Majority Staff of the House Committee on the Judiciary - The Second Impeachment Report: Materials in Support of H. Res. 24, Impeaching Donald John Trump, President of the United States, for High Crimes and Misdemeanors

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Foreword 2021 by Michael Cohen

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Print ISBN: 978-1-5107-6730-0

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FOREWORD

O n January 6, 2021, I watched in disbelief and terror as a group of protestors descended on the Capitol in a shocking act of insurrection against our republic. This wasnt the kind of event that happens in America, or so we thought. These protestors stormed our nations Capitol, destroyed public property, and terrorized government officials who were forced to evacuate their chambers and go into hiding. In the end, five people, including a law enforcement officer, were dead. Images of the QAnon Shaman, the Confederate flag, and men scaling the walls around the Capitol building will be burned indelibly into the memories of millions who witnessed these events or watched them unfold on television or on social media. Unified in their support for President Donald J. Trump, these protestors had one goal in mind: to stop the electoral count and prevent Joe Biden from taking office.

What is probably the most important aspect of this entire scenario is that these protestors were not rogue anarchists creating chaos for the hell of it. These people were acting on orders. The orders came directly from the president who has repeatedly refused to concede the election. They came from a president who threatened his vice president and tried to force him to act against the laws of our constitution. They came from a president who has told white supremacists, fascists, and Nazis to stand back, stand by, and wait for his signal. He delivered this signal in a speech outside the Capitol on the now infamous day of January 6, 2021. In this speech Trump proclaimed, We will never concede, and Youll never take back our country with weakness. You have to show strength, and you have to be strong. The call to take back America by force emboldened thousands of rioters to attempt a coup. Trumps incendiary remarks about election fraud and his refusal to acknowledge the legitimacy of Bidens victory directly resulted in this day of seditionand many saw it coming. For weeks leading up to the horrific events in Washington, DC, he and his supporters had been telling us that this would be a day of reckoning. And so it was.

As the live impeachment coverage plays continuously, I think back to my testimony before the U.S. House of Representatives Committee on Oversight and Reform. I closed my testimony to Congress with the following words: My loyalty to Mr. Trump has cost me everything: my familys happiness, friendships, my law license, my company, my livelihood, my honor, my reputation, and soon, my freedom. And I will not sit back, say nothing, and allow him to do the same to the country... Indeed, given my experience working for Mr. Trump, I fear that if he loses the election in 2020 that there will never be a peaceful transition of power... It gives me no satisfaction to know that I was indeed correct almost two years ago.

Since January 6, the countryand the worldhas been glued to television, computer, and cell phone screens, fearful of what might happen next. The House of Representatives, led by Nancy Pelosi, took swift and decisive action. Joined by ten Republicans, they made Donald Trump the first president in United States history to be impeached twice. Some have argued this action wasnt warranted or worth it, given that Mr. Trump had only days left in office.

But increasingly, a large group of lawmakers and millions of Americans believed that he could be a danger to the republic and to our national security and that he must be held accountable for inciting an insurrection.

Others have said that impeaching Donald Trump would divide the country at a time when we need to heal. I believe that if we did nothing, those responsible for the reprehensible actions of January 6, 2021, would feel emboldened to cause even more damage. By impeaching Donald J. Trump a second time, we made it nearly impossible for him to seek federal office again. And, if hes convicted after a trial by the Senate, he cannot legally run for president again, and he would not be entitled to any of the benefits former presidents usually receive. Most importantly, his impeachment has sent a message to future office holders that we are a nation of laws and that our elected officials have pledged allegiance to the Constitution, not to an individual. In order for this country to truly heal, Trumpism must be purged and eradicated. America is built on a foundation of tolerance, freedom, and free and fair elections. We must return to these values.

Over the last few years, I have had to pay the price and repent for my misdeeds as Mr. Trumps attorney. However, paying off a porn star pales in comparison to the actions taken by Trumps supporters on January 6, 2021. Rudy Giuliani warmed up the crowd awaiting Trumps speech on January 6 by proclaiming Lets have trial by combat. It is clear that the Trump administration has gone too far this time. I will say it once againthey must be held accountable.

What follows in these pages is a cogent and compelling argument for why the 45th President of the United States of America had to be impeached again and should be convicted by the Senate. We should never have to call Donald Trump Mr. President again after January 20, 2021.

Michael Cohen

Majority Staff

Amy Rutkin, Chief of Staff

Perry Apelbaum, Staff Director and Chief Counsel

John Doty, Senior Advisor

Aaron Hiller, Deputy Chief Counsel

David Greengrass, Senior Counsel

John Williams, Parliamentarian and Senior Counsel

Shadawn Reddick-Smith, Communications Director

Moh Sharma, Director of Member Services and Outreach & Policy Advisor

Arya Hariharan, Deputy Chief Oversight Counsel

James Park, Chief Counsel of Constitution Subcommittee

Sarah Istel, Counsel

Matthew Morgan, Counsel

Madeline Strasser, Chief Clerk

William S. Emmons, Legislative Aide

Priyanka Mara, Legislative Aide