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House Approves Commission To Investigate Jan. 6 Insurrection

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The proposed legislation is all but certain to fail in the Senate.


Jan. 6 Commission Proposal

The U.S. House of Representatives passed a bill Wednesday that would create an independent commission to investigate the Jan. 6 insurrection outside the walls of Congress and then report its findings to “prevent future attacks.”

The proposed bipartisan commission, which was modeled after a similar body formed following the 9/11 attacks, would be composed of 10 people. Democratic and Republican leaders would each be allowed to choose five.

The legislation was approved in a 252-to-175 vote, but only 35 Republicans supported the measure after top GOP leaders in both chambers voiced their opposition at the last minute.

Just one day before the vote was set to take place, House Minority Leader Kevin McCarthy (R-Ca.) announced that he would not support the commission because it would not look into unrelated violence on the left.

McCarthy also accused Democrats of negotiating in bad faith, despite the fact that the legislation was crafted by both the Democrat and Republican on the House Homeland Security body in bipartisan negotiations that he himself sanctioned.

His response immediately drew backlash. Democrats slammed McCarthy because they had made concessions to him under the assumption he would support the proposal if they did so. Republicans who backed the commission also reportedly accused the minority leader of throwing them under the bus after for greenlighting their negotiations.

Members of both sides also speculated he made this decision to prevent damaging information from coming to light because the commission would almost certainly call on him to testify about his conversations with former President Donald Trump in and around Jan. 6.

Over the weekend, Rep. Liz Cheney (R-Wy.) who was ousted from her leadership position in the party last week for her continued condemnation of Trump, hinted in interviews that McCarthy was withholding information from conversations he had with the then-president as the insurrection was unfolding.

Continued Republican Opposition

Despite McCarthy’s objections, there was still hope for the commission after Senate Minority Leader Mitch McConnell (R-Ky.) said Tuesday that his members were open to voting for it.

But then Trump issued a statement calling the proposal a “Democrat trap” and urging McConnell, along with other GOP leaders, to start “listening.” Just hours before the House vote was set to take place, McConnell announced his opposition to the bill, calling it a “slanted and unbalanced proposal.”

“It’s not at all clear what new facts or additional investigation yet another commission could actually lay on top of existing efforts by law enforcement and Congress,” he said.

However, there are still several questions that remain about the attack, like how far in advance it was coordinated and details about what Trump was doing while it was underway. 

As a result, many lawmakers on both sides of the aisle argued McConnell’s decision to reverse his position following Trump’s comments is just the latest example of the party’s continued loyalty to the embattled former president, which they view as an essential strategy to regain the House and Senate in 2022.

In recent weeks, numerous Republican lawmakers have walked back their criticisms of Trump and previous statements holding him responsible for the insurrection. According to reports, there has also been a growing trend of Republicans trying to re-write history by downplaying or even outright denying violence that occurred during the insurrection.

Many have repeatedly questioned how anyone can be sure the rioters were Trump supporters, while a growing number of others have tried to cast the events as peaceful. 

Rep. Andrew Clyde (R-Ga.) even recently suggested that images from inside the Capitol resembled a “normal tourist visit,” despite footage showing him barricading the House chamber doors against insurrectionists. 

Given McConnell’s objections, it seems as though the legislation for the commission is all but guaranteed to fail. However, Democratic leaders had previously threatened to pursue a more partisan probe through existing committees or by making a new select committee if the proposal failed, potentially paving the way for another opportunity.

See what others are saying: (The Washington Post) (The New York Times) (Politico)

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California Gov. Gavin Newsom Survives Recall

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Experts say the outcome should act as a warning for Republicans who tie themselves to former President Donald Trump and attempt to undermine election results by promoting false voter fraud claims.


Recall Effort Fails

After seven months and an estimated $276 million in taxpayer money, the Republican-led effort to recall California Gov. Gavin Newsom (D) failed Tuesday.

Just under 70% of the votes have been reported as of Wednesday morning, showing that “no” on the recall received 63.9% of the vote. That’s nearly twice as many votes as “yes,” which had 36.1%.

According to The Washington Post, even if the margin narrows as more votes are counted, this still marks one of the biggest rejections of any recall effort in America over the last century.

Analysts say the historic rebuke was driven by high Democratic turnout and broader fears over resurging COVID cases.

While the Delta variant continues to push new infections to record highs in many parts of the country with lax mask rules and low vaccination rates, California, once a global epicenter of the pandemic, now has one of the highest vaccination rates and lowest new caseloads in the nation.

Newsom has continually tried to convince voters that those figures are the results of his vaccine and masking policies, which have been some of the most aggressive in the U.S. 

Given that polls showed the pandemic was the top concern for California voters, it is clear that the majority favored his policies over those of his competitors. Larry Elder, the Republican talk radio host of led the field of 46 challengers, ran on a platform of getting rid of essentially all COVID restrictions.

Newsom’s Remarks

In his victory speech Tuesday night, Newsom painted the recall’s failure not only as a win for Democratic coronavirus policies but also for Democracy at large.

“We said yes to science. We said yes to vaccines. We said yes to ending this pandemic,” he said. “We said yes to people’s right to vote without fear of fake fraud or voter suppression.” 

“I think about just in the last few days and the former president put out saying this election was rigged,” he continued. “Democracy is not a football. You don’t throw it around. That’s more like a, I don’t know, antique vase. You can drop it and smashing a million different pieces. And that’s what we’re capable of doing if we don’t stand up to meet the moment and push back.”

“I said this many, many times on the campaign trail, we may have defeated Trump, but Trump-ism is not dead in this country. The Big Lie, January 6th insurrection, all the voting suppression efforts that are happening all across this country.” 

A Warning for Republicans

Newsom’s remarks took aim at the efforts by Elder and other Republicans — including former President Donald Trump — who over the last week have claimed falsely and without evidence that voter fraud helped secured the governor’s win before Election Day even took place.

While it is currently unknown whether that narrative may have prompted more Republican voters to stay home, Newsom’s effort to cast Edler as a Trump-like candidate and the recall as an undemocratic, Republican power grab appears to have been effective.

Now, political strategists say that the outcome of the recall should serve as a warning that Republicans who pin themselves to Trump and his Big Lie playbook may be hurt more in certain states.

“The recall does offer at least one lesson to Democrats in Washington ahead of next year’s midterm elections: The party’s pre-existing blue- and purple-state strategy of portraying Republicans as Trump-loving extremists can still prove effective with the former president out of office,” The New York Times explained.

Even outside of a strongly blue state like California, analysts say this strategy will also be effective with similar candidates in battleground states like Georgia, Arizona, Missouri, and Pennsylvania, which will be essential to deciding control of the Senate.

See what others are saying: (The Washington Post) (The New York Times) (NPR)

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Justice Department Sues Texas Over Abortion Ban

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The department claims the Texas law violates past Supreme Court precedents on abortion and infringes on Constitutional protections.


Biden Administration Takes Aim at Texas Law

The Department of Justice sued Texas on Thursday in an attempt to block the state’s newly enacted law that effectively prohibits all abortions by banning the procedure after six weeks, before most people know they are pregnant.

The abortion law, which is the most restrictive in the country and does not provide exceptions for rape or incest, allows private citizens to take legal action against anyone who helps a person terminate their pregnancy after six weeks.

In its lawsuit, the Justice Department argued that the Texas law is unconstitutional because it violates past Supreme Court precedents through a technical loophole.

While numerous other states have passed similar laws banning abortion after about six weeks, federal judges have struck down those measures on the grounds that they are inconsistent with Roe v. Wade and subsequent Supreme Court decisions that states cannot prevent someone from seeking an abortion before a fetus can viably live outside the womb, usually around 22 to 24 weeks.

The Texas law, however, skirts the high court decisions by deputizing citizens to enforce the law rather than state government officials, taking the state out of the equation entirely and protecting it from legal responsibility.

Individuals who do so do not have to prove any personal injury or connection to those they take legal action against, which can range from abortion providers to rideshare drivers who take someone to a clinic.

If their lawsuit is successful, the citizen is entitled to a $10,000 award.

DOJ Lawsuit Targets Constitutionality

During a press conference detailing the DOJ lawsuit, Attorney General Merrick Garland referred to the enforcement mechanism as “an unprecedented” effort with the “obvious and expressly acknowledged intention” to prevent Texans from their constitutionally protected right to have an abortion.

“This kind of scheme to nullify the Constitution of the United States is one that all Americans — whatever their politics or party — should fear,” Garland said, adding that the provision of the law allowing civilians “to serve as bounty hunters” may become “a model for action in other areas, by other states, and with respect to other constitutional rights and judicial precedents.”

The Justice Department argued that the Texas policy violates equal protection guarantees under the 14th Amendment as well as the Constitution’s Supremacy Clause, which establishes that the Constitution and federal law generally take precedence over state law.

The lawsuit also claimed that the law interferes with the constitutional obligation of federal employees to provide access to abortion, including in cases of rape or incest, to people who are under the care of federal agencies or contractors such as those in prisons.

Both Sides See Path to Supreme Court

While proponents of abortion rights applauded the Justice Department’s legal challenge, officials in Texas defended the law and accused the Biden administration of filing the lawsuit for political reasons. 

“President Biden and his administration are more interested in changing the national narrative from their disastrous Afghanistan evacuation and reckless open border policies instead of protecting the innocent unborn,” a spokeswoman for Texas Gov. Greg Abbott (R), said in a statement. 

“We are confident that the courts will uphold and protect that right to life.”

The DOJ’s suit will now be decided by a federal judge for the Western District of Texas, based in Austin. 

Depending on how that court rules, either opponents or supporters of the abortion ban are expected to appeal the case, sending it to the conservative Fifth Circuit Court of Appeal and likely ultimately placing the matter before the Supreme Court again in a matter of months.

The Supreme Court allowed the law to go into effect by declining to approve an emergency petition to block the measure last week, but it did not rule on the constitutionality of the policy.

As a result, the Justice Department’s legal challenge could force the high court to hear another facet of the law that it has not yet considered if it decides to see the case.

See what others are saying: (The Washington Post) (The New York Times) (The Texas Tribune)

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Texas Governor Says Rape Victims Aren’t Forced To Give Birth Because They Have 6 Weeks To Get an Abortion

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The governor also defended the six-week abortion ban’s lack of exceptions for rape and incest by saying the state will “eliminate all rapists.”


Abbott Defends Texas Abortion Law

Texas Gov. Greg Abbott (R) on Tuesday defended the state’s new controversial law that bans abortion after six weeks, before many know they are pregnant, after facing criticism that the policy does not provide exceptions for rape and incest.

During a press conference, Abbott refuted a reporter’s assertion that the law forced victims of rape and incest to carry their pregnancies to term, claiming that it “provides at least six weeks for a person to be able to get an abortion.”

“Let’s make something very clear: Rape is a crime,” the governor continued. 

“And Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.” 

Backlash Over Remarks on Abortions at Six Week 

Abbott’s claim that rape victims would still have plenty of time to get an abortion was widely criticized by many, including Rep. Alexandria Ocasio-Cortez (D-N.Y.), who called his remarks “disgusting” in a now-viral interview on CNN

“I don’t know if he is familiar with a menstruating person’s body. In fact, I do know that he’s not familiar with a female or menstruating person’s body because if he did, he would know that you don’t have six weeks,” she said. 

“But in case no one has informed him before in his life, six weeks pregnant means two weeks late for your period,” Ocasio-Cortez continued. “Two weeks late for your period for any person, any person with a menstrual cycle, can happen if you’re stressed, if your diet changes, or for really no reason at all.” 

Those comments were echoed by a lot of other people who pointed to data from Planned Parenthood that said 85-90% of people who obtain abortions in Texas are at least six weeks into their pregnancy.

Critics Note Flaws in Abbott’s Claims About Rapists

Many also took aim at Abbott’s claim that he was going to “eliminate all rapists” by mocking the governor.

“Wait. Governor Abbott had a solution to end all RAPE and he sat on it until now?” Texas State Representative Gene Wu (D) tweeted. 

Others argued that historical evidence proves Abbott’s promise was ignorant.

According to data from the Justice Department analyzed by the Rape, Abuse & Incest National Network (RAINN), only 1 out of every 3 rapes and sexual assaults are reported. 

Source: Rape, Abuse & Incest National Network

Out of every 1,000 assaults, only 50 lead to arrest, and only 25 lead to incarceration, meaning that more than 97% of people who commit assault walk free.

Some critics also said that Abbott’s goal of getting rid of “all rapists” relied on a faulty conception of who actually perpetrates sexual crimes.

“The majority of people who are raped and who are sexually assaulted are assaulted by someone who they know,” Ocasio-Cortez told CNN. “And these aren’t just predators that are walking around the streets at night. They are people’s uncles, they are teachers, they are family friends.”

“And when something like that happens, it takes a very long time, first of all, for any victim to come forward,” she added. “And second of all, when a victim comes forward they don’t necessarily want to bring their case into the carceral system.” 

See what others are saying: (The Washington Post) (NPR) (Business Insider)

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