the President’s own former Attorney General echoed, “orchestrating a mob to pressure Congress is inexcusable.”[1]
In the days leading up to the Save America Rally, President Trump touted the “thousands of people pouring into D.C.” who “won’t stand for a landslide election victory being stolen.”[2] Supporters of President Trump met across Washington, D.C., joined by his close allies, including General Michael Flynn and Roger Stone, and speakers rallied the crowd with calls of “We’re not backing down anymore” and “It is time for war.”[3] It was entirely foreseeable in this circumstance that the mob—fired up, some armed and armored, some with public plans for doing so—would engage in violence at the Capitol as an imminent result of President Trump’s encouragement and incitement at the rally.
It was also widely reported that militia groups and members had posted pictures with weaponry that they planned to bring to the rally, and had posted numerous times about how to storm and occupy the Capitol.[4] Several people had been arrested, including on weapons-related charges, for assaulting a police officer and simple assault.[5] The leader of the Proud Boys, a group the President previously told to “stand back and stand by”[6] on national television, was arrested for destruction of church property.[7] Recognizing the potential for violence, D.C. Mayor Muriel Bowser asked residents to stay away from the downtown area where the Rally would take place on Tuesday and Wednesday, and mobilized every city police officer.[8]
These events also make clear that President Trump acted willfully. He actively encouraged the mob to besiege the Capitol in defense of his supposed electoral victory. In context, it was readily foreseeable that this would result in violence and lawless action. And it did, in fact, have that result. Given all that, there can be no serious doubt that President Trump intended these reasonably foreseeable results encouraged by his own conduct. He may not have anticipated every detail, but any reasonable person would understand that inflaming a mob containing armed, angry supporters, and then directing them towards the Capitol with the goal of “fighting like Hell” and thwarting a supposed massive electoral conspiracy would result in violence and destruction. Indeed, the contrary inference—that the President accidentally incited the mob to violence, and
- ↑ Orion Rummler, Barr condemns Trump: "Orchestrating a mob to pressure Congress is inexcusable", Axios (Jan. 7, 2021).
- ↑ Donald J. Trump Tweet, (@realDonald Trump), Twitter (Jan. 5, 2021, 5:12 pm) (online and searchable at http://www.thetrumparchivetrumptwitterarchive.com/).
- ↑ Dan Barry et al., ‘Our President Wants Us Here’: The Mob That Stormed the Capitol, N. Y. Times (Jan. 9, 2021).
- ↑ Craig Timberg & Drew Harwell, Pro-Trump forums erupt with violent threats ahead of Wednesday’s rally against the 2020 election, Wash. Post (Jan. 5, 2021).
- ↑ Allan Smith, D.C. Police make several arrests ahead of major pro-Trump election protests, NBC (Jan. 6, 2021).
- ↑ 'Proud Boys, stand back and stand by': Trump doesn't condemn white supremacists at debate, Wash. Post (Sep. 29, 2020).
- ↑ Judge bans Proud Boys leader from Washington, D.C., after arrest, NBC (Jan. 5, 2021).
- ↑ Brandy Zadronzyny & Ben Collins, Violent threats ripple through far-right internet forums ahead of protest, NBC (Jan. 5, 2021).
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