The Hypocrisy Of January 6

Think about January 6 of last year, and reverse the parties' affiliations. Are you being honest with yourself?

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I frequently rail about hypocrisy and, in particular, the hypocrisy of politicians. In that regard, I’m nonpartisan: I rail about hypocrisy on both sides of the aisle.

But the hypocrisy of January 6 is uniquely one-sided.

One way to check if you’re being honest with yourself — to see if you’re suffering from partisan bias — is to hypothetically reverse the affiliation of the parties involved in a dispute: If, for example, Biden were a Republican, what would the Democrats be saying? Would they be hyperventilating about out-of-control inflation and the newest wave of COVID? Maybe. So think: If the situations were reversed, and the Democrats would be criticizing a Republican Biden, then the Democrats should be criticizing the Democratic Biden. Sauce for the goose and all that.

Now think about January 6 of last year, and reverse the parties’ affiliations.

Suppose a Democratic president gave a speech talking about the need to march to Congress and how you must fight like hell, or you won’t have a country anymore.  Suppose a crowd then mobbed the Capitol Building, assaulted or impeded multitudes of Capitol police, tried to interfere with the electoral process, and killed several people in the process. Suppose the Democratic president watched this unfold on television for three hours but said nothing to call off the mob.

How would Republicans have reacted?

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In fact, inject a little uncertainty into the situation: The Democratic president insists that he did not incite the mob. The Democratic president insists that the mob was actually a peaceful group of tourists. Whatever uncertainty you like, add it to the calculus.

But, once you’ve added all that uncertainty, answer honestly: How would the Republicans have reacted?

Would Republicans have said there was no need to investigate the events?

That the Congressional committee investigating the events was too partisan?

That we should not dwell on the past; the time had come to move on?

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Or maybe Republicans would have said that the Democrats were not just socialists, but anarchists, trying to interfere with the peaceful transfer of power?  Perhaps Republicans would have said that Republicans alone “back the blue,” and the lawless Democrats caused a mob to attack and injure the Capitol police?

Would the hypothetical Republicans insist on a full investigation?

On criminal prosecutions of those at fault?

Be honest with yourself, and then decide whether there isn’t just a hint of hypocrisy in what the Republicans have been doing and saying for the last year.


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Drug and Device Product Liability Litigation Strategy (affiliate links). You can reach him by email at inhouse@abovethelaw.com.