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Mentions of Donald Trump have been rare at the first few trials for people charged with storming the US Capitol, but that has changed: the latest Capitol riot defendant to go on trial is blaming his actions on the former president and his false claims about a stolen election.

Dustin Byron Thompson, an Ohio man charged with stealing a coat rack from the Capitol, doesnt deny that he joined the mob on 6 January 2021. But his lawyer vowed Tuesday to show that Trump abused his power to authorize the attack.

Describing Trump as a man without scruples or integrity, defense attorney Samuel Shamansky said the former president engaged in a sinister plot to encourage Thompson and other supporters to do his dirty work.

Its Donald Trump himself spewing the lies and using his position to authorize this assault, Shamansky told jurors Tuesday during the trials opening statements.Justice department prosecutor Jennifer Rozzoni said Thompson knew he was breaking the law that day.

He chose to be a part of the mayhem and chaos, she said.

Thompsons lawyer sought subpoenas to call Trump and Rudolph Giuliani as witnesses at his trial this week. A judge rejected that request but ruled that jurors can hear recordings of speeches that Trump and Giuliani delivered at a rally before the riot.

Thompsons jury trial is the third among hundreds of Capitol riot prosecutions. The first two ended with jurors convicting both defendants on all counts with which they were charged.

In a February court filing, Shamansky said he wanted to argue at trial that Thompson was acting at the direction of Trump and his various conspirators. The lawyer asked to subpoena others from Trumps inner circle, including former White House strategist Steve Bannon, former White House senior adviser Stephen Miller and former Trump lawyers John Eastman and Sidney Powell.

Prosecutors said Thompson cant show that Trump or Giuliani had the authority to empower him to break the law. They also noted that video of the rally speeches perfectly captures the tone, delivery and context of the statements to the extent they are marginally relevant to proof of Thompsons intent on 6 January.

Thompsons lawyer argued that Trump would testify that he and others orchestrated a carefully crafted plot to call into question the integrity of the 2020 presidential election. Shamansky claimed that Giuliani incited rioters by encouraging them to engage in trial by combat and that Trump provoked the mob by saying that if you dont fight like hell, youre not going to have a country anymore.

Shamansky said Thompson, who lost his job during the pandemic, became an avid consumer of the conspiracy theories and lies about a stolen election.This is the garbage that Dustin Thompson is listening to day after day after day, Shamansky said. He goes down this rabbit hole. He listens to this echo chamber. And he acts accordingly.

US district Judge Reggie Walton ruled in March that any in-person testimony by Trump or Giuliani could confuse and mislead jurors.

More than 770 people have been charged with federal crimes arising from 6 January. Over 250 of them have pleaded guilty, mostly to misdemeanors. Thompson is the fifth person to be tried on riot-related charges.

Thompson has a co-defendant, Robert Lyon, who pleaded guilty to riot-related charges in March.

Thompson, then 36, and Lyon, then 27, drove from Columbus, Ohio, to Silver Spring, Maryland, stayed overnight at a hotel and then took an Uber ride into Washington DC on the morning of 6 January. After Donald Trumps speech, Thompson and Lyon headed over to the Capitol.

Thompson was wearing a Trump 2020 winter hat and a bulletproof vest when he entered the Capitol and went to the Senate parliamentarians office, where he stole two bottles of liquor and a coat rack worth up to $500, according to prosecutors.

Thompson is charged with six counts: obstructing Congress joint session to certify the electoral college vote, theft of government property, entering or remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, disorderly or disruptive conduct in a Capitol building, and parading, demonstrating or picketing in a Capitol building.

Lyon pleaded guilty to theft of government property and disorderly conduct. Both counts are misdemeanors punishable by a maximum of one year imprisonment. Walton is scheduled to sentence Lyon on 3 June.

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Capitol riot defendant blames actions on Trump and false election claims - The Guardian

Members of the Houses Jan. 6 committee are apparently split over whether to refer Donald Trump to the Justice Department, even though many if not all of the committee members appear to have concluded that the former president engaged in a criminal conspiracy.

Its absolutely clear that what President Trump was doing what a number of people around him were doing that they knew it was unlawful, Vice Chair Liz Cheney, R-Wyo., said last weekend. They did it anyway. (Trump of course denies he has done anything wrong.)

There doesnt seem to be much doubt among the committee members about whether Trump committed federal crimes.

Indeed, the committee made that case in federal court recently, when it argued in a filing that it has a good-faith basis for concluding that the President and members of his Campaign engaged in a criminal conspiracy to defraud the United States.

The evidence was enough to convince U.S. District Judge David Carter, who wrote that the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.

Referring to Trumps legal henchman John Eastman as part of a civil lawsuit seeking to block the House committee from obtaining big lie-related emails sent from and to Eastman, Carter wrote: Dr. Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history.

Their campaign was not confined to the ivory tower it was a coup in search of a legal theory, the judge continued. The plan spurred violent attacks on the seat of our nations government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.

Despite all of this, members of the select committee probing the Capitol insurrection are reportedly worried that actually making a criminal referral might not be prudent. According to The New York Times, some members worry that even a largely symbolic referral would backfire by politically tainting the Justice Departments expanding investigation into the Jan. 6 assault and what led up to it.

You may have seen this movie before. Again and again during Trumps campaign, his presidency and now his post-presidency weve seen responsible figures determine that something must be done about Trumps behavior. And then, inevitably, they decide to let someone else do it.

Theyve rationalized their timidity as political prudence, but the result has been a pandemic of buck-passing.

In the 2016 campaign, Trumps Republican rivals mostly refused to take him on until it was too late, all the while hoping that someone else would do the hard work for them. After his election, congressional Republicans fell into line. They rationalized that appeasement as a matter of tactical savvy. I told myself I gotta have a relationship with this guy to help him get his mind right, former House Speaker Paul Ryan, R-Wis., told political reporter Tim Alberta.

And we saw the same pattern with Roberts Mueller probe, which documented Trumps obstruction of justice at great length but declined to recommend either impeachment or criminal indictment.

To the end, though, Mueller hoped that someone else would take action. During congressional hearings, he was asked point-blank by lawmakers, "Could you charge the president with a crime after he left office?"

And Mueller responded with an unequivocal "yes." He also specifically affirmed that the president could be charged with obstruction of justice after leaving office.

But that never happened.

Like other establishment figures who were rolled over by Trump, Mueller was held hostage by his excessive faith in guardrails.

In the end, as Andrew Weissmann, a member of Muellers team, wrote in his inside account, Where Law Ends, Mueller was so worried about overstepping his role that he opted instead to issue a mealy-mouthed report that documented all the ways Trump had obstructed justice but refused to do much of anything about it.

Like other establishment figures who were rolled over by Trump, Mueller was held hostage by his excessive faith in guardrails, institutional integrity and the virtues of staying in ones lane.

They brought cucumber sandwiches to a gunfight, and the outcome was never in doubt.

Even after Jan. 6, members of Trumps own party continued to engage in wish-casting. Senate GOP leader Mitch McConnell of Kentucky declared: "There is no question, none, that President Trump is practically and morally responsible for provoking the events of the day.

"A mob was assaulting the Capitol in his name," he said. "These criminals were carrying his banners, hanging his flags and screaming their loyalty to him."

But McConnell voted against a Senate impeachment conviction, because, he argued, Congress had no power to convict and disqualify a former officeholder who is now a private citizen.

Once again, he held out hope somebody else might hold Trump accountable. President Trump, insisted McConnell, is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations is run, still liable for everything he did while in office, didn't get away with anything yet yet. But that was more than a year ago, and no one else has taken action.

So now it is up the select committee and the Justice Department, which both seem to be caught in a cycle of hand-wringing. They worry about the taint of a referral and agonize over fears that Trump and the GOP will discredit any investigation as a partisan witch hunt.

But heres a reality check: No matter what they do, no matter how cautiously they act, Trump will react with bad faith and demagoguery.

The Justice Department could hire an avatar of respectability and integrity to handle the prosecution (see: Robert Mueller) and it wouldnt matter. Whatever it does, Trump will let loose the dogs of disinformation, deceit and obstruction.

Knowing it cant control the reaction, maybe the select committee should just do the right thing and finally, finally end the cycle of timidity, self-deterrence and buck-passing.

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Trump should be charged for Jan 6. Don't let the House pass the buck. - MSNBC

The attorney general, Merrick Garland, is facing more political pressure to move faster and expand the US Department of Justices investigation into the January 6 Capitol attack and charge Donald Trump and some of his former top aides.

With mounting evidence from the January 6 House panel, court rulings and news reports that Trump engaged in a criminal conspiracy in his aggressive drive to thwart Joe Bidens election win in 2020, Garland and his staff face an almost unique decision: whether to charge a former US president.

Ex-justice officials caution, however, that while theres growing evidence of criminal conduct by Trump to obstruct Congress from certifying Bidens win on January 6 and defraud the government, building a strong case to prove Trumps corrupt intent a necessary element to convict him probably requires more evidence and time.

In an important speech in January this year, Garland said he would hold all January 6 perpetrators, at any level accountable, if they were present at the Capitol that day or not, who were responsible for this assault on our democracy, which suggested to some ex-prosecutors that Trump and some allies were in his sights.

But rising pressures on Garland to move faster with a clearer focus on Trump and his top allies have come from Democrats on the House panel investigating the Capitol attack.

Those concerns were underscored this past week when the House sent a criminal referral to the justice department charging contempt of Congress by two Trump aides, trade adviser Peter Navarro and communications chief Dan Scavino, who refused to cooperate after being subpoenaed.

We are upholding our responsibility, the Department of Justice must do the same, panel member Adam Schiff said. Likewise, Congresswoman Elaine Luria urged Garland to do your job so we can do ours.

About four months ago, the House sent a criminal contempt of Congress referral to the justice department for the former White House chief of staff Mark Meadows, but so far he has not been indicted.

Some former top DoJ officials and prosecutors, however, say Garland is moving correctly and expeditiously in pursuing all criminal conduct to overturn Bidens election in its sprawling January 6 inquiry.

When people (including many lawyers) criticize the DoJ for not more clearly centering the January 6 investigation on Trump, they are expressing impatience rather than a clear understanding of the trajectory of the investigation, the former justice inspector general Michael Bromwich told the Guardian.

DoJ is methodically building the case from the bottom up. It is almost surely the most complex criminal investigation in the nations history, involving the most prosecutors, the most investigators, the most digital evidence and the most defendants, he added.

Bromwich added that people view the scores of ongoing criminal prosecutions of participants in the January 6 insurrection as somehow separate from the investigation of Trump. They are not. He is the subject of the investigation at the top of the pyramid. People need to carefully watch what is happening, not react based on their impatience.

The departments investigation is the biggest one ever. More than 750 people have been charged so far with federal crimes, and about 250 have pleaded guilty.

Still, concerns about the pace of the investigation and why charges have not been filed against Trump have been spurred in part by a few revelations over the last couple of months.

Last month, for instance, federal judge David Carter in a crucial court ruling involving a central Trump legal adviser, John Eastman, stated that Trump more likely than not broke the law in his weeks-long drive to stop Biden from taking office.

Dr Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history, Carter wrote in a civil case which resulted in an order for Eastman to release more than 100 emails he had withheld from the House panel.

Similarly, the January 6 select committee made a 61-page court filing on 2 March that implicated Trump in a criminal conspiracy to block Congress from certifying Bidens win.

On another legal front that could implicate Trump and some top allies, the deputy attorney general, Lisa Monaco, revealed in January that the DoJ was starting a criminal investigation into a sprawling scheme reportedly spearheaded by Trumps ex-lawyer Rudy Giuliani and Trump campaign aides to replace legitimate electors for Biden with false ones pledged to Trump in seven states that Biden won.

Further, the Washington Post reported late last month that the DoJ had begun looking into the funding and organizing of the January 6 Save America rally in Washington involving some Trump allies. Trump repeated his false claims at the rally that the election was stolen.

We won this election, and we won it by a landslide, Trump falsely told the cheering crowd. You dont concede, when theres theft involved, he said, urging the large crowd to fight like hell, shortly before the Capitol attack by hundreds of his supporters that led to 140 injured police and several deaths.

A Trump spokesperson, Taylor Budowich, has called the House January 6 inquiry a circus of partisanship. And Budowich attacked Judge Carters ruling as absurd and baseless, noting that Carter was a Clinton-appointed judge in California.

Dennis Aftergut, a former federal prosecutor, told the Guardian that recent actions by the House January 6 panel and by the DoJ, along with court opinions, have notably increased legal threats to Trump. Anyone would need ice in their veins not to feel the heat when all three branches of the federal government are breathing down your neck, he said.

On the issue of whether Trump may be indicted, Donald Ayer, who served as deputy attorney general in the George HW Bush administration, said the critical question should be whether there is adequate proof of wrongful intent. Citing Carters ruling that Trump more likely than not broke the law, Ayer said that the evidence of such intent has recently become a lot stronger.

Nonetheless, Ayer and Aftergut stress Garland has to juggle competing priorities lest he politicize his department, while being extra careful to ensure any charges he may bring against Trump will stand up in court.

Garlands between the rock of defending one justice department ideal and the hard place of protecting another. On one hand, no person is above the law. On the other hand, the department needs to avoid, as much as possible consistent with the first ideal, appearing political, Aftergut said.

Theres nothing easy about the position Garlands in, Aftergut added. The safest course, before considering a prosecution of a former president, would be to demand considerably more evidence of guilt than youd require in any other case.

Ayer added: Garland is right not to be discussing the specifics of whether and how Trump may be indicted, a stance Garland has adopted to protect the DoJs credibility as not political. At the same time, Ayer suggested that Garland should spend more time talking to the country about impartial justice and the idea that no person is above the law.

There are clear risks in moving too fast to appease critics.

Garland must make his decisions based on the law in relation to the facts, the former federal prosecutor Michael Zeldin said. The more politicians endeavor to pressure Garland to act, it runs the risk that any decision Garland makes will be seen as politically motivated rather than based on purely legal considerations.

That seems to fit with Garlands approach. In his 5 January speech this year, Garland emphasized, we follow the physical evidence. We follow the digital evidence. We follow the money. But most important, we follow the facts not an agenda or an assumption. The facts tell us where to go next.

And, if there is enough evidence, following the rules could end up with Trump getting charged.

DoJ will never announce that it is investigating Trump and his inner circle. Such an announcement would violate DoJ policy to neither confirm nor deny the existence of an investigation, said Barbara McQuade, a professor from practice at the University of Michigan Law School and a former attorney for the eastern district in Michigan.

Garland, McQuade added, is avoiding the mistake FBI director Jim Comey made in investigating Hillary Clinton, for which Comey was properly criticized, referring to two status reports about the investigation made in the months before the 2016 election.

Ultimately, McQuade said that Garlands biggest challenge will be proving that Trump had corrupt intent or intent to defraud, both of which would require proving that he knew his fraud claims were false. It can be very difficult to prove what was in someones mind, but it is not impossible.

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Is Trump in his sights? Garland under pressure to charge ex-president - The Guardian

Donald Trump Jr. has suggested that New York subway cameras were intentionally disabled for political reasons to prevent a mass shooting from being recorded.

The eldest son of former President Donald Trump made the remarks on Twitter Wednesday, referring to New York Mayor Eric Adams' admission that cameras were not working when a shooter opened fire on commuters on Tuesday. Trump Jr.'s comments are the latest in a string of tweets accusing law enforcement of bending to politics as they responded to the shooting.

Following the shooting, reports emerged that security cameras at Sunset Park's 36th Street station, the scene of the attack, were not working and did not capture the incident. Adams confirmed to WCBS that there was "some form of malfunction with the camera system," which he said was under review.

The shooting presented a significant challenge for Adams, a Democrat, who has prioritized public safety in the nation's largest city, particularly on its public transit system.

"Why do the security cameras never seem to work when the reality of the crime isn't good for the leftist narrative???" Trump Jr. said on Twitter.

Police on Wednesday arrested suspected shooter Frank James, who faces terrorism charges for the incident that left 10 people wounded.

Leading up to the shooting, James had posted videos to YouTube predicting a "civil war" between races. He also said that white people viewed Black people as being rightfully slaves. James in a video also criticized Adams, saying the mayor had contributed to his mental health problems and he had emerged from a facility with "more issues."

Trump Jr. on Wednesday retweeted a tweet from a writer for conservative blog RedState referencing James' videos saying "the media won't care a bit that he was motivated by left-wing talking points."

In another tweet, Trump Jr. suggested the attack wasn't described as "terror" because "the description wasn't good for the narrative."

He also took aim at the FBI, which was criticized by the former president and his allies for its investigation into his campaign's ties to Russia.

"Great work NYPD," wrote Trump Jr. "Despite the constant attacks from the leftist leaders of New York you guys still get it done... unlike the FBI leadership who seem far more interested in creating crimes and letting the actual bad guys go."

Twitter users responded to Trump Jr.'s tweet suggesting politics were behind the malfunctioning subway cameras by pointing to recently revealed text messages showing he sought to block certification of the 2020 election. Another Twitter user posted video of speeches given by Trump Jr. and his father before a mob stormed the U.S. Capitol in 2020.

Another Twitter user pointed to Donald Trump's ties to convicted sex offender Jeffrey Epstein.

Epstein was famously found dead in his New York jail cell and his death has been labeled a suicide.

However, conspiracy theories have continued to circulate that he was murdered by a powerful figure worried about potentially compromising information held by Epstein, who faced charges for running a sex trafficking operation.

A big driver behind the conspiracy theories was the two malfunctioning cameras outside his cell.

Newsweek has reached out to Adams' office for comment.

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Donald Trump Jr. Blames Failed Security Cameras on 'Leftist Narrative' - Newsweek

Donald Trumps upcoming Texas two-step will give him the chance to tout his Lone Star endorsements for the May 24 GOP state primary runoffs.

Trumps visit, however, is more personal.

Still the most influential voice in the Republican Party, the former president has an eye toward 2024, when he could make another run for the White House. And like his previous presidential runs, Texas would play a critical role.

This is perceived as a very strong base for him and he needs to keep the wires alive to tap into that Texas energy for him, said Bill Miller, an Austin-based Republican consultant and lobbyist. If the hard core here in some way should say, Yeah, I really like him, but ..., thats not what he wants. Hes got to keep that but right out of the conversation.

On May 9, Trump is scheduled to headline a Dallas dinner to raise money for Republican congressional candidates. The National Republican Congressional Committee began rounding up donors for that about a month ago.

Trump also has announced an all-day rally in Austin for May 14. Its part of his American Freedom Tour, a series of campaign-style events that seem designed to keep his profile high and to generate income.

Tickets to the Dallas dinner are treated as campaign contributions, but tickets for the American Freedom Tour event are not campaign donations, which suggests that proceeds go to the organizers and speakers.

Trump will likely use both events to tout his Texas endorsements. Trump-backed candidates are part of five GOP runoffs, most notably Attorney General Ken Paxton, whos running for a third term against Land Commissioner George P. Bush.

Despite the stakes, Trump has more than Texas runoffs on his mind.

He says he loves Texas. The Lone Star State has helped propel his political career. For his presidential bids, Trump had the help of prolific fundraisers like Dallas businessman Roy Bailey, who served as co-chairman of Trumps national finance committee. Dallas businessman Tommy Hicks Jr., an early Trump supporter, is now co-chairman of the Republican National Committee. Bailey said more money came out of Texas for Trump than any other state.

In 2020, Lt. Gov. Dan Patrick was Trumps Texas campaign chairman. And Paxton filed the ill-fated and critics say ill-advised lawsuit to overturn election results in key battleground states.

Most of Trumps Texas rallies have been well-attended spectacles and a celebration of his movement. Where else will you find a woman draped in a dress decorated with photos of Trump?

If he runs for president in 2024, Trump needs Texas Republicans to maintain their energetic support for him, as well as the continued doling of campaign cash.

Thats why the May visit wont be his last trip to Texas, particularly if he plans to stay on the national political scene.

Meanwhile, other Republicans, such as Florida Gov. Ron DeSantis, will continue to position themselves as potential 2024 presidential hopefuls.

Then theres Texas Gov. Greg Abbott, who this year wants to beat Democratic challenger Beto ORourke by 10 or more percentage points to help propel him as a possible 2024 candidate for president or vice president.

DeSantis and Abbott have been dueling each other on the most provocative new law or public policy. The Florida governor recently signed the Parental Rights in Education law, which prohibits instruction related to gender identity or sexual orientation in kindergarten through third grade. The law, which critics have dubbed dont say gay legislation, would possibly restrict such instruction for older kids, according to the Tampa Bay Times.

Last week Abbott made a bold move of his own. He announced that Texas officials would begin busing migrants to the steps of the U.S. Capitol and inspecting vehicles driven in from Mexico. He called the move an unprecedented response to illegal immigration.

Abbotts latest move escalates his clash with President Joe Biden over how to handle illegal immigration. The governor has sent thousands of state police and Texas National Guard soldiers to the border to arrest migrants on trespassing charges. In a nod to Trump, Abbott also has committed $1 billion to erecting a barrier along the states border with Mexico. That came after Biden issued an order to discontinue wall construction begun by Trump.

Critics, including ORourke, have called Abbotts latest border tactic a political stunt.

The maneuvers by potential 2024 candidates wont matter, however, if Trump is a candidate in 2024. The way he keeps beating a path to Texas, it appears another Trump presidential bid is on the horizon. And entering 2022 Trumps various campaign accounts had totaled $122 million. While that money technically cant be rolled over into a 2024 presidential campaign, he can spend it now.

Until and unless he says hes not running, Trump is the Republican front-runner for 2024.

Republicans want to win, Miller said. Theyre going to take a long hard look at Trump. It wont be automatic. Hell have to work for it, but hes the front-runner for the nomination.

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Trump visits Texas ahead of primary runoff election - The Dallas Morning News