There has clearly been inquiries and limited testimony but very little information has been made publicly, including information that is clearly in the possession or available to the House. Instead reports indicate that the House is building what was described as an “emotionally charged” case before the Senate with cellphone calls and witness testimony rather than evidence focusing on the intent element. I admit that I have the bias of a criminal defense attorney but that is not a case for conviction. It is a case of public appeal.

This question is even more striking given the public statements of key witnesses like former Acting Secretary of Defense Chris Miller and his two closest aides, Kashyap “Kash” Patel and Ezra Cohen. Miller says that Trump told him the day before the riot that “You’re going to need 10,000 people.” Miller added “No, I’m not talking bullshit. He said that. And we’re like, ‘Maybe. But you know, someone’s going to have to ask for it.’” He said Trump responded “You do what you need to do. You do what you need to do. You’re going to need 10,000.’”

That account shows Trump knew that there might be problems with the rally the next day. Many voiced the same concern. However, it also shows Trump warning that troops would be needed. The question is whether he did anything to prepare for such a deployment or interfere or delay with deployment. Witnesses like Miller would know. Yet, they are giving interviews but not public testimony under oath.