‘Fails to cite even one example’: Judge rejects Trump’s attempt to remove ‘inflammatory’ allegations tied to violence at Capitol in Jan. 6 indictment

Background: Violent insurrectionists loyal to President Donald Trump breach the U.S. Capitol in Washington, Jan. 6, 2021. Christopher Worrell, a member of the Proud Boys extremist group who disappeared days before he was supposed to be sentenced for his role in the U.S. Capitol riot has been arrested, the FBI said Friday. (AP Photo/John Minchillo, File)/Top right: U.S. District Judge Tanya Chutkan Administrative Office of the U.S. Courts via AP, File)/ Bottom right: Former President of the United States Donald J. Trump delivers remarks at the Republican Party of Florida

Left: Violent insurrectionists loyal to President Donald Trump breach the U.S. Capitol in Washington, Jan. 6, 2021. (AP Photo/John Minchillo, File). Top right: U.S. District Judge Tanya Chutkan (Administrative Office of the U.S. Courts via AP, File). Bottom right: Former President of the United States Donald J. Trump delivers remarks at the Republican Party of Florida’s Freedom Summit in Kissimmee on Nov. 4, 2023. (Kyle Mazza / SOPA Images/Sipa USA)(Sipa via AP Images)

A federal judge on Friday denied Donald Trump‘s request to strike so-called “inflammatory allegations” about the events at the Capitol on Jan. 6 from his criminal indictment in Washington, D.C., saying he failed to prove his claim while “making several accusatory and unsupported comments” on his own.

The bar to strike language deemed inflammatory “surplusage” by a criminal defendant is high, presiding U.S. District Judge Tanya Chutkan explained in the brief 3-page order.

To reach it, there must be ample evidence provided. In Trump’s bid to dilute the language of his indictment for allegedly criminally conspiring to overturn the results of the 2020 election, he failed to reach that bar.

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