Trump renews call to dismiss January 6 case

In the New Year, President Donald J. Trump renewed his call from five months back, to dismiss the case against him arising from allegations he orchestrated, incited, and provoked the “attack” on the Capitol on January 6, 2021. At issue are the activities of the show tribunal that was the House January 6 Committee. In August of 2023, Fox News reported that this Committee destroyed much of the evidence behind their conclusion. Last night Trump charged that much of this evidence could have been exculpatory of him.

Accordingly he now demands publicly that a court dismiss his case, as well he should. But the people have a grievance, too. In the hours since the release of his statement, other evidence has come forward. That evidence shows that he actually won the Election of 2020 – and his own staff betrayed him.

Trump posts again about January 6

On January 1, 2024, at 6:31 p.m. EST, President Trump left this post:

In it he accused then-Rep. Liz Cheney (RINO-Wyo.), then Vice-Chair of the January 6 Committee, of destroying the evidence. Thus for the first time he has named a single individual as responsible for the loss of evidence. Earlier he simply accused the entire seven-member Committee, which included five Democrats and two Republicans. Neither Republican Member sits in the House anymore. Rep. Harriet Hageman, R-Wyo., “primaried” Cheney, and the Democratic-controlled Illinois legislature drew Rep. Adam Kinzinger, RINO-Ill., out of his District when that State lost a District in the census.

Kinzinger also had the tacky temerity to raise funds by selling $100 autographed copies of the committee’s final report. But Liz Cheney has been the more vocal of the two, ever since she lost her primary. She even launched an attack ad against Trump to air while he was doing his on-air CNN town hall interview.

In his post, Trump went on to detail the specific evidence that would exculpate him, including Rep. Nancy Pelosi (D-Calif.), then Speaker of the House, turning down Trump’s offer of 10,000 National Guardsmen to guard the Capitol that day. Trump concluded by saying he considered the entire case compromised, and a court should dismiss it.

The case is now before the Court of Appeals for the District of Columbia, on appeal from Trump on a question of Presidential immunity. The Supreme Court refused to review the case before Appeals Court judgment.

Earlier history of the January 6 Committee

In August of 2023, it became clear that the January 6 Committee destroyed evidence.CNAV covered it at the time.Cheney and Rep. Bennie Thompson (D-Miss.), the Chairman, did not even believe they had an obligation to preserve it. Trump discussed this in two successive posts:

The essence of his charge is that, as a defendant in a federal case, he has subpoena power. So to avoid having to respond to any subpoena from him, the Committee destroyed evidence.

The story, as The Gateway Pundit reported on it at the time (see here and here), is as follows. Rep. Kevin McCarthy (R-Calif.), after Midterms, wrote to Rep. Thompson demanding preservation of evidence. Conveniently, the original link to the letter “broke,” but not before the Wayback Machine archived it.

For the record, the Committee’s final report and other supporting documents are available at GovInfo.gov. But on August 8, Fox News reported that the Committee did in fact destroy records. Rep. Barry Loudermilk (R-Ga.), Chairman of the Oversight Subcommittee of the Committee on House Administration, made the charge last December. At issue were missing records of communications between the Committee and the Biden White House. In addition, records of a team tasked to investigate deficiencies in Capitol security are all missing.

An exchange of letters

Thompson and Cheney sent this moderately redacted letter to the White House Counsel’s office a week after issuing their final report. In it Thompson and Cheney mention turning over certain records to the White House.

On June 26, 2023, Rep. Loudermilk sent this letter to Rep. Thompson, asking his “assistance” in locating the missing records.

Thompson shot this letter back to Loudermilk, denying any responsibility to preserve more than is available at GovInfo.

This morning Jim Hoft at The Gateway Pundit quoted the brazen denial of obligation. To clarify Hoft’s reportage, he was quoting from a lengthy footnote on the first page of the letter:

Guidance from the Office of the Clerk states that a permanent record is “[m]aterial created or received by a person, family, or a public or private organization that is preserved because of its enduring value. The value stems from the information it contains or the evidence it provides of the functions and responsibilities of the creator.” See “Records Management Manual for Committees,” Office of Art and Archives, Office of the Clerk of the House of Representatives (Aug. 2021), p. 8. Consistent with guidance from the Office of the Clerk and other authorities, the Select Committee did not archive temporary committee records that were not elevated by the Committee’s actions, such as use in hearings or official publications, or those that did not further its investigative activities. Accordingly, and contrary to your letter’s implication, the Select Committee was not obligated to archive all video recordings of transcribed interviews or depositions. Based on guidance from House authorities, the Select Committee determined that the written transcripts provided by nonpartisan, professional official reporters, which the witnesses and Select Committee staff had the opportunity to review for errata, were the official, permanent records of transcribed interviews and depositions for the purposes of rule VII.

First, no one knows whether the “temporary committee records” included, or did not include, raw surveillance footage of the Capitol, the West Portico, or the West Lawn from that day. Second, if the Committee really thought they could convict Trump of engaging in insurrection or rebellion, that one intent obliged them to preserve all records, and to consider all records, however trivial, permanent. If that was not according to House Rules as they then should, it should have been.

On August 8, 2023, Loudermilk wrote to the Special Counsel to the President asking for the return of the records.

There the case rests, until President Trump saw fit to mention it again last night.

Preliminary analysis

President Trump is correct: that case should be dismissed. Loss of allegedly incriminating evidence, either accidental or through deliberate and malicious destruction, is almost always grounds for directed acquittal. This holds especially in the absence of further incriminating evidence.

But this Committee obviously had reason to destroy evidence, deliberately and maliciously. The evidence of other observers clearly indicates that the January 6 event was not an insurrection or a rebellion. First, a crowd a large as the estimated crowd for the rally on Constitution avenue would have had the strength of at least ten divisions of infantry, and possibly twenty. Such a force, if trained and even if unarmed, could have made short work of the Capitol Police. Even a single division of National Guardsmen, which Trump requested, couldn’t have handled them. And anyone planning insurrection would certainly have run in enough guns to achieve the objective. An armed force of even two divisions would have sufficed.

Second, the evidence actually indicates a false-flag pseudo-operation. Then-Speaker Pelosi’s refusal to station a division of National Guardsmen on the day of the rally, clearly indicates her collusion. Ray “Into the Capitol!” Epps cannot explain his intemperate proposals as anything other than provocation. Finally we have the spectacle of Capitol Police firing rubber bullets at people – to get a rise out of them. If they were not trying to provoke them, their use of such munitions constituted gross negligence.

More evidence to support Trump emerges

This morning, at 10:32 a.m. EST, Trump shared a link to a new PDF file hosted here.

The domain redirects to this campaign service center, offering “Software as a Service” for political or marketing campaigns. Why a file-sharing domain should redirect there, is not clear. The authorship of this report is less clear, because the document does not state authorship. As a precaution, CNAV has submitted it to the Wayback Machine for permanent archiving.

The document appears well-sourced, with traceable references, many of which are hyperlinks. The sources include the Rumble channel “Georgia Ballots,” the site UncoverDC, and several legislative offices.

This thirty-two-page document does make clear that:

• Procedures in Georgia, Pennsylvania, Wisconsin, Arizona, and Michigan were highly irregular, to say the least. In many cases, chains of custody broke, something no Division of Elections should permit.
• All five States produced abrupt gains for Biden that violated any concept of the Law of Averages.

In Georgia especially, several undervoted ballots made it into a “second machine count.” This kind of finding explains why Democrats did not pad their majority in the House, nor flip the Senate immediately. Dinesh D’Souza anticipated this very finding in his 2000 Mules documentary. CNAV repeats what it said then:

One can well imagine that Nancy Pelosi wanted to strangle whoever organized such an effort and neglected to allow enough time for down-ticket voting.

Gross negligence – and betrayal of Trump

This paragraph especially excites the curiosity – and the ire – of your correspondent, giving his direct experience as an Officer of Election:

None of the 315,000 votes cast during early voting in Fulton County were witnessed to and signed by the poll manager and two poll workers, as required by state election rules. The closing tapes for these votes are all unsigned, showed more tabulated votes than the tabulators had recorded as scanning in their protective counters, and recorded improbably low percentages for President Trump. For example, President Trump received only 0.9 percent, 2.4 percent, 3.7 percent from some of the tabulators, as if he was a third party candidate, or in a third world country. The anomalies indicate ballots were not scanned on the tabulators that printed the closing tapes, making the closing tapes fraudulent.

What Chief Officer of Election ever closes a scanner-tabulator without running the tape and asking every member of his team to sign it? Your editor has worked elections in three precincts, and never once has any Chief been so negligent. And for this to happen at the Central Voting Precinct is unthinkable – and indeed inexcusable.

But that wasn’t the only rule that election officials broke. That document refers to absentee ballots accepted and counted more than six months ahead of time. It also refers to absentee ballots sent to well-known cities located out-of-State, but with Georgia listed as the State. The ZIP Codes resolved out-of-State, though the document provided no specific examples.

Worse yet, the report reveals that Attorney General Bill Barr ordered relevant United States Attorneys to stand down from investigating voter fraud in their States. This applied to Pennsylvania and Michigan. Finally, the report mentions donations that Mark Zuckerberg made to election officials in Pennsylvania, Wisconsin and Michigan.

Trump announced the release of this file in three Truths (one, two, three):

Final analysis

The evidence revealed today, and rediscovered yesterday, clearly supports the notion that Trump won the Election of 2020. At a minimum, the House of Representatives should not have accepted any Electoral College votes from the five Swing States. Instead the House of Representatives should have chosen the President by bloc vote, and Trump would surely have won.

This report also shows that certain law-enforcement officers close to the President betrayed him. They took affirmative steps to hide the fraud others were discovering in at least two States. Brad “Riff Raff” Raffensperger had Georgia “covered,” though this report doesn’t mention that.

RINO officials in Maricopa County, Arizona’s most populous, had Arizona similarly “covered.” And still do.

One can readily see why Trump saw fit to accuse former Rep. Cheney of orchestrating the destruction of evidence. She has more likely conspired to do this with Chairman Thompson and all other members of the Committee. But Trump was concentrating on chicanery by RINOs, not Democrats.

The most common thing any tyrant does is to throw off on his opposition. That’s what Democrats and RINOs alike did to President Trump. By extension they did this to the American people, too – calling more than half of us National Socialists. (Another flaw in leftists is their lack of irony.)

Ideally this next election needs to use paper ballots, with paired-off Officers of Election hand-counting them. If this does not happen, vigilance will be the order of the day.