Expressing the sense of Congress regarding the violent insurrection at the United States Capitol on January 6, 2021.

IV 117TH CONGRESS 1ST SESSION H. RES. 28 Expressing the sense of Congress regarding the violent insurrection at the United States Capitol on January 6, 2021. IN THE HOUSE OF REPRESENTATIVES JANUARY 11, 2021 Mr. ESPAILLAT submitted the following resolution; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ethics, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned RESOLUTION Expressing the sense of Congress regarding the violent insur- rection at the United States Capitol on January 6, 2021. Whereas on the morning of January 6, 2021, President Don- ald J. Trump attended a rally on the National Mall where he encouraged a crowd of individuals to disrupt the proceedings of Congress to certify the votes of the elec- toral college for President and Vice President of the United States, stating that he himself would be in at- tendance; Whereas certain Members of Congress issued statements di- rectly calling on individuals to resort to violence to inter- vene in the certification of the votes of the electoral col- VerDate Sep 11 2014 23:22 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR28.IH HR28 pamtmann on DSKBC07HB2PROD with BILLS 2 •HRES 28 IH lege in an attempt to overturn the results of a valid, free, and fair election; Whereas in the months leading up to and following the 2020 Presidential election, President Donald J. Trump rigor- ously sowed discord, impaired the operations of the United States Postal Service, promoted conspiracy theo- ries, and outright lied to the American public in order to reduce confidence in the integrity of the election and dis- enfranchise voters; Whereas in the days and weeks following media outlets’ de- termination that Joseph R. Biden, Jr., had secured the necessary number of electoral votes to be declared Presi- dent-elect, President Trump, his legal representatives, and dozens of Republican Members of Congress and Sen- ators deliberately attempted to reverse the results of the election in various States and to disenfranchise millions of voters by bringing forth frivolous lawsuits at several levels of the United States judicial system; Whereas due to an utter lack of evidence and legal standing, these lawsuits were swiftly dismissed by dozens of judges, including those nominated by President Donald J. Trump and confirmed by the Senate; Whereas following his decisive defeat in both the November Presidential election and legal efforts that followed, President Donald J. Trump, alongside more than 100 Republican Members of the House of Representatives and a dozen Republican Senators, announced their intent to object to the certification of the votes of certain States’ electors perpetuating baseless claims about the integrity of the election, and encouraged their supporters to de- scend on the Capitol on January 6, 2021, to ‘‘stop the steal’’; VerDate Sep 11 2014 23:22 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR28.IH HR28 pamtmann on DSKBC07HB2PROD with BILLS 3 •HRES 28 IH Whereas on the afternoon of January 6, 2021, a mob of thousands of domestic terrorists and seditionists engaged in a sustained effort to bypass United States Capitol Po- lice and officers under direction of the Sergeants at Arms of the House and Senate in order to delay and disrupt Congress’ constitutional and statutory duty of certifying the 2020 Presidential election results; Whereas the responding officers from the Sergeants at Arms of the House and Senate, United States Capitol Police, National Guard, and Metropolitan Police Department of the District of Columbia were physically assaulted and threatened with deadly weapons and firearms; Whereas the security preparations by these and other law en- forcement agencies were inexplicably and dangerously in- adequate to meet the clear and present threat posed to Members of Congress and individuals in the line of suc- cession to the Presidency; and Whereas as a result of this insurrection, two individuals were fatally wounded in the United States Capitol and many others were severely injured: Now, therefore, be it Resolved, That it is the sense of Congress that— 1 (1) President Donald J. Trump did knowingly 2 and purposefully incite a violent and unlawful insur- 3 rection against the United States; 4 (2) any individual who participated in, aided, or 5 abetted the violent and unlawful insurrection at the 6 United States Capitol on January 6, 2021, should 7 be prosecuted to the fullest extent under the laws of 8 the United States and be brought to justice, and 9 VerDate Sep 11 2014 23:22 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR28.IH HR28 pamtmann on DSKBC07HB2PROD with BILLS 4 •HRES 28 IH considered ineligible for civil or military office under 1 the United States pursuant to section 3 of the 14th 2 Amendment to the Constitution; 3 (3) for any House Member, Delegate, or Resi- 4 dent Commissioner who participated in, aided, or 5 abetted this violent insurrection, or through their 6 public pronouncements via official or unofficial chan- 7 nels encouraged it, the Committee on Ethics of the 8 House of Representatives should initiate an inves- 9 tigation into whether such Member, Delegate, or 10 Resident Commissioner may have violated the Code 11 of Official Conduct set forth in rule XXIII of the 12 Rules of the House of Representatives and deter- 13 mine the appropriate sanction, up to and including 14 expulsion; 15 (4) for any Senator who participated in, aided, 16 or abetted this violent insurrection, or through their 17 public pronouncements via official or unofficial chan- 18 nels encouraged it, the Select Committee on Ethics 19 of the Senate should conduct a similar investigation 20 and recommend similarly appropriate sanctions; and 21 (5) a commission should be established to inves- 22 tigate all factors leading to the breach of the United 23 States Capitol and the Capitol Complex during this 24 VerDate Sep 11 2014 23:22 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR28.IH HR28 pamtmann on DSKBC07HB2PROD with BILLS 5 •HRES 28 IH violent insurrection and to provide recommendations 1 to ensure no such events ever occur again. 2 Æ VerDate Sep 11 2014 23:22 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\HR28.IH HR28 pamtmann on DSKBC07HB2PROD with BILLS