Some of the Proud Boys have argued that the former president should be on trial, not them.
to “stand back and stand by.” In an encrypted chat from after the election, produced in court, Tarrio told a top deputy that the Trump campaign wanted them to keep showing up at rallies but not wear “colors” identifying themselves as Proud Boys.
“President Trump told these people that the election was stolen,” defense attorney Sabino Jauregui told jurors. “Trump told them to go there on January 6th, and it was Trump who in his speech on January 6th unleashed that mob over there at the Capitol.”The former president wasn’t on trial, Jauregui said, because “it’s too hard to blame Trump, it’s too hard to put him on the witness stand with his army of lawyers.
The subpoena effort is almost certain to fail. Duke University law professor Lisa Kern Griffin, who studies constitutional criminal procedure, noted that the defendants face multiple obstacles to putting Trump on the stand.Judge Timothy J. Kelly would have to rule Trump’s testimony admissible at trial. Judge Reggie B. Walton, in a different Jan.
“The probative value of such testimony is substantially outweighed by the danger of confusing the issues and misleading the jury,” WaltonUnlike most other Jan. 6 defendants, the Proud Boys did have connections to people close to Trump. But they would still have to explain to the court “why they believe there are potential pieces of information that could emerge from the presidential testimony that would make a difference to their case,” Griffin said. “That seems to me far-fetched.
Should Kelly allow the testimony, itself unlikely, Trump could claim executive privilege over any conversations he had while president. If that failed, Trump could assert his Fifth Amendment right to avoid self-incrimination, given that he isWhen Trump was subpoenaed last year by lawmakers investigating the Jan. 6 attack, he
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