January 5, 2026
January 6th Offers ‘a Stark Reminder that Our Democracy is Fragile and Must be Defended.’
FOR IMMEDIATE RELEASE
Contact: Nancy Rodriguez, media@acslaw.org
Washington, DC – Almost five years after rioters stormed the U.S. Capitol and attempted to overturn the 2020 election, American Constitution Society President Phil Brest today issued the following statement on the January 6th insurrection:
“Five years ago, our nation witnessed a shocking assault on the U.S. Capitol. The January 6th insurrection was not just an attack on a building—it was an attack on the peaceful transfer of power, a cornerstone of our democratic system. Since 1801, when Thomas Jefferson succeeded John Adams as president, the peaceful transfer of power has endured through civil war, world wars, national crises, and contested presidential elections—until that day.
On that day, thousands attacked the U.S. Capitol building to prevent lawmakers from certifying the results of the 2020 presidential election, an election that was conducted fairly and securely. Chaos threatened to overtake order. Yet the brave men and women of the U.S. Capitol Police and D.C. Metropolitan Police stood firm. The officers present that day risked their lives to protect American political leaders and our democratic process, and they paid an enormous price. We honor their heroism and express our deepest gratitude.
I was at the Capitol on January 6th. I saw the violent mob rushing to storm the building. I witnessed the dedication and sacrifice of the officers. I saw their bloodied faces. And after making it onto the Senate floor, where I was fortunate enough to be evacuated to safety, I saw the fear in the eyes of the very same Senators who sought to challenge President Biden’s electoral victory.
The events of January 6th remind us that democracy is not self-sustaining. It requires our vigilance, a shared commitment to truth and justice, and respect for the rule of law.
For more than two centuries, the rule of law has been the foundation of our republic. Despite dark moments in our nation’s history, America has always returned to the principle that laws—not violence—govern our nation. From the ratification of the Constitution in 1789 and the 14th Amendment in 1868, to the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, the United States has sought to perfect the Union through law and the democratic process. The rule of law is not partisan—it is the bedrock of freedom. Without it, liberty cannot endure.
The Trump administration has demonstrated time and again its disregard for the rule of law. On the first day of his second term, President Trump granted pardons or clemency to everyone convicted of crimes related to the January 6th insurrection and directed the Attorney General to dismiss any pending charges. He claimed that any efforts to hold these people accountable for crimes the country watched unfold on national television represented a “grave national injustice.” The President has since issued an unprecedented number of sweeping Executive Orders, many of which seek to usurp the power of Congress and the judiciary. And just days ago, his administration violated clear constitutional dictates when it waged war in Venezuela without congressional approval. Meanwhile, the conservative controlled U.S. Supreme Court has rubberstamped too many of the administration’s power grabs, further weakening the rule of law and the democratic institutions it is meant to support.
January 6th was a stark reminder that our democracy is fragile and must be defended. As we mark this solemn anniversary, let us recommit ourselves to ensuring that the violent threat to our democracy witnessed on January 6th is never repeated.”
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AMERICAN CONSTITUTION SOCIETY
The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that redress the founding failures of our Constitution, strengthen our democratic legitimacy, uphold the rule of law, and realize the promise of equality for all, including people of color, women, LGBTQ+ people, people with disabilities, and other historically excluded communities. For more information, visit us at www.acslaw.org