Mr. President, esteemed Members of the Senate, it is my solemn honor to be before you today. I am Madeleine Dean, Congresswoman from the Fourth Congressional District of Pennsylvania. I am a lawyer. I am a former professor of writing. I am…
Mr. President, esteemed Members of the Senate, it is my solemn honor to be before you today.
I am Madeleine Dean, Congresswoman from the Fourth Congressional District of Pennsylvania. I am a lawyer. I am a former professor of writing. I am a sister. I am a wife. I am a mother. I am a grandmother to three, with fourth on her way. I am a person of faith. And I am an American.
Along with Manager Lieu, I will present the actions of a desperate President, and we will present evidence today of a class of public servants who, standing up to enormous pressure from the President of the United States, did the right thing and upheld their oaths.
My colleagues just presented evidence of President Trump's months- long effort to incite his base, leading them to believe the election was stolen, that they needed to fight like hell to stop the steal on January 6.
These weren't President Trump's only efforts to overturn the results. Manager Lieu and I will present evidence of President Trump's relentless, escalating campaign to fabricate an election victory by ignoring adverse court rulings, pressuring and threatening election officials, attacking Senators and Members of Congress, pressuring the Justice Department, and finally bullying his own Vice President.
President Trump and his allies filed 62 separate lawsuits in Federal courts across more than half a dozen States and the District of Columbia, including Pennsylvania, my home State, as well as Arizona, Georgia, Michigan, Minnesota, Nevada, and Wisconsin. Of the 62 postelection legal challenges, he lost 61. Only one was successful, and that case involved ballot curing in Pennsylvania and had no impact on President Biden's 80,555-vote victory in our Commonwealth.
To be clear, not a single court, not a single judge agreed that the election results were invalid or should be invalidated. Instead, court after court reviewing these challenges said these cases were ``not credible,'' ``without merit,'' ``based on nothing but speculation,'' and ``flat out wrong.''
The judiciary resoundingly rejected Trump's fraud allegations and upheld the election results, but it was more than that. The court said these cases were different; they were dangerous to our democracy. For an example, in an opinion by United States District Court Judge Matthew Brann from Pennsylvania, he said:
[T]his Court has been presented with strained legal
arguments without merit and speculative accusations. . . . In
the United States of America, this cannot justify the
disenfranchisement of a single voter, let alone all the
voters of its sixth most populated state. Our people, [and]
laws, and institutions demand more.
Because this Court has no authority to take away the right
to vote of even a single person, let alone millions of
citizens, it cannot grant Plaintiff's requested relief.
That decision by Judge Brann was affirmed on appeal by Judge Stephanos Bibas, a Trump appointee who agreed and wrote:
The Campaign's claims have no merit. The number of ballots
it specifically challenges is far smaller than the roughly
81,000-vote margin of victory. And it never claims fraud or
that any of the votes were cast by illegal voters. Plus,
tossing out millions of mail-in ballots would be drastic and
unprecedented, disfranchising a huge swath of the electorate
and upsetting all down-ballot races.
Similarly, as Judge Linda Parker of the Eastern District of Michigan framed it--she said:
[S]tunning in its scope and breathtaking in its reach. If
granted, th relief would disenfranchise the votes of . . .
more than 5.5 million Michigan citizens who, with dignity,
[and] hope, and a promise of a [vote], participated in the
2020 General Election.
Donald Trump told his supporters: They are stealing the election. They took away your vote. It is rigged.
That was not true. According to judge after judge, the truth was exactly the opposite.
Trump was not suing to ensure election integrity; he was pursuing lawsuits that would, in effect, strip away American votes so that he could win. In other words, Donald Trump was asking the judiciary to take away votes from Americans so that he could steal the election for himself.
Then, after losing in all the courts, Trump turned to another tactic: pressuring and threatening election officials. You saw what happened in Michigan after Trump attacked the State and its election officials. His supporters surrounded the secretary of state's home, as you saw in the earlier slide, chanting, calling her a felon.
On November 17, the Board of Canvassers for Wayne County, MI, home to Detroit, unanimously certified the election results for Biden. That same night, after their vote to certify the results, Trump called the two Republican members of that board, pressuring them to change their minds. The call worked. The next day, both Monica Palmer and William Heartmann, the Republican board members, attempted to rescind their vote to certify Michigan's election results, but they simply couldn't.
President Trump didn't stop there. He then contacted majority leader of the Michigan Senate, Mike Shirkey, and the speaker of the Michigan House, Lee Chatfield, to lobby them to overturn Michigan's results. Trump invited Mr. Chatfield and Mr. Shirkey to Washington to meet with him at the White House, where the President lobbied them further.
Let's be clear. Donald Trump was calling officials, hosting them at the White House, urging them to defy the voters in their State and instead award votes to Trump. The officials held strong, and so Trump moved on to a different State, my home State of Pennsylvania. I am certain my Senators, Casey and Toomey, remember what happened there.
In early December, as he did in Michigan, he began calling election officials, including my former colleagues in the Pennsylvania Legislature, Republicans, Majority Leader Kim Ward
and Speaker of the House Bryan Cutler. Majority Leader Ward said the President called her to ``declare there was a fraud in the voting.''
Then, on November 25, President Trump phoned in to a Republican State senate policy hearing, trying to convince the Republican legislators, senators, and house members that there had been a fraud in the vote. He even had his lawyer hold a phone up to the microphone in that hearing room so the committee could hear him. Here is what he said:
(Text of audio presentation.)
President TRUMP. We can't let that happen. We can't let it
happen for our country. And this election has to be turned
around because we won Pennsylvania by a lot, and we won all
of these swing States by a lot.
This was a gathering--I have attended many, I have to tell you, as a former State legislator, a lot of policy hearings. I have to say with some confidence, that was likely the first time a President of the United States of America called in to a State legislative policy hearing.
And, remember, here is the President saying he won Pennsylvania, and Pennsylvania had been certified, that Biden had won by more than 80,000 votes.
Less than a week after calling in to that meeting, he invited multiple Republican members of the Pennsylvania Legislature to the White House--the same scheme he had used on the Michigan legislators. It didn't work with those public servants either.
Think about it. The President of the United States was calling public officials, calling from the White House, inviting them into the Oval Office, telling them to disenfranchise voters of their State, telling them to overturn the will of the American people. All so he could take the election for himself.
And then in Georgia, a State Trump had counted on for victory, his conduct was perhaps the most egregious. On November 11, Republican Secretary of State Brad Raffensperger confirmed that he believed ballots were accurately counted for Biden.
Trump went on a relentless attack. Here are just a few examples. In all, Trump tweeted at Raffensperger 17 times in the coming weeks--there are just a few--calling him a ``disaster,'' ``obstinate,'' not having a clue, being played for a fool, and being a ``so-called Republican,'' all because Raffensperger was doing his job, ensuring the integrity of our elections.
And these attacks had consequences. Mr. Raffensperger and his family received death threats:
Your husband deserves to face a firing squad.
You better not botch this recount. Your life depends [upon]
it.
The Raffenspergers should be put on trial for treason and
face execution.
Just some of the threats they received. After these death threats, on November 25, Mr. Raffensperger wrote an op-ed, where he said:
My family voted for [Trump], donated to him and are now
being thrown under the bus by him.
But he also noted:
Elections are the bedrock of our democracy. They need to be
run fairly and, perhaps more [importantly], impartially.
That's not partisan. That's just American.
It is important to remember that this wasn't just a random attack. Trump wasn't just criticizing a politician over policy or saying he didn't agree. Donald Trump was savagely attacking a secretary of state because the official did his job and certified the State according to how the people in that State voted.
Donald Trump was trying to undermine our elections by taking votes away from the American people so that he could remain President, and he was willing to blame and betray anyone--anyone--even his own supporters, if they got in the way. Remember, Senators, those threats were to Mr. Raffensperger's family.
So some may say Trump didn't know his attacks against Mr. Raffensperger would result in death threats--except that all of this was very public. The secretary published his op-ed in USA TODAY, and major networks, including FOX, covered the threats against the Raffenspergers.
What did Trump do? Did he stop? Did he say: No, no, supporters; that isn't what I meant? No. He doubled down.
Let's see the evidence.
(Text of audio presentation of 11-26-2020.)
President TRUMP. This was a massive fraud. This should
never take place in this country. We're like a third world
country. Look at--look at Georgia. But I understand the
secretary of state who is really, uh, uh, he's an enemy of
the people. The secretary of state--and whether he's
Republican or not, this man, what he's done.
. . . this character in Georgia, who is a disaster.
Let that sink in. A Republican public servant doing his job, whose family had just received death threats, and the President of the United States labeled him ``an enemy of the people.''
And that is why this is different, because this was not just one attack or one comment. This was attack after attack in the face of clear threats of violence.
And on December 1, another official, Gabriel Sterling, a Republican who voted for Trump, made this point and appealed directly to our President to stop his dangerous conduct:
(Text of audio presentation 12-1-20.)
Mr. STERLING. Mr. President, it looks like you likely lost
the State of Georgia. We're investigating. There's always a
possibility--I get it--and you have the right to go through
the courts. What you don't have the ability to do--and you
need to step up and say this--is stop inspiring people to
commit potential acts of violence. Someone's going to get
hurt, someone's going to get shot, someone's going to get
killed.
Mr. Sterling put this perfectly. In this country, we can appropriately challenge a close count or go to the courts or disagree with others or make bold statements, but what Trump was doing was different.
Someone's going to get hurt, someone's going to get shot,
someone's going to get killed.
Mr. Sterling saw what Trump's conduct was fomenting. He warned him on live TV that violence was already happening and that more violence was foreseeable and inevitable. Sterling's pleas were played over and over on every network.
Rather than heed that warning, Trump escalated again. In early December, Trump called Brian Kemp, the Governor of Georgia, and pressured him to hold a special session of the State legislature to overturn the election results and to appoint electors who would vote for Trump.
A few weeks later, on December 23, Trump called the chief investigator for the Georgia Bureau of Investigations, who was conducting an audit, an audit of the signature-matching procedures for absentee ballots. Trump urged him, ``[F]ind the fraud,'' and claimed the official would be a ``national hero'' if he did.
Let's call this what it is. He was asking the official to say there was evidence of fraud when there wasn't any. The official refused, and the investigation was completed. And on December 29, Raffensperger announced that the audit found ``no fraudulent absentee ballots'' with a ``99 percent confidence'' level.
On January 3, Trump tweeted about a call he had with Georgia election officials the day before. He said:
I spoke to Secretary of State Brad Raffensperger yesterday
about Fulton County and voter fraud in Georgia. He was
unwilling, or unable, to answer questions such as the
``ballots under the table'' scam, ballot destruction, out of
state ``voters'', dead voters, and more. He has no clue!
On January 5, the Washington Post released a recording of that call which had occurred on January 2--remember, just 4 days before the attack on the Capitol. Here is what President Trump said:
(Text of audio presentation of 1-2-2021.)
President TRUMP. It's more illegal for you than it is for
them because you know what they did and you're not reporting
it. That's the--you know, that's a criminal--that's a
criminal offense. And you know, you can't let that happen.
That's--that's a big risk to you and to Ryan, your lawyer.
That's a big risk.
Let's be clear. This is the President of the United States telling a secretary of state that if he does not find votes, he will face criminal penalties--and not just any number of votes. Donald Trump was asking the secretary of state to somehow find the exact number of votes Donald Trump lost the State by.
Remember, President Biden won Georgia by 11,779 votes. In his own words, Trump said:
All I want to do is this. I just want to find 11,780 votes.
He wanted the secretary of state to somehow find the precise number, plus one, so that he could win.
Here is what he said.
(Text of audio presentation of 1-2-21.)
President TRUMP. So, look, all I want to do is this. I just
want to find 11,780 votes, which is one more than we have.
He says it right there, the President of the United States, telling a public official to manufacture the exact votes needed so he can win.
Senators, we must not become numb to this. Trump did this across State after State, so often, so loudly, so publicly. Public officials like you and me received death threats and calls threatening criminal penalties, all because Trump wanted to remain in power. These public officials exercised great political and personal courage in the face of unprecedented pressure from a President of the United States.
Senators, ours is a dialogue with history, a conversation with the past, with a hope for the future.
Senators, I thank you today for your kind attention
For me and for many Americans, January 6 is forever etched in our memories.
I went to work with a sense of excitement--the start of my second term in Congress and the first time I would participate in the certification of a Presidential election.
And then we all know what happened. I know many of us have similar experiences from that day, but I will briefly share mine. I stood with colleagues in the Gallery above the House floor to observe the Arizona challenge. Moments later, police radios reported a breach of the Capitol grounds. Someone shouted up to us, ``Duck''; then, ``Lie down''; then, ``Ready your gas masks.''
Shortly after, there was a terrifying banging on the Chamber doors. I will never forget that sound. Shouts and panicked calls to my husband and to my sons, instructions to flee, and then the constant worrying of the gas masks filtering the air--the Chamber of the United States House of Representatives turned to chaos.
For Donald Trump, it was a very different day. Earlier, I showed you Donald Trump's desperate attempts to maintain power: ignoring adverse court rulings, attacking elected officials, pressuring his Justice Department, even attacking his own Vice President. You saw a man who refused to lose, who was desperate to retain power by any means necessary. You saw a man willing to attack anyone and everyone who got in his way, and you saw a man who thought he could play by different rules.
He told his supporters, as my colleague Ms. Plaskett just showed you, exactly what he thought those different rules were--combat, fight, violence.
This was not just one speech. This was weeks and weeks of deliberate effort by Donald Trump to overturn the election results so that he didn't have to give up the Presidency.
The speech on January 6 builds on, refers to, and amplifies that same pattern--the pattern Trump had used and broadcasted for months: He refused to lose, his attacks on others, and his different rules.
The only thing different about hi speech on January 6 from all these other times that we went through was that he was no longer telling his base just that they had to fight to stop the steal. He was finally telling them: Now is the time to do it. Here is the place, and here is how.
For weeks, he had urged his supporters to show up at a specific time and place, and when they got there, he told them exactly what he wanted.
Let's start with his desperation. You saw how much planning went into January 6, and when the day arrived, Donald Trump's desperation was in full force.
Between the time he woke up on January 5 and the start of the Save America March that next day, he had tweeted 34 times. When Donald Trump wants to get his message across, he is not shy, as you all know. These tweets were relentless. And these tweets all centered on his singular focus--his drumbeat to motivate, anger, and incite his supporters--his big lie: The Presidential election had been rigged. It had been stolen from him, and they had to fight to stop it.
And the timing was no coincidence. He sent 34 tweets because this was his last chance to rile up his supporters before the big, historic, wild event he had planned.
Now, I won't go through all of these tweets, but let me just highlight a few. At 1 in the morning, he tweeted:
If Vice President [Mike Pence] comes through for us, we
will win the Presidency. . . . Mike can send it back.
This will look familiar to you because Mr. Lieu just showed you how Trump had privately been pressuring and publicly attacking his Vice President to stop the certification.
And when Vice President Pence refused, when he explained that the Constitution simply does not allow him to stop certification, Donald Trump provoked his base to attack him. The late-in-the-evening tweet was no different. It just got more forceful.
Let's be clear. What Donald Trump was saying--that Vice President Pence could send back the certification--was not true.
For one thing, all 50 States had ratified this election. And for another, Vice President Pence explained to him that he does not have the power to unilaterally overturn States' votes and just send certification back.
And Donald Trump knew this, but this was his last chance to get his Vice President to stop the certification, and so he was willing to say or do just about anything.
These tweets--attacking the election as fraudulent, attacking his Vice President, and urging his supporters to fight--continued throughout the morning.
Here is another example. At 8:17 a.m. he tweeted:
All Mike Pence has to do is send it back to the States, AND