Episodios
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The fate of Donald Trump and the Jan. 6 prisoners are intertwined. The prisoners' biggest hope for freedom is if Donald Trump wins the 2024 election, takes office and makes the federal cases go away. But the people who stormed the Capitol committed straightforward crimes that were easier to investigate, easier to indict, easier to prove. Three years after Jan. 6, the story of how they have been held criminally accountable is mostly over.
But for Trump and other Jan. 6 plotters, that story is just beginning.
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It’s December 2020. Donald Trump continues to deny that he has lost the election. He and his inner circle are working feverishly to try to overturn it while Trump is getting more and more irate. Then, on Dec. 21, he meets a man named Jeffrey Clark. Suddenly, the full might of the Justice Department is within reach. And he plans to use it.
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Social media was key to Jan. 6. End to end. It was key to gathering the crowd that stormed the Capitol. It was key to generating the sentiment that led people to drop their lives to come to Washington willing to commit crimes. It was key to sending them home when the deed was done. Of course, we’re all on social media. But how does social media propel people to action, even inspire them to move from online to on the ground—and to the grounds of the Capitol? It’s impossible to track. But we know that some accounts wielded enormous influence, and none more so than Donald Trump’s. The thing is, Trump wasn’t the only one behind his social media face. He had one trusted aide who ran the accounts with him.
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In December 2020, The President and his advisors are still fighting to overturn the results of November’s presidential election. Then, in the middle of the month, a lawyer in Wisconsin sends a memo to the president’s legal team. This memo marks the beginning of a scheme that works its way through state legislatures and the halls of Congress, then to Trump himself. It is a scheme that ends with the Vice President of the United States in mortal danger. The main architect and proponent of this scheme is a little-known law professor from California, John Eastman.
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It’s been three years since the insurrection of January 6th. There have been congressional investigations, prosecutions, and legal reforms, and it’s looking like 2024 will be the year that Donald Trump and his inner circle finally confront the criminal justice system. But is that enough to respond to an existential threat to our democracy?
It all started with a lie: that Trump had won the 2020 election. So we begin there, with a look at the man who—other than Trump—mattered more to the Big Lie than anybody else: Rudy Giuliani.
Guests include: Kyle Cheney, Congressional Reporter at POLITICO & Aaron Blake, Political Reporter and author of the upcoming Campaign Moment newsletter at the Washington Post.
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The season finale delves into what was going on behind the scenes in the Jan. 6 committee’s investigation in the months between its first public hearing to its second, almost a year later. To many, the Jan. 6 committee’s public silence seemed to indicate that it simply wasn’t doing anything. The records trickling out of the court system, however, told a much different story. Episode 6 details the committee’s legal battles over subpoena compliance, executive privilege, contempt, investigating fellow members of Congress, and more. It was these battles that provided glimpses into the committee’s efforts to build a case against the former president to prove that Trump and his allies did, in fact, attempt to shatter the foundation of American democracy.
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In this fifth episode of The Aftermath, we explore another aspect of Congress’s response to Jan. 6: efforts to create an investigative body to find out what had happened. Proposals for a national commission began the day after the attack and continued to gain traction with support from both Democrats and Republicans. After a months-long negotiation, the House passed a bill establishing a bipartisan national commission on the model of the 9/11 Commission, which had conducted a widely-respected investigation of the terrorist attacks of September 11, 2001. But by the time the bill came to the floor, the political winds had shifted, and Senate Republicans ensured its ultimate failure. This led, perhaps surprisingly, to the creation of the now-famous Jan. 6 Select Committee—which was no one’s first choice. But why did it come to this?
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This episode of The Aftermath recalls the brief period where Democrats and Republicans worked together to respond to Jan. 6—and actually made a lot of progress. How?
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In the days after the January 6th insurrection, for Raskin and his colleagues, it wasn’t entirely clear that the insurrection was over. And for at least a brief moment, there seemed to be some kind of consensus.
The moment turned out to be brief indeed, at least with respect to accountability for Trump himself. Within a week, the consensus had devolved into a sharp partisan divide. The House had passed an article of impeachment charging Trump with incitement to insurrection—but only a small handful of Republicans supported it. Less than two weeks after that, President Biden had taken office and Raskin was prosecuting the former president in Trump’s second Senate impeachment trial.
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In the wake of January 6, there were immediate calls for en masse arrests of all individuals on the Capitol compound, and demands that every one of them be hauled into court to stand trial.
But our justice system does not work that way. The bedrock of our legal system is the due process of law. You can’t be tried for being part of an insurrectionist mob, only for the specific things that you did–or, more precisely, what prosecutors can prove you did.
January 6, is not one case, but thousands of cases. In this episode, we explore what happened inside the Department of Justice in the days after the Capitol Attack.
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The Aftermath is not a podcast about the insurrection itself, or about how we got there. It’s a podcast about what happened next – how our democracy is attempting to right itself in the face of an existential threat. Who is being criminally prosecuted, and who isn’t. How is Congress taking action—and what is it ignoring. And how are our institutions telling the story—and who gets to tell it.
To set the scene for this project we are going to spend one episode—this one—on the events of the day itself. How what happened on January 6 revealed the difficult questions that people have spent the last year trying to answer.
This is Episode 1: Day Zero, Ground Zero.
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Mahnaz was a member of a Female Tactical Platoon in the Afghan Military. She was one of tens of thousands of Afghans who came to the United States during the withdrawal from Afghanistan. In our final episode, you’ll learn about the bureaucratic mess they’re still going through to get resettled. And how Congress could pass legislation to help, but it might not even come up for a vote.
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20 years of war and broken bureaucracy culminate during the US withdrawal at the Kabul airport. Thousands of Afghans rush to the tarmac where American forces sort through the crowds. Veterans, advocates and politicians try to get their allies out while the Taliban rapidly takes control of Afghanistan.
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We return to Fred—an Afghan combat interpreter who served with American soldiers for more than 13 years. After years of denials, an ad hoc team of lawyers and veterans tried to push his Special Immigrant Visa (SIV) application through federal bureaucracy. Then, we describe how a new president aimed to bring the SIV program to a screeching halt.
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Matt Zeller deployed to Afghanistan in 2008, where an Afghan interpreter saved his life. Matt spent years trying to get him resettled in the United States and saw the problems with the SIV program firsthand. Together, they started lobbying to fix it in Washington, DC.
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Fred took a job as an Afghan interpreter in 2004. He ended up serving side-by-side with American soldiers for more than 13 years. But when the Taliban started targeting him after a mission, Fred started looking for a way out. The SIV program was supposed to help.
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In 2003 the US started another war with the military invasion of Iraq. There, soldiers, aid workers, diplomats and politicians saw the threat that local interpreters, translators and partners faced for their work. That’s when Congress created the SIV program for Iraqi interpreters and then recreated it for Afghanistan. But it quickly became clear that this program wasn’t working as intended.
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In order to tell you this story, we need to start at the beginning. After 9/11, the CIA set their sights on al-Qaeda’s base in Afghanistan. When the military invaded that fall, people up and down the chain of command learned that, in order to fight this war, the US needed local partners to help.
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From Lawfare and Goat Rodeo, this is ALLIES: A podcast about America’s eyes and ears during 20 years of war in Afghanistan.
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On January 6, 2021, a mob of supporters of President Donald Trump attacked the United States Capitol in Washington, D.C. Their goal was to overturn his defeat in the 2020 presidential election, and they intended to do it by disrupting the joint session of Congress assembled to count electoral votes. President-elect Joe Biden's victory would not be official until that count was complete.
The Capitol was breached and lawmakers and staff were evacuated, while rioters assaulted law enforcement officers, vandalized property and occupied the complex. Five people died because of the events of that day. 138 police officers were injured. It was the most severe assault on the Capitol building in more than two centuries and the most forceful attack on the peaceful transition of power in the history of the American presidency.
The Capitol attack created fraught legal and political challenges that have played out over the year since. How do we combat an attempted insurrection against our nation’s institutions? Who is responsible, and how do we hold them accountable? What reforms do we need to prevent this from happening again? Can we even tell the whole story?
From Lawfare and Goat Rodeo, this is The Aftermath, a new series to explore the government’s response to January 6th and the search for accountability.
What exactly has our legal system been doing the last year? Are we actually equipped to deal with a growing call for political violence? How does one prosecute a riot? Can Congress pass reforms and tell the story? And where do we go from here? This series isn’t about the events leading up to the attack, or about the attack itself, it's about what happened next—about the efforts to confront and counter an insurrection.
Coming on January 6, 2022...
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