Expert says Trump could have defended Capitol on Jan. 6 as disqualification case enters new phase

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A professor who is an expert in national security has testified that Trump could have mobilized the National Guard and federal law enforcement to protect the Capitol once violence broke out on Jan 6.

DENVER — Then-President Donald Trump could have mobilized the National Guard and other federal agencies to protect the U.S. Capitol once violence broke out on Jan. 6, 2021, a law professor testified Tuesday as a case to bar the former president from the 2024 ballot moved into a new phase.

Banks was testifying as a witness for a group of Colorado voters who want to bar Trump from the ballot for allegedly violating his oath to uphold the Constitution in his attempt to overturn his 2020 election loss. They cite a rarely used clause in the 14th Amendment, adopted just after the Civil War, that prohibits those who"engaged in insurrection" against the Constitution from holding higher office.

On Tuesday, Geoffrey Blue, one of Trump's Colorado attorneys, noted that a Department of Defense timeline shows that Trump previously had asked Gen. Mark Milley, then-head of the Joint Chiefs of Staff, if the military was prepared for protests that he himself had called against Congress' Jan 6 certification of President Joe Biden's win. Milley said yes, according to the timeline.

The committee's final report details Trump's inaction as rioters stormed the Capitol, calling it"a dereliction of duty," and suggested that Congress consider barring him from holding office in the future.

 

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