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Thousands of Donald Trump supporters stormed the U.S. Capitol after he lost the 2020 presidential election. Four years later, some of them are allowed to return to the nation’s capital so they can celebrate Trump’s return to the White House.
At least 20 defendants charged with or convicted of joining the Jan. 6, 2021, attack on the Capitol have asked federal judges for permission to attend President-elect Trump’s second inauguration Monday in Washington, D.C., according to an Associated Press review of court records.
The majority can go. Several others cannot.
In most cases, Justice Department prosecutors have argued that Capitol riot defendants shouldn’t be able to return to the scene of their crimes while they’re under the court’s supervision.
“What’s past is prologue, and the defendants could easily find themselves in another situation where they engage in mob violence,” a prosecutor wrote in opposing a New York couple’s travel request.
At least 11 defendants have received the court’s permission to attend the inauguration, a day when Trump may issue mass pardons to Capitol rioters. Judges have denied requests made by at least seven others.
Many other convicted Capitol rioters may be free to attend if they have completed their sentences. Typically, those who remain under the court’s supervision after an arrest, a probation sentence or release from prison must get a judge’s approval to travel outside their home district.
Among those who can attend is Deborah Lynn Lee, a Pennsylvania woman accused of posting social media messages calling for the execution of her political opponents in the days leading up to the riot. Lee was charged in August 2021, was convicted of four misdemeanors after a trial in October and is scheduled to be sentenced Jan. 27.
Justice Department prosecutor Carlos Valdivia argued that Lee’s return to Washington would endanger Capitol police officers and “create an absurd situation.”
“Lee’s presence in D.C. was restricted for years to keep the community safe, but in a few days, she would be allowed to return to attend a ceremony that demands heightened security,” Valdivia wrote.
Magistrate Judge Zia Faruqui approved Lee’s request, noting that she isn’t accused of engaging in violence and has complied with her release conditions. The magistrate said Lee “is coming to celebrate, not demonstrate” this time.