The federal prosecution team pursuing a case against former President Donald Trump for an alleged conspiracy targeting the 2020 election results is using his post-presidency expressions of support for January 6 rioters against him in court. The context was a filing with federal Judge Tanya Chutkan arguing against a Trump motion to strike certain language related to January 6, 2021, from the underlying indictment.
In general, the prosecutors — led by Special Counsel Jack Smith — argued that statements in the indictment related to January 6 established necessary context for the conspiracy of which Trump is accused. The context, they said, ranged from his intention to the real-world consequences of what he was doing, and on the latter point, prosecutors indicated evidence would be coming at trial showing in specific terms how individuals who joined the Capitol mob took evident inspiration from Trump’s remarks including the speech he delivered that very day. The evidence as outlined will show individuals moving from the speech venue to the Capitol.
And on the question of his general intent, that’s where the references to his post-presidency expressions of support are relevant. Trump has repeatedly offered direct, specific support to individuals charged from the riot, speaking repeatedly of potentially pardoning such persons if he regains the presidency. And he’s offered what are essentially excuses for the events on a regular basis, pointing still to the imaginary election fraud he claims was present.
“There is a robust public record of how rioters’ actions at the Capitol on January 6 were extraordinarily violent and destructive, including attacks on law enforcement officers with flag poles, tasers, bear spray, and stolen riot shields and batons,” the government said, adding: “Terrified lawmakers and staff hid in various places inside the building, and many were evacuated. Despite this, the defendant has never wavered in his support of January 6 offenders. For instance, the Government will introduce at trial the defendant’s own statements in the years since January 6 proclaiming it “a beautiful day” and calling rioters “patriots,” many of whom he “plan[s] to pardon.”” Read here.
