Lawyers for Proud Boys member take steps to subpoena former President Trump in seditious conspiracy trial

CNN  — 

Lawyers for a Proud Boys member on trial for seditious conspiracy related to his alleged role in the January 6, 2021, attack on the US Capitol are taking steps to subpoena former President Donald Trump to testify as a witness for the defense.

It’s a longshot bid as judges have previously rejected subpoenas for Trump and arguments that rioters were obeying his orders in other trials of January 6 defendants. Trump’s lawyers also wouldn’t accept service of any subpoena for him unless they had extensive discussions about it first, according to a source familiar with the matter, and they have not decided on a Proud Boys trial subpoena.

The Justice Department has not indicated in court, or in the email to defense attorneys, whether it plans to try to quash this subpoena.

But DOJ has informed defense lawyers they can contact Trump’s attorney Evan Corcoran, according to an email reviewed by CNN. If he refuses to accept service, the Justice Department said they can reach out to the Secret Service’s Miami field office to facilitate the process, or ask the court to order the US Marshals Service to serve the subpoena.

The subpoena asks for Trump to come to the federal courthouse in Washington, DC, on March 1, but bringing Trump into court is likely an uphill battle. Trump’s attorneys also could move to quash the subpoena, and federal prosecutors still have the ability to argue that his testimony isn’t relevant to the ongoing trial.

A federal prosecutor on the case declined to comment.

Norman Pattis, a lawyer who represents defendant Joseph Biggs, announced the subpoena in court last week and asked for the government’s assistance in serving the subpoena. Pattis told CNN on Wednesday that he had reached out to Corcoran about the subpoena and has not received a response. Pattis added that he also has reached out to the Secret Service in Miami.

CNN has reached out to Corcoran for comment.

Biggs and his four co-defendants are on trial for their alleged participation in the January 6 US Capitol insurrection, and all five have pleaded not guilty.

Attorneys for the five defendants in this case, including Biggs, previously asked a federal judge to allow them to argue to a jury that Trump ordered their clients to storm the Capitol on January 6. District Judge Timothy Kelly rejected the argument, saying that Trump did not have the authority to order a mob to storm the Capitol.

Pattis told CNN that serving Trump with the subpoena is “the first of many steps” in the process of getting the former president to testify in the high-profile sedition trial. Pattis also said he anticipates lawyers for Trump will move to stop the subpoena.

“I presented to the United States government a signed subpoena requiring the presence of Donald J. Trump at the Proud Boy trial sometime in March,” Pattis said on his podcast “Law and Legitimacy” last week. “We’re hoping that Mr. Trump – ambitious as he is – recognizes that this is an opportunity for him to begin to explain to the public his position on ‘Stopping the Steal.’”

“We have drawn the line,” Pattis continued. “We have asked Mr. Trump to join us, and our position is, Mr. President, you urged patriots to stop the steal in 2020 and early 2021. We have a simpler request: Take the stand.”

Pattis added that they want to question Trump on the period between November 3, 2020 and January 6, 2021.

Pattis has not said publicly what he would hope to elicit from Trump’s testimony, but several defense lawyers representing Proud Boys members have argued during this trial that their clients were called to action by the former president when he told the far-right group to “stand back and stand by” during a 2020 presidential debate, and that the Proud Boys believed they were acting at his behest on January 6.

“You see Trump, President Trump, told them the election was stolen. It was Trump that told them to go [to the Capitol]. And it was Trump that unleashed them on January 6,” Sabino Jauregui, the attorney for former Proud Boys chairman Enrique Tarrio, told jurors during his opening statement last month.

“It’s too hard to blame Trump,” Jauregui said. “It’s too hard to bring him in here with his army of lawyers. … Instead, they go for the easy target. They go for Enrique Tarrio.”