Albany – Today New York State Senator Liz Krueger and 39 other senators released a letter to Congressional leaders and Acting Attorney General Jeffrey A. Rosen, calling for President Trump to be held accountable for inciting the violent insurrection against the US government that occurred yesterday in Washington, D.C. The letter from the senators can be downloaded from this page or viewed by clicking here, and is reprinted below.
January 7th, 2021
Hon. Mitch McConnell, Majority Leader, United States Senate
Hon. Nancy Pelosi, Speaker, United States House of Representatives
Hon. Charles E. Schumer, Minority Leader, United States Senate
Hon. Kevin McCarthy, Minority Leader, United States House of Representatives
United States Capitol
Washington, D.C. 20515
Dear Leader McConnell, Speaker Pelosi, Leader Schumer, and Leader McCarthy:
As you know, yesterday, Wednesday, January 6th, 2021, the President of the United States, Donald J. Trump, and his co-conspirators, directly incited and encouraged an armed and violent insurrection against the government of the United States, with the express purpose of preventing the peaceful transfer of power and overturning the results of a free and fair election.
In the months leading up to yesterday’s events, the President, members of his administration, and numerous elected members of his party, intentionally spread false and inflammatory claims regarding the legitimacy of the election, and both implicitly and explicitly promised violent or armed opposition to prevent the election from being certified and the President-Elect from taking office.
Yesterday, following the President’s incitement, a mob attacked and violently forced entry into the United States Capitol Building, endangering the lives of Capitol Police, Members of Congress, and building staff, and causing a delay in the certification of the results of the recent presidential election.
In the course of their attack, the insurrectionists trespassed on and destroyed Federal property, including flagrantly looting the Capitol, and openly bragged about their exploits on social media. The attackers carried white supremacist symbols including the flag known as the “Confederate battle flag,” as well as anti-Semitic and fascist symbols including swastikas. At the same time as many were carrying these symbols of the enemies of the United States, some of the attackers were observed removing the flag of the United States, throwing it to the ground, and replacing it with a flag bearing the name of President Donald J. Trump.
Respectfully, we draw your attention to 18 U.S. Code § 2383, which states: “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”
In addition, we draw your attention to the Fourteenth Amendment to the United States Constitution, which states: "No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
In light of yesterday’s appalling events, we, the undersigned members of the New York State Senate, call on the United States Congress to hold President Donald J. Trump accountable for inciting an insurrection against the government of the United States, using all avenues available, up to and including impeachment and immediate removal from office.
In addition, we call on Congress to hold accountable any members of Congress who may have incited, encouraged, assisted, or offered aid and comfort to insurrectionists, using all avenues available, up to and including expulsion of members.
We further call on the United States Department of Justice to thoroughly, transparently, and impartially investigate the incidents of Wednesday, January 6th, and bring to justice anyone and everyone involved, including the President of the United States and his co-conspirators.
As elected representatives of the people of the State of New York, we stand by the two hundred forty-four year old democratic and pluralistic promise of the United States of America. We will not allow it to be destroyed by the divisive and hateful actions of an aspiring petty tyrant and his followers.
Joseph Addabbo, Jr.
Timothy M. Kennedy
Toby Ann Stavisky
Neil D. Breslin
Acting United States Attorney General Jeffrey A. Rosen
New York State Congressional Delegation