The text from Greene (R-Ga.), revealed this week, brought to the fore the chorus of Republicans who were publicly and privately advocating for Trump to try to use the military and defense apparatus of the U.S. government to strong-arm his way past an electoral defeat. Now, discussions involving the Trump White House about using emergency powers have become an important — but little-known — part of the House Jan. 6 committee’s investigation of the 2021 attack on the Capitol.
In subpoenas, document requests and court filings, the panel has demanded information about any Trump administration plans to use presidential emergency powers to invoke martial law or take other steps to overturn the 2020 election.
Interviews with committee members and a review of the panel’s information requests reveals a focus on emergency powers that were being considered by Trump and his allies in several categories: invoking the Insurrection Act, declaring martial law, using presidential powers to justify seizing assets of voting-machine companies, and using the military to require a rerun of the election.
“Trump’s invocation of these emergency powers would have been unprecedented in all of American history,” said J. Michael Luttig, a conservative lawyer and former appeals court judge.
There is no proof Trump ordered any U.S. official to invoke emergency powers, and many of Trump’s advisers and attorneys say privately they would have balked at such a request. An adviser to former vice president Mike Pence said he was never asked to invoke any emergency powers. But several advisers said that Trump was interested in seizing voting machines and that he did at times suggest that the election should be done over.
Some advisers interviewed for this report spoke on the condition of anonymity to discuss sensitive matters. A representative for Trump did not respond to a request for comment.
Trump listened in White House meetings and on phone calls as allies including Sidney Powell, Mike Lindell, Patrick Byrne and Rudy Giuliani stoked baseless conspiracy claims about voting machines and other matters, according to people present for those conversations. At least some of these figures proposed extraordinary measures, and Trump at times seemed to signal his agreement, according to people present.
Trump even suggested Powell should be appointed as special counsel after she proposed some extreme measures, former White House advisers said, and she made several return trips to the building. That notion was eventually scuttled.
“Trump had a lot of emotional people around him,” said Sen. Lindsey O. Graham (R-S.C.), a Trump ally. “You got all these nefarious characters around him pushing him to do things, but it didn’t happen.”
Among the records the panel is examining are memos authored and circulated by Trump allies that centered on using government powers to seize voting machines, as well as text messages showing lawmakers such as Greene and Rep. Scott Perry (R-Pa.) directly lobbying Meadows to invoke extraordinary powers on the basis of false conspiracy claims. As it continues to examine and collect such evidence, the House committee is trying to determine just how seriously Trump considered these proposals, according to a member of the panel.
Meanwhile, the Jan. 6 committee is also looking to suggest changes to emergency-powers statutes that would provide guardrails against abuse going forward.
“I consider it important for us to determine to what extent the president was prepared or preparing to use the Insurrection Act…
Read More: Talk of martial law, Insurrection Act draws notice of Jan. 6 committee
