It’s been four years since insurrectionists stormed the Capitol building in Washington, D.C., in an attempt to stop the peaceful transfer of power. Since that day, many have wondered what true accountability could look like for the violence that took place, and its threat to our democratic process. Since its inception, the Lawyers’ Committee has remained fierce defenders of democracy, fair and just elections, and the right of all people to vote and have that vote count. With that commitment in mind, the organization launched what is considered the most comprehensive civil lawsuit against President Trump, his presidential campaign, and over 20 other defendants, including the Proud Boys and the Oath Keepers—Smith v. Trump
1. What is the Smith v. Trump case about?
On January 6, 2021, U.S. Capitol Police officers risked their lives to protect our democracy, and in the process, faced a violent, mass attack on the Capitol driven by intentional misinformation aimed at overturning the legitimate results of the 2020 election. The violent attack was designed to threaten and intimidate those involved in conducting and protecting the election certification process. In August 2021, the Lawyers’ Committee, on behalf of the Capitol Police officers, filed a civil lawsuit against Donald J. Trump, Trump’s campaign, and other coconspirators for their role in the January 6 attack.
2. How did the events of January 6 impact the Capitol Police officers?
During the January 6 attack, the Capitol Police officers we represent were violently assaulted, spat on, tear-gassed, bear-sprayed, subjected to racial slurs and epithets, and put in fear for their lives. The trauma they experienced continues to impact their lives today.
3. The complaint references the defendants as having violated sections of the Ku Klux Klan Act. What does that mean?
The Ku Klux Klan Act was established to prevent political intimidation and violence. If a person is injured by a conspiracy to use force, intimidation, or threat to prevent federal officers from discharging their duties, or to prevent someone from assuming federal office, then the conspirators are liable to the person injured for such harm. The complaint alleges that the defendants participated in a conspiracy to prevent “(1) members of Congress, Congressional staff, or United States Capitol Police officers from discharging their lawful duties as officers of the United States,” and “(2) President Biden and Vice President Harris from accepting or holding an office” and did so through force, intimidation, and threats.
4. What role did misinformation and disinformation play in the January 6 attack?
The complaint alleges that Trump and other Defendants propagated false claims of election fraud and false narratives of a stolen election, all while encouraging the use of force, intimidation, and threats, against members of Congress and the law enforcement officers. The complaint outlines instances in which Trump and other Defendants utilized speeches, social media, and interviews to spread misleading information about election fraud, particularly in cities and states with significant Black populations.
5. What does the case hope to achieve?
The case seeks accountability for the physical and mental turmoil faced by Capitol Police officers on January 6. Collectively, the officers represented in this case have dedicated more than 170 years to their shared mission to protect Congress so that it can carry out its constitutional responsibilities safely and openly. These officers suffered significant injuries in their attempt to uphold their sworn duties and protect our democracy. They have brought this case, seeking accountability, so that this kind of political violence never happens again.
