Trump’s Trial Takes Another Legal Twist as Judge Orders Him to Scramble for Missing Jan. 6 Records

A federal judge overseeing civil litigation against former President Donald Trump, related to the January 6 attack on the U.S. Capitol, has granted him additional time to obtain records from the Secret Service and Washington, D.C.’s Metropolitan Police Department (MPD).

These records, which have been missing since June, are deemed crucial for the ongoing case, which involves lawmakers and police officers who were present during the Capitol riot as reported by Law and Crime on Wednesday, August 21, 2024.

Earlier this month, during a status conference, it was revealed that the subpoenas sent by both Trump’s attorneys and those representing the plaintiffs to the Secret Service and MPD had gone unanswered for over a month.

The plaintiffs’ attorneys, in particular, expressed frustration that the deadline they had set for the response to these subpoenas, June 18, had passed without any action from the agencies.

The subpoenas are part of a broader civil lawsuit known as Lee v. Trump, where lawmakers, including Rep. Bennie Thompson (D-Miss.) and Rep. Barbara Lee (D-Calif.), along with nine other current or former House members, have brought the case against Trump.

The plaintiffs allege that Trump’s actions leading up to and on January 6 were not within his official capacity as President but rather an attempt to intimidate and obstruct their official duties.

In response to the delays in obtaining these critical records, U.S. District Judge Amit Mehta, who has been presiding over the case for over three years, initially sought to determine whether the subpoenas had been lost or if the agencies were simply being nonresponsive.

However, during the August status conference, Judge Mehta shifted the responsibility back to Trump, ordering him to provide an update on the efforts to obtain these records by August 29, 2024.

“Defendant Trump shall file a Status Report by August 29, 2024, which updates the court on his efforts to obtain records from the Secret Service and the DC Metropolitan Police Department,” Judge Mehta ordered.

The case has drawn significant attention, not only due to the involvement of a former President but also because of its implications for understanding the events surrounding January 6.

The lawsuit also names the Proud Boys organization, a far-right group whose leader, Henry “Enrique” Tarrio, is currently imprisoned, as co-defendants alongside Trump.

The plaintiffs argue that the violent events of that day were incited by Trump and his allies, obstructing the lawful certification of the 2020 presidential election results.

The Secret Service has been under scrutiny in connection with January 6 for some time. In 2022, the federal watchdog group, Citizens for Responsibility and Ethics in Washington (CREW), sued the Secret Service after it was revealed that a significant number of text messages related to January 6 had been deleted.

These deletions reportedly occurred after the House Select Committee to Investigate the January 6 Attack on the U.S. Capitol requested them.

The Secret Service has maintained that the deletions were part of a systemwide “migration” process that took place between January 27, 2021, and April 1, 2021, and not a deliberate effort to destroy evidence.

The exact details of what Trump and the plaintiffs seek from the Secret Service and MPD through their subpoenas remain unclear.

However, during an August 7 status conference, it was disclosed that much of the discovery material for the case had been gathered from public sources.

Attorneys from the National Archives, who were also involved, revealed that they had already produced 1,500 of the 4,700 documents flagged in the case.

These documents are believed to include records related to Trump’s “Stop the Steal” rally on January 6, communications among government officials about the rally, logistical details concerning Trump’s transportation to and from the Ellipse, and communications regarding his speech.

Federal prosecutors involved in the case reported that they had received approximately 1,650 pages of records from the Interior Department, with the department expected to complete the production by August 19.

Despite the volume of material involved, neither party raised concerns about privilege issues, suggesting that the information being requested and produced does not fall under protected categories.

As the August 29 deadline approaches, all eyes will be on Trump’s efforts to secure the outstanding records.

The case has the potential to set significant legal precedents, particularly regarding the scope of presidential immunity and the extent to which a sitting president can be held accountable for actions that are alleged to have incited violence or disrupted democratic processes.

Judge Mehta’s insistence on pushing the case forward, with an eye toward hearing summary judgment arguments before the fall, underscores the urgency and importance of resolving the legal questions surrounding Trump’s role in the events of January 6.

As the litigation progresses, it will likely continue to draw public and media attention, particularly given the broader implications for accountability and justice in the wake of one of the most tumultuous days in recent American history.

Neither the attorneys representing Trump nor those representing the plaintiffs responded immediately to requests for comment from Law&Crime on the recent developments.

As the case unfolds, the court will continue to play a pivotal role in determining the legal ramifications of the January 6 attack and the extent of accountability for those involved.