Sure. I'll quote from the ruling.
The question remains whether the record supported the district court's finding that President Trump engaged in the January 6 insurrection by acting overtly and voluntarily with the intent of aiding or furthering the insurrectionists common unlawful purpose. Again, mindful ofour applicable standard of review, we conclude that it did, and we proceed to a necessarily detailed discussion of the evidence to show why this is so.
Substantial evidence in the record showed that even before the November
2020 general election, President Trump was laying the groundwork for a claim that the election was rigged. For example, at an August 17,2020 campaign rally, he said that the only way we're going to lose this election is if the election is rigged.
Moreover, when asked at a September 23,2020 press briefing whether he would commit to a peaceful transfer of power after the election, President Trump refused to do so.
President Trump then lost the election, and despite the facts that his advisors repeatedly advised him that there was no evidence of widespread voter fraud and that no evidence showed that he himself believed the election was wrought with fraud, President Trump ramped up his claims that the election was stolen from him and undertook efforts to prevent the certification of the election results.
For example, in a December 13, 2020 tweet, he stated, Swing States that have found massive VOTER FRAUD, which is all of them, CANNOT LEGALLY CERTIFY these votes as complete & correct without committing a severely punishable crime.
And President Trump sought to overturn the
election results by directly exerting pressure on Republican office holders in various states.
On this point, and relevant to President Trump's intent in this case, many of
the state officials targeted by President Trump's efforts were subjected to abarrage
of harassment and violent threats by his supporters.
President Trump was well aware of these threats, particularly after Georgia election official Gabriel Sterling issued a public warning to President Trump to "stop inspiring people to commit potential acts of violence or omeone's going to get killed."
President Trump responded by retweeting a video of Sterling's press conference
with a message repeating the very rhetoric that Sterling warned would result in
violence.
And President Trump continued to fan the flames of his supporters ire, which he had ignited,with ongoing false assertions of election fraud, propelling the Stop the Steal movement and cross-country rallies leading up to January 6.
Specifically, between Election Day 2020 and January 6, Stop the Steal organizers held dozens of rallies around the country, proliferating President Trump's election disinformation and recruiting attendees, including members of violent extremist groups like the Proud Boys, the Oath Keepers, and the Three Percenters, QAnon conspiracy theorists, and white nationalists, to travel to Washington, D.C. onJanuary 6.
Stop the Steal leaders also joined two "Million MAGA Marches" in Washington, D.C. on November 14, 2020, and December 12, 2020. Again, as relevant to President Trump's intent here, after the November rally turned violent, President Trump acknowledged the violence but justified it as self defense against "ANTIFA SCUM."
With full knowledge of these sometimes-violent events, President Trump sent the following tweet on December 19, 2020, urging his supporters to travel to
Washington, D.C. on January 6: "Statistically impossible to have lost the 2020 Election. Big protest inD.C. on January 6. Be there, will be wild!"
Atthis point, the record established that President Trump's plan was that when Congress met to certify the election results on January 6, Vice President Pence could reject the true electors who voted for President Biden and certify a slate of fake electors supporting President Trump or he could return the slates to the states for further proceedings.
Far right extremists and militias such as the Proud Boys, the Oath Keepers, and the Three Percenters viewed President Trump's December 19, 2020 tweet as a
"call to arms," and they began to plot activities to disrupt the January 6 joint
session of Congress.
In the meantime, President Trump repeated his invitation to come to Washington, D.C. on January 6 at least twelve times.
Part I