Colorado “Insurrection” Trial Update: Syracuse Law Professor Testifies President Trump Failed by Not Deploying National Guard on J6 – Ignores US Capitol Police Official Timeline and Mayor’s Request NOT to Deploy National Guard

Tuesday was Day 2 of the absurd trial to remove President Trump from the 2024 ballot in Colorado.  As reported by The Gateway Pundit, the conflicted judge in the trial was appointed late last year to the bench and took her seat in January 2023.  She has previously donated to The Colorado Turnout Project, which is an organization hellbent on removing “insurrectionists” from office based on their position on the January 6th protest in Washington, DC.

Day 3 of the trial is underway and can be viewed live here:

During the trial on Tuesday, the petitioner’s attorney in the case called Professor William Banks from Syracuse University to testify about the authorities the President has over the National Guard regarding the US Capitol.  A segment of that testimony excoriating President Trump for not deploying the Guard can be heard here:

The petitioner’s attorney asks Professor Banks:

Q:  I wanted to start with one of the findings from the Jan 6 committee that I think you referenced in your report.   And this is from page 577 of the Jan 6th report.  We’ve got it highlighted here, it says “President Trump could have called top officials at the DOJ, the DHS, the DOD, the FBI, the Capitol Police Department, or the DC Mayor’s Office to ensure that they quelled the violence.”  Was that one of the findings of the Jan 6th report that you reviewed?

A: “It was”.

Q: What is your view of that finding? (and why?)

A: I think the finding is correct.  The President had plentiful authority to respond to the Jan 6th attack including of by reference to all the departments included in that sentence that you just reviewed.  In addition to that, as many here know, he’s also the Commander of the DC National Guard.  They had a very potentially important role.

During cross-examination from the intervenor’s attorney, Prof. Banks is asked about a request from DC Mayor Muriel Bowser, in which the mayor requested federal authorities be withdrawn from cities during the 2020 riots that destroyed over $2 billion worth of private businesses and local neighborhoods and cost dozens of Americans their lives.

Mayor Bowser wrote:

We write to express our deep concern and objection to the deployment of federal forces in our cities, as those forces are conducting law enforcement activities without coordination or authorization of local law enforcement officials.

The unilateral deployment of these forces into American cities is unprecedented and violates fundamental constitutional protections and tenets of federalism. As you are well aware, President Trump threatened to deploy federal forces in Seattle to “clear out” a protest area and in Chicago to “clean up” the city. Seattle and Chicago authorities objected and threatened legal action to stop such actions. In Washington, DC outside Lafayette Park, extreme action was taken by federal law enforcement against protesters without the Mayor of DC’s approval. Acting Deputy Secretary of Homeland Security Ken Cuccinelli said in recent days that the administration intends “to continue not just in Portland but in any of the facilities that we’re responsible for around the country.” This abuse of power cannot continue.

The majority of the protests have been peaceful and aimed at improving our communities. Where this is not the case, it still does not justify the use of federal forces.  Unilaterally deploying these paramilitary-type forces into our cities is wholly inconsistent with our system of democracy and our most basic values.

We urge you to take immediate action to withdraw your forces and agree to no further unilateral deployments in our cities.

The letter was signed by a number of mayors across the United States, including Mayor Bowser of Washington DC.  Another letter, also in the document linked above, was addressed to Speaker Pelosi, Majority and Minority Leaders Mitch McConnell and Chuck Shumer, and House Minority Leader Kevin McCarthy, asserting the same federal overreach and signed by Mayor Bowser, among others, once again.

While Mockingbird outlets are quick to “fact-check” whether or not President Trump authorized the deployment of the National Guard, Kash Patel, who was the Chief of Staff to then-acting Secretary of Defense Chris Miller, tells a different story.  In his Kash’s Corner podcast, Patel writes:

Two days before the Capitol breach on Jan. 6, 2021, then-President Donald Trump personally authorized the use of up to 20,000 National Guardsmen to support local law enforcement if requested. But no request, as required by law, came from the Capitol police or from Mayor Muriel Bowser, says Kash Patel, who was serving as chief of staff at the Department of Defense at the time.

On January 5th, 2021, Mayor Bowser sent a letter addressed to then-Acting Attorney General Jeff Rosen, Secretary of the Army Ryan McCarthy, and Acting Secretary of Defense Chris Miller assuring them that “the Metropolitan Police Department is prepared for this week’s First Amendment Activities” and that they have coordinated with federal agencies, “namely the US Park Police, US Capitol Police, and US Secret Service.”

Bowser goes on to declare that “The District of Columbia Government has not requested personnel from any other federal law enforcement agencies.”  She then asked that “any request for additional assistance be coordinated using the same process and procedures.”

And most importantly, she asserts, “To be clear, the District of Columbia is not requesting other federal law enforcement personnel and discourages any additional deployment without immediate notification to, and consultation with, MPD if any such plans are underway.”

Further, as documented in the “United States Capitol Police Timeline of Events for January 6th, 2021 Attack”, then-USCP Chief Steve Sund had, in fact, requested the DC National Guard to the House and Senate Sergeant at Arms multiple times after the “attack” was already underway.  Ironically, and absolutely worth noting, the “attack” on the US Capitol had begun before President Trump finished with his speech.  The most ardent supporters of the President assembled in DC on that day in hope of some breaking news from President Trump regarding the 2020 Election.  President Trump’s speech ended at 1:10pm, according to the USCP Timeline, however, the first “breach” to US Capitol restricted grounds occurred at 12:53pm, 17 minutes prior to his speech ending.  Patrons of the speech would also have to walk over a mile from the Ellipse to the US Capitol.

The USCP report does acknowledge that “counter-protester groups” would be in attendance:  They/Them Collective, DC Youth Liberation Front and Shutdown DC; Refuse Fascism DC.  They also acknowledge that Antifa will be present.  All of these groups would be less likely to have concern with President Trump’s message on that day.

According to the documented timeline, Chief Sund requested the National Guard from the Senate Sergeant at Arms (SSAA) first at 1:04pm.  Then for a “declaration of emergency” to the House Sergeant at Arms (HSAA) at 1:09pm (1 minute before Trump’s speech ended).  Again, Chief Sund requests the emergency declaration for National Guard to the HSAA at 1:22pmAt 1:49pm, Chief Sund requests National Guard from General Walker.  At 2:03pm, Chief Sund again asks the HSAA for an emergency declaration for the National Guard.  At 2:08pm, CPB issues a “verbal emergency declaration and gives authority for National Guard deployment.”  Then, still without National Guard support, at 2:26pm Chief Sund, yet again, requests National Guard support.

At 2:30pm, a formal written request for National Guard is finally drafted.

Despite Professor Banks’ testimony in this absurd hearing to remove the Republican front-runner for President from the ballot without any convictions that would qualify such removal, there is clear evidence that President Trump acted as he should:  he authorized the National Guard if requested.  Mayor Bowser made it perfectly clear through precedent and her own words that she did not want extra federal assistance and the SSAA and HSAA were slow to respond to requests from Chief Sund for support from the National Guard.

But of course, “Blame Trump.”

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