side of Mr. Trump’s rally at the Ellipse were 
armed. Mr. Trump was informed of the likeli-
hood 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 El-
lipse, 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 some-
thing is wrong here, something is really wrong, 
can’t have happened and we fight, we fight like 
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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 
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coverage of the insurrection on Fox News for 
more than two and a half hours. 
(Q) In the same hearing, recorded testi-
mony 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 testi-
mony by Kayleigh McEnany revealed that Mr. 
Trump contacted Senators from his place in the 
dining room, encouraging them to delay the cer-
tification. 
(S) In the same hearing, recorded testi-
mony 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 after-
noon of January 6, 2021, saying ‘‘He’s got to 
condemn this shit. Asap. The capitol police 
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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 di-
rectly, 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. 
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(Y) In the same hearing, Ms. Hutchinson 
testified that the former Chief of Staff told her 
that Mr. Trump felt that the former Vice Presi-
dent 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 pre-
sented evidence in the July 22, 2022, hearing 
that in the hour before the Joint Session recon-
vened 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, 
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