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Highlights and analysis: House passes resolution to demand Pence invoke 25th Amendment, remove Trump

Vice President Mike Pence on Tuesday night told House Speaker Nancy Pelosi in a letter that he does not believe invoking the 25th Amendment "is in the best interest of our nation."
Image: illustration of President Donald Trump and House Speaker Nancy Pelosi on a red background that shows the Capitol exterior, with navy bubbles showing words like "Impeachment," "Congress," "President"
Chelsea Stahl / NBC News

The House approved a resolution on a late Tuesday night to encourage Vice President Mike Pence to use the 25th Amendment to remove President Donald Trump from office before his term ends on Jan. 20, a largely symbolic gesture that precedes a vote on impeachment Wednesday.

Pence said earlier Tuesday evening that he will not heed these calls.

Then, on Wednesday morning, House Democrats are planning to take up an article of impeachment against Trump for "incitement of insurrection" in urging his supporters to march on the Capitol last week.

The planned votes come as the FBI sent a warning to law enforcement agencies across the country about possible armed protests at all 50 state Capitols starting Saturday as well the threat of an uprising in Washington that day if Congress removes Trump.

This live coverage has ended. Continue reading news on the response to the Capitol riot from Wednesday, Jan. 13, 2021.

Read the highlights:

— At least five Republican House members have said they will vote to impeach Trump.

— Pence said Tuesday evening in a letter to House Speaker Nancy Pelosi, D-Calif., that he does not believe invoking the 25th Amendment "is in the best interest of our nation or consistent with our Constitution."

— Trump enters final week as president with few allies, no Twitter and an impeachment effort.

— What we know about the people arrested after the Capitol riots.

— After Capitol violence, Trump brand partners eye dumping toxic asset: the president.

White House set to get deep-cleaning ahead of Biden move-in

The White House, which has been a Covid-19 hot spot during the pandemic, is set to receive a thorough deep-cleaning ahead of the Bidens moving in on Jan. 20.

Government contracts and purchase orders reviewed by NBC News show additional inaugural cleaning totaling nearly half a million dollars. It includes:

  • A $127,249 contract for "2021 Inaugural Cleaning."
  • $44,038 for carpet cleaning  
  • $29,523 for “curtain cleaning” in the East Wing, West Wing and Eisenhower Executive Office Building.
  • $115,363 for "2021 Presidential Inauguration and Transition Carpet Replacement and Installation to correct the current floor condition of selected interior floors for various offices" within the East Wing, West Wing and the EEOB.

This top-to-bottom cleaning is above and beyond what typically occurs during the well-choreographed residence changeover conducted by White House ushers, butlers and housekeepers.

The Biden transition team did not immediately respond to NBC’s request for comment.

CNN first reported the additional cleaning contracts.

Michigan's attorney general warns state Capitol is 'not safe'

Michigan Attorney General Dana Nessel warned Tuesday that her state's capitol building in Lansing, Michigan is not safe.

In a series of tweets, Nessel said that a new rule passed by Michigan State Capitol Commission banning the open carry of firearms doesn't require a mechanism to confirm that people carrying a concealed firearm are licensed to do so. 

"That means anyone-irrespective of criminal history, membership with an anti-government org, or stated intention to harm government employees-can still enter the Capitol fully locked and loaded with firearms or explosive devices hidden by clothing, backpacks, etc.," she said. 

Nessel said her job is not to provide people with a false sense of security, and the situation is not safe. This comes after the FBI issued a bulletin warning about violence at Capitols across the country, as well as in Washington, D.C. 

Army investigating officer for attending pro-Trump rally in D.C.

An Army officer is under investigation for joining last week's rally in support of President Donald Trump and the subsequent deadly riot at the U.S. Capitol, according to an Army spokesperson.

The woman, Capt. Emily Rainey, 30, a psychological operations officer stationed at Fort Bragg, North Carolina, told The Associated Press that she led 100 members of a conservative advocacy group in North Carolina to Washington on Wednesday "to stand against election fraud."

"I was a private citizen and doing everything right and within my rights," Rainey told the AP on Sunday.

The Army spokesperson, Maj. Dan Lessard, said the Army had opened a new investigation into her participation. "We are aware of her presence at the event, and we are investigating her involvement to determine the exact extent," Lessard said. "It's not clear at this time that she has violated any laws or regulations by her presence or actions. That's why we investigate to determine the facts."

Read the story.

Second lawmaker tests positive for Covid after Capitol lockdown

Overnight, a second lawmaker said she had tested positive for Covid-19 after sheltering in place with lawmakers who refused to wear masks during the violent rioting at the U.S. Capitol last week.

Rep. Pramila Jayapal, a Washington state Democrat, said in a statement early Tuesday that she had been quarantining since the attack and learned of her positive test result Monday night.

“Too many Republicans have refused to take this pandemic and virus seriously, and in doing so, they endanger everyone around them," she said in a statement. "Only hours after President Trump incited a deadly assault on our Capitol, our country, and our democracy, many Republicans still refused to take the bare minimum COVID-19 precaution and simply wear a damn mask in a crowded room during a pandemic — creating a superspreader event on top of a domestic terrorist attack."

Read the story.

House Dems briefed about threats to the Capitol following attack

House Democrats have been briefed on security concerns including specific threats to the Capitol following the attack last week, three sources familiar with the briefing told NBC News. 

It was "chilling and horrific," said one member of Congress on the briefing call, which was conducted by the acting U.S. Capitol Police chief, acting U.S. Capitol deputy chief, acting House sergeant at arms and other security officials, including those directly involved with the Jan. 20 inauguration planning.

Rep. Conor Lamb, D-Pa., provided some details on the briefing to CNN on Tuesday morning, saying, "They're talking about 4,000 armed patriots to surround the capitol and prevent any Democrat from going in. They have published rules of engagement, meaning when you shoot and when you don't." 

"So, this is an organized group that has a plan," he said. "They are committed to doing what they're doing because I think in their minds, you know, they are patriots and they're talking about 1776, and so this is now a contest of wills. We are not negotiating with or reasoning with these people. They have to be prosecuted. They have to be stopped. And unfortunately that includes the president. Which is why he needs to be impeached and removed from office."

The officials in the briefing also provided updates about the newly constructed perimeter around the Capitol and the increasing number of National Guard troops securing it. They also answered questions regarding security for lawmakers traveling from their districts but also their travel within Washington, D.C., to the Capitol, according to a source on the call. 

There were also questions about increased threats that members may face as a result of the upcoming impeachment vote on Wednesday. Democratic members were reminded by the House Administration Committee that they can use government money to protect themselves, which is included in the Members' Congressional Handbook. "The purchase of a bulletproof vest is a reimbursable expense,” the guidance reads. 

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Comey says FBI warning about possible violence at 50 state capitols is 'very, very unusual'

Former FBI Director James Comey said Tuesday that an FBI bulletin about potential violence at 50 state capitol buildings is "very, very unusual."

"Law enforcement definitely can handle these kinds of riots, attacks and civil disturbances, if they have the information they need and they prepare. This is something law enforcement was built for," he said in an interview on NBC's "TODAY" show.

Reacting to the storming of the Capitol last Wednesday, Comey said, "I was also really angry about the failure to secure in the face of a threat that was obvious on a date that's been marked for 130 years, Jan. 6. You knew it was coming. You knew it was literally coming to you from the president's rally walking down Pennsylvania Avenue — very, very upsetting to watch it happen anyway."

Asked whether the Jan. 20 inauguration should be changed so that Biden doesn't do the traditional walk down Pennsylvania Avenue, Comey said, "I don't think it should be changed. It was important for all of us as Americans after 9/11 not to let terrorists win, an expression I'm sure you remember, by altering our lives, our national life, in a fundamental way."

'Several' Capitol police officers suspended over pro-Trump riot

"Several" U.S. Capitol Police officers were suspended and at least 10 more are under investigation over the deadly pro-Trump insurrection last week, officials said Monday.

Acting U.S. Capitol Police Chief Yogananda Pittman said the suspensions occurred amid an internal probe. Video and other evidence appears to show that some officers and officials violated department policies, Pittman said.

Pittman did not provide additional about the inquiry or specify how many people had been suspended.

Earlier Monday, Rep. Tim Ryan, D-Ohio, who chairs one of the committees that oversees the Capitol Police, told reporters that one of the suspended officers appeared to have taken a selfie with members of the mob. Another officer was suspended after he was seen wearing a Make American Great Again hat and directing people inside the building, Ryan said.

New England Patriots coach Bill Belichick says he won't accept Presidential Medal of Freedom

New England Patriots coach Bill Belichick declined to accept the Presidential Medal of Freedom on Monday after last week's deadly insurrection at the U.S. Capitol.

In a statement, Belichick said he was flattered to be offered the medal, the country's highest civilian honor, but he said the "tragic events of last week occurred and the decision has been made not to move forward with the award."

Belichick, who has coached the Patriots for 21 years and has won six Super Bowls, said that "above all, I am an American citizen with great reverence for our nation's values, freedom and democracy."

He said "conversations" and "actions" about "social justice, equality and human rights" earlier in the season were among the most rewarding in his career.

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