IV 
118TH CONGRESS 
1ST SESSION 
H. RES. 40 
Expressing the sense of the House of Representatives regarding the violent 
insurrection at the United States Capitol on January 6, 2021. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 17, 2023 
Mr. ESPAILLAT submitted the following resolution; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Ethics, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
RESOLUTION 
Expressing the sense of the House of Representatives regard-
ing the violent insurrection at the United States Capitol 
on January 6, 2021. 
Whereas, on the morning of January 6, 2021, President Don-
ald J. Trump attended a rally on the National Mall 
where he encouraged a crowd of individuals to disrupt the 
proceedings of Congress to certify the votes of the elec-
toral college for President and Vice President of the 
United States, stating that he himself would be in at-
tendance; 
Whereas certain Members of Congress issued statements di-
rectly calling on individuals to resort to violence to inter-
vene in the certification of the votes of the electoral col-
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•HRES 40 IH 
lege in an attempt to overturn the results of a valid, free, 
and fair election; 
Whereas in the months leading up to and following the 2020 
Presidential election, President Donald J. Trump rigor-
ously sowed discord, impaired the operations of the 
United States Postal Service, promoted conspiracy theo-
ries, and outright lied to the American public in order to 
reduce confidence in the integrity of the election and dis-
enfranchise voters; 
Whereas in the days and weeks following media outlets’ de-
termination that Joseph R. Biden, Jr., had secured the 
necessary number of electoral votes to be declared Presi-
dent-elect, President Trump, his legal representatives, 
and dozens of Republican Members of Congress and Sen-
ators deliberately attempted to reverse the results of the 
election in various States and to disenfranchise millions 
of voters by bringing forth frivolous lawsuits at several 
levels of the United States judicial system; 
Whereas due to an utter lack of evidence and legal standing, 
these lawsuits were swiftly dismissed by dozens of judges, 
including those nominated by President Donald J. Trump 
and confirmed by the Senate; 
Whereas following his decisive defeat in both the November 
Presidential election and legal efforts that followed, 
President Donald J. Trump, alongside more than 100 
Republican Members of the House of Representatives and 
a dozen Republican Senators, announced their intent to 
object to the certification of the votes of certain States’ 
electors perpetuating baseless claims about the integrity 
of the election, and encouraged their supporters to de-
scend on the Capitol on January 6, 2021, to ‘‘stop the 
steal’’; 
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•HRES 40 IH 
Whereas, on the afternoon of January 6, 2021, a mob of 
thousands of domestic terrorists and seditionists engaged 
in a sustained effort to bypass United States Capitol Po-
lice and officers under direction of the Sergeants at Arms 
of the House and Senate in order to delay and disrupt 
Congress’ constitutional and statutory duty of certifying 
the 2020 Presidential election results; 
Whereas the responding officers from the Sergeants at Arms 
of the House and Senate, United States Capitol Police, 
National Guard, and Metropolitan Police Department of 
the District of Columbia were physically assaulted and 
threatened with deadly weapons and firearms; 
Whereas the security preparations by these and other law en-
forcement agencies were inexplicably and dangerously in-
adequate to meet the clear and present threat posed to 
Members of Congress and individuals in the line of suc-
cession to the Presidency; and 
Whereas, as a result of this insurrection, two individuals were 
fatally wounded in the United States Capitol and many 
others were severely injured: Now, therefore, be it 
Resolved, That it is the sense of the House of Rep-
resentatives that— 
(1) President Donald J. Trump did knowingly 
and purposefully incite a violent and unlawful insur-
rection against the United States; 
(2) any individual who participated in, aided, or 
abetted the violent and unlawful insurrection at the 
United States Capitol on January 6, 2021, should 
be prosecuted to the fullest extent under the laws of 
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•HRES 40 IH 
the United States and be brought to justice, and 
considered ineligible for civil or military office under 
the United States pursuant to section 3 of the 14th 
Amendment to the Constitution; 
(3) for any House Member, Delegate, or Resi-
dent Commissioner who participated in, aided, or 
abetted this violent insurrection, or through their 
public pronouncements via official or unofficial chan-
nels encouraged it, the Committee on Ethics should 
initiate an investigation into whether such Member, 
Delegate, or Resident Commissioner may have vio-
lated the Code of Official Conduct set forth in rule 
XXIII of the Rules of the House of Representatives 
and determine the appropriate sanction, up to and 
including expulsion; and 
(4) for any Senator who participated in, aided, 
or abetted this violent insurrection, or through their 
public pronouncements via official or unofficial chan-
nels encouraged it, the Select Committee on Ethics 
of the Senate should conduct a similar investigation 
and recommend similarly appropriate sanctions. 
Æ 
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