3 for a Joint Session of Congress to count the votes of the
1
Electoral College. In the months preceding the Joint Ses-
2
sion, President Trump repeatedly issued false statements
3
asserting that the Presidential election results were the
4
product of widespread fraud and should not be accepted
5
by the American people or certified by State or Federal
6
officials. Shortly before the Joint Session commenced,
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President Trump, addressed a crowd at the Ellipse in
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Washington, DC. There, he reiterated false claims that
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‘‘we won this election, and we won it by a landslide’’. He
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also willfully made statements that, in context, encour-
11
aged—and foreseeably resulted in—lawless action at the
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Capitol, such as: ‘‘if you don’t fight like hell you’re not
13
going to have a country anymore’’. Thus incited by Presi-
14
dent Trump, members of the crowd he had addressed, in
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an attempt to, among other objectives, interfere with the
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Joint Session’s solemn constitutional duty to certify the
17
results of the 2020 Presidential election, unlawfully
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breached and vandalized the Capitol, injured and killed
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law enforcement personnel, menaced Members of Con-
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gress, the Vice President, and Congressional personnel,
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and engaged in other violent, deadly, destructive, and sedi-
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tious acts.
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President Trump’s conduct on January 6, 2021, fol-
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lowed his prior efforts to subvert and obstruct the certifi-
25
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