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Some members of Congress plan to introduce at least one resolution in the House on Monday to impeach President Donald Trump following a riot -- what has been called an insurrection or attempt to overthrow the government -- by hundreds of his supporters at the Capitol Building on Tuesday.

Rep. Chris Jacobs said he does not support impeachment.

“To carry out an unprecedented, politicized, and rushed impeachment proceeding with less than two weeks left in the President’s term would have catastrophic effects on the civil fabric of our nation," Jacobs said in a prepared statement. "President Trump has committed to a smooth and orderly transition of power and that should be our focus for the next 10 days."

Congress was in joint session at the time, meeting to certify the Electoral College votes confirming Joe Biden as the victor in the nation's Nov. 3 presidential election.

Trump has made numerous baseless claims of a stolen election. There is no evidence of widespread voter fraud nor that he actually won by "millions of votes" as he has claimed. Trump and his team have filed 62 lawsuits claiming election irregularities and all but one of them have been dismissed by state and federal courts, including two that reached the conservative-controlled Supreme Court. In cases where Trump's attorneys were asked to produce evidence of fraud, they've admitted they have no evidence to present. 

Despite all evidence to the contrary, Trump staged a rally in Washington, D.C., inviting his followers to come to the nation's capitol to "stop the steal."

At the rally that morning, Trump said, "You'll never take back our country with weakness. You have to show strength. You have to be strong."

There are news reports of Trump followers threatening the life of Vice President Mike Pence and Speaker of the House Nancy Pelosi. Police officers have reported finding off-duty police officers and military veterans among the protesters who came prepared for violence. 

Five people died during the riot, including a capitol police officer and war veteran, Brian D. Sicknick, who was reportedly bludgeoned to death with a fire extinguisher. Two Trump supporters died -- a woman from San Diego who was shot by Capitol police while she was part of a group trying to breach a section of the Capitol Building, and a Trump supporter who was trampled to death by other Trump supporters. 

Trump has condemned the actions of the rioters. 

"The demonstrators who infiltrated the Capitol have defiled the seat of American democracy," Trump said. "To those who engaged in the acts of violence and destruction, you do not represent our country. And to those who broke the law, you will pay."

It's unclear what path the House might take leading up to a vote on articles of impeachment. If passed, the articles would be transmitted to the Senate. It would be up to the Senate to decide whether to hold a trial. Trump could only be removed from office if the Senate voted to convict him of charges in the articles of impeachment. Some legal scholars believe Trump could be potentially be tried by the Senate even after he leaves office.

If convicted, he would be barred from running for federal office again.

Here's Jacobs' full statement: 

“The events of this past week represent a dark period for our nation. The kind of reprehensible violence we saw has absolutely no place in our democracy, and I condemn it in the strongest possible terms. I cherish our First Amendment right to protest, but we must settle our differences peacefully, not with mob rule. Right now, many feel disenfranchised, our nation is divided, and tensions are high. The last thing our country needs is more division.

“To carry out an unprecedented, politicized and rushed impeachment proceeding with less than two weeks left in the President’s term would have catastrophic effects on the civil fabric of our nation. President Trump has committed to a smooth and orderly transition of power and that should be our focus for the next 10 days.

The Batavia Police Collaboration Advisory Stakeholders Group, formed in response to an executive order from the governor, is nearing the completion of its official task but that won't mean the end of an effort to improve relations between police officers and local residents.

A draft resolution and draft report expected to go to the City Council in a few weeks for approval says the city meets all of the state's requirements on a variety of areas the group needed to review, but it also says there will be efforts to increase communication between the Police Department and residents both broadly and individually.

That outcome wasn't explicitly called for in Gov. Andrew Cuomo's executive order, which was intended to bring community members, local leaders and police officials together to discuss and review policies related to use of force, arrest, de-escalation, dealing with mental health issues, and how police officers are hired and fired.

Interim City Manager Rachel Tabelski said at Thursday's group meeting that she was impressed with how the group conducted its business.

"We came together because there was an executive order passed but I think and I'm really proud of this group," Tabelski said. "We've taken it beyond the executive order that we've looked at, the part we got through, all the policies we've got through, all the procedures that we felt that those were up to date, in my opinion, and that they were kept up to date and then we talked about the community and engagement. So the plan really moves us into strategies of community engagement and strategies of increased interaction with our community."

There's already been one focus group meeting -- members of the stakeholders' group, some other community members, and police leaders -- focused on issues related to interactions between police officers and people of color in the community. It's expected there will be other similar meetings. 

Chief Shawn Heubusch shared a preview of an app and a website he said will help the department communicate with the public.

There's strong support, too, for increased foot patrols, community events, and the development of personal relationships between officers and community members.

Thursday's meeting started with a review of a recent survey of residents about community and police relations.

Survey respondents seemed to generally have a favorable view of Batavia PD.  

About a third of the respondents indicated that their last interaction with the department was at a community event. Almost 80 percent rated their interaction with police officers as being professional or very professional, and only 8 percent deemed the interaction was unprofessional and or very unprofessional. 

"Interestingly enough, I was able to dive into that question a little bit," Heubusch said. "As you can see, the respondents who indicated that they were arrested by the department, every single one of those respondents stated that the officers treated them very professionally. I was very proud of that fact just to see, even though it's somebody that we dealt with, unfortunately, in a negative light or had a bad day for them, they still rated the department as very professional."

Respondents said the presence of police officers in their neighborhoods makes them feel safer and said the top three priorities for police should be engaging with the community, assigning more officers to work with youth, and assigning more resources to help people with substance abuse issues.

"I kind of alluded to the fact that the people responding to this survey want to see the officers out of the cars walking the beat, more bicycle patrols," Heubusch said. "They want to see their faces more. They want to have more personal interactions. And that's something that we talked about at the focus group, as well as having those personal interactions with the officers, aside from just the response to a call."

There is a lot of interest among group members for officers to be better equipped to deal with mental health issues, either their training, the ready availability of specialists, or officers on duty with that specific responsibility. 

There are officers who currently specialize in responding to mental health situations, Heubusch said, and there is also a group of civilians who are mental health specialists who assist in mental health situations. There is an effort underway in both areas to expand these programs.

"This (program) gives (officers) that added training to de-escalate and really intervene in those crisis mental health crisis situations," Heubusch said. "There's curriculum in the state right now that will certify you as a crisis intervention officer if you go through a certain number of hours of the training. It's a very competitive process. We were lucky enough to put three officers through that training a few years back with a grant that the county received."

The draft resolution and report have not been released to the public yet, but the video below contains a discussion of it and much of it is displayed on the computer screen used during the Zoom call.

A structure fire is reported at 10828 S. Street Road, Pavilion.

Smoke is coming from the HVAC system.

Pavilion fire and Le Roy fire dispatched.

Law enforcement is also dispatched to the scene.

UPDATE 8 a.m.: A chief on scene reports nothing showing. Le Roy's response is canceled.

UPDATE 8:12 a.m.: A chief is out with the homeowner. There is no fire. The initial caller reported possible criminal activity at the scene. So far, none of that is confirmed.

The long and distinguished careers in law enforcement for Le Roy PD Chief Chris Hayward and Detective John Condidorio came to a close Thursday with a ceremony at Village Hall attended by members of the law enforcement community from throughout the county.

The two men were honored also with commemorative shadow boxes presented by incoming Chief Greg Kellogg, a new sidearm, and awards from the Le Roy Fire Department, presented by Chief Tom Wood and District President Jerry Diskin.

Statement from State Senator Ed Rath:

"The brutality we saw yesterday that unfolded inside our nation’s capitol is unacceptable and deeply disturbing. While the right to peacefully protest is part of the foundation of our country, what we saw yesterday cannot and will not be tolerated. We must have respect for each other, no matter what political party, and we must have respect for our law enforcement and the rule of law."

A vehicle is off the road and down an embankment in the area of 9166 Batavia Stafford Townline Road, Batavia.

A first responder reports a subject is complaining of a possible broken arm and extrication will be required.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 5:08 a.m.: A responder on scene says extrication may not be needed.

Press release:

We at the Genesee County Conservative Party denounce all violence that happened today in Washington, D.C.

While we understand the right to peacefully protest, we do not condone trespassing onto the Capitol, putting police officers' lives at risk, and destroying and stealing property. Political violence is never the answer. 

We strongly support the First Amendment and the ability to speak your mind, peacefully assemble, and protest. We encourage all Americans to stand up for their constitutional rights, voice their opinions, and demand change. 

The way to make change is to get involved with your local elections, make your voice heard, hold our politicians accountable, and most of all, VOTE. 

We will be a stronger country if we work together instead of working against each other.  

Thank you to our law enforcement for keeping us safe and for putting their lives on the line every day. Our prayers go out to the family of the woman killed today, our law enforcement personnel, and most of all, for ALL of America.  

Julie Carasone, Chairwoman, Genesee County Conservative Party. 

Rep. Chris Jacobs, who previously issued a statement rejecting an attempt to overturn the presidential election, today said he will object to certification of the Electoral College results. 

When Texas filed a lawsuit attempting to invalidate election results in Georgia, Pennsylvania, Michigan and Wisconsin, Jacobs said he would not sign onto the effort because he respected federalism and states' rights.

Today, in a statement, Jacobs contradicted that stance saying, “There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates."

There have been multiple lawsuits contesting changes in state voting procedures in Georgia, Pennsylvania, Michigan and Wisconsin. All of them have been rejected by their respective courts, primarily because the plaintiffs did not file their lawsuits prior to the election but instead waited until after residents in these respective states voted in good faith under the guidance provided by state officials.

States such as Alabama, Arkansas, Kentucky, Mississippi, Ohio, South Carolina and Texas -- states Trump won -- also made accommodations for voting during the coronavirus pandemic but Republicans are not contesting the results in those states. 

Jacobs said disputes over the election have not been adjudicated; however, 59 lawsuits have been thrown out by state and federal courts either because of timeliness or lack of evidence, including two that reached the Supreme Court. The current composition of the court includes a majority six Republican-nominated justices, including three appointed by Trump.

Today, both bodies of Congress are meeting in joint session to open and tally the electoral college votes, which have been certified by states, giving Joe Biden a 306 to 232 vote victory. Jacobs will not be the only Republican refusing to accept the results of the election. Several senators and other House members are joining in.

Senate Majority Leader Mitch McConnell, who has been a strong ally of the president over the past four years, criticized that effort in a floor speech today.

“Voters, the courts, and the states have all spoken — they’ve all spoken,” McConnell said. “If we overrule them, it would damage our republic forever.”

In opposing Biden's victory, Jacobs breaks with fellow Republican from the Southern Tier, Tom Reed.

"It is clear to me that the U.S. Constitution calls upon our elections for president to be done at the state level, and that if there are issues of fraud, if there are issues of whether or not those elections are carried out lawfully, they are to be adjudicated at the state level," Reed said. "No state legislature has asked us to intervene in Congress in this process, and that being said, I will not be objecting to the state electors tomorrow, based upon my commitment to the U.S. Constitution."

Here is the full statement from Jacobs:

Congressman Chris Jacobs (NY-27) released the following statement regarding the objections to the certification of the Electoral College.

“There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates.

This troubling fact, along with countless reports of election irregularities, has left many Americans with valid concerns about the integrity of the November 3rd presidential election because these concerns have yet to be properly adjudicated.

“I have a duty to represent my constituents and a constitutional duty to ensure the security and integrity of our elections. I do not take this decision lightly, but for these reasons feel it necessary to object to the certification of the electoral votes from contested states.

“The American people must have confidence in their elections, and I intend to work to restore that trust. As such, I will support efforts to achieve a full review of the actions taken by states that have led to the widespread distrust that now exists. I feel it is imperative to allow for this crucial national conversation to be debated in public on the floor of the U.S. House of Representatives.

Press release:

• Genesee County received 91 new positive cases of COVID-19.
  • • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
    • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
    • Thirty-five of the previous positive individuals have recovered and have been removed from the isolation list.
    • Twenty-one of the positive individuals are hospitalized.
    • One of the new positive cases is a resident at the LeRoy Village Green Residential Healthcare Facility.
    • We are saddened to report the COVID-related deaths of two residents, one whom resided at Genesee Senior Living and one whom resided at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.

​

• Orleans County received 25 new positive cases of COVID-19.
• The new positive cases reside in the:
  • Nineteen of the current positive individuals are hospitalized.
  • Twenty of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).

Rep. Chris Jacobs voted last week in favor of President Donald Trump's request to give every eligible American an extra $2,000 in a COVID-related stimulus payment but the CASH Act remains stalled in the U.S. Senate.

Whether those payments will land in taxpayers' bank accounts in the coming weeks seems to hinge on today's runoff election in Georgia.

Two Senate seats are up for grabs and all four candidates support passage of the CASH Act but getting the bill through the Senate isn't just a matter of lining up enough votes.

Sen. Mitch McConnell, as majority leader, has the power to block a floor vote on the bill.

McConnell has argued that some of the direct payments would go to families who don't need it and would cost about $464 billion.

The House-passed bill, McConnell said, "has no realistic path to quickly pass the Senate," vowing that the chamber would not be "bullied into rushing out more borrowed money."

Jacobs doesn't see it that way.

“Additional COVID-19 relief has been my priority since I took office this summer," Jacobs said in a statement. "I voted to deliver $2,000 stimulus checks to Western New Yorkers who have been hardest hit by arbitrary shutdowns, unemployment, and economic downturn. I commend the President for signing the bipartisan relief deal last night and for his support of increased stimulus checks.” 

The CASH Act was approved last week by the House in a 275-134 vote. Fourty-four Republicans supported the measure.

The $2,000 payments were first suggested by Trump. He said he wasn't happy with Americans getting only $600 each in the last stimulus bill.

While campaign for the Democrats in Georgia's special election yesterday, Joe Biden, winner of the Nov. 3 election, said the $2,000 stimulous checks would be sent to Americans immediately if the Democrats win both seats today.

The race pits Kelly Loeffler against Raphael Warnock and David Perdue against Jon Ossoff.

Biden supports Warnock and Ossoff.

"If you send Jon and the Reverend to Washington, those $2,000 checks will go out the door, restoring hope and decency and honor for so many people who are struggling right now," Biden said. "And if you send (Perdue and Loeffler) back to Washington, those checks will never get there," Biden said. "It's just that simple. The power is literally in your hands."

Even though Perdue and Ossoff both support the stimulus payment, even with the two Republicans seated in the Senate, McConnell could still block the bill from coming up for a vote.

A victory for two Democrats would mean the end of McConnell's reign as majority leader and, according to Biden, mean there would be no possibility of Republicans blocking the direct payments.

A Democratic victory today would also give the party control of both houses and the White House for at least the next two years and leave Republicans with little power to block the Democratic agenda.

The amplified power of congressional leadership to control floor votes has long been a target of complaints from the former Congressman from Wisconsin, and former Republican now Libertarian Justin Amash. He tweets about it frequently.

Decentralize. https://t.co/vuXEXE2cWT

— Justin Amash (@justinamash) January 4, 2021

A Batavia police officer driving a city patrol vehicle was involved in a two-vehicle accident at 3:10 p.m. today, according to Chief Shawn Heubusch.

An ambulance did respond but no information was released on possible, if any, injuries.

The officer was returning to Batavia from training, Heubusch said. 

The accident is being investigated by the Monroe County Sheriff's Office and the chief said further details will be released once the investigation is completed.

Reader-submitted photo.

Le Roy resident Mary Margaret Ripley shared this photo from last night of what appears to be a rainbow around the moon.

A possible chimney fire or furnace problem is reported at 1173 Gabbey Road, Pembroke.

Pembroke fire, Indian Falls fire, and City of Batavia's FAST team is dispatched.

UPDATE 10:41 p.m.: The caller at the residence contacted a commander at City fire and informed the commander that sparks and/or flames could be seen coming out of the top of the chimney. A service provider had advised the caller that the company would check on the chimney tomorrow. The commander advised the caller to evacuate. The Indian Falls chief is asking City fire to continue nonemergency. The residence is being evacuated per the emergency dispatcher.

UPDATE 10:45 p.m.: Chief on scene reports nothing showing.

UPDATE 10:47 p.m.: City fire can go back in service. No fire.

A reader from Corfu submitted this photo.

A pair of birds managed to make it to the seed in suet cake in the Batavia backyard of Jason Smith this morning despite several inches of snow overnight.

Send your snow-related photos to howard@thebatavian.com.

A police officer has reportedly pulled over Santa Claus somewhere in the city.

A dispatcher responded to the license check confirming the license for Santa Claus is valid and the license expires in October 2025.

No word on whether the registration and inspection on his sleigh are up to date.

A passenger was seriously injured in a one-vehicle rollover accident in the eastbound lane of the Thruway in the area of mile marker 380.5 this afternoon.

The patient was transported by Mercy EMS to Strong Memorial Hospital in Rochester.

Le Roy fire and Le Roy ambulance responded to the scene. 

Le Roy Chief Tom Wood said the driver of the vehicle was not injured. 

Traffic was shut down during the incident. 

State Police are handling the investigation.

Photos and information from Alecia Kaus/Video News Service.

Amanda Coggiola submitted these photos of a bald eagle at the Tonawanda Creek off South Main Street Road, Batavia.

She said, "My kids and I saw this eagle at our house this morning. They asked if I could send the pictures to you because we know sometimes you post the pics on your website. Merry Christmas: Amanda, Ben, Lilly, and Jake Coggiola"

Funeral home owner Michael S. Tomaszewski, arrested in July after an investigation that uncovered multiple incidences of potential fraud, was arraigned in Genesee County Court today on more than 200 counts of grand larceny, falsifying business records, offering a false instrument in filing, scheme to defraud, and failure to deposit.

As he did when first arrested and arraigned in Town of Batavia Court, Tomaszewski entered a not guilty plea.

Tomaszewski waived his right to have a grand jury review the evidence against him and potentially issue indictments against him. He was arraigned on what's known as Superior Court Information (SCI) that lays out all the charges in the same form as a grand jury indictment.

It is 101 pages long.

Tomaszewski is accused of taking money people used to prepay for funerals and instead of depositing the money in appreciate bank accounts then using the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include: 67 counts of third-degree grand larceny; 28 counts of fourth-degree grand larceny; four counts of falsifying business records; 93 counts of failure to deposit; seven counts of petit larceny; and counts of offering a false instrument for filing in the first degree; and scheme to defraud.

During the virtual arraignment today, the attorneys discussed the possibility of reaching a plea deal within the next six weeks.

Tomaszewski remains released from custody on his own recognizance. His next scheduled court appearance, which will also be virtual, is 1:30 p.m., Feb. 2.

Alecia Kaus/Video News Service contributed to this report.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Tomaszewski charged in case of failure to bury remains of veteran