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Brandon Straka

January 6 Still Happened

The Atlantic

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A month after the January 6 insurrection, a page appeared on the Justice Department’s website naming the defendants charged for their alleged role in the Capitol riot. The list remained in place over the next four years, ballooning as the department brought charges against hundreds of people. Then, shortly after Donald Trump’s second inauguration, it vanished.

Trump has seized on his reelection as an opportunity to rewrite the story of January 6. Just hours after he assumed the presidency, he granted pardons and commutations to the insurrectionists who broke into the Capitol, calling their prosecutions a “grave national injustice.” The deletion of the Justice Department’s page on January 6 is a triumph for the insurrectionists whose crimes were erased, and for Republicans more generally, many of whom would simply rather not talk about the late unpleasantness.

But in the long term, the truth of what happened will prove difficult to bury. The roughly six hours during which rioters breached the Capitol are some of the most exhaustively documented in recent history, thanks to the many participants who filmed themselves in action and the investigative efforts of both the Justice Department and the House January 6 committee. Even Trump can’t wipe that away.

[Read: Republican leaders once thought January 6 was ‘tragic’]

Trump’s proclamation announcing the January 6 pardons portrays the grant of clemency as the beginning of a “process of national reconciliation,” a parody of the typical language of presidential mercy. He has demanded that the Justice Department drop all ongoing investigations into rioters not yet charged and placed the office that had carried out those prosecutions under the control of Ed Martin, a former “Stop the Steal” organizer who himself tweeted that he was at the Capitol the day of the insurrection. Days into Trump’s second term, when the president attended a rally in Las Vegas, standing behind him was Stewart Rhodes—the leader of the Oath Keepers and a prominent presence on January 6, who had just received a commutation of his 18-year sentence for seditious conspiracy.

In this upside-down version of January 6, the prosecutions were the crime, not the coup attempt. And, despite Trump’s smug assertion of “reconciliation,” his administration is now retaliating against the civil servants who played a role in prosecuting the insurrectionists. The Justice Department has fired 15 low-level prosecutors who worked on the January 6 cases, along with officials assigned to Special Counsel Jack Smith’s investigations of Trump. Thousands of FBI employees who worked on the January 6 investigations—by many metrics, the largest investigative effort in the bureau’s history—are also waiting to discover whether they, too, will be purged.

The disappearance of the Justice Department’s page on the insurrection, which had expanded to include not just information on defendants and charges but also a growing list of convictions and criminal sentences, was a particularly blunt metaphor for this erasure of history. On January 27, the page was replaced with a “Page not found” message. “This is a huge victory for J6ers,” Brandon Straka, a pro-Trump social-media influencer who himself received a pardon for his role on January 6, wrote on X. “This site was one of countless weapons of harassment used by the federal government to make life impossible for its targets from J6.”

[From the November 2023 issue: The patriot]

This is the politics of forgetting, and the United States is no stranger to it. David Blight, an American-history professor at Yale, has argued that January 6 is a novel twist on the “Lost Cause”—the Confederate narrative of noble sacrifice that fueled successful white resistance to multiracial democracy in the years after the Civil War. The original Lost Cause strengthened into a racist political force over decades. When I reached out to Blight to discuss the comparison, he seemed unnerved by how quickly the memory of January 6 had shifted toward revisionism. “We’re in an unusual moment where evidence doesn’t seem to make any difference,” he told me. “It’s in that world that January 6 is being processed as a historical marker.”

But that evidence does still exist. And among the dissenters to this enforced forgetting are the people who have spent the most time reviewing it: the judges. Trump’s actions “will not change the truth of what happened on January 6, 2021,” Judge Colleen Kollar-Kotelly wrote, reluctantly acknowledging that she had no ability to block the Justice Department from tossing out a January 6 defendant’s case. “What occurred that day is preserved for the future through thousands of contemporaneous videos, transcripts of trials, jury verdicts, and judicial opinions analyzing and recounting the evidence through a neutral lens.”

And it will be preserved, because those documents are not under the control of the Trump administration. PACER, the public system used by the federal courts to file legal documents, is run by the judicial branch. There is no mechanism through which a vengeful president can bar access to the thousands upon thousands of pages of court filings docketed in the hundreds and hundreds of charged January 6 cases—including the case against Trump. Days after the Justice Department deleted the database of rioters from its website, one judge in a January 6 case used his order dismissing the charges to memorialize the same resource that the department had scrubbed, attaching the almost 140-page spreadsheet as an appendix. That material is all publicly available, and it is not going away, whatever Trump says about injustice or reconciliation.

The same is true of the House January 6 committee’s work—the hours of hearings convened and broadcast as well as the nearly 900-page final report and its extensive compilation of evidence and depositions. It’s all freely accessible on the website of the Government Publishing Office, a legislative agency, and easily downloaded by anyone who wants to keep ahold of it. Outside the government, ProPublica retains an extensive database of videos posted to the defunct social-media platform Parler by rioters on January 6, documenting the siege of the Capitol minute by minute. NPR hosts a database of defendants that reproduces the information the Justice Department tried to delete.

There are more guerrilla-style efforts at archiving, too. As the NBC reporter Ryan J. Reilly has documented, the January 6 investigation was shaped by the volunteer efforts of ordinary people who mobilized online to sort through video and social-media posts and send tips to the FBI. Now some of that same energy has turned toward preserving the record. I spoke with one person who participated in those early crowdsourcing projects and is now maintaining a network of bare-bones websites where visitors can access a range of January 6 material, including court documents and videos posted on social media. Another collective is working to save video evidence on Archive.org and download the full spread of court documents. At the time I reached out, this group estimated that about 50,000 pages had been preserved this way so far.

[Read: The January 6er who left Trumpism]

Struggles over historical memory are ultimately “about the power of the story and who gets to control it,” Blight told me, rather than the strength of the facts. And for those who were attacked or threatened on January 6, or who have faced attacks since for their efforts to uncover what happened and bring the perpetrators to justice, the sudden revision of the story without regard for facts has done its own damage. “I get so many messages, ‘Harry, you’re a hero.’ I don’t want to be a hero,” Harry Dunn, a Capitol Police officer who protected Congress on January 6, told The New York Times. “I want accountability.”

Still, the existence of a robust historical record can eventually make a difference. Blight pointed to the white-supremacist coup in Wilmington, North Carolina, in 1898, the true violence of which was ignored for nearly a century until scholars began looking through the archive and publishing their findings. Today, it is widely recognized for what it was: a successful assault on multiracial democracy, carried out by a violent mob.

“You can almost predict that with that kind of evidence, as long as it’s not suppressed or destroyed,” historians will one day be able to tell the truth of what happened, Blight said. As the canard goes, history may be written by the victors. But in the long term—perhaps the very long term—it is also written by the people who kept the documents.