The Justice Department is preparing to prosecute former President Trump in a high-profile, yet distinct, conspiracy case that relates to the riot. More than 1,100 people have been charged in the case. The trial of former President Trump in Washington federal court was scheduled for March, just days before the Proud Boys received some of the harshest sentences for their plot to prevent the certification of 2020 presidential election results. “The cases of seditious conspiracies and the federal case against Mr. Trump all involve an attempt to prevent a peaceful transfer of presidential power – to overrule or to override voters’ will,” McCord said. McCord said that the conspiracies are different and the cases that prosecutors will present to a D.C. juror won’t either.
“Mr. She said that Trump was a different defendant from Enrique Tarrio and Stewart Rhodes, the leaders of extremist groups.
READ: Trump Indictment in the Jan. 6 Case
After descending on Washington’s Capitol in January of 2021, the Proud Boys militia and the right-wing group Oath Keepers, were accused of committing seditious conspiracy against the U.S. Government, with the intent to stop the certification of 2020 election results through force. In the D.C. special counsel Jack Smith case, Trump faces four charges, including three conspiracy counts. These are conspiracy to obstruct a formal proceeding, conspiracy against rights, and conspiracy to defraud United States. Trump’s false allegations of election fraud are at the heart of the case. It is alleged that he used “unlawful methods” to discount the true results of presidential race in order to remain in power. Stan Twardy, a former federal prosecutor and practicing lawyer, said that the cases show a cause-and-effect relationship where Trump’s alleged behavior motivated members of extremist groups to engage in their disparate conspiracies.
The cases show a cause-and-effect relationship, where Trump’s alleged behavior motivated members of the extremist groups to engage in their disparate conspiracies, said Stan Twardy, a former federal prosecutor and practicing lawyer.
lit the match, and the Oath Keepers
were the gasoline that exploded here,” he said, pointing to the nature of their indictments.
But the ways in which prosecutors say the extremist groups and the former president executed their goals are “quite different,” McCord said — a distinction that will cause prosecutors and defense attorneys to take a different approach to Trump’s case than the Jan. 6 cases preceding it. The Justice Department used violent speech and behavior to build its cases against the members of extremist groups. Before the Capitol attack, Oath Keepers members called for action because they believed that an election had been stolen and predicted a civil war. Stewart Rhodes said the “final defence is us and our guns.” They traveled up to the Capitol in military stack formation on Jan. 6 and then into the building. They also stored weapons across the Potomac River in case violence erupted. The Proud Boys also called for “war” before the riot. They created a separate chapter of real men called the Ministry of Self Defense that would be on the ground. The Proud Boys dismantled the barricades and breached the Capitol Building on Jan. 6. They also assaulted law-enforcement officers. Former National Chairman Enrique Tarrio, who was in the chat, wrote: “Make No Mistake…we did it.” McCord stated that the videos in the cases against the rioters are so compelling, they almost prove their cases by themselves. “
Trump’s case will instead hinge on communications – his own words as well as those of others – showing an agreement to perpetrate a crime. McCord stated that prosecutors will most likely use a mixture of Trump’s private and public statements to prove their case. To prove that Trump was a part of a conspiracy, the government must prove intent. In this case, he had to know he would lose the 2020 elections and still try to subvert the results. McCord stated that Trump’s defense team is likely to rely heavily on this point when defending him at trial.
“Mr. She said that Trump still maintains there was a fraud in the elections. Twardy says that Smith’s indictment against Trump does not include accusations of sedition which are “very difficult to prove.” It focuses instead on the facts surrounding his alleged plot for staying in power. Twardy: “It’s like the Wizard of Oz — what’s going on behind the scenes?” Smith charges Trump with that.
That doesn’t mean the violence on the Capitol grounds of Jan. 6 will not play a role in the case. In the indictment, Trump is accused of using the riot to “impair and obstruct federal government functions through dishonesty and fraud.” Twardy added that the prosecutions by extremist groups could be a valuable resource for the Justice Department in determining what would convince a D.C. juror. “What
could have learned is what resonated most with the jury,” Twardy said. “What are the things that Trump was charged with which… jurors saw really as being the match that started the fire?” [Trump]Tarrio’s conviction for seditious conspiracies also shows prosecutors that juries are aware of the fact that a person may be guilty of conspiracy even if they were not present at the time of the crime. Tarrio had been arrested in D.C. on separate charges two days before and was banished to Baltimore. She warned that no two juries were exactly the same. One outlier could be enough to ruin the entire case. Twardy stated that it is up to the government if they can prove beyond reasonable doubt the crime. All rights reserved. [and Proud Boys]Copyright – 2023 Nexstar Media Inc. This material may not be published, broadcast, rewritten, or redistributed.