Authored by Michael Kunzelman
WASHINGTON (AP) – Thousands of supporters of Donald Trump invaded the U.S. Capitol following his loss in the 2020 presidential election. Four years later, some individuals are being permitted to return to the capital to mark President Trump’s reinstatement in the White House.
At least 20 defendants charged or found guilty of taking part in the January 6, 2021, assault on the Capitol are set to appear in Washington, D.C., on Monday for Trump’s upcoming presidential campaign, as per an Associated Press analysis of court documents. It has come to light that he has requested a federal judge for consent to attend the president’s second inauguration.
The majority can participate. However, there are some who cannot do so.
In most instances, prosecutors from the Justice Department have contended that defendants involved in the Capitol riot should not revisit the crime location while under judicial supervision.
“The past is merely the beginning, and the defendants could easily find themselves in a situation that escalates into gang violence,” prosecutors stated in opposition to the travel motion of the New York couple.
At least 11 defendants have received court approval to attend the inauguration, coinciding with the date when President Trump might issue a sweeping pardon to the Capitol rioters. The judge dismissed the petitions of at least seven others.
Numerous other convicted Capitol rioters might be able to participate once they complete their sentences. Typically, individuals who are under judicial supervision after arrest, who are sentenced to probation, or who are released from jail, need to secure a judge’s approval to travel beyond their residential vicinity.
Included among those cleared to attend is Deborah Lynn Lee, a woman from Pennsylvania accused of sharing social media posts advocating for the execution of political dissenters in the days prior to the riot. Lee was charged in August 2021, found guilty of four misdemeanors following a trial in October, and is set to be sentenced on January 27.
Justice Department lawyer Carlos Valdivia asserted that Lee’s return to Washington would pose a risk to Capitol Police officers and “create an unreasonable situation.”
“Ms. Lee’s travel to Washington, D.C., has been limited for years to safeguard community safety, yet she will be permitted to return shortly to attend an event that necessitates heightened security,” Valdivia wrote.
Judge Zia Faruqui granted Lee’s application, emphasizing that she was not suspected of participating in any violent actions and had adhered to the terms of her release. The judge remarked that this time Ms. Lee “comes not to protest, but to celebrate.”
“Courts have a duty to foresee future events, but this is not a ‘minority report.’ There must be substantial proof of imminent danger to rationalize relevant release conditions,” wrote Faruqui.
District Judge John Bates allowed New York couple Carol and Kevin Moore to attend the inauguration while awaiting trial in April. Prosecutors contended that the Moores’ presence might lead to officers experiencing “re-traumatization,” but Bates expressed doubt that officers present at the inauguration would recognize the Moores.
“To begin with, the past does not serve as a prologue here,” the judge stated. “The nature of the inauguration was significantly different from previous occasions involving a transfer of power that the Moores attended. Simply stated, the inauguration included crowds endorsing a peaceful transition of power alongside those opposing it. There’s nothing to do.”
The Moores, among others, intend to hold banners that read “Day One,” according to the couple’s attorney. It is a plea for Trump to fulfill his campaign commitment to pardon the Capitol rioters on his first day in office. President Trump has consistently referred to the January 6 defendants as “hostages” and “patriots.”
The roster of defendants related to the January 6 riot permitted into Washington on Monday includes a man from New Jersey who contacted the FBI, a woman from New Hampshire serving a four-month prison term, and a man accused of utilizing a firearm. It also lists a man from New Jersey who was charged with using a bullhorn to incite other rioters.
Prosecutors did not oppose permitting Rebecca LaBrentz, a bed and breakfast owner from Colorado and self-identified “praying grandma of J6,” to attend the inauguration despite being on probation. LaBrentz noted that her daughter was working as deputy manager for Monday’s swearing-in ceremony after assisting with the Trump campaign last year.
Individuals barred from participating in the inauguration include Jared Miller from Virginia, who was charged with assault against police. Miller’s attorney, Stephen Brenwald, remarked that Monday’s inauguration represents a “completely different scenario” compared to the 2021 riots. The lawyer further contended that his client’s actions that day were unrelated to his travel request.
“Protesters and onlookers will no longer come to their districts in anger and fight to reclaim what they feel has been unjustly taken from them. Instead, they will be prepared to support those they favor, and law enforcement will not adopt a hostile stance towards event participants,” Brenwald wrote.
District Judge Rudolph Contreras rejected the request, citing Miller’s assault charges.
Russell Taylor, the man from California who wielded a knife and a hatchet while assisting other rioters in breaching police lines outside the Capitol, was invited by six-term Utah Rep. Chris Stewart, who resigned in 2023.
District Judge Royce Lamberth, who sentenced Taylor to six months of home confinement, stated that it was unwarranted to permit someone who attempted to disrupt the last presidential inauguration to attend “such a venerated event.”
“It is an invaluable privilege to be present at a presidential inauguration that celebrates and honors the peaceful transfer of power,” Lamberth wrote.
The justices also ruled against a travel application from a man in North Carolina who took part in the initial act of violence against Capitol Police on January 6, a man from Mississippi charged with assaulting an officer with a flagpole, and bear spray. It also declined a travel request from a man from Maine who was charged with assaulting police.
Initially published: January 18, 2025, 8:20am PST