Prosecutors can use video footage of former President Donald Trump telling the Proud Boys to “stand back and stand by” in the criminal trial accusing some of the group’s top leaders of seditious conspiracy, a federal judge ruled Wednesday.
Trump’s comments are admissible as evidence because they may show “an additional motive to advocate for Mr. Trump (and) engage in the charged conspiracy” to block the certification of the 2020 election, District Judge Timothy Kelly wrote in his ruling.
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The comments emerged during a presidential debate in 2020 when moderator Chris Wallace asked Trump if he would condemn white supremacist groups. Then-candidate Joe Biden interjected, specifically mentioning the Proud Boys as a group that regularly attended Trump’s rallies.
“Proud Boys — stand back and stand by,” Trump said in response. “But I’ll tell you what. I’ll tell you what. Somebody’s got to do something about Antifa and the Left because this is not a right-wing problem.”
Prosecutors sought to use video footage of Trump’s answer in the Proud Boys trial, maintaining the comment was used as a recruitment tool in the Jan. 6 riot.
Nick Smith, a defense attorney for Proud Boys member Ethan Nordean, argued Trump’s comments couldn’t be used in the case because it didn’t spur any of the actions allegedly taken by his client during the Capitol riot. However, Kelly rejected that argument, citing a tweet from another Proud Boys member that read “standing by, sir,” posted immediately after the debate.
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Prosecutors plan to use the video footage during their opening statements in the trial, which is scheduled to begin Thursday. The trial features five Proud Boys leaders — Nordean, Enrique Tarrio, Zachary Rehl, Dominic Pezzola and Joseph Biggs — who face “seditious conspiracy” charges related to their alleged roles in the Jan. 6 Capitol riot. Each of the defendants have pleaded not guilty.
