The January 6 committee’s latest attempt at a smoking gun appeared to only further cloud the facts Tuesday when the testimony of former acting Defense Secretary Christopher Miller was released that seemingly contradicted previous statements.

In seeking to recommend criminal charges against former President Donald Trump for allegedly “inciting an insurrection” on Jan. 6, 2021, when the U.S. Capitol was breached, the select committee has sought to provide concrete evidence of intent from the president.

To counter that narrative, Trump has often referred to his recommendation for use of the National Guard to ensure the safety of all that had flocked to Washington, D.C. the day the 2020 presidential election was being certified.

Tuesday evening, the Jan. 6 committee released testimony from Miller “To remove any doubt,” that this did not happen stating on social media, “Not only did Donald Trump fail to contact his Secretary of Defense on January 6th (as shown in our hearing), Trump also failed to give any order prior to January 6 to deploy the military to protect the Capitol.”