Riot-day records gap draws panel scrutiny

White House log missing 8 hours of phone calls as Capitol stormed

FILE - President Donald Trump speaks during a rally protesting the electoral college certification of Joe Biden as President in Washington on Jan. 6, 2021. The House panel investigating the Jan. 6 insurrection at the Capitol has identified a roughly eight-hour gap in official records of then-President Donald Trump's phone calls as the violence unfolded and his supporters stormed the building, according to a person familiar with the probe. (AP Photo/Evan Vucci, File)
FILE - President Donald Trump speaks during a rally protesting the electoral college certification of Joe Biden as President in Washington on Jan. 6, 2021. The House panel investigating the Jan. 6 insurrection at the Capitol has identified a roughly eight-hour gap in official records of then-President Donald Trump's phone calls as the violence unfolded and his supporters stormed the building, according to a person familiar with the probe. (AP Photo/Evan Vucci, File)

WASHINGTON -- The House panel investigating the Jan. 6 insurrection has identified an almost eight-hour gap in official White House records of then-President Donald Trump's phone calls as the violence unfolded and his supporters stormed the U.S. Capitol, according to two people familiar with the probe.

The gap extends from a little after 11 a.m. to about 7 p.m. on Jan. 6, 2021, and involves White House phone calls, according to one of the people. Both spoke to The Associated Press on the condition of anonymity because they were not authorized to speak publicly about the ongoing investigation.

The committee is investigating the gap in the official White House log, which includes the switchboard and a daily record of the president's activities. But it does not mean the panel is in the dark about what Trump was doing during that time.

The House panel has made broad requests for separate cellphone records and has talked to more than 800 witnesses, including many of the aides who spent the day with Trump. The committee also has thousands of texts from the cellphone of Mark Meadows, who was then Trump's chief of staff.

The committee's effort to piece together Trump's day as his supporters broke into the Capitol underscores the challenge that his habitual avoidance of records laws poses -- not only to historians of his tumultuous four years but to the House panel, which intends to capture the full story of the former president's challenge of election results in hearings and reports later this year.

The committee has trained a particular focus on what the president was doing in the White House as hundreds of his supporters beat police, broke into the Capitol and interrupted the certification of Democrat Joe Biden's 2020 presidential election victory. The missing records raise questions of whether Trump purposefully circumvented official channels to avoid records.

Trump was known to use other people's cellphones to make calls, as well as his own. He often bypassed the White House switchboard, placing calls directly, according to a former aide who requested anonymity to discuss the private calls. It is not unusual for presidential calls to be channeled through other people.

It is unclear whether the committee has obtained records of cellphone calls made that day. The panel issued a broad records preservation order in August to almost three dozen telecommunications and social media companies, demanding that the companies save communications for several hundred people in case Congress decided to issue subpoenas for them. Individuals included in that request included Trump, members of his family and several of his Republican allies in Congress.

The committee also is continuing to receive records from the National Archives and other sources, which could produce additional information and help produce a full picture of the president's communications.

While hundreds of people have cooperated with the probe, in some cases the panel has been hampered by Trump's assertions of executive privilege over material and interviews. Courts have overruled his efforts to block some documents, but many witnesses who are still close to the former president -- and several who were in the White House that day -- have declined to answer the committee's questions.

Biden, who has authority as the sitting president over his predecessor's White House privilege claims, said Tuesday he would reject Trump's claims concerning the testimony of his daughter, Ivanka Trump, and her husband, Jared Kushner.

Kushner, who was one of Trump's top White House aides, is scheduled for an interview with the panel on Thursday. The committee has requested an interview with Ivanka Trump as well, but has not said whether she will comply.

During the roughly eight hours on Jan. 6, Trump addressed a huge crowd of supporters at the nearby Ellipse, repeated his claims about election fraud and told them to walk to the Capitol, make their voices heard and "fight like hell." He then returned to the White House and watched as the mob broke into the Capitol. More than 700 people have been arrested in the violence.

'BURNER' PHONES

The former president is suspected of using disposable so-called burner phones.

The 11-page White House log handed over to the committee after a court order shows that Trump made several calls to officials and supporters in the morning before he spoke at the rally.

The White House log does show calls Trump made before that time period, as he was preparing to speak at the rally. That log also shows calls with his former aide Steve Bannon, conservative commentator William Bennett and Sean Hannity of Fox News, according to one of the people familiar with the records.

It also includes several calls in the evening after law enforcement officers were able to repel the bloody attack, which was intended to block Congress from certifying Biden's win in the presidential election.

But for 456 minutes, the logs show no calls to or from Trump.

Under the law, records of presidential calls and messages must be preserved. Trump refuses to use email, so the only official records of his communications are the logs that White House aides are required to maintain.

In a statement to the paper, Trump said that he does not even know what a "burner phone" is and assumed that all his calls were correctly logged.

"They call it the Big Lie, but the Big Lie is the exact opposite," he said in an email message deriding the congressional committee. "They are the liars, they are the cheaters, and they are the ones who are destroying our Country."

CALLS MADE

Several of Trump's calls that day are already publicly known.

He spoke to Vice President Mike Pence between 11 a.m. and 11:30, according to a person familiar with that conversation, as he had been lobbying Pence publicly and privately to object while presiding over the certification.

He also spoke with several GOP members of the House and Senate as his allies in Congress were preparing to challenge the official vote count.

He had a tense conversation with House Minority Leader Kevin McCarthy, R-Calif., who asked him to call off the mob, according to Rep. Jaime Herrera Beutler, who shared McCarthy's account shortly after the insurrection. Trump responded that the rioters must be "more upset about the election than you are," according to Herrera Beutler, R-Wash.

Trump also talked to Rep. Jim Jordan, R-Ohio, and Sen. Tommy Tuberville of R-Ala., among other lawmakers. Tuberville has said he spoke to the president while the Senate was being evacuated. Sen. Mike Lee, R-Utah, has said that Trump accidentally called him when he was trying to reach Tuberville.

Trump attempted to call him on Jan. 6, 2021, but the two were not able to connect, Sen. Josh Hawley, R-Mo., said Tuesday.

Hawley said Trump phoned him in the morning before he came to the Capitol. He said he returned the call but didn't reach the president.

"I didn't speak to him," Hawley said. "I next spoke to him on the day Roy Blunt retired."

Blunt announced he was retiring from the U.S. Senate on March 8, more than eight weeks after Jan. 6.

Hawley's comment comes after The Washington Post reported that the Jan.6 committee is missing the eight hours of Trump's call logs. The logs showed that Trump asked the White House switchboard operator to place a call to Hawley at 9:39 a.m.

Hawley was the first senator to say he would object to certification of the presidential election, citing concerns about whether Pennsylvania's decision to allow mail-in ballots was unconstitutional. The argument was dismissed by the Pennsylvania Supreme Court on procedural grounds.

Ultimately eight senators objected to certifying the results from Pennsylvania and Arizona.

In the aftermath of the Jan. 6 insurrection, Hawley briefly became a pariah among some Republicans -- because of his role in leading the objection to Pennsylvania's ballots and a photo from that day showing him raising his fist to protesters before some of them stormed the Capitol.

Hawley has since started selling campaign materials with the photo.

In text messages that have been released or leaked by the Jan. 6 committee so far, Hawley's name has not emerged.

Information for this article was contributed by Mary Clare Jalonick, Colleen Long, Jill Colvin and Zeke Miller of The Associated Press, by Dave Goldiner of New York Daily News (TNS) and by Daniel Desrochers and Bryan Lowry of the McClatchy Washington Bureau (TNS).


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