Nearly five years after it was filed, a major civil lawsuit against President Trump, the Proud Boys, and other January 6 defendants is still being aggressively pursued in federal court in Washington, D.C.
Smith et al. v. Trump et al. (1:21-cv-02265) was filed in August 2021. Despite the fact that the key criminal cases against Proud Boys leaders have now been vacated and dismissed with prejudice, this civil case continues. It remains stuck in a long, expensive discovery phase with no trial in sight.
The plaintiffs are Capitol Police officers. Under long-standing D.C. law known as the professional rescue doctrine, police officers generally cannot sue civilians for injuries sustained while doing the very job they are trained and paid to do. Yet this case has been allowed to move forward, with the court approving broad demands for private emails, text messages, and other communications from the defendants.
What started as a lawsuit claiming to seek justice for officers has turned into a drawn-out fishing expedition. Criminal investigations under the previous administration found no operational conspiracy linking the Proud Boys to President Trump directing the events of January 6. Those criminal cases have now collapsed. Still, this civil case grinds on.
With the 2026 midterms approaching, some observers argue this lawsuit serves a broader political purpose: keeping January 6 in the headlines and generating potential material that could be used in campaigns or future congressional action if Democrats regain power. Whether or not that is the main goal, the result is the same — endless litigation that drains the resources of the defendants and their counsel long after the criminal cases have been dismissed.
Our defense counsel has been fighting this case for years, often with little or no payment. In return, counsel has faced online harassment, doxxing of clients, and professional attacks simply for representing people the radical left wants silenced. This kind of pressure is designed to make attorneys abandon these cases and leave defendants without a strong defense.
This is one of the last major legal battles still being fought over January 6. The other side has institutional funding and a well-resourced legal team. Our side does not.
Your support will help our counsel continue this fight — covering legal costs, discovery expenses, and the resources needed to push back against overreach and keep defending the principle that the justice system should not be used as a political weapon.
Every donation makes a real difference. Please stand with the defense and help us keep going a little longer.
Thank you.
