sticks, pitchforks (and various other flag-bearing weapons) did not count as “arms” (forget 1 million people chanting outside). [What “patriot” mounts a flag on a large pitchfork?]
C) No plan of action once inside - Yes, it is clear the protestors had no idea what to do once inside or how to seize the “reins of power”, but there were clear plans to “take the Capitol” to disrupt Congress. To me this represents a failed plan, not a lack of effort to intimidate (oooops, I meant “encourage”) legislators and disrupt the vote. As noted below, the pressure on legislators had a clear strategic goal (according to Raskin) - to force a 12th Amendment “contingent election” - whether the protestors knew the implications or not. Trump’s tweet during the riot “All Mike Pence has to do is send them back to the States, AND WE WIN” has new insight through this lens. While it seems far fetched on the surface, Raskin makes a compelling argument that most Senators and Representatives (including Mitch McConnell) felt was factually correct.
By my logic, acknowledging there was some level of clear planning and coordination to occupy the Capitol, this is still a failed unarmed insurrection at minimum. She admits several hundred of the protestors’ front lines violently engaged police immediately and entered the Capitol by force even before Trump began his speech. They were by no means “peaceful.” While these points seem petty, they block her from analysis of all the substance of the impeachment trial where no one doubted this was a failed insurrection. The coup d’état failure she mentions assumes the grand plan was for the protestors to take over power. However, as Raskin successfully argued in the House, and 57 of 100 Senators supported, the real goal was a “self coup” where the election was forced into a “contingent election” in the House that mathematically would have made Trump the winner. Read Raskin for details.
2. White supremacist militia groups - She is upset with the “white supremacist” description of the Proud Boys, Oath Keepers, and Three Percenters because there were no racial slurs or angles. I am not sure how she would know about racial slurs this through photos and sporadic smartphone video. Many of these groups actively recruit military personnel and openly offer to serve in a militia capacity. Her emphasis to refute the “white supremacy” description is irrelevant when their paramilitary skills are the main concern. [Of note, Raskin noted African American Officer Dunn reported hearing the N-word dozens of times during the riot: “I got called the N-word fifteen times today… I sat down with one of my buddies, another Black guy, and tears just started streaming down my face. [And] I said, ‘What the [f—-], man? Is this America?” (331)]. Not a “great” America, that is for sure.
3. Obstruction of Congress - She disagrees the Oath Keepers intended to disrupt Congress because Congress was in recess at the time they stormed the building. She was well aware the recess was caused by rioters actively breaking into the Capitol chambers with Congressmen still inside, but that apparently was a moot point. “Indeed, it appears that far from acting as a paramilitary force trying to storm and occupy the US Capitol, the Oath Keepers were LARP-ing, i.e. ‘live action role playing,’ enacting a scene designed to look meaningful when, in fact, it accomplished nothing.”(87) Hmmm - that sounds like a reach. The “role playing” bought many of them prison terms.
4. The aggressors - She feels the riot was spontaneous demonstration that turned ugly, provoked by police overreaction and shadowy FBI informants in the crowd. She blames the police “overreaction” to one million people descending on the Capitol as the main problem, not the well orchestrated battle plan by front-line protestors, or the crowds’ polar response to Pence’s lack of support to Trump’s claims. [Of note, security used the same techniques on the June 2020 Washington BLM and Lafayette Square protests, and neither of them disintegrated into large scale mob violence.] I believe Ben Hamilton summarized my confusion on the aggression point: “… in what strange, upside-down world does that make sense? I’m pretty sure the team trespassing in the halls of Congress, with Congress in session, is the one playing offense, lady. They’re the aggressive team, moving forward into places they aren’t supposed to be. The blue team is playing defense, they’re not aggressive. Their job is literally to defend this place and push back intruders or, you know shoot them. The reason these cops even have guns is for situations like this, but they aren’t using them, and you’re lecturing them about being nicer to you? You’re the ones breaking in!” (68)
5. Ominous instigators - As mentioned previously, Kelly blames “shadowy FBI informants” or various left-wing forces for tipping the peaceful protest into an ugly riot. Because the front line of “protestors” immediately attacked the police (unprovoked), they point the finger at “shadowy” leftists as the trigger and catalysts for the treasonous behavior. It is unlikely any law abiding peaceful protestor would dismantle barriers and attack a police force the size of Dallas’s because someone whispered something in their ear. I believe Ben Hamilton captured the changing tone of the protestors as the day went on: “It belatedly dawns on everyone that you get in trouble when you do this kind of thing, so they chuck the QAnon Shaman in the trash, decide he is no longer part of ‘us’, and try to pin all the blame on him. MAGA couldn’t bear the thought that their own people had gotten them in trouble, so they needed a scapegoat who was an outsider.”
6. “But what about”: She uses the classic “but what about” distractions to justify some of the Capitol violence: “Some police were indeed injured to various degrees in the fighting. But it is also worth noting that nothing that occurred at the Capitol protest in terms of either physical or verbal abuse was not also done to cops all over the country during the BLM/Antifa riots the previous summer.” For sure there are many parallels worth exploring, and some are features of angry mobs (especially when antagonized by opposing extremists). However, saying “other groups did bad things, too” does not legitimize the violence on January 6.
7. She believes the death of Officer Sidenick - to the extent chemical irritants were involved - is more likely due to “friendly fire” than the protestors spraying bear mace at him. I am sure the immense stress of the day contributed to his demise as well, even if he did not die of blunt trauma (as implied in early analysis).
One common ploy used was what I call the “denominator defense”. Apparently, because the vast majority of people were nonviolent, patriotic Trump supporters simply supporting the President, we should dilute the magnitude of the attack on the Capitol. Examples [my emphasis]:
- “The incursion into the Capitol itself was not organized and planned by highly trained white supremacist militia groups - it was LARGELY a spontaneous event.”
- “Quite to the contrary of the Democrats’ narrative, the COLLECTIVE GOAL of hundreds fo thousands of Trump supporters at the Ellipse and later on Capitol Hill was not to stop the democratic process but to encourage Republican legislators to approve a plan to examine the election in key states.”
- “The VAST MAJORITY of those who attended Trump’s rally were there simply to support the President.”
- “Apart form some improvised weapons brought LARGELY for the purpose of resisting violent Antifa members, the crowd was not armed.”
- “Indeed, the idea that the brief disturbance at the Capitol - a chaotic political protest that had POCKETS of violence and featured MORE clownish behavior THAN criminal misconduct - rose to the level of an ‘insurrection’ or attempted coup d’état was absurd and overblown from the start.”
- “But the OVERWHELMING NUMBER of people involved in January 6 do not fit the media’s narrative of treasonous insurrectionists who wanted to hang Mike Pence or kidnap Democratic lawmakers with zip ties.”
How many highly trained “treasonous insurrectionists” do you need to stop Congress, injure security or legislators? 140 officers were injured, so we have to acknowledge they were there. Using her logic, if only 865 of over 1 million protestors were charged with crimes (less than 0.09%), what is there to talk about? When the denominator is 1 million people, what number of criminals is relevant? At no time does she show concern that a mob broke into the room where Pence and Pelosi were supposed to be standing chanting “Hang Mike Pence!”/“String ‘em up!” and saying “We were looking for Nancy to shoot her in the friggin’ brain, but we didn’t find her.” (There were people carrying nooses, and a gallows was erected outside the Capitol. Which “peaceful protestor” brought the full-sized gallows?!)
Ms. Kelly cannot figure out why Capitol protests are different than BLM or other social protests. This is because an attack on the Capitol with Congress in session has many more laws attached, moments of transfer of power are especially vulnerable to a democracy, and the top three legislators in line of presidential succession were actively pursued by the most violent of the mob. According to Hamilton, “fomenting insurrection and/or rebellion is specifically named into its own category of next-level punishments by Title 18, Section 2383 of the US criminal code.”
I agree with Ms. Kelly that it is sad the fallout for any nonviolent protestors labelled “insurrectionists” or imprisoned for multiple trespassing-related misdemeanors (Wray tier 2). Many of them were outcast at home and lost their jobs. As Ben Hamilton summarized: “At that moment, standing there with the people shouting about restoring democracy, it felt like the downtrodden were standing up to a corrupt government; that’s what they thought they were doing, even if it wasn’t true. And despite their many flaws and mistakes, I felt respect for that part of what they did.” It is true many protestors felt they were working on behalf of the President to protect democracy, so anything they did was righteous. However, it is hard for me to believe they did not notice the Capitol was off limits that day without appropriate security clearances. I am most concerned for the children of the 865 protesters thus far charged with crimes on January 6, as they may not see their parent(s) during their time in prison.
In conclusion, this book is an apology perspective. While I celebrate the extent of her depth and research on a number of topics, I struggle with the consistency of her logic. She spends so much of the book dwelling on the Wray Tier 1 (patriotic Trump supporters that broke no laws) and Tier 2 (low level law breakers = trespassers) while trying to minimize, average out or ignore the implications of Tier 3 (violent extremists that injured 140 police officers and overtly threatened the lives of legislators - most notably the top three in the presidential line of succession). I am not sure how she can say the event was a “spontaneous” riot when the depth of planning and coordination of paramilitary forces, and clear political timing and purpose were undeniable. One million people from 50 states do not spontaneously show up at the Capitol on the exact day and at the exact time they were counting the electors with no baseline speeches or any organized peaceful program. Perhaps Ben Hamilton summarized this point most eloquently: “Are they still protestors at this point? Were they ever?” Sadly, if she could not yield that even the most aggressive protestors were insurrectionists (“armed” or not), she couldn’t even approach the most frightening data and topics Jamie Raskin showed Congress during the 2nd impeachment trial. Read that book for a true thriller. I couldn’t help but wonder that if a Biden speech or BLM protest lead the day and every other detail of the day was the same (minus slogans, of course), would she invert her conclusions? Would this be an obvious insurrection and/or coup attempt? Would she be so hard on law enforcement? Would police be violence instigators or heroes defending the Capitol?
Of note, a tremendously interesting but unexpected and unmistakable theme arose across all these three books: how similar the protest-level populist left and populist right are in their concerns about force delivered by police, the conditions and degree of mass imprisonment of their representative subsets, and concern that they are ignored by “establishment politicians” and the courts. How much violence could be avoided if these two passionate but “polar opposite” subgroups could work together to productively address these challenges? Food for thought.
Postscript:
If you would like the most honest and comprehensive view of protestors’ mindsets and actions on January 6, read Ben Hamilton’s book. He is very funny and has no ideological skin in the game. He takes the time to challenge protestors on some of their premises, and his reflections show significant insight into the challenges of the day.
As mentioned above, Jamie Raskin’s “Unthinkable” is beautifully written and incredibly well thought out. His discussion about Trump’s goals to trigger a “contingent election” in the House is very interesting, and sheds important light on the events of the day. The parallels he drew to the storming of the Michigan State Capitol are very frightening, but make for a compelling thriller.