The special prosecutor led an investigation into former president Donald Trump from 2017 to 2021. Jack Smith and his team charged the former president and alleged that members of the Proud Boys and other supporters directed anger toward the Capitol on January 6, 2021, with the aim of blocking Congress from certifying the election results that would affirm Joe Biden as winner.
The filing deepens the link between Trump and the Capitol assault by presenting a dossier that Smith and his aides submitted on Tuesday. The inquiry covers both the actions of the former president and the alleged mishandling of classified documents dated January 6, 2021.
Prosecutors say that the involvement of Proud Boys members, described as a violent far right group, and other supporters illustrates Trump knew they were angry. They argue this helps establish Trump’s motive and intent to hinder the congressional certification of Biden’s victory.
According to the filings, Trump’s public statements at the time about what he possessed and his continued influence over his supporters serve as evidence of his awareness and intent to obstruct certification. The prosecutors contend that he chose not to use that influence to quell the violence that day and thereby bore responsibility for the disruption.
The document further contends that the disruption of the certification process by rioters aligned with what the defendant intended on January 6. The prosecutors included the filing to support their case.
Trump faces four counts from federal prosecutors including conspiracy to defraud the United States, conspiracy to obstruct an official act, obstruction and attempted obstruction of an official act, and conspiracy to violate civil rights.
Last September 5, Enrique Tarrio, the Proud Boys leader, received a 22-year sentence from a District of Columbia federal court for leading a conspiracy tied to the events at the Capitol. This judgment followed the deadly attack that resulted in five fatalities and injuries to a significant number of police officers.
Tarrio is among many individuals who have been prosecuted and sentenced for taking part in the assault as Congress was certifying Biden’s victory in the November 2020 election.
Prosecutors also point to Trump’s statements at the time, including remarks that suggested pardons should be extended to those convicted for January 6. They argue such statements could influence the jury and indicate that the former president viewed the actions of those acting on their own orders as potentially excusable, regardless of legal validity.