A group of current and former U.S. Capitol Police officers are turning to a federal judge in Washington, D.C., asking for access to evidence from special counsel Jack Smith’s investigation into Donald Trump. They believe this evidence is crucial for their lawsuit, which seeks to hold Trump accountable for his role in the January 6, 2021, attack on the Capitol.
In a recent court filing, eight officers explained why they need access to grand jury materials. They argue that their efforts to gather key information through regular legal channels have been blocked. The materials they’re requesting include Trump’s communications with others involved, details about the planning and promotion of the “Save America Rally” that preceded the attack, and statements from eyewitnesses.
The officers, who are suing Trump under the Ku Klux Klan Act of 1871—a law meant to protect officials from mob violence—say Trump and others conspired to incite the crowd that stormed the Capitol. They are seeking damages for the harm caused by the events of that day. The officers in the case include Conrad Smith, Danny McElroy, Byron Evans, Governor Latson, Melissa Marshall, Michael Fortune, Jason DeRoche, and Reginald Cleveland.
The filing reveals that obtaining the requested information has been a struggle. Subpoenas sent to Trump-affiliated groups like the Save America PAC, Trump Victory, and the Make America Great Again Committee turned up almost nothing. For instance, Save America PAC reportedly produced just one document—a permit for the rally. The officers’ lawyers asked for more documents, but the PAC insisted they had nothing else to share. This response, the officers argue, doesn’t add up, especially given the fundraising and planning efforts widely reported at the time.
Other key figures tied to Trump, such as Rudy Giuliani, Dan Scavino, and Caroline Wren, have also reportedly avoided responding to subpoenas. The officers say these delays have left them with no choice but to request access to the grand jury materials.
The officers believe this evidence is particularly relevant because their civil case overlaps with the criminal investigation into Trump. Both cases revolve around the same events and allegations: that Trump’s actions helped incite the January 6 attack.
Normally, grand jury materials are kept confidential. But the officers argue that Trump’s recent re-election has shifted the situation. Federal criminal cases against him were dismissed after the election, reducing the need to keep the grand jury proceedings secret. The officers say this makes it even more urgent to release the materials for their lawsuit.
They emphasize that they’re only seeking this evidence because other avenues have been exhausted. According to their filing, the evidence could make all the difference in proving their case and holding those responsible accountable. Whether the court will grant their request remains to be seen, but the officers are determined to press forward in their fight for justice.
