Trump and Giuliani Accused of Conspiring with Far-Right Groups to Incite January 6 Insurrection

Strategic Insights -

Former President Donald Trump and attorney Rudy Giuliani are being accused of conspiring with the far-right groups Proud Boys and Oath Keepers to incite the January 6 insurrection in a civil lawsuit filed by Mississippi Democratic Rep. Bennie Thompson. The lawsuit, which cites a post-Civil War law designed to combat violence and intimidation by the Ku Klux Klan, accuses Trump and Giuliani of mobilizing and preparing their supporters for an attack to prevent Congress from certifying the 2020 election results. The lawsuit also alleges that Trump's refusal to directly condemn the Proud Boys during the first Presidential debate in September encouraged their violent plans leading up to January 6.

Key Takeaways:

  • The lawsuit, filed by Rep. Bennie Thompson, accuses Trump and Giuliani of conspiring with far-right groups Proud Boys and Oath Keepers to incite the January 6 insurrection.
  • The lawsuit cites a post-Civil War law designed to combat violence and intimidation by the Ku Klux Klan, which allows civil actions to be brought against people who use "force, intimidation, or threat" to prevent anyone from upholding the duties of their office.
  • The NAACP is backing the lawsuit and helping to represent Thompson in court.
  • Trump and Giuliani are accused of mobilizing and preparing their supporters for an attack to prevent Congress from certifying the 2020 election results on January 6.
  • The lawsuit alleges that Trump's refusal to directly condemn the Proud Boys during the first Presidential debate in September encouraged their violent plans leading up to January 6.
  • Several members of the far-right groups Proud Boys and Oath Keepers have been charged for their involvement in the riot, with the Justice Department charging more than a dozen Proud Boys so far.
  • Trump's words, including telling his supporters to "fight like hell, you're not going to have a country anymore" and "you have to show strength, and you have to be strong," are cited in the lawsuit as evidence of incitement.
  • Giuliani's statement telling supporters to "let's have trial by combat" is also cited in the lawsuit.
  • The lawsuit has been randomly assigned to Judge Amit Mehta, an appointee of former President Barack Obama.

Statistics:

  • Over a dozen Proud Boys have been charged by the Justice Department for their involvement in the January 6 riot.
  • The KKK statute, which is the basis for the lawsuit, has not been widely used.
  • Trump's words, including telling his supporters to "fight like hell, you're not going to have a country anymore," are cited in the lawsuit as evidence of incitement.
  • Giuliani's statement telling supporters to "let's have trial by combat" is also cited in the lawsuit.
  • The lawsuit has been filed in federal court by Rep. Bennie Thompson in his personal capacity.
  • The lawsuit is the first civil action filed against Trump related to the January 6 insurrection.

Sources:

  • CNN, "Trump and Giuliani accused of conspiring with far-right groups to incite January 6 insurrection"
  • CNN, "House Speaker Nancy Pelosi has been briefed on the lawsuit"
  • CNN, "Jason Miller, a spokesman for Trump, said the former President did not incite or work to incite riots at the Capitol"
  • The Hill, "Trump impeachment trial"
  • The Washington Post, "January 6 insurrection"
  • University of Texas Law professor and Supreme Court analyst Stephen Vladeck, "The KKK statute has not been widely used"
  • Attorneys Joseph Sellers, "The fact that there's very little precedent [involving this section of the statute] is a reflection of how extraordinary the events were that give rise to this lawsuit"