Why they rioted




















The rioters chant: "Where are you Nancy? One man breaks open the outer door to the office where the staff are hiding, but not the inner door. Another tries as well, but eventually moves on. At the same time, Mr Pence is evacuated to a secure location.

Rioters start to spread through the buildings. Others break in from outside through various doors around the building. They open the east side door of the rotunda to let more people in, flooding through the doors and overwhelming the officers.

The House floor debate is suspended to update members. House members are told to reach for tear gas masks and be prepared to use them. The House is called back into session in the hope of continuing the count. But minutes later the House is abruptly recessed. Members are told to get down under their chairs if necessary. Democratic Congressman Eric Swalwell sends a text to his wife: "I love you and the babies.

Please hug them for me". The mob outside the chamber grows larger and they get within feet of the house door. President Trump called Senator Mike Lee, according to the Utah Republican who has provided the trial lawyers with a copy of a log from his mobile phone. According to his office, he received a call from the White House switchboard number - and the call lasted four minutes. Mr Lee has said that apparently the call was meant for Alabama senator Tommy Tuberville, and that he handed his phone to his colleague.

They want me to get off the phone, I gotta go. House impeachment managers say it is further evidence that the president knew how much danger his vice-president was in.

Ashli Babbit is seen turning the corner towards the House lobby doors as members are leaving. In a hallway outside the House chamber, a group attempts to force its way through a set of locked doors. The glass window panes on the doors are shattered. A rioter uses a baton to smash through as the crowd around him chants "break it down, break it down".

Footage shows the hands of an officer on the other side, holding a gun and pointing it toward the mob. We hear a shot and see Babbitt fall to the ground. Indeed, Mr Trump's lawyers have suggested they will highlight his use of the word "peacefully" in the trial.

The president used "we" but he didn't join them as his supporters took the short walk from the rally to Congress. He said: "We're going to walk down to the Capitol and we're going to cheer on our brave senators and congressmen and women, and we're probably not going to be cheering so much for some of them. What is incitement under the law? Incitement is not a crime under the First Amendment unless it meets certain criteria. First of all, it has to be intended to cause violence and you infer that intent from the circumstances.

It also has to be likely to cause violence. If I go downtown and I say to two drunks standing in front of a bank, "let's rob this bank right now", I haven't really incited anybody, because it's not very likely they'll rob the bank. If I say let's meet here tomorrow and rip things up, I'm not inciting because - in the words of the Supreme Court - where there is time for better counsels to prevail, the remedy for speech is more speech.

The speech has to be likely to cause - and this is very important - imminent violent action. If this was a court of law, does Trump cross the line? It's quite rare that somebody can be convicted of incitement. In applying that to the president's speech at the rally, it's an agonisingly close case.

It's pretty goddamn imminent because he's telling people to march to the Capitol and I will march with you. There wouldn't be any time for better counsels to prevail because you're just going to leave the Ellipse and walk down Pennsylvania Avenue. He said we have to fight and show strength, but he also said we're very peacefully and patriotically going to ask, so he's covering himself.

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Cohen said the rioters could argue that they cannot be held personally responsible — or criminally culpable — because they believed they were following the orders of Trump, Sen. Josh Hawley. Whether the defense could succeed is a different story.

Cohen said he doubts juries will be lenient — or use this as a pathway toward a not-guilty verdict — but it could be used as a mitigating factor to reach a favorable plea or reduced sentence. Cohen pointed to the example of E. Howard Hunt, a former high-ranking CIA officer appointed to the Nixon White House staff who directed his underlings to carry out a host of illegal activities exposed during the Watergate scandal.

When caught, they cited the public authority defense and essentially argued that Hunt directed them to do it. Defendants could argue that a mental disorder, such as substance abuse, depression or bipolar disorder, made them particularly vulnerable to dangerous rhetoric. Daniel Richman, a former federal prosecutor and now a law professor at Columbia University, said shifting blame to Trump is unlikely to work as a defense in a criminal case.



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