Felix Smith's letter to the Speaker about the insurrection

February 5, 2022

The Honorable Nancy Pelosi

Speaker of the House

11236 Longworth HOB Washington, D.C. 20515

Subject: The January 6th insurrection and possible remedy

Dear Honorable Pelosi:

You are receiving this letter with attached paper “We should never forget the attempt to over turn the election of 2020”, because of your efforts to protect voting rights and to get to the bottom of the January 6, 2021 insurrection cesspool. Former President Trump and his supporters are actively pushing the “Big Lie” that the 2020 election was stolen and making money off such antics.

I have been a government watcher for years. I was a Federal Civil Service employee for 34 years. I have learned a lot from what happened in the weeks before, during and after the January 6 insurrection. The United States has gone through the worst American democracy crisis of my life – 90 years. Other say the January 6 insurrection was the greatest threat to American democracy since the Civil War. It was a threat from within by a disgruntled Mr. Trump and some of his followers. I recognize the threat to our American democracy by Mr. Trump and his conspiracy driven followers. I believe you will find the attached short paper “We should never forget the attempt to over turn the election of 2020” interesting and maybe informative.


Felix E. Smith.

4720 Talus Way

Carmichael, CA 95608


Copies of this letter and paper have been sent to the following:

Senator Dianne Feinstein Hart Office Bld, St 331 Washington, D. C. 20510

Congressman Ami Bera 1727 Longworth HOB Washington, D.C. 20515

Senator Alex Padilla 112 Hart Senate Office BuildingnWashington DC 20510

Senator Chuck Schumer 322 Hart Senate Office Building Washington DC 20510

Senator Bernie Sanders 332 Dirkson HOB Washington, D. C. 20515 hc

Nancy Pelosi Speaker of the House 1236 Longworth HOB Washington, D. C. 20515 hcf

Senator Amy Klobuchar 302 Hart Senate Office Building Washington DC 20510 hc

Bennie G. Thompson – Chair. Jan.6 Sel. Comm. 2466 Rayburn HOB Washington, D. C. 20515. hc

Alexandria Ocasio Cortez 216 Cannon HOB Washington, D. C. 20515 hc

Liz Chaney 416 Cannon HOB Washington, D. C. 20515 hc

Rachel Maddow - Floor 4 West 30 Rochefeller Plaza New York, NY 10112 Rachel@msnbc.com

Chris Hayes 30 Rochefeller Plaza New York, NY 10012 hayes@msnbc.com

Morning Joe 30 Rochefeller Plaza New York NY 10112

Adam Schiff 416 Cannon HOB Wasington DC 20516

act@Moveon.org via email commonnet@commoncause.org

Bill Hatch via email Lloyd Carter via mail Philip Garone via email

Sacramento Bee - via email San Francisco Chronicle - via email Robert Reich

other interested individuals and parties

Cov ltr We sh not forget



We should never forget the attempt to overturn the 2020 election.
Felix E. Smith

On January 6, 2021 members of the House of Representatives and Senate met in joint session to certify the Electoral College vote as provided for in Article II of the U.S. Constitution. However 147 Republican Senate and House lawmakers refused to certify the Electoral College vote because they said “the election was stolen.” These Congressional members supported Mr. Trump’s “Big Lie” that the election was stolen by Joe Biden and his supporters. These people have persisted with that idea without any evidence to back up the claim. Rudy Giuliani and his gang of lawyers put together a mass of lies and deranged conspiracy theories that were trashed in several court proceedings. No signs of voter fraud in the size being pushed by Trump’s Republican Congressional toadies were found. There is no evidence of not counting votes, throwing selected ballots in the trash or waste dump. Attorney General William Barr said there was no fraud, it was a fair and proper election.
The people sounding off about election fraud and stolen election are Republican members of the House and Senate. In addition several Republicans apparently knew of, urged and supported the Jan. 6, 2021 insurrection. TV cameras caught the action of Jan. 6, from Mr. Trump’s speech at Ellipse Park with his lackeys making speeches supporting him and the idea the election was stolen. Josh Hawley of Missouri pumped his fist toward the mob yelling “go to the Capitol.” Rudy Giuliani and Michael Flynn also urged the Trump followers to go to the Capitol and encouraged them to raise hell to keep members of Congress from approving the Electoral College vote. Mr. Trump said he would be there. He did not show up. He instead went to the White House and watched what was happening at the Capitol on TV. He watched the mob of insurrectionists ransacked the Capitol, disrupt the work of Congress that was certifying the electoral votes as required by the 12thAmendment to the Constitution. Mr. Trump did nothing to stop it. Senator Mitt Romney said “what happened here today was an insurrection, incited by the President”. The Los Angles Times Editorial Board posed the question: “At what point does this (insurrection) get called an attempted coup?”
Rolling Stone reports that the January 6, 2021 insurrection organizers had inside help from several far-right members of the House of Representatives and named them. Those involved were Marjorie Taylor Green of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, Lauren Boebert of Colorado, Madison Cawthorn of North Carolina, and Andy Biggs of Arizona. They knew of and participated in the planning of the January 6 “Stop the Steal” rally and the march on the Capitol. It is also believed that Trump acolytes, Senators Jim Jordan of Ohio, Josh Hawley of Missouri and Ted Cruz of Texas either knew about or were involved in the planning, sight seeing tours of the Capitol in the days before the Jan. 6 festivities. Thomas Friedman called Senators Ron Johnson, Josh Hawley and Ted Cruz the leaders of the coup plotter caucus. Some of these people already have questionable ethics and principals. According to “moveon.org”, Ali Alexander, a lead organizer for the “Stop the Steal” rally and other activities of Jan. 6, 2021, was involved directly with some of these Republicans. The idea was to put maximum pressure on the Congress while they were carrying out their official duties of certifying the Electoral College vote.
One must note that the actions of Federal elected officials are inconsistent with the meaning of their oath of office. Individuals, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, takes the following oath:
“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States against all enemies, foreign and domestic: that I will bear true faith and
allegiance to the same: that I take this obligation freely, without any mental reservation
or purpose of evasion: and that I will well and faithfully discharge the duties of the office
on which I am about to enter. So help me God.” This section does not affect other oaths required by law. 5 U.S. Code S 3331 (Pub. L 89- 554, Sept. 6, 1966, 80 Stat. 424.)
The 14th Amendment, Section 3 of the U.S. Constitution reads:
“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. But Congress may by a vote of two-thirds of each House, remove such disability.”
These words should not be taken lightly for they have real meaning. From several references, this is what Section 3 means:
No one can be a Senator, Representative, Elector or hold any office, civil or military of the United States, or member of a State Legislature, or a Governor, or a judge of any State — if they took an oath to support the U. S. Constitution, and then took part in a rebellion or coup against the United States, or gave aid and comfort to the enemies of the United States. Each House can remove that liability by a two-thirds vote.
The following definitions are from Webster’s New World Dictionary, Second College Edition:
Insurrection – the rising up against the established authority; a rebellion
Sedition – Stirring up discontent, resistance or rebellion against the government in power – a rebellion
Coup - a contraction of Coup d’e’tat. - the sudden forcible over throw of a government
The Department of Justice has arrested over 775 people who took part in the Jan. 6 Insurrection. More could be arrested as people who were there are identified from photos via social media, etc. Five people died or were killed. Many of those arrested (165) have already pleaded guilty. The people broke windows, they bashed in doors, they battled the police, they shot bear spray, damaged and ransacked the U.S. Capitol. At least 151 Capitol and Metropolitan police officers were injured. There was over $30 million in damages to the Capitol. TV cameras caught a lot of the damages in real time. The evidence is there for all to see. The people involved are guilty by clear and very convincing evidence. The members of Congress who partook in any planning or supporting such actions are complicit and are also guilty. One doesn’t need a trial for that. What happened on January 6, 2021 was viewed by people around the world. Those elected Federal and appointed officials involved should lose their positions by default – and be immediately escorted from their Congressional offices by Federal Marshals. For example, if an employee steals from the company or acts contrary to company policy where that employee works and is caught, that employee is fired, escorted out the door, could see jail time and pay a fine. The members of Congress involved knowingly violated their oath of office. Any appointed or elected Federal officials involved should suffer no less of fate than his private counterpart. All violated their oath, the law, and the people’s public trust upon which they hold public office.
The Committee on Ethics of the House of Representatives has a Code of Official Conduct. Item 1 is “A Member, Delegate, Resident Commissioner, officer, or employee of the House shall behave at all times in a manner that shall reflect creditably on the House.” Item 2
is “A Member, Delegate, Resident Commissioner, officer, or employee of the House shall adhere to the spirit and letter of the rules of the House and to the rules of duly constituted committees thereof. (Rule XXlll – Feb. 26, 2021.) Those House members who were in any way involved or knew of the January 6 “Stop the steal” rally, Trump’s speech and the efforts to invade the Capitol, but kept quiet about it, shatters the meaning of the Code of Official Conduct and should be held accountable on the House floor for the public and world to see.
To add more flammable material to the already noxious Jan. 6, 2021 insurrection flames, is evidence that 7 states submitted fraudulent slates of Electoral College certificates in favor of Donald Trump, to replace the slate of Official Electors for Joe Biden. The signer of each slate of bogus electors should be held accountable for their actions. Such slates of Electors are in your face fraud. No one held a gun to their singular or collective heads forcing them to sign such documents. They signed the documents freely with their eyes wide open. Those actions Mr. Trump claims the Democrats of doing, he and his co-conspirators are doing right in front of nearly everyone’s watchful eyes. There is little doubt that such bogus slate of electors were coordinated by one or more of Trump’s toadies. Mark Meadows, President Trump’s Chief of Staff, quickly comes to mind. The individual or individuals who urged them to sign the bogus slate of Electors, and send them to the President of the Senate. This has the look and smell of Federal election fraud. The forged documents no doubt were a coordinated effort, are illegal acts and are not consistent with signers Oath of Office and the Constitution.
1. The Department of Justice must enforce the law (Amendment 14 Section 3) against the Public officials who knew about and / or participated in any way with the planning, supporting and carrying out of the Insurrection of January 6. 2021, that invaded the U.S. Capitol. By clear and convincing evidence those involved are guilty of violating several laws, their oath of office and the U.S. Constitution.
2. There must be a basic minimum national standard, i.e. Federal rules for voting for Federal elected officials. Having states set up their own separate regulations could lead to 50 different regulations. Voting for President, Senate, and House members should work under one set of Federal rules and regulations. The basic idea being to get the
greatest participation from the electorate as possible. Let States do what they want with local elections, but any Federal position that affects people in various states should be governed federally. While Senators and Congressmen represent their constituents, their votes, words and actions or in actions affect people in all states.
3. Voting by mail with a 2 to 4 week window should be available to everyone. Why is this so repugnant to Republicans? This effort is to get as many people as possible to exercise that right to vote with out any harassment from outside groups. Voting can be done early 2 to 4 week before the last voting day. It can be done in the privacy and comfort of one’s home, or while on the road. There are no poll watcher glaring at you. You can get water and a bite to eat without being harassed by any one. During my lifetime I have voted by mail in several states. I continue to vote by mail (I am retired) and highly endorse this way of voting. The U.S. Postal Service is dependable. Postal Service employees can deliver the ballots and can be depended on to deliver the completed ballots back to the Secretary of State other state officials for accurate counting. It is a Federal offense to mess around with the U.S. mail.
The right to vote is too important in a representative Democracy to ignore. Lets get on with it, voting is a right and a duty of all the people.
Felix E. Smith
4720 Talus Way
Carmichael, CA 95608 Email <febesmith@sbcglobal.net>
cc: Interested parties and selected members of the Senate and House of Representatives
February 5, 2022

References of interest with end notes
Barton Gellman, 2021. Trump’s Next Coup Has Already Begun. In The Atlantic. From the January / February 2022 issue. This is a must read to help understand the Trump mentality.
CNN, Whitney Wild, December 18, 2021. “Stop the Steal” leaders hand over communications with GOP lawmakers to January 6 committee. Stop the Steal leader Ali Alexander has handed over a trove of documents, thousands of text messages and communication records that include contacts with members of Congress.
Constitutional Law Reporter – United States Constitution. The text of Amendment 14, Section 3, and the Travis Translation of Constitution’s Amendment 14, Section 3.
Friedman, Thomas Jan. 6, 2021. Never Forget the Names of These Republicans Attempted a Coup. New York Times http:nyt.ms/38hx1ST.
January 6 Committee subpoenas “alternate electors” in scheme to cast fake Electoral College votes for Trump. Washington Times, January 28, 2022.
Jonathan Weisman, New York Times, January 26, 2022. Cawthorn Challenge Raises the Question: Who is an “Insurrectionist”? Rep. Madison Cawthorn (R) NC is one of Mr. Trumps brashest supporters that the election was stolen from him. His roll is being investigated by lawyers in North Carolina.
Los Angeles Times, Editorial Board. January 6, 2021. Editorial: Trump is responsible for the violent storming of the U.S. Capitol. An insightful commentary on the insurrection and attempted coup.
Matt Gertz. Trump Coup, The National Memo, Nov.22, 2020. His supporter are actively working to over throw the election.
Moveon.org. November 10, 2021. Rolling Stone report claims the organizers of the Jan 6 Insurrection had inside help, numerous meetings and names 7 members of Congress. From reports there are more members of congress involved with the Jan. 6, 2021 insurrection.
Robert Reich – Never forget the attempts to overturn election. In San Francisco Chronicle May 11, 2021
Reuters February 1. 2022. Trump directly involved in plans to seize voting machines. Also see New York Times. Attorney General William Barr rejected the idea.
Star Tribune Editorial Board – Opinion – Voting rights bill fails, but the fight goes on. In the Sacramento Bee of January 25, 2022.