WASHINGTON -- An original script for Donald Trump's speech the day after the Capitol insurrection included tough talk ordering the Justice Department to "ensure all lawbreakers are prosecuted to the fullest extent of the law" and stating that the rioters "do not represent me." But those words were crossed out with thick black lines, apparently by Trump, according to exhibits released by House investigators.
Virginia Rep. Elaine Luria, a Democratic member of the House panel investigating the Jan. 6, 2021, attack, tweeted out a short video Monday that included testimony from White House aides discussing Trump's speech on Jan. 7 and a screenshot of the speech, with notes and with lines to be deleted. In one of the clips, Trump's daughter, Ivanka Trump, confirms to the panel that the document "looks like a copy of a draft of the remarks for that day" and the writing "looks like my father's handwriting."
When the committee asked White House aide Jared Kushner, Ivanka's husband, why Trump crossed out specific lines, he responded twice: "I don't know."
The panel released the 3:40 long video as a follow-up to its final summer hearing last week, in which the investigators showed outtakes from Trump's videotaping of the speech. In the outtakes, Trump becomes frustrated and discusses the wording with the staff present, including Ivanka. At one point, he tells them "I don't want to say the election is over." Angry, he pounds his fist.
The committee is releasing the additional material in an effort to push out even more evidence after eight summer hearings laid out findings from more than 1,000 interviews in its yearlong investigation. Members of the committee say the investigation continues, and they will hold more hearings in the fall.
They are aiming to convey a consistent message about Trump and his actions before, during and after the insurrection -- that he repeatedly lied about widespread fraud, even against the advice of his closest aides, and sparked the violent actions of his supporters. And when the rioters broke into the Capitol, he did nothing to stop them.
In her Monday tweet, Luria said, "It took more than 24 hours for President Trump to address the nation again after his Rose Garden video on January 6th in which he affectionately told his followers to go home in peace. There were more things he was unwilling to say."
The Jan. 7 speech was seen by his aides as an effort to make up for his inaction the day before when he waited hours to tell the rioters to leave the Capitol -- and when he did, in a video filmed in the Rose Garden, he told the rioters that they were "very special." In the video released by Luria, Kushner says he had spoken with other aides and they were trying to put remarks together for the president. "We felt like it was important to further call for de-escalation," Kushner testified to the committee.
It is unclear who wrote the original text in the document.
In the original line, "I am outraged and sickened by the violence, lawlessness and mayhem" the word "sickened" is crossed out. So are the later lines, "I want to be very clear you do not represent me. You do not represent our movement." But he left in, "You do not represent our country." The line "you belong in jail" was replaced with "you will pay."
These lines also deleted: "I am directing the Department of Justice to ensure all lawbreakers are prosecuted to the fullest extent of the law. We must send a clear message -- not with mercy but with JUSTICE. Legal consequences must be swift and firm."
In recent testimony, former White House aide Cassidy Hutchinson -- who also testified in person in a surprise hearing last month -- said the scramble to get Trump to speak again on Jan. 7 was partly because of "large concern" within the White House that some of his Cabinet officials might try to invoke the 25th Amendment to remove him from office.
The newly released video includes testimony from John McEntee, then the director of the White House presidential personnel office and one of Trump's closest aides at the time. McEntee says Kushner asked him to "nudge this along" to make sure that Trump delivered the speech. McEntee confirmed that Trump was reluctant to give the speech.
Pat Cipollone, the top White House lawyer, also testified that he believed Trump should have forcefully laid out the consequences for the rioters.
"In my view, he needed to express very clearly" that the rioters "should be prosecuted, and should be arrested."
CONFLICT CITED
The prosecutor who's investigating whether former President Donald Trump and his allies illegally tried to interfere in the 2020 election in Georgia cannot question a lawmaker who signed a certificate falsely stating that Trump won the state, a judge ruled Monday.
Superior Court Judge Robert McBurney agreed with Republican state Sen. Burt Jones that Fulton County District Attorney Fani Willis had a conflict of interest because she hosted a fundraiser last month for Jones' Democratic opponent in November's election for lieutenant governor. McBurney said during a hearing last week that Willis' decision to host the fundraiser was "a 'what are you thinking?' moment with "horrible" optics.
Willis can still ask other witnesses about Jones, the judge said, but will not be able to bring charges against him. It is now up to the Prosecuting Attorneys' Council of Georgia, a nonpartisan association of Georgia district attorneys, to appoint another prosecutor to determine whether any charges should be brought against Jones, one of 16 Georgia Republicans who signed the certificate falsely asserting Trump won the state and claimed to be the state's "duly elected and qualified" electors, McBurney wrote.
"Today's ruling is a huge win for our campaign -- but more importantly, for due process and the rule of law in Georgia," Jones said in an emailed statement.
Willis' office was still reviewing the order and didn't have an immediate comment, spokesperson Jeff DiSantis said.
The judge's decision disqualifying Willis from questioning Jones likely has no real bearing on the future of Willis' investigation into what she has called "a multi-state, coordinated plan" by Trump's campaign to influence the results of the 2020 election. But it served as a rebuke of Willis and provided ammunition to her critics who have accused her of pursuing a politically motivated case.
A number of high-ranking state officials have already been questioned before the special grand jury investigating the case. Willis is also seeking to compel testimony from some close Trump associates, including U.S. Sen. Lindsey Graham of South Carolina, as well as state lawmakers and the 16 Republicans who served as fake electors. Rudy Giuliani, the Trump attorney and former New York mayor, has been ordered to testify next month.
In other developments in the case Monday, a federal judge in Georgia said she would not quash a subpoena to compel testimony from U.S. Rep. Jody Hice, who was among the GOP lawmakers who attended a December 2020 meeting at the White House in which Trump allies discussed various ways to overturn Joe Biden's victory.
And Georgia Gov. Brian Kemp, a Republican, was scheduled to appear at Willis' office Monday to record video testimony to be shown to the special grand jury. In early December 2020, Trump called Kemp and urged him to order a special legislative session to appoint electors who would vote for Trump. Kemp has said Trump also asked him to order an audit of signatures on absentee ballot envelopes.
In Hice's failed bid to avoid testifying, he argued that any actions he took to investigate "alleged irregularities" in the election were within his authority as a member of Congress and are shielded by the U.S. Constitution from any legal proceedings and inquiry. He also cited a doctrine that excludes high-ranking officials from having to testify.
The judge in his case, U.S. District Judge Leigh Martin May, said she would send the matter back to Fulton County Superior Court and instruct the parties to come up with a process to handle objections by Hice on the basis of those federal principles. If disagreements arise that they can't settle, Hice can bring the federal issues back to her to settle, she said.
Hice will leave office in January after an unsuccessful campaign, backed by Trump, to unseat Secretary of State Brad Raffensperger, who rejected the then-president's entreaties to "find" 11,870 votes -- enough to beat Biden in Georgia by one vote.
Information for this article was contributed by Kate Brumback and Meg Kinnard of The Associated Press.
FILE - Violent insurrectionists loyal to President Donald Trump, storm the Capitol, Jan. 6, 2021, in Washington. An original script for Donald Trump’s speech the day after the Capitol insurrection included lines asking the Justice Department to “ensure all lawbreakers are prosecuted to the fullest extent of the law’ and stating the rioters “do not represent me,” but those references were deleted and never spoken, according to exhibits released by House investigators on Monday. (AP Photo/John Minchillo, File)
FILE - With the Washington Monument in the background, people attend a rally in support of President Donald Trump near the White House on Wednesday, Jan. 6, 2021, in Washington. An original script for Donald Trump’s speech the day after the Capitol insurrection included lines asking the Justice Department to “ensure all lawbreakers are prosecuted to the fullest extent of the law’ and stating the rioters “do not represent me,” but those references were deleted and never spoken, according to exhibits released by House investigators on Monday. (AP Photo/Jacquelyn Martin, File)
FILE - In this image from video released by the House Select Committee, Trump's written script from his Jan. 7 remarks are shown. An original script for Donald Trump’s speech the day after the Capitol insurrection included lines asking the Justice Department to “ensure all lawbreakers are prosecuted to the fullest extent of the law’ and stating the rioters “do not represent me,” but those references were deleted and never spoken, according to exhibits released by House investigators on Monday. (House Select Committee via AP, File)
This exhibit from video released by the House Select Committee, shows President Donald Trump recording a video statement at the White House on Jan. 7, 2021, that was played at a hearing by the House select committee investigating the Jan. 6 attack on the U.S. Capitol, Thursday, July 21, 2022, on Capitol Hill in Washington. (House Select Committee via AP)
FILE - Supporters of President Donald Trump supporters attend a rally near the White House in Washington, on Jan. 6, 2021. An original script for Donald Trump’s speech the day after the Capitol insurrection included lines asking the Justice Department to “ensure all lawbreakers are prosecuted to the fullest extent of the law’ and stating the rioters “do not represent me,” but those references were deleted and never spoken, according to exhibits released by House investigators on Monday. (AP Photo/John Minchillo, File)