Federal Judge Amit Mehta has concluded that it seems within reason to argue — whether or not it’s proven to actually be the case — that then-President Donald Trump entered into a sort of conspiracy with far-right agitators associated with groups including the Oath Keepers around the time of the Capitol riot. Mehta outlined this argument in tandem with his recent conclusion that civil litigation against Trump for his role in inciting the Capitol riot could proceed. The riot involved significant numbers of individuals affiliated with extreme-right organizations, some of whom — a group from the Oath Keepers — have now been charged with seditious conspiracy.
Essentially, Mehta found that Trump could have known of the nature of the violent, far-right individuals who went on to help attack the Capitol, making it so that he’d have also known that calls to “fight” would be carried out in a literal sense. During a speech at an outdoor rally in D.C. ahead of the Capitol attack, Trump said that “we’re going to walk down, and I’ll be there with you…and we’re going to cheer on our brave senators and congressmen and women, and we’re probably not going to be cheering so much for some of them.” He expressed similar sentiments elsewhere in that same speech — and someone involved in the preparation of Trump’s remarks named Ross Worthington is among those who have been subpoenaed by the House committee investigating the Capitol riot.
As Mehta explained his perspective, “It is reasonable to infer that the President knew that these were militia groups and that they were prepared to partake in violence for him… The President thus plausibly would have known that a call for violence would be carried out by militia groups and other supporters.” Whether or not violence was basically counted on in some respect by the Trump team has been under investigation by the riot panel, committee member Rep. Adam Schiff (D-Calif.) has explained. On the Oath Keepers’ part, there was the expectation that Trump could have invoked a federal law known as the Insurrection Act, which allows presidents to summon militias — a role that members of the group were prepared to fulfill. Where exactly that they got the idea that such a thing could unfold, and how that idea developed, would no doubt be an area ripe for investigation.
Rep. Eric Swalwell (D-Calif.), one of those behind the litigation that Mehta allowed to move forward, commented that he will be hoping to secure a deposition from Trump as the matter moves forward. As the Congressman explained it, “Judge Mehta’s ruling is a complete vindication of my claims against Donald Trump for inciting an attack against the Capitol. Trump led a conspiracy to violently interfere with the January 6 Joint Session of Congress. With this ruling, I will move forward to depose Donald Trump and seek all relevant evidence surrounding January 6.”
