In posts to his social media website, former President Donald Trump offers up new defenses for his actions during and leading up to the riot at the U.S. Capitol Building by his supporters on Jan. 6, 2021. The claims suggest that the House select committee investigating the riot destroyed evidence Trump could have used to defend himself and that, prior to being banned by Twitter, he had been preparing to invoke the Insurrection Act. Here is the latest legal news involving the man who hopes to be reelected to the White House in 2024.
January 6 election interference
Trump claims Jan. 6 committee destroyed evidence that would have helped his defense
Key players: Former Rep. Liz Cheney, special counsel Jack Smith, former entertainment lawyer Rogan O’Handley
In a New Year’s Day post on his social media website, Trump falsely suggested that Cheney and the House Jan. 6 Select Committee had “illegally” deleted and destroyed “most of the evidence, and related items, from the January 6th Committee of Political Thugs and Misfits. THIS ACT OF EXTREME SABOTAGE MAKES IT IMPOSSIBLE FOR MY LAWYERS TO PROPERLY PREPARE FOR, AND PRESENT, A PROPER DEFENSE OF THEIR CLIENT, ME,” Salon reported.
The committee interviewed more than 1,000 witnesses before it compiled its 845-page final report, and Trump is seizing on the fact that the entirety of those transcribed interviews do not appear in the final published report, suggesting, without evidence, that what is not included would have helped to exonerate him.
There is no evidence that the committee deleted any evidence that would have been beneficial to Trump, and on Tuesday, Cheney responded to Trump’s claim.
“Seems like someone is starting 2024 hangry. @realDonaldTrump – you and your lawyers have had the J6 cmttee materials (linked below) plus the grand jury info & much more for months. Lying about the evidence in all caps won’t change the facts. A public trial will show it all.”
On New Year’s Eve, Trump also reposted a message by O’Handley, who floated the evidence-free theory that Twitter banned Trump from the platform so as to thwart him from invoking the Insurrection Act that would have allowed him to use the U.S. military to clear the Capitol Building on Jan. 6, 2021.
“What if they were trying to limit his ability to activate the Insurrection Act?” O’Handley mused.
Politico legal reporter Kyle Cheney (no relation to Liz) quickly pointed out the flaws with this theory: “The president doesn’t need Twitter to be able to issue a public warning. He also has repeatedly insisted he gave all necessary authority to DoD and Sec. Miller days earlier.”
And legal expert Steve Vladek piled on: “This cockamamie new theory depends upon a factually incorrect understanding of what it takes to trigger the Insurrection Act. Congress removed the (original statutory) requirement that a dispersal request *precede* the calling forth of troops in … 1795.”
Why it matters: While it remains to be seen whether Trump’s lawyers will offer similar arguments about alleged missing evidence or a conspiracy by social media companies to prevent the former president from invoking the Insurrection Act, Smith and his team have surely taken notice of the former president’s latest social media activity and could certainly present it in court.
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