UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) BENNIE G. THOMPSON et al., ) ) Plaintiffs, ) ) v. ) Case No. 21-cv-00400 (APM) ) DONALD J. TRUMP et al., ) ) Defendants. ) _________________________________________ ) _________________________________________ ) ERIC SWALWELL, ) ) Plaintiff, ) ) v. ) Case No. 21-cv-00586 (APM) ) DONALD J. TRUMP et al., ) ) Defendants. ) _________________________________________ ) _________________________________________ ) JAMES BLASSINGAME & ) SIDNEY HEMBY, ) ) Plaintiffs, ) ) v. ) Case No. 21-cv-00858 (APM) ) DONALD J. TRUMP, ) ) Defendant. ) _________________________________________ ) MEMORANDUM OPINION AND ORDER I. INTRODUCTION January 6, 2021 was supposed to mark the peaceful transition of power. It had been that way for over two centuries, one presidential administration handing off peacefully to the next. President Ronald Reagan in his first inaugural address described “the orderly transfer of authority” as “nothing less than a miracle.” 1 Violence and disruption happened in other countries, but not here. This is the United States of America, and it could never happen to our democracy. But it did that very afternoon. At around 1:30 p.m., thousands of supporters of President Donald J. Trump descended on the U.S. Capitol building, where Congress had convened a Joint Session for the Certification of the Electoral College vote. The crowd had just been at the Ellipse attending a “Save America” rally, where President Trump spoke. At the end of his remarks, he told rally-goers, “we fight, we fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore.” The President then directed the thousands gathered to march to the Capitol—an idea he had come up with himself. About 45 minutes after they arrived, hundreds of the President’s supporters forced their way into the Capitol building. Many overcame resistance by violently assaulting United States Capitol Police (“Capitol Police”) with their fists and with weapons. Others simply walked in as if invited guests. As Capitol Police valiantly fought back and diverted rioters, members of Congress adjourned the Joint Session and scrambled to safety. 1 President Reagan said on that day: To a few of us here today, this is a solemn and most momentous occasion; and yet, in the history of our Nation, it is a commonplace occurrence. The orderly transfer of authority as called for in the Constitution routinely takes place as it has for almost two centuries and few of us stop to think how unique we really are. In the eyes of many in the world, this every-4-year ceremony we accept as normal is nothing less than a miracle. President Ronald W. Reagan, First Inaugural Address (Jan. 20, 1981), https://www.reaganfoundation .org/media/128614/inaguration.pdf (last visited Feb. 17, 2022). 2 So, too, did the Vice President of the United States, who was there that day in his capacity as President of the Senate to preside over the Certification. Five people would die, dozens of police officers suffered physical and emotional injuries and abuse, and considerable damage was …
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