With multiple investigations into his political and business dealings at the county, state, and local levels, former President Donald Trump is again at the focus of a building legal conflict, this time in the continuing Proud Boys seditious conspiracy trial.
Briefly mentioning their intention to draught and serve Trump with a subpoena to force his testimony in the proceedings related to January 6, 2021, attack on the Capitol, attorneys for one of the defendants, Joseph Biggs, did so in court on Thursday.
Biggs’ attorney Norm Pattis suggested that the court consider calling Trump a witness because of his alleged involvement in the Capitol violence.
E! News has seen a draught of the subpoena that Biggs’ attorneys intend to use to compel Trump to testify. The warrant has not been served on the former president, and no attempt has been made to cause his testimony. If the subpoena is not delivered, it will be null and void and of no legal effect unless the issuing court orders its delivery.
The Justice Department will likely ask the court to toss the request as irrelevant and inappropriate. Still, Judge Timothy Kelly, presiding over the trial in which five Proud Boys, including leader Enrique Tarrio, are accused of sedition, has not yet made his position on subpoenaing a former president known.
When asked for comment, Biggs’s lawyers declined.
During the high-profile trial, which has already lasted several weeks, prosecutors told the jury that the Proud Boys physically protested former vice president Joe Biden’s administration after hearing calls from President Trump. The Justice Government claims that the defendants used the mob of fellow rioters as part of a larger conspiracy to try to use violence to disrupt the election’s peaceful transition of power.
In their defense, the Proud Boys‘ lawyers have argued that Trump’s involvement in their clients’ alleged wrongdoing justifies further investigation.
Other defendants from January 6 have tried calling Trump a witness, but the courts and the prosecution have blocked their efforts. An Ohio man last year claimed Trump’s address near the White House permitted him to commit a crime. After deliberating for less than three hours, the jury found Dustin Thompson guilty and was given a three-year prison sentence.
Thursday’s efforts by Biggs’ attorneys to secure Trump’s testimony confront severe legal difficulties, just like those of defendants before them.