Fallout intensifies over Trump's response to Capitol riot

By Meg Wagner and Melissa Macaya, CNN

Updated 1235 GMT (2035 HKT) January 9, 2021
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1:30 p.m. ET, January 8, 2021

Clyburn's spokesperson tells CNN they found his iPad, was not taken by rioters

From CNN's Daniella Diaz and Brian Fung

Rep. Jim Clyburn attends a news conference at the Capitol on November 18, 2020.
Rep. Jim Clyburn attends a news conference at the Capitol on November 18, 2020. Al Drago/Bloomberg/Getty Images

As questions continue to arise over the potential security ramifications after the Capitol building was stormed on Wednesday, Rep. Jim Clyburn, a Democrat from South Carolina, told reporters on a call today that his iPad was stolen during the breach. 

A spokesperson for Clyburn now tells CNN that the iPad has been found and was not stolen.

"Whip Clyburn’s iPad is safe and sound. In the chaos on Wednesday, a staffer moved it to a more secure location and other staff was unaware," a spokesperson for Clyburn told CNN.

Some lawmakers have reported that they had items stolen, Sen. Jeff Merkley, a Democrat from Oregon, said rioters who ransacked his office at the US Capitol stole a laptop that was on a table.

According to authorities, multiple senators' offices were hit during the breach of the Capitol.

"This is probably going to take several days to flesh out exactly what happened, what was stolen, what wasn't," said Michael Sherwin, acting US attorney for the District of Columbia, said on a call with reporters Thursday afternoon. "Items, electronic items, were stolen from senators' offices. Documents, materials, were stolen, and we have to identify what was done, mitigate that, and it could have potential national security equities. If there was damage, we don't know the extent of that yet."

Why this matters: The thefts raise questions about Congress's cybersecurity posture and whether US officials have done enough to secure their computing devices and networks from direct, physical access.

1:20 p.m. ET, January 8, 2021

Clinton and Obama will attend Biden's inauguration

From CNN’s Jeff Zeleny

President-elect Joe Biden speaks in Wilmington, Delaware, on January 7.
President-elect Joe Biden speaks in Wilmington, Delaware, on January 7. Susan Walsh/AP

Three former American presidents do plan to be in attendance for the inauguration of Joe Biden on Jan. 20, officials say, with Bill Clinton, Barack Obama and George W. Bush all making plans to be in Washington for the official transfer of power.

With President Trump making it clear today that he will not attend, an official tells CNN that Bush, Clinton and Obama all plan to attend. Jimmy Carter is unable to travel.

All four living former presidents derided the rioters who forced an evacuation of the House and Senate chambers of the Capitol in strongly worded statements that stressed the need for a peaceful transfer of power.

The attack on the Capitol has raised security concerns ahead of inauguration.

11:34 a.m. ET, January 8, 2021

Transportation Secretary Chao makes no mention of her reasons for resigning in farewell video

From CNN's Pete Muntean and Greg Wallace

Elaine Chao, secretary of transportation, listens during a policy announcement in Washington, DC, in September 2019.
Elaine Chao, secretary of transportation, listens during a policy announcement in Washington, DC, in September 2019. Andrew Harrer/Bloomberg/Getty Images

Less than 24 hours after saying she would resign following the attack on the Capitol, outgoing Secretary of Transportation Elaine Chao has posted a farewell video.

In a three-minute video posted to YouTube and tweeted from her official account, Chao thanked employees and said she is “especially proud” of the Department of Transportation’s response to the Covid-19 crisis which “will be remembered as one of the department’s finest moments.” 

DOT never mandated mask-wearing on airlines and other transportation systems, despite calls from unions and airlines for increased federal help and leaving carriers to draft their own policies. 

Pete Buttigieg, the former mayor of South Bend, Indiana and 2020 Democratic presidential candidate, has been tapped to lead the department under President-elect Biden, who has said he will mandate masks on all forms of transportation. 

11:22 a.m. ET, January 8, 2021

GOP Sen. Lindsey Graham weighs in on impeachment, saying it would be "unsuccessful" in Senate

From CNN's Ali Zaslav and Nicky Roberston

Sen. Lindsey Graham speaks at a news conference at the Capitol on January 7.
Sen. Lindsey Graham speaks at a news conference at the Capitol on January 7. Alex Wong/Getty Images

Republican Sen. Lindsey Graham said in a Twitter thread on Friday impeaching President Trump in his final days would “do more harm than good," adding that it would be “unsuccessful” in the Senate.

"If Speaker Pelosi pushes impeachment in the last days of the Trump presidency it will do more harm than good. I’m hopeful President-elect Biden sees the damage that would be done from such action," one of the tweets said.

Graham said that it is "time to heal and move on."

"Any attempt to impeach President Trump would not only be unsuccessful in the Senate but would be a dangerous precedent for the future of the presidency. It will take both parties to heal the nation," he said in the tweets.

Some context: House Speaker Nancy Pelosi and her leadership team ran through their options Thursday night and the overwhelming sentiment was impeachment was the way forward, according to multiple sources.

One representative said that articles of impeachment could be voted on “as early as mid-next week.” 

See Graham's tweets:

11:11 a.m. ET, January 8, 2021

US Capitol flags lowered to half-staff in honor of dead police officer

From CNN's Eric Levenson, Amir Vera and Mallika Kallinga

The US flag at the Capitol is lowered to half-staff on January 8 following the death of Capitol Police Officer Brian Sicknick.
The US flag at the Capitol is lowered to half-staff on January 8 following the death of Capitol Police Officer Brian Sicknick. Joe Raedle/Getty Images

House Speaker Nancy Pelosi ordered that the flags at the US Capitol to be flown at half-staff due to the death of Capitol Police Officer Brian Sicknick, according to a tweet from Pelosi’s Deputy Chief of Staff Drew Hammill.

Capitol Police released a statement saying Sicknick died Thursday night "due to injuries sustained while on-duty."

Sicknick was injured while physically engaging with the rioters and collapsed after returning to his division office. "He was taken to a local hospital where he succumbed to his injuries," the Capitol Police statement said.

Sicknick joined the USCP in July 2008, and most recently served in the Department's First Responder's Unit.

1:20 p.m. ET, January 8, 2021

Trump will not attend Biden's inauguration 

From CNN's Betsy Klein and Kevin Liptak

President Donald Trump is pictured in the White House on November 26.
President Donald Trump is pictured in the White House on November 26. Erin Schaff/Pool/Getty Images

President Trump will not attend the peaceful transfer of power to President-elect Joe Biden on Capitol Hill in 12 days, he confirms in a tweet.

He just tweeted this:

Additionally, a source with knowledge of her plans, tells CNN that first lady Melania Trump will also not attend Biden’s inauguration.

The Trumps are right now scheduled to leave Washington on Jan. 19, this source says, but cautions those plans could always change.

Trump conceded publicly for the first time last night that he will not serve a second term, stopping short of congratulating President-elect Joe Biden but acknowledging a transfer of power is now underway.

"A new administration will be inaugurated on January 20," Trump said in the video, which was taped at the White House. "My focus now turns to ensuring a smooth, orderly and seamless transition of power."

A White House adviser in discussions with senior officials said Trump recorded the video only because his presidency is threatened by looming resignations and potential impeachment.

11:10 a.m. ET, January 8, 2021

GOP congressman blames Trump for inciting rioters but exonerates the lawmakers objecting to election results

From CNN's Aditi Sangal

Rep. French Hill on January 8.
Rep. French Hill on January 8. CNN

GOP Rep. French Hill says while he thinks President Trump bears responsibility for inciting the rioters to storm the US Capitol, the same does not apply for his fellow Republican members of Congress who voted to object to the election results in line with the President's claims of voter fraud.

Despite the courts and former Attorney General Bill Barr finding no cases of widespread voting irregularities, representatives “were trying to represent the views of their constituents on the House floor, that they were concerned about election integrity,” he said.

He added:

“But anyone whose proposed rhetoric that encourages people to think that on January 6, that we were going to have a different outcome, that we were going to overturn the election, is contributing to misleading the American citizens and our voters and we should not do that, whether we’re in the House, the Senate or in the White House.”

However, he did not support impeaching Trump.

The focus should be on “having a safe, sound and appropriate transfer of power at noon on Jan. 20, instead of calling all the attention to the passions of the House over this next 12 days to pursue another impeachment.”

Watch more:

10:54 a.m. ET, January 8, 2021

White House counsel considering resigning, source says

From CNN's Pam Brown

White House Counsel Pat Cipollone listens during a Supreme Court confirmation hearing at the Capitol on October 14, 2020.
White House Counsel Pat Cipollone listens during a Supreme Court confirmation hearing at the Capitol on October 14, 2020. Erin Schaff/Pool/Getty Images

White House Counsel Pat Cipollone is considering resigning, two sources familiar tell CNN.

Since the election, he had considered resigning multiple times, but has been urged to stay for the good of the country by members of the Senate and the Cabinet.

“He’s there out of a sense of duty,” one source said.

Despite being at loggerheads with the President in recent weeks, he has been influential behind the scenes this week with having the national guard deployed and encouraging Trump to be more forceful in his statements.

Cipollone was also among those advising the President that he could be removed from office – via the 25th Amendment or impeachment – if he did not more forcefully denounce the actions of his supporters who attacked the US Capitol. He had also pushed backed on the legality of strategies Trump floated with other attorneys, such as Rudy Giuliani and Sidney Powell, as a means to disputing the 2020 presidential election results.

“Pat is a true public servant dedicated to the rule of law and his country,” another source close to Cipollone said. 

Some context: Cipollone's exit would add to a growing list of Trump administration officials, which now includes Cabinet members, who have resigned from their government roles since the Capitol siege.

Cipollone defended the President during his first impeachment proceedings, but his potential exit raises questions about who would represent Trump if current impeachment talks pick up steam. Cipollone's participation is now highly unlikely. 

9:34 a.m. ET, January 8, 2021

House Judiciary aides working with representatives on impeachment articles in preparation of potential vote

From CNN's Jeremy Herb and Lauren Fox

House Judiciary Committee aides are consulting with the authors of one of the Democratic impeachment resolutions – Reps. David Cicilline, Jamie Raskin and Ted Lieu – in order to prepare for a potential impeachment vote on the House floor next week, according to three sources.

The aides are helping to edit and fine-tune the impeachment resolution, the sources said, which includes the charge of “inciting an insurrection.”

Some background: The aides are helping to ready the impeachment resolution so House Democrats can move quickly to the floor if they decide to move forward and vote to impeach President Trump following the Trump-incited riots at the Capitol.

The resolution from Cicilline, Raskin and Lieu appears to be the vehicle that would be used for impeachment, and it has 120 co-sponsors so far. House Judiciary Chairman Jerry Nadler said Thursday that he supported bypassing his committee and moving impeachment articles straight to the floor.