[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9578 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9578
To provide that Donald J. Trump is ineligible to again hold the Office
of President of the United States or to hold any office, civil or
military, under the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2022
Mr. Cicilline (for himself, Mr. Blumenauer, Mr. Bowman, Ms. Brownley,
Mr. Cardenas, Mr. Carson, Mr. Casten, Ms. Chu, Ms. Clarke of New York,
Mr. Cleaver, Mr. Connolly, Mr. Danny K. Davis of Illinois, Mr.
DeSaulnier, Mr. Espaillat, Mr. Evans, Mr. Gomez, Mr. Green of Texas,
Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Jones, Mr.
Lamb, Ms. Lee of California, Mr. Lieu, Mr. Lowenthal, Mr. McGovern, Mr.
McNerney, Ms. Newman, Ms. Norton, Mr. Payne, Ms. Pingree, Ms. Roybal-
Allard, Ms. Schakowsky, Mr. Takano, Ms. Tlaib, Mr. Torres of New York,
Mr. Vargas, Ms. Velazquez, Mrs. Watson Coleman, Ms. Williams of
Georgia, and Ms. Wilson of Florida) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide that Donald J. Trump is ineligible to again hold the Office
of President of the United States or to hold any office, civil or
military, under the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Section 3 of the Fourteenth Amendment to the
Constitution of the United States states: ``No person shall be
a Senator or Representative in Congress, or elector of
President and Vice President, or hold any office, civil or
military, under the United States, or under any state, who,
having previously taken an oath, as a member of Congress, or as
an officer of the United States, or as a member of any state
legislature, or as an executive or judicial officer of any
state, to support the Constitution of the United States, shall
have engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof.''.
(2) Section 5 of the Fourteenth Amendment states: ``The
Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.''.
(3) The Presidency is an office under the United States.
(4) Mr. Donald J. Trump did engage in insurrection against
the United States by mobilizing, inciting, and aiding those who
attacked the United States Capitol on January 6, 2021, to
disrupt certification of the 2020 Presidential Election as
required by the Twelfth Amendment to the Constitution and the
Electoral Count Act of 1887 (3 U.S.C. 15), and a majority of
both the House of Representatives and the United States Senate
concluded as much through the House of Representatives' vote to
impeach Mr. Trump for high crimes and misdemeanors and the
majority of the Senate voting to convict Mr. Trump of
Incitement of Insurrection on February 13, 2021, with a vote of
57-43.
(5) Evidence has come forward that Mr. Trump and his
advisors strategically refused to accept the results of the
2020 Presidential Election in November 2020 and attempted to
cast doubt on the election results, including as follows:
(A) Recorded testimony by Jason Miller, former
Trump Campaign Senior Advisor, played during the June
13, 2022, hearing held by the Select Committee to
Investigate the January 6th Attack on the United States
Capitol (hereinafter referred to as the ``January 6th
Committee'') revealed that Rudy Giuliani, Mr. Trump's
lawyer, urged Mr. Trump to declare victory on election
night. Mr. Miller recalled Mr. Giuliani saying
``They're stealing it from us. Where did all the votes
come from?''.
(B) In the same hearing, recorded testimony by
William Stepien, former Trump Campaign Manager,
revealed that he encouraged Mr. Trump not to declare
victory but rather to say that votes were still being
counted and it was too early to declare a winner. Mr.
Stepien testified that Mr. Trump disagreed with this
approach.
(C) In the same hearing, recorded testimony by Mr.
Stepien alluded to a divide within the White House
between ``Team Normal'' and those insistent on
challenging the election, including Mr. Giuliani.
(D) The January 6th Committee presented evidence in
an October 13, 2022, hearing that an October 31, 2020,
draft statement prepared by Tom Fitton, an outside
advisor for Mr. Trump, indicated a plan for Mr. Trump
to declare victory on the night of the 2020 Election
before all ballots were counted or the final results
were known, claiming that all ballot-counting must stop
at that point in the evening.
(6) Evidence has shown that Mr. Trump attempted to
implement a detailed strategy, drafted by his lawyer, John
Eastman, to have Mr. Mike Pence refuse to certify the 2020
Presidential Election results on January 6, 2021, despite Mr.
Trump and his advisors being repeatedly advised that the plan
was unconstitutional, including as follows:
(A) A Memo from John Eastman to Mr. Trump outlined
a 6-point detailed strategy, titled ``January 6
scenario,'' to overturn the 2020 Presidential election.
(B) Mr. Eastman's plan involved Mr. Trump asking
Mr. Pence to refuse to certify certain electoral votes
from 7 States, announcing that there were no electors
validly appointed from these States and these States'
votes would need to be discarded, then announce the
majority of the valid electors voted for Mr. Trump
instead of Joseph Biden.
(C) The memo continued that if Members of Congress
opposed this unlawful change in the slates of electors
for these States, Mr. Pence was to declare that neither
candidate would reach the needed 270 electoral votes,
then call for the vote to be made by the House of
Representatives in a voting system that would assign
each State one vote, understanding that Republicans
controlled a majority of States and would most likely
vote for the re-election of Mr. Trump.
(D) Recorded testimony by Marc Short, Mr. Pence's
Chief of Staff, played during the June 16, 2022,
January 6th Committee hearing made clear that John
Eastman presented legal theories to Mr. Pence that
suggested that he had the authority to reject electors
who voted for President Biden. Mr. Short testified that
Mr. Pence was unconvinced by these theories, and in his
book, Mr. Pence wrote that he ``had told the president
many times that the vice president, as president of the
Senate, is afforded no authority to reject or return
votes to the states and no vice president in history
had ever asserted that authority.''.
(E) In the same hearing, recorded testimony by Mr.
Short confirmed that Mark Meadows, former White House
Chief of Staff, acknowledged to him multiple times
before January 6, 2021, that the Vice President had
``no role'' in changing the results of an election.
(F) In the same hearing, recorded testimony by Mr.
Miller revealed that Pat Cipollone, former White House
Attorney, expressed his belief that Mr. Eastman's
theory was ``nutty,'' and had told Mr. Eastman that he
thought so.
(G) In the same hearing, Greg Jacob, former counsel
to Mr. Pence, testified that Mr. Eastman acknowledged
in a January 5, 2021, conversation that if the matter
went in front of the Supreme Court of the United
States, they would lose, 9-0. Mr. Pence confirmed this
in his book, writing: ``. . . even Eastman had conceded
to Mr. Jacob that rejecting electoral votes was a bad
idea and any attempt to do so would quickly be
overturned by a 9-0 vote on the Supreme Court.''.
(H) In the same hearing, Mr. Jacob further
testified that Mr. Eastman acknowledged in that same
conversation that no other Vice Presidents, past or
future, should have the authority to reject the results
of an election. Despite this, Mr. Eastman reaffirmed to
Mr. Jacob that Mr. Pence ought to reject the results of
the election on January 6th.
(I) In the same hearing, recorded testimony by Eric
Herschmann, former White House Attorney, revealed that
Mr. Eastman acknowledged that he was willing to accept
that there may be violence as a result of his efforts
to overturn the election.
(J) In the same hearing, recorded testimony by Mr.
Short revealed that Mr. Pence advised Mr. Trump that
the Vice President had no legal or constitutional
authority to interfere with an election. In his book,
Mr. Pence wrote of the first time he heard of
challenging the election results: ``. . . there was no
ambiguity in the Constitution or the law about the role
of the vice president, and I never believed that the
vice president's role was anything more than
ceremonial.''.
(K) In his book, Mr. Pence also wrote that Mr.
Trump questioned why Mr. Pence opposed Congressman
Louie Gohmert's lawsuit filed in Federal court asking
``a Texas judge appointed by President Trump to declare
that [Mr. Pence] had `exclusive authority and sole
discretion' to decide which electoral votes should be
counted.''. Mr. Pence said that Mr. Trump ``came on
strong'' and said to him: ``I don't want to see `Pence
Opposes Gohmert Suit' as a headline this morning'' and
asked Mr. Pence ``if it gives you power, why would you
oppose it?''. Pence also wrote: ``I told [President
Trump], as I had told him many times before, that I did
not believe I possessed the power under the
Constitution to decide which votes to accept or reject.
He just kept coming.''. Mr. Pence said that Mr. Trump
replied by saying: ``You're too honest'' and told Mr.
Pence that ``hundreds of thousands are gonna hate your
guts'' and ``people are gonna think you're stupid.''.
(L) Mr. Pence wrote in his book that Mr. Trump told
him that ``[Mr. Pence had] the absolute right to reject
electoral votes,'' and told Mr. Pence ``You can be a
historic figure . . . but if you wimp out, you're just
another somebody.''.
(M) Mr. Pence also wrote in his book that Mr. Trump
told him ``I think you have the power to decertify.''.
Mr. Pence wrote that he told the President again that
he did not believe he had the authority, and that such
authority ``belongs to the elected representatives of
the people''. When Mr. Pence said that they had a duty
to support and defend the Constitution, Mr. Trump
reportedly called him ``naive'' and later suggested
that he would ``have to say that [Mr. Pence] did a
great disservice''.
(N) Mr. Jacob testified in the June 16, 2022,
January 6th Committee hearing that in the evening of
January 6, after the violence had been quelled, Mr.
Eastman contacted him to ask whether Mr. Pence would
consider ``one more relatively minor violation'' by
delaying the certification of votes for ten days.
(O) Mr. Trump and members of his administration
reportedly ran a ``command center'', which has also
been referred to as a ``war room'', in the days leading
up to and on January 6 at the Willard InterContinental
Washington, DC, hotel, with the purpose of preventing
the certification of Joseph Biden's victory in the 2020
Presidential election.
(P) This ``command center'' reportedly served as a
central location for members of Mr. Trump's
administration to attempt to convince legislators not
to vote for the certification of the 2020 Presidential
election results and to call on Mr. Trump's supporters
to pressure elected officials not to certify those
results.
(Q) Those working at the ``command center'' also
reportedly attempted to pressure Mr. Pence to delay or
block the certification of the 2020 Presidential
election results.
(R) Recorded testimony by Eric Herschmann, former
White House Attorney, played during the June 16, 2022,
January 6th Committee hearing revealed that Mr.
Giuliani seemed to concede on the morning of January 6
to Mr. Herschmann's belief that the Vice President had
no authority to reject the results of the election,
admitting: ``Look, I believe that you're probably
right.''.
(S) Despite advice that the Vice President could
not reject electors, including from Mr. Pence, on
January 5, 2021, Mr. Trump tweeted that ``The Vice
President has the power to reject fraudulently chosen
electors''.
(T) On January 6, 2021, when Mr. Pence did not
attempt to reject the electors, Mr. Trump tweeted:
``Mike Pence didn't have the courage to do what should
have been done to protect our Country and our
Constitution, giving States a chance to certify a
corrected set of facts, not the fraudulent or
inaccurate ones which they were asked to previously
certify. USA demands the truth!''. In Mr. Pence's book,
reflecting on the rioters ``ransacking the Capitol''
and some of them chanting ``Hang Mike Pence!'', he
wrote that ``[President Trump] had decided to be part
of the problem.''.
(7) Evidence has shown that Donald Trump intentionally cast
doubt on the legitimacy of the 2020 Presidential election
through promoting unfounded theories of voter and election
fraud, despite being advised no significant fraud existed,
including as follows:
(A) Donald Trump spent months promoting the false
narrative that the 2020 Presidential Election was
fraudulent, tweeting and making statements including:
``[b]ecause of the new and unprecedented massive amount
of unsolicited ballots which will be sent to `voters',
or wherever, this year, the Nov 3rd Election result may
NEVER BE ACCURATELY DETERMINED, which is what some
want'' on September 17, 2020; ``We have to win the
election. We can't play games. Go out and vote. Do
those beautiful absentee ballots, or just make sure
your vote gets counted. Make sure because the only way
we're going to lose this election is if the election is
rigged,'' on August 17, 2020; and ``With Universal
Mail-In Voting (not Absentee Voting, which is good),
2020 will be the most INACCURATE & FRAUDULENT Election
in history . . . It will be a great embarrassment to
the USA. Delay the Election until people can properly,
securely and safely vote???'' on July 30, 2020.
(B) Recorded testimony by former Attorney General
Bill Barr played during the June 9, 2022, January 6th
Committee hearing revealed that Mr. Barr had told Mr.
Trump that ``the idea of saying the election was stolen
and putting out this stuff . . . was bullshit.''.
(C) Recorded testimony by Mr. Barr played during
the June 13, 2022, January 6th Committee hearing
revealed that Mr. Trump complained that the Department
of Justice was not investigating claims of election
fraud, to which Mr. Barr replied that the Department
would investigate credible and specific claims, but the
Department was not an extension of the President's
personal legal team and suggested the election fraud
claims were ``just not meritorious''.
(D) In the same hearing, recorded testimony by Mr.
Barr further revealed that he found Mr. Trump's
allegations about the Dominion voting machines
perpetuating fraud to be disturbing: ``. . .
`disturbing' in the sense that I saw absolutely zero
basis for the allegations.''.
(E) Recorded testimony by Ivanka Trump, Mr Trump's
daughter, played during the June 9, 2022, January 6th
Committee hearing revealed that she accepted Mr. Barr's
conclusion that there was no evidence of fraud
sufficient to overturn the election.
(F) In a June 13, 2022, January 6th Committee
hearing, Al Schmidt, former City Commissioner of
Philadelphia, testified that there was no significant
evidence of voter fraud in the 2020 election in his
State like Mr. Trump had claimed.
(G) In the same hearing, Byung J. ``BJay'' Pak,
former U.S. Attorney for the Northern District of
Georgia, testified that Mr. Trump requested that he
investigate a video which he believed showed election
workers pulling out a suitcase of ballots in Atlanta,
Georgia. An investigation revealed that the suitcase
was in fact an official lockbox, and Mr. Pak confirmed
his investigations found no evidence of widespread
voter fraud sufficient to undermine confidence in the
election results in Georgia. Mr. Pak reportedly
resigned in January 2021 in response to pressure from
Mr. Trump to overturn the results in Georgia.
(H) In the same hearing, recorded testimony by
Richard Donoghue, former acting Deputy Attorney
General, revealed that Mr. Trump was repeatedly
informed that allegations of voter fraud were not
supported by the evidence. Mr. Donoghue stated that as
each conspiracy theory was debunked, Mr. Trump
``wouldn't fight us on it, but he would move on to
another allegation.''.
(I) Recorded testimony by General Mark Milley,
Chairman of the Joint Chiefs of Staff, played during an
October 13, 2022, January 6th Committee hearing
revealed that, in an Oval Office meeting after the
election, either Mr. Trump or Secretary of State Mike
Pompeo acknowledged that President-Elect Biden would be
taking over as President.
(J) In the same hearing, recorded testimony by
Alyssa Farah, former White House Communications
Director, revealed that, a week after the election had
been called for President-Elect Biden, Mr. Trump
acknowledged his election loss in private, saying,
``Can you believe I lost to this effing guy?'' in
reference to President-Elect Biden.
(K) In the same hearing, recorded testimony by
Cassidy Hutchinson, former Aide to then-Chief of Staff
Mark Meadows, revealed that Mr. Meadows told her that
Mr. Trump repeatedly confided to Mr. Meadows that he
had lost the election but wanted to continue to try to
overturn the result.
(8) Evidence has shown that Mr. Trump, after the November
2020 Presidential Election, tried to have the results
overturned through intimidation of State officials and
attempting to have voting machines seized, including as
follows:
(A) The January 6th Committee presented evidence in
a July 12, 2022, hearing that on the evening of
December 18, 2020, Donald Trump was visited in the
White House by Sidney Powell (attorney for Mr. Trump),
Michael Flynn (former National Security Adviser for Mr.
Trump), and Patrick Byrne (founder of Overstock.com)
for a private, unplanned meeting. The Committee showed
a draft Executive order which ordered the Secretary of
Defense to seize States' voting machines and appoint a
Special Counsel (Ms. Powell) to prosecute perpetrators
of election fraud.
(B) In the same hearing, recorded testimony by Pat
Cipollone, former White House counsel, revealed that he
was of the opinion that Ms. Powell, Mr. Flynn, and Mr.
Byrne were not giving Mr. Trump good legal advice. Mr.
Cipollone testified that when he expressed his concerns
to Mr. Trump, the aforementioned three began
``attacking [him] verbally''.
(C) Hon. Jeffrey A. Rosen, former Acting Attorney
General, testified in a June 23, 2022, January 6th
Committee hearing that Mr. Trump asked the Department
of Justice in late December to seize voting machines
from State governments, which Mr. Rosen insisted they
had no authority to do.
(D) In the same hearing, Richard Donoghue, former
acting Deputy Attorney General, testified that because
they refused to say that there was election fraud, Mr.
Trump threatened in a December 31, 2020, meeting to
remove both Mr. Donoghue and Mr. Rosen from their
positions, saying: ``People tell me that I should just
get rid of both of you, I should just remove you . . .
Maybe something will finally get done.''.
(E) Mr. Trump ``publicly and privately attempted to
impede Georgia officials'' from certifying Georgia's
election results in favor of Joseph Biden, by calling
Georgia's Secretary of State Brad Raffensperger an
``enemy of the people'' for refusing to overturn
Georgia's election results and by placing
``inappropriate pressure on the Office of the U.S.
Attorney for the Northern District of Georgia'' to
pursue baseless voter fraud claims, according to
documents from the 2021 impeachment.
(F) In a June 21, 2022, January 6th Committee
hearing, the Committee played a recorded interview with
Mike Shirkey, the then-Republican majority leader of
the Michigan State Senate, in which Mr. Shirkey
revealed that he received nearly four thousand text
messages after Mr. Trump publicly disclosed Mr.
Shirkey's personal cellphone number on Twitter in an
effort to pressure Mr. Shirkey to hold a vote to
decertify the 2020 election results in Michigan.
(G) After Al Schmidt, former City Commissioner of
Philadelphia, said that he believed that there was no
significant evidence of voter fraud, Mr. Trump tweeted
that Mr. Schmidt ``refuse[d] to look at a mountain of
corruption and dishonesty'', and Mr. Schmidt and his
family members began to receive specific and targeted
threats.
(H) In an October 13, 2022, January 6th Committee
hearing, the Committee presented a recorded call
between Mr. Trump and Secretary Raffensperger in which
Mr. Trump told Secretary Raffensperger he wanted to
``find 11,780 votes'', which would be ``one more than''
Mr. Trump would need to prevail against President-Elect
Biden. During that same call, Mr. Trump implied that
Secretary Raffensperger would potentially face legal
consequences if Secretary Raffensperger did not find
the votes Mr. Trump requests.
(I) In a recording played in a June 21, 2022,
January 6th Committee hearing, Gabriel Sterling, Chief
Operating Officer of the Georgia Secretary of State,
said that election workers were being directly
threatened by those who believed the results of the
election were fraudulent. He said of the violence
perpetrated against election workers: ``It has to stop.
Mr. President, you have not condemned these actions or
this language. Senators, you have not condemned this
language or these actions. This has to stop. We need
you to step up. And if you're gonna take a position of
leadership, show some. My boss, Secretary
Raffensperger, his address is out there. They have
people doing caravans in front of their house. They've
had people come on to their property. It has to stop.
This is elections. This is the backbone of democracy.
And all of you who have not said a damn word are
complicit in this.''.
(9) Evidence has shown that on January 6, 2021, Mr. Trump's
intention was to encourage a mob to go to the Capitol to stop
the certification, where lawmakers and Mr. Pence were present,
including as follows:
(A) At around 1:30 in the morning of December 19,
2020, Mr. Trump sent out a tweet urging his supporters
to come to Washington, DC, on January 6: ``be there,
will be wild!''.
(B) The January 6th Committee presented evidence in
the July 12, 2022, hearing that Mr. Trump's tweet
launched a barrage of activity online, where previously
unconnected right-wing extremist groups began
coordinating plans to arrive in Washington, DC, for
January 6.
(C) In the same hearing, the January 6th Committee
presented evidence that Homeland Security in
Washington, DC, was aware that these violent groups
were planning to arrive in the city.
(D) In the same hearing, recorded testimony by
Katrina Pierson, former campaign advisor to the Trump
Campaign, revealed that she was concerned that these
groups may cause trouble at the January 6 rally, and
expressed her concerns to Mr. Meadows.
(E) In the same hearing, the January 6th Committee
presented evidence that Mr. Trump made last-minute
edits to his rally speech to specifically reference Mr.
Pence.
(F) Cassidy Hutchinson, former aide to Mr. Meadows,
testified in a June 28, 2022, January 6th Committee
hearing that the administration was aware that violence
was likely on January 6, 2021, before that date
occurred, and made no moves to prevent such violence.
(G) In the same hearing, Ms. Hutchinson testified
that on the morning of January 6, the former Chief of
Staff was made aware of people with weapons on the
National Mall but seemed untroubled.
(H) In the same hearing, Ms. Hutchinson testified
that Mr. Trump was furious that the rally area was not
at maximum capacity and wanted the magnetometers
removed so that attendees with weapons could enter.
``They're not here to hurt me,'' Ms. Hutchinson
recalled Mr. Trump saying. ``Let my people in. They can
march to the Capitol from here.''.
(I) In an October 13, 2022, January 6th Committee
hearing, the Committee presented evidence that revealed
the Secret Service was aware that portions of the crowd
gathered outside of Mr. Trump's rally at the Ellipse
were armed. Mr. Trump was informed of the likelihood
that part of the crowd was armed, but he nevertheless
held the rally and instructed the crowd to descend upon
the Capitol.
(J) In the June 28, 2022, January 6th Committee
hearing, Ms. Hutchinson testified that Mr. Giuliani
told her that January 6 would be a ``great day'' and
that Mr. Trump would ``look powerful.''.
(K) On January 6 at his rally at the Ellipse, Mr.
Trump said: ``Democrats are trying to steal the White
House . . . [y]ou can't let it happen. You can't let it
happen'', and that ``[T]hey're not taking this White
House. We're going to fight like hell, I'll tell you
right now.''.
(L) Mr. Trump also said on that day: ``If Mike
Pence does the right thing we win the election . . . we
become president and you are the happiest people . . .
Mike Pence is going to have to come through for us and
if he doesn't, it's a sad day for our country.''.
(M) Mr. Trump also said: ``I said something is
wrong here, something is really wrong, can't have
happened and we fight, we fight like hell, and if you
don't fight like hell you're not going to have a
country anymore . . . [W]e are going to try--give our
Republicans, the weak ones because the strong ones
don't need any of our help, we're try--going to try and
give them the kind of pride and boldness that they need
to take back our country. So let's walk down
Pennsylvania Avenue.''.
(N) In a June 28, 2022, January 6th Committee
hearing, recorded testimony by former White House aides
Nick Luna and Max Miller revealed that Mr. Trump was
serious in his intention to go to the Capitol with the
crowd.
(O) In the same hearing, Ms. Hutchinson also
testified that Mr. Trump was furious when informed that
he could not go to the Capitol himself. Ms. Hutchinson
testified that she was told that Mr. Trump attempted to
grab the steering wheel of the car himself to make
Secret Service take him to the Capitol.
(P) The January 6th Committee presented evidence in
a July 21, 2022, hearing that while the insurrection
was occurring, Mr. Trump sat in the White House dining
room and watched coverage of the insurrection on Fox
News for more than two and a half hours.
(Q) In the same hearing, recorded testimony by Mr.
Cipollone revealed that at no point did Mr. Trump
contact or give orders to any law enforcement agencies
to intervene.
(R) In the same hearing, recorded testimony by
Kayleigh McEnany revealed that Mr. Trump contacted
Senators from his place in the dining room, encouraging
them to delay the certification.
(S) In the same hearing, recorded testimony by Mr.
Cipollone revealed that he, Ivanka Trump, Eric
Herschmann, and Mark Meadows, among others, believed
Mr. Trump should make a public statement in response to
the growing violence at the Capitol. Mr. Cipollone
remarked that Mr. Trump could have gone to the White
House briefing room to make a statement at any point.
(T) The January 6th Committee presented evidence in
the same hearing that Donald Trump, Jr., texted Mr.
Meadows on the afternoon of January 6, 2021, saying
``He's got to condemn this shit. Asap. The capitol
police tweet is not enough.''. Sean Hannity also texted
Mr. Meadows expressing a similar sentiment.
(U) The January 6th Committee presented evidence in
the same hearing that minority leader Kevin McCarthy
called Mr. Trump directly, urging him to call off the
violence. When Mr. Trump refused, Mr. McCarthy
reportedly reached out directly to Ivanka Trump and
Jared Kushner, asking for assistance.
(V) Mr. Trump, while the insurrection was occurring
at the Capitol, told the people who stormed the Capitol
via a social media video, ``[W]e love you, you're very
special.''.
(W) Mr. Trump, on social media referring to the
insurrection that occurred at the Capitol, declared:
``[t]hese are the things and events that happen when a
sacred landslide election victory is so unceremoniously
& viciously stripped away.''.
(X) In the June 28, 2022, January 6th Committee
hearing, Ms. Hutchinson testified that the former Chief
of Staff seemed largely unconcerned about the reports
of violence and that Mr. Trump wanted to be alone.
(Y) In the same hearing, Ms. Hutchinson testified
that the former Chief of Staff told her that Mr. Trump
felt that the former Vice President deserved the ``Hang
Mike Pence'' threats, and that the protestors were
doing nothing wrong.
(Z) In the same hearing, Ms. Hutchinson testified
that allies and supporters were urging Mr. Trump to
tell the protestors to go home, but he was very
reluctant to do so.
(AA) The January 6th Committee presented evidence
in the July 22, 2022, hearing that in the hour before
the Joint Session reconvened following the end of the
violence, Mr. Giuliani called several Republicans in
Congress, urging them to delay the certification of the
votes.
(10) Evidence shows that Mr. Trump's team recognized the
illegality of their and Mr. Trump's actions, and that he may
have been unfit to serve in office, including as follows:
(A) The January 6th Committee presented evidence in
a June 16, 2022, hearing that Mr. Eastman emailed Mr.
Giuliani on January 11, 2021, saying: ``I've decided
that I should be on the pardon list, if that is still
in the works.''.
(B) Ms. Hutchinson testified in a June 28, 2022,
January 6th Committee hearing that members of Mr.
Trump's cabinet were discussing a potential invocation
of the Twenty-fifth Amendment.
(C) Ms. Hutchinson testified in the same hearing
that Mr. Giuliani and Mr. Meadows both sought
Presidential pardons in the days after January 6, 2021.
SEC. 2. INELIGIBILITY OF DONALD J. TRUMP TO HOLD ANY OFFICE UNDER THE
UNITED STATES.
Under section 3 of the Fourteenth Amendment to the Constitution of
the United States, Donald J. Trump is ineligible to again hold the
Office of President of the United States, or to hold any office, civil
or military, under the United States.
SEC. 3. NO IMPACT ON EXISTING STATE AND FEDERAL PROCESSES FOR ENFORCING
SECTION 3 OF THE FOURTEENTH AMENDMENT.
This Act shall not supersede, foreclose, or impair any local,
State, or Federal authority, cause of action, or legal process that can
give effect to section 3 of the Fourteenth Amendment to the
Constitution of the United States.
<all>