E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
As our nation confronts the first anniversary of the attack
on the Capitol, we might consider a 187-minutes of silence – from 1:10 pm to
4:17 pm EST today. This is the length
of time President Trump waited after the end of his speech on the Ellipse before
asking the attackers to go home.
I know your pain, I know you're
hurt. We had an election that was stolen from us. It was a landslide election
and everyone knows it, especially the other side. But you have to go home now.
We have to have peace. We have to have law and order. We have to respect our
great people in law and order. We don't want anybody hurt. It's a very tough
period of time. There's never been a time like this where such a thing happened
where they could take it away from all of us — from me, from you, from our
country. This was a fraudulent election, but we can't play into the hands of
these people. We have to have peace. So go home. We love you. You're very
special. You've seen what happens. You see the way others are treated that are
so bad and so evil. I know how you feel, but go home, and go home in peace.”
Our President wasn’t completely Twitter silent during this
187-minute period.
The first rioters breached the Capitol defenses and began
entering the building at 2:12 pm.Trump
responded at 2:24 pm, not by asking them to “stand down, and stand by”
but by posting:
Mike Pence didn't have the courage
to do what should have been done to protect our Country and our Constitution,
giving States a chance to certify a corrected set of facts, not the fraudulent
or inaccurate ones which they were asked to previously certify. USA demands the
truth!
Then at 2:38 pm, more than an hour and half the attack
began, he tweeted:
Please support our Capitol Police
and Law Enforcement. They are truly on the side of our Country. Stay peaceful!
The insufficiency of this tweet, which again failed to ask
the rioters to leave the Capitol was immediately apparent to his son, Donald
Trump Jr., who franticly texted White House Chief of Staff Mark Meadows:
At 3:13 pm, more than two hours after the attack began, our
President tweeted:
I am asking for everyone at the
U.S. Capitol to remain peaceful. No violence! Remember, WE are the Party of Law
& Order – respect the Law and our great men and women in Blue. Thank you!
As with his earlier tweets, Trump fails to ask the
protesters to leave the Capitol. It is hard for me to fathom that for still another
hour from 3:13 to 4:17, Trump maintained Twitter silence. Only then did he
tweet the mixed message which simultaneously inflamed by reiterating the lie
that the election was “stolen” along with the call “So go home. We love you.
You're very special. You've seen what happens. You see the way others are
treated that are so bad and so evil. I know how you feel, but go home, and go
home in peace.”To say that this was too
little, too late does not begin to convey the dilatory scope of Trump’s
failure.
* * *
As I think back to these harrowing moments a year ago, I am
filled with visceral fear that the Capitol would be burned.Much of me wants to turn away from those
memories.
We should resist the impulse to rush to enshrining
particular modes of remembrance. And I tend to favor ways of observing
anniversaries of our past that allow us as a nation to move forward.But at least for this first anniversary, we
might consider meeting Trump’s past silence with silence of our own. It is
difficult in our constantly-connected world for people to remain silent for
even one minute, and I can’t imagine that many Americans could bring themselves
to remain silent for 187 minutes. But as we watch video footage of the Capitol attack
today, let us consider for at least a few moments what for so long was left
unsaid.