As former President Donald Trump gears up to face a D.C. jury on charges related to his alleged efforts to subvert the 2020 election, the battle over whether the chaos and violence that unfolded at the U.S. Capitol on Jan. 6, 2021, should play a central role in his trial.
In a new court filing, special counsel Jack Smithโs team has made it clear that the mob that stormed Congress in Trumpโs name will be the linchpin of their case. Smith contends that the events of that fateful day were not merely an unfortunate reaction to Trumpโs provocative remarks but rather a tool employed by Trump in a last-ditch effort to maintain his grip on power.
โOn January 6, 2021, lives were lost, blood was shed, portions of the Capitol building were badly damaged, and the lives of members of the House and Senate, as well as aides, staffers, and others working in the building, were endangered,โ Smith asserted in the new court documents. โYet publicly, the defendant has promoted and extolled the events of that day. While the violent attack was ongoing, the defendant told rioters that they were โvery specialโ and that โwe love you.โ In the years since, he has championed rioters as โgreat patriotsโ and proclaimed January 6 โa beautiful day.โ In this case, though, the defendant seeks to distance himself, moving to strike allegations in the indictment related to โthe actions at the Capitol on January 6, 2021.โโ
Trump has vehemently demanded that any information linking him to the Jan. 6 insurrection should not be admissible in the upcoming trial. According to Politico, calling witnesses like rioters Dustin Thompson and Danny Rodriguez to the stand could strengthen Smithโs case.
Thompson argued at his trial that his decision to maraud through the Senate parliamentarianโs office amid the chaos was a direct result of Trumpโs remarks. Rodriguez, who buried a borrowed taser into the neck of D.C. Police Officer Michael Fanone on that day, has similarly contended that Trumpโs lies about election fraud essentially brainwashed him.
โIndeed, that day was the culmination of the defendantโs criminal conspiracies to overturn the legitimate results of the presidential election when the defendant directed a large and angry crowd โ one that he had summoned to Washington, D.C., and fueled with knowingly false claims of election fraud โ to the Capitol to obstruct the congressional certification proceeding,โ Smith emphasized.ย
โWhen his supporters did so, including through violence, the defendant did not try to stop them; instead, he encouraged them and attempted to leverage their actions by further obstructing the certification. Contrary to the defendantโs claims, then, the indictmentโs allegations related to the actions at the Capitol are relevant and probative evidence of the defendantโs conduct and intent, and they are neither prejudicial nor inflammatory,โ Smith concluded.

