Inflamed, the gathered mob marched up the hill from The White House to the United States Capitol to protest, disrupt and prevent the counting of the … - J. Michael Luttig

Irrespective of the merits of the legal arguments that fueled the former president's efforts to overturn that election — irrespective of them, though there were none — those arguments, and therefore those efforts, by the former president were the product of the most reckless, insidious, and calamitous failures in both legal and political judgment in American history. From their inception, the legal arguments that underlaid the efforts to overturn the 2020 election were, in that context, little more than beguiling and frivolous, perhaps appropriate for academic classroom debate, but singularly inappropriate as counsel to the President of the United States of America in his effort to overturn the presidential election — an election he had lost fair and square and as to which there was not then, and there is not to this day, evidence of fraud. It is breathtaking that these arguments even were conceived, let alone entertained by the President of the United States at that perilous moment in history.

The war on democracy instigated by the former president and his political party allies on January 6 was the natural and foreseeable culmination of the war for America. It was the final fateful day for the execution of a well-developed plan by the former president to overturn the 2020 presidential election at any cost, so that he could cling to power that the American People had decided to confer upon his successor, the next president of the United States instead. Knowing full well that he had lost the 2020 presidential election, the former president and his allies and supporters falsely claimed and proclaimed to the nation that he had won the election, and then he and they set about to overturn the election that he and they knew the former president had lost. The treacherous plan was no less ambitious than to steal America's democracy. Called to Washington D.C. that day by the president, the president himself, and the president's followers, supporters, and allies gathered near The White House for a "Stop the Steal" rally. The president maintained at that rally that the 2020 presidential election had been "fraudulently stolen" from him.

It is no wonder that America is at war over her democracy. Every day for years now we have borne witness to vicious partisan attacks on the bulwarks of that democracy — our institutions of government and governance and the institutions and instrumentalities of our democracy — by our own political leaders and fellow citizens. Every day for years now we have witnessed vicious partisan attacks on our Institutions of Law themselves, our Nation's Judiciary, and our Constitution and the Laws of the United States — the guardians of that democracy and of our freedom. For years, we have been told by the very people we trust, and entrust, to preserve and to protect our American institutions of democracy and law that these institutions are no longer to be trusted, no longer to be believed in, no longer deserving of cherish and protection. If that is true, then it is because those with whom we entrusted these institutions have themselves betrayed our sacred trust. And, indeed, it does seem at the moment that we no longer agree on our democracy. Nor do we any longer seem to agree on the ideals, values, and principles upon which America was founded and that were so faithfully nurtured and protected by the generations and generations of Americans that came before us. Yet we agree on no other foundational ideals, values, and principles, either. All of a sudden it seems that we are in violent disagreement over what has made America great in the past and over what will make her great in the future. In poetic tragedy, political campaign slogan has become divisive political truth. And there is no reason to believe that agreement about America by we Americans is anywhere on the horizon, if for no other reason than that none of us is interested in agreement. In the moral catatonic stupor America finds itself in today, it is only disagreement that we seek, and the more virulent that disagreement, the better. This is not who we Americans are or who we want to be. Nor is this America or what we want America to be.