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Judge Denies Trump’s Bid to Exclude Capitol Riot Details from Election Interference Case

Election Interference

Mob of Trump supporters attacked the United States Capitol Building in Washington, two months after the 2020 presidential election

Posted: November 18, 2023 at 9:58 am   /   by   /   comments (0)

In a significant legal development, U.S. District Judge Tanya Chutkan has rejected former President Donald Trump’s request to strike references to the violence at the Capitol on January 6, 2021, from his federal election interference indictment. This ruling sets the stage for a high-profile trial in Washington, D.C., slated for March 2024, and signals a critical moment in the ongoing legal battles involving the former president.


Trump faces allegations of leading a conspiracy to obstruct the certification of the 2020 Presidential election results. Central to the prosecution’s case is the January 6 event, where a mob stormed the U.S. Capitol, leading to injuries of more than 140 law enforcement officers and disrupting the peaceful transfer of power. The prosecution asserts that this incident is integral to understanding Trump’s alleged conspiracy and intention.

Trump’s lawyers, including John Lauro and Todd Blanche, have contended that the inclusion of January 6 details could “inflame” or prejudice the jury. They argue that there’s no evidence Trump incited violence or illegal entry into the Capitol.

Prosecution’s Argument

In opposition, prosecutors maintain that the Capitol riot is essential to depicting the full scope of Trump’s actions. They argue that the events of January 6 are crucial in demonstrating Trump’s motive and intent. Senior assistant special counsels Molly Gaston and Thomas Windom said they consider the evidence of the attack “powerful and probative” concerning his motive and intent.

“The attack on the Capitol was the culmination of the defendant’s criminal conspiracies,” Gaston wrote in the filing.

Judge Chutkan’s decision highlights the importance of the jury selection process in ensuring a fair trial. She dismissed concerns about potential prejudice, focusing on the impartiality and thorough screening of jurors.

“The court will examine and address the effects that pretrial publicity, including any generated by Defendant, has had on the impartiality of potential jurors,” she said. “Moreover, before the jurors deliberate, the court will instruct them on the actual charges and the evidence they may consider in their deliberations.”


Legal experts are closely monitoring the unfolding developments. Mary McCord, a professor at Georgetown University Law Center, highlighted the significance of Trump’s actions on January 6, particularly his communication regarding Vice President Mike Pence.

“I think that one of the most material things that he did during that time was his 2:24 p.m. tweet about Mike Pence, essentially arguing to all of his followers that Mike Pence did not have the courage to do what needed to be done and that was while he knew that the Capitol was under attack,” she said.

A spokesperson for Trump, told CNBC in an email, “In her ruling today, Judge Chutkan ruled that inflammatory and false statements written into the indictment by Crooked Joe Biden’s prosecutors would not be read to the jury at a potential trial in Washington, D.C., a trial that should never happen.”

The judge’s ruling comes as a federal appeals court is set to hear arguments about a limited gag order Chutkan imposed on Trump in the election interference trial. This case is one of four criminal cases against Trump and one of two federal cases spearheaded by special counsel Jack Smith.

More than 1,200 people have been charged in connection with the attack on the Capitol and reports suggest approximately 1,000 additional participants have yet to be arrested.

Despite the legal challenges, Trump remains a prominent figure in American politics. His ongoing influence within the Republican Party and potential implications for future elections add layers of complexity to the case. His supporters and critics alike are keenly observing the trial, which will undoubtedly have lasting impacts on his political legacy.

As the trial date approaches, all eyes will be on the unfolding narrative, the evidence presented, and the potential ramifications of the verdict. This case, steeped in historical significance, will undoubtedly leave an indelible mark on the American legal and political landscape.

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