Lawyers for Proud Boys leader Enrique Tarrio and four other defendants plan to subpoena former President Donald Trump, seeking his testimony in the high-profile trial that charges the far-right group's members with conspiring to stop Congress from certifying Joe Biden's 2020 win on January 6, 2021.
"Donald Trump called on patriots to stop the steal. We're calling on Donald Trump to take the stand," Norm Pattis, an attorney representing Proud Boys member Joseph Biggs, said Thursday, according to Politico and the CBS-affiliate WUSA9.
Forcing Trump to testify as a witness would require approval from Judge Timothy Kelly, a Trump appointee presiding over the case in Washington, DC's federal district court. Proud Boys' lawyers are seeking the federal government's help to serve the subpoena, according to Politico.
For more than a month, the Justice Department has argued that the defendants — Tarrio, Biggs, Ethan Nordean, Zachary Rehl, and Dominic Pezzola — plotted to stop the peaceful transfer of power from Trump to Biden on January 6. Prosecutors claimed that under Tarrio's leadership, the group banded together to violently storm the Capitol and obstruct the 2020 electoral certification process — a serious and rare charge known as seditious conspiracy. The defendants have pleaded not guilty.
Prosecutors have said that Proud Boys' members responded to Trump's calls to his supporters to "protest" on January 6 when Congress met to certify the results.
In response, defense lawyers at times have blamed Trump for the attack on the Capitol, asserting that the Proud Boys had followed the former President's orders to come to the nation's capital in support of his false claims that the election was stolen because of widespread voter fraud.
The strategy behind Trump testifying would be to try to show jurors that the former President was responsible for the violent riot, rather than the Proud Boys members.
It's a line of argument that several January 6 defendants have presented in court before, though largely unsuccessfully. Judges have repeatedly dismissed the claim, maintaining that Capitol rioters should be held accountable for the violence that erupted that day. One January 6 defendant, Dustin Thompson of Ohio, requested in his trial last year to subpoena Trump as a witness, though the Judge declined his bid. Thompson was later convicted on six charges related to the Capitol riot and sentenced to three years in prison.
Although the Proud Boys' trial is unique from the majority of January 6 cases because of the government's seditious-conspiracy charges, it's currently unclear whether Kelly would allow the subpoena.
Even if the subpoena is issued, however, the possibility of Trump appearing in court is slim. His lawyers are likely to move to prevent Trump from speaking under oath about January 6. The former President has never taken any responsibility for the attack.
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By my clock, it is now January 6th.
Unhappy 3rd Anniversary of 1/6.
As of what I can find typing this:
80 attackers are still unidentified.
More than 1230 attackers have been charged so far. Of those, about 730 have plead guilty and another 170 have been convicted of at least one of the charges against them in a court of law. 2 have been acquitted, both by judges instead of by a Jury of their peers.
Approximately 750 attackers have been sentenced so far. The longest sentence has been for Enrique Tarrio, Proud Boys National Chairman, now serving 22 years for seditious conspiracy. Second and third place are a tie, belonging to Oath Keepers founder Stewart Rhodes, and Proud Boys Seattle-area Chapter President, Ethan Nordean. Both are serving 18 years for seditious conspiracy.
Scott Fairlamb, the first person to be sentenced for assaulting a law enforcement officer during the Capitol riot, after pleading guilty, was sentenced to 41 months in prison and was released last June. Several other attackers and conspirators who committed lesser crimes have been out of jail for a while.
Former President Trump's trial in regards to 1/6 is currently scheduled for March 4th of this year. By which time, the Supreme Court will most likely have weighed on at least one other trial he is involved in. They are scheduled to hear the his petition on the Colorado Supreme Court and Maine Secretary of State rulings that Trump is ineligible to run for political office by Section 3 of the 14th Amendment on this coming February 8th. By which time 3 Republican Primaries will already have been held, while 2 will be held on that same day.
The statute of limitations will start protecting people who have not yet been charged for their crimes during 1/6/2021 in 2 years, on 1/6/2026. Assuming that Trump does not win re-election and issue a blanket pardon.
I admit I'm dreading the 4th anniversary.
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The son of a notable conservative activist was found guilty of 10 felonies for his alleged participation in the Jan. 6 riot, which includes bashing a Capitol Building window, the Justice Department announced Friday.
Leo Bren Bozell IV was found guilty of assaulting a police officer, destruction of government property, obstructing a preceding and other crimes. The charges carry a maximum sentence of 20 years in prison.
Prosecutors allege Bozell led rioters up the stairs of the Capitol Building, bashed a window, entered the Capitol and made his way to Speaker Nancy Pelosi’s (D-Calif.) office and later led a mob to the Senate floor.
His father is Brent Bozell III, who founded Media Research Center, Parents Television Council and other conservative media organizations.
Bozell was identified via online tips to the FBI, and was arrested in February 2021. Investigators said witnesses recognized his sweatshirt — emblazoned with the insignia of his children’s rural Pennsylvania private school where he was a basketball coach.
Prosecutors claimed that the defendant also helped organize the “Stop the Steal” rally in front of the Capitol which preceded the riot. In a pretrial filing, prosecutors said he was “a major contributor to the chaos, the destruction, and the obstruction at the Capitol on January 6, 2021.”
His attorneys denied that he took part in any violence or assisted in taking over police lines during the riot.
“In fact, video evidence will show that Mr. Bozell assisted in some small way law enforcement officers that he thought could be helped by his assistance,” attorney William Shipley wrote in a filing. “[Bozell] was — for the most part — simply lost and wandering from place-to-place observing events as they transpired.”
More than 1,100 people have been arrested in relation to the Jan. 6 riots, including nearly 400 on charges of assaulting a police officer, the Justice Department said.
The longest sentence — 22 years — for a Jan. 6 defendant so far was handed down to former Proud Boys leader Enrique Tarrio earlier this week. Proud Boys member Ethan Nordean and Oath Keepers leader Stewart Rhodes are tied with the second longest sentences — 18 years — for their role in the insurrection.
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The Proud Boys’ seditious conspiracy trial opens Monday in federal district court in Washington, D.C., where five top members of the violent far-right group stand accused of a leading role in the insurrection on Jan. 6, 2021.
The high-stakes trial, which is expected to take at least six weeks to complete, will cover the breadth of the Justice Department’s investigation into the fascist street gang and its alleged plot to upend the 2020 election. Those facing charges include Enrique Tarrio, the gang’s longtime chairman, and four other leaders accused of coordinating and participating in the attack: Ethan Nordean, Joseph Biggs, Zachary Rehl and Dominic Pezzola.
But the implications of this case extend beyond the fate of five extremist leaders and their actions surrounding Jan. 6. It will measure the federal government’s overall response to the Proud Boys — whose six-year parade of violence and bigoted harassment continues today — and the broader extremist threat they represent.
The relationships they’ve secured in law enforcement, right-wing media and the upper crust of the GOP have landed them in a comfortable and supported place in American politics. Their ongoing efforts have served to normalize violence as a justified option in right-wing political campaigns.
In essence, this is as much a case about the events of Jan. 6, 2021, as it is about the crises of political violence and extremism at large.
“The continued efforts of Proud Boys after Jan. 6 to create chaos and incite violence locally and nationally is indicative of the risk the group continues to pose to the safety of communities and individuals across the country,” said Dr. Cassie Miller, senior research analyst with the Southern Poverty Law Center, in a statement released over the weekend.
She continued: “It is of the utmost importance that the Proud Boys, and all those who helped plan and perpetrate the attack on Jan. 6, be held accountable. Without such accountability, our democracy will continue to be at risk.”
The DOJ has already built an expansive case against the group, with evidence that includes their communications via text and social media, and hours of video showing their movements on Jan. 6.
But there could be some new, bombshell revelations once Proud Boys members take the stand in January. The DOJ has secured plea deals from several top Proud Boys, whose testimony could shed new light on the gang’s ties to the GOP — and, more specifically, Donald Trump’s inner circle — in the lead-up to the insurrection.
THE CASE AGAINST THE PROUD BOYS
There’s no question that the Proud Boys played an outsize role in the attack on Jan. 6. More than 100 members and their allies marched alongside thousands of Trump supporters toward the Capitol that day. Several Proud Boys led the initial charge, identified and breached key defensive barriers set up by law enforcement, clashed with officers, and encouraged others to join them in storming the Capitol.
Two Proud Boys insiders — Charles Donohoe of North Carolina and Jeremy Bertino of South Carolina — have already pleaded guilty to conspiracy and seditious conspiracy, respectively, and have agreed to cooperate with the government in its case against their fellow members.
Those pleas significantly strengthen the basic allegations in the DOJ’s case: The Proud Boys, fueled by the notion that Jan. 6, 2021, would be their last chance to overturn the election in favor of Trump, mobilized members from across the country to Washington in December 2020 and conspired to violently disrupt the confirmation of Joe Biden as president.
Donohoe and Bertino were among several top members who were invited by Tarrio to a series of encrypted chatrooms for planning purposes — one of which was titled “Ministry of Self-Defense” — and it was through these communications that leaders repeatedly implicated themselves in the attack.
“You know we made this happen,” and “1776 motherfucker,” Bertino messaged to Tarrio following the insurrection on Jan. 6, court documents show.
Though Tarrio was not present during the riot itself, the DOJ will seek to show that he played a key role in organizing the Proud Boys’ violent campaign, alongside leaders of the Oath Keepers extremist group, two of whom were found guilty in November following their own seditious conspiracy trial. On top of setting up the encrypted chatrooms, Tarrio also allegedly looked over a planning document titled “1776 Returns” in December of 2020, which detailed a plot to occupy several buildings in D.C. on Jan. 6. He also met with Oath Keepers leadership on the eve of Jan. 6, and separately, has already seen jail time over his role in a violent, pro-Trump Proud Boys march through D.C. on Dec. 12, 2020.
The DOJ contends that Tarrio’s four co-defendants played equally significant but varied roles in planning and carrying out the insurrection:
Pezzola was among the first to breach the Capitol. He was captured on video using a police riot shield — which he allegedly ripped away from a responding officer — to smash a window, through which a swarm of Trump supporters entered the Capitol and began their search for members of Congress inside.
Nordean, Biggs and Rehl were reportedly given leadership roles in coordinating the Proud Boys’ campaign. Among other allegations, they worked to obfuscate the gang’s involvement that day by ordering members not to wear the gang’s colors, black and yellow. As the attack unfolded, they allegedly branched out among the throng, agitating other insurrectionists and encouraging the assault on the Capitol.
The Proud Boys’ defense centers around Tarrio’s relationship with Metropolitan Police Lt. Shane Lamond, an intelligence officer who was tasked with monitoring the Proud Boys and other factions as they gathered in Washington. Lamond was in close contact with Tarrio prior to the riots, and defense lawyers argue that the pair discussed the “purpose of the [Proud Boys’] trip, the agenda, and the location,” according to the Associated Press. They argued that Tarrio’s stated plans for the Proud Boys involved peaceful protest, not violence.
“How can there be sedition if the Proud Boys are informing law enforcement of their plans on Jan. 6?” Tarrio attorney Sabino Jauregui said prior to trial.
But prosecutors revealed that they’d been investigating that relationship for months, and that Lamond could himself face charges. Lamond now plans to invoke his Fifth Amendment right against self-incrimination if he’s called to the stand, which hamstrings the Proud Boys’ defense, according to The New York Times.
THE PROUD BOYS, THE GOP AND THE FUTURE OF POLITICAL VIOLENCE
Alongside their own sedition case, the Proud Boys are also a key figure in the federal and congressional overarching investigations into Trump and his cohort’s connection to the attack.
Tarrio maintains a close relationship with Trump ally Roger Stone, who admitted in an interview with this reporter that he’d been advising Tarrio and the Proud Boys through their political ambitions for years.
The Justice Department revealed that the pair was in contact leading up to and on Jan. 6, as well: Tarrio was among dozens in a group chat with Stone that’s existed since 2019, titled “Friends of Stone.” Others included Oath Keepers founder Stewart Rhodes, and allies of conspiratorial talk show host Alex Jones and Mike Flynn, Trump’s former National Security Adviser.
There are still questions about what Trump knew about the attack and when, and how close extremist groups like the Proud Boys and Oath Keepers were to direct contact with the former president on or before Jan. 6. Stone is currently the Proud Boys’ closest known ally to the White House, and the expected testimony from Bertino and Donohoe could reveal more about that relationship, and further implicate Trump’s right-hand man.
The sedition trial will also help determine what chilling effect, if any, the government’s sweeping Jan. 6 investigation will have on far-right extremism in America, and the increasingly violent anti-Democratic rhetoric coming from the pro-Trump right in recent months.
Despite their leaders in prison awaiting trial, the Proud Boys and other extremist groups have continued to mobilize on the grievances of the GOP and right-wing media. Throughout 2022, they’ve brought violence and harassment to Roe v. Wade demonstrations, events featuring drag queens, abortion clinics and children’s hospitals that feature trans health care programs. Many of these events feature violence at the hands of Proud Boys, who often come armed and alongside other violent factions, including neo-Nazi groups, according to a Vice News investigation.
Meanwhile, GOP leadership has yet to issue a full-throated condemnation of the Proud Boys’ dirty work, or that of their allies. In fact, Republicans have embraced the same brand of political violence as a platform for the party’s future.
Republican leaders joined white nationalists at an annual gala put on by the New York Young Republican Club earlier this month in Manhattan, where they declared “total war” on the left, according to the Southern Poverty Law Center.
“We want to cross the Rubicon. We want total war. We must be prepared to do battle in every arena. In the media. In the courtroom. At the ballot box. And in the streets,” NYYRC President Gavin Wax said onstage.
At the same event, Rep. Marjorie Taylor Greene (R-Ga.) was met with applause when she declared that the insurrection would have been a successful operation had she led it.
“I will tell you something, if Steve Bannon and I organized that, we would have won,” she said. “Not to mention, it would’ve been armed.”
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