Former President Donald Trump is being sued by seven officers of the United States Capitol Police, Roger Stone, his long-time advisor, and members of far right extremist groups. They claim they conspired with others to use violence Jan. 6, to stop Congress from certifying results from the 2020 presidential election.
On Thursday morning, the U.S. District Court for District of Columbia filed a lawsuit alleging that Trump and other defendants conspired to use force, threats, and intimidation to attack the Capitol.
Officer Jason DeRoche is an 18-year veteran from the Capitol Police and a Navy vet. He said that the civil lawsuit is not about obtaining a financial settlement. He stated that the lawsuit is not about obtaining a financial settlement.
DeRoche stated, "We don’t want something like that happening ever again."
He stated that he wanted Trump and other defendants to be held responsible for their actions, so that there could be consequences "if they ever did this again."
Jan. 6 hearing
Trump supporters clash with security forces and police as they storm the U.S. Capitol in New York on January 6.
Six other former Capitol Police officers, who each have served between 13 and 35 years in the department, are joining DeRoche. The Jan. 6 incident is described in the complaint. Six other veteran Capitol Police officers were also named. They were tear-gassed, bear-sprayed, and assaulted and believed their lives were at stake.
DeRoche began his shift at 7:15 a.m. on that day. The lawsuit claims that DeRoche assisted in barricading the Capitol with bike racks to stop Trump supporters from attacking him. He was attacked with pepper spray, bear spray, and fire extinguishers over the course of a long shift. According to the lawsuit, his eye was closed, his arm was damaged, and he sustained emotional injuries.
Edward Caspar is senior counsel to the Lawyers Committee for Civil Rights Under Law. He said that the officers were willing to risk their lives in defense of the rights of citizens to choose their government. "If they hadn't done what they did that day, if they weren't brave enough to stand up, I don't think we would be living in democracy today."
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Plaintiffs claim that the defendants violated federal Ku Klux Klan Act. This statute, which dates back to Reconstruction, allows victims to sue if they are hurt by conspiracies that "prevent any person from accepting any office, trust or place of confidence under United States law."
Caspar stated that the law could not have been more appropriate to the facts of the case.
He said that the attack involved intimidation, threats and force to stop Congress from certifying election results and injuring Capitol Police officers in their duties.
Requests for comment from Trump's attorneys and other defendants were not immediately answered by them. Enrique Tarrio (chair of Proud Boys) was another defendant in the lawsuit. He did not respond to requests for comment.
Jan. 6: Suicides of two additional DC officers responding to the insurrection at the US Capitol
According to the lawsuit, the conspiracy grew as Trump and far right influencers (including the Oath Keepers, the Proud Boy, and others) sowed doubts regarding the integrity of the presidential election.
It links together events across the country, including the takingover of the Michigan State Capitol by armed protesters on April 30, 2020 and violent attacks by The Proud Boys. Stewart Rhodes, leader of Oath Keepers, made fiery television appearances to argue that they were all part in a nationwide conspiracy to keep Trump in power even though he lost the election.
The lawsuit alleges that the conspiracy grew in intensity after the election. The purveyors and supporters of "Stop The Steal", a conspiracy theory, worked to spread misinformation about election fraud. The complaint claims that threats and attacks on election workers are implicitly linked to Trump's propaganda.
Trump supporters clash with security forces and police as they push barricades for the storming of Washington's Capitol on January 6.
Erwin Chemerinsky is the dean of University of California Berkeley School of Law. He said that the lawsuit was "very clever."
He said, "They do an amazing job of describing the events on Jan. 6."
He suggested that plaintiffs might have difficulty proving some elements.
Chemerinsky stated that because the lawsuit is a civil right case, it's difficult to determine exactly who was infringed.
"Is it civil rights of voters?" He said. He said, "If a group of people try to block an abortion clinic, that's a clear conspiracy against human rights. But here, the question is: Whose rights are being violated?"
Second, Chemerinsky stated that it might be difficult to prove the far-right groups' actions were motivated by racism as the complaint suggests. He said that although there is no doubt that these groups are racist, it's difficult to prove that racism was behind their efforts to interfere in the election.
"Was it about race? Or were these racist people trying to keep their candidate in power? Chemerinsky asked.
Chemerinsky stated that the core premise of the lawsuit was strong. It states that the defendants conspired against Congress and the Capitol Police to prevent them from performing their jobs via intimidation and threats.
Criminal conspiracy cases in progress
Many of those named in the lawsuit are facing criminal charges for their involvement in the Capitol attack. Federal prosecutors filed three criminal conspiracy cases against Proud Boys and Oath Keepers, as well as Three Percenters.
The civil cases have a lower standard than criminal cases. Prosecutors must prove their case beyond reasonable doubt. Plaintiffs in civil cases are required to show a "preponderance" of evidence or a chance greater than 50%. Chemerinsky stated that it is generally easier to prove civil conspiracy claims than a criminal one.
The attorneys for the seven Capitol Police officers have an advantage: the criminal cases are being argued alongside their lawsuit, and they can produce evidence that can be used against defendants in civil cases.
DeRoche stated that he hopes the lawsuit will expose the real dangers the defendants pose for the American people. DeRoche described being shocked Jan. 6, by the violence and vitriol directed against him and his fellow officers.
It's a threat. He said that it's a domestic terrorist risk that the public should be aware of. "I don’t want this to happen again in the country."
Contributing: Dinah Voyles Pulver
This article first appeared on USA TODAY: Capitol Police sue Donald Trump and Roger Stone for far-right extremists
