DENVER (CN) — Nearly everyone who ran in the 2020 presidential elections — including Democrats Kamala Harris and Joe Biden — encouraged voters to fight. On Tuesday, attorneys representing Donald Trump in a civil suit seeking to disqualify him from the 2024 GOP primary ballot in Colorado questioned why his Jan. 6, 2021, speech is singled out as a literal call for violence.
“Far-right extremists view the word ‘fight’ in literal terms,” testified Dr. Peter Simi, a sociologist at Chapman University who specializes in extremist groups and violence. Clean shaven, with short sandy hair, Simi wore a deep purple tie over a lavender shirt. On the stand, he explained how Trump’s rhetoric moved far-right extremist groups — including the Proud Boys, the Three Percenters and the Oath Keepers — to lay siege on the U.S. Capitol.
In a civil suit filed Sept. 6, six Colorado voters — four registered Republicans and two Independents — contend that under the 14th Amendment, Trump disqualified himself from holding office by inciting the 2021 attack on the U.S. Capitol. In a speech at the Ellipse in Washington on Jan. 6, 2021, Trump called on then-Vice President Mike Pence to refuse to certify the election and encouraged the crowd to march to the U.S. Capitol.
Passed in the aftermath of the Civil War, the 14th Amendment bars individuals from holding office if they “engaged in insurrection or rebellion” while under the oath of office. The ban can only be overturned by a two-thirds vote in the U.S. House and Senate.
Trump counters that his statements questioning the results of the 2020 election and his Jan. 6 rally cry constitute protected political speech and fall far below the bar of insurrection. But Simi said Trump had long cultivated unique support among far-right extremist groups, and instead of condemning them, he regularly offered support for acts of violence.
On behalf of the plaintiffs, attorney Eric Olson played clips from right-wing leaders that used Trump’s words to rile up supporters following the 2020 election.
In one clip, Infowars host Alex Jones urged listeners to gather in Washington on Jan. 6 saying, “he [Trump] is now calling on we the people to be there. This is the most important call to action since 1776.”
Simi explained that “1776” holds special meaning to right-wing extremists as a call for violent revolution.
In another clip, YouTube influencer Salty Cracker told followers the Jan. 6 rally would be akin to the Red Wedding in George R.R. Martin’s “Game of Thrones" series — a bloody massacre.
On Jan 5, 2021, Stop the Steal organizer Ali Alexander spoke in Washington flanked by a Trump 2020 banner and a “Stop the Steal” flag.
“I want them to know 1776 is always an option,” Alexander said. “These degenerates are going to give us what we want or we are going to shut this country down.”
Olson asked Simi why extremists didn’t hear the call for a “peaceful and patriotic protest" when Trump spoke to followers at the Ellipse,
“In this case there is such a balance in favor of fighting,” Simi explained — the speech used the word “fight” more than 20 times, and peace just once.
Face framed by black glasses, Second Judicial District Judge Sarah Wallace listened intently, breaking in with occasional questions.
“Is it your testimony that you would say all of this if nothing had happened?” Wallace asked. "How much of this is with the benefit of hindsight?”
Simi recalled concerns he felt three years ago ahead of the 2020 election, along with an interview he had given, forecasting the possibility of violence leading up to the inauguration.
Wallace asked Simi whether Trump simply talks this way, suggesting he might be ignorant of the effect his words had on people with violent tendencies.
But Simi rejected the theory of blissful ignorance, pointing to a pattern of speech encouraging right-wing extremists, who in turn said they took Trump’s message to heart.
“But you don’t have any evidence that President Trump was trained on this form of communication?” Wallace pressed.
On behalf of Trump, attorney Scott Gessler pushed Simi on Trump’s unknown intent and suggested his audience was reading between the lines.
Gessler recalled a scene from the 1994 film “Dumb and Dumber,” where a woman tells Lloyd Christmas, played by Jim Carrey, that there’s a one in a million chance of her dating him, to which Lloyd cheers, “You’re telling me there’s a chance!”
“Does that describe far-right extremists where they are always trying to latch onto something to believe in and will disregard all other evidence?” Gessler asked.
Simi acknowledged he has never seen the movie, but traced a pattern of Trump showing support for the extremist groups.
Professor William Banks, a law professor at Syracuse University who specializes in national security law, took the stand to outline the president’s ability — and refusal — to send in the U.S. National Guard once he learned what had happened at the U.S. Capitol.
“There were two calls before 2 p.m. that relayed there was a violent attack at the Capitol,” Banks said.
Judge Wallace ended court early to fulfill her civic duty to the trick-or-treaters in her neighborhood.
The trial is scheduled to continue through Friday.
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