by Sharon Rondeau

(Jul. 28, 2022) — On his Wednesday edition of “Common Sense,” former New York City Mayor and former personal attorney to President Donald J. Trump Rudy Giuliani interviewed New York-based attorney Joseph McBride, who is representing multiple defendants taken into custody following the incursion at the U.S. Capitol on January 6, 2021 about the events that day and his decision to represent some of those arrested.

Last summer, Capitol Police Officer Michael Byrd admitted to the killing, claiming Babbitt “was posing a threat to the House of Representatives” at the time. Following an investigation, Byrd was not criminally charged. According to documents obtained from the Department of Justice by Judicial Watch, Byrd “‘did not create a police report or documents’ related to the shooting of Babbitt.”

January 6, 2021 is the designated day on which Congress meets to count and certify the electoral votes from each state following a presidential election. On that day, a “Stop the Steal” rally was held at which Trump himself, Giuliani and others spoke, contending fraud sufficient to have changed the outcome of the November 3, 2020 election.

Others, such as America’s Front Line Doctors (AFLDS) founder Dr. Simone Gold were scheduled to address the 1 million+ crowd but ultimately did not have the opportunity. As stated in recent AFLDS newsletters, Gold, who is both an attorney and physician, reported to federal prison Tuesday, where she will spend the next 58 days following her “guilty” plea to a misdemeanor charge of “trespass.”

As stated in a recent “Notice of Intent to Bring Civil Action sent to CNN executives, Trump, along with many Americans, continues to believe the 2020 election was “stolen” as a result of significantly-expanded mail-in voting and other methods to boost Democrat Joe Biden’s numbers in key “swing” states.

In June last year, a U.S. House “select committee” was approved, although lacking a ranking member, as is required of congressional committees and was provided for in its organization, to purportedly gather evidence as to the events of January 6, 2021. In assembling the group, in an “unprecedented” move, Pelosi rejected two Republicans put forward by House Minority Leader Kevin McCarthy, ultimately leaving it with seven Democrats and two Republicans, both of whom had positioned themselves as Trump adversaries and one of whom is not seeking re-election in November.

In hearings beginning in early June, with a “primetime” session coordinated by a former ABC News executive, the “committee” has declined to allow cross-examination of witnesses and to make available for questioning Pelosi and Senate Majority Leader Chuck Schumer, whose responsibility it was to put in place security measures at the U.S. Capitol that day.

Giuliani’s broadcast is titled, “The Unconstitutional Imprisonment of Americans” and introduces McBride just before the 8:00 mark. “It takes a lot, and you pay a price for it,” Giuliani acknowledged, referring to Trump supporters who have become subjects of investigations.

“How did you get involved in this?” Giuliani asked McBride, after characterizing McBride as likely “really enjoying himself” in the practice of law prior to considering representing J6 defendants.

An attorney colleague “approached me about representing Richard,” McBride responded to Giuliani, identifying Richard Barnett as the man photographed with his feet resting on Speaker of the House Nancy Pelosi’s desk inside the Capitol. After leaving Mass on Ash Wednesday 2021, McBride said, he decided to accept Barnett’s case, with several others following.

Barnett, who is charged with an array of crimes, was placed in a cell next to Edward Jacob (“Jake”) Lang, who was initially represented by a McBride colleague, McBride said, and was seeking new counsel.

Giuliani asked McBride the exact number of J6 defendants he is representing, which McBride asserted is “well over a dozen cases,” five of which involve criminal charges. “This is my full-time endeavor,” he said, working with a team of attorneys and other professionals who review the cases regularly. “We’re doing our best to stay ahead of this massive body of discovery that they are unfairly using against us and dumping on us so as to prejudice the defendants and delay the trials, and so on and so forth; you know the game.”

“Sure do,” Giuliani responded.

His J6 attorneys are at different points geographically, as are their clients, McBride said, and were not easy to find. “I looked across the country to find the best people possible, because I didn’t want to settle for anyone less than the best on my team.”

“How many are still in prison? How many have been charged?” Giuliani asked of the entire January 6 event.

“Somewhere between 850 and 900,” McBride said, with arrests still ongoing. “I get new calls every day from people who are getting arrested. My take on the situation is pretty simple: The events that took place at the Capitol on January 6, 2021 did not happen in a vacuum. For the previous two years leading up until January 6 of ’21, we saw all types of protests spread out all across this country. No matter where you are in the political aisle, objectively we can agree that people came out into the streets on behalf of George Floyd and other police brutality-based incidents to protest, and some of those protests turned really violent. You had good actors and you had bad actors, but those people, by and large, got a pass for their violent acts, their burning of buildings, their slapping and pushing and hitting of police officers, because their actions and their original motivations for going out into the public square were grounded in the First Amendment.

“So when you view that in light of what took place at the Capitol on January 6, there was a reasonable interpretation by people who went there that day that certain acts with regard to political protest are permissible in this day and age. Moreover, when you consider the fact that 50 previous ‘Stop the Steal’ protests took place in 2020 and all of them peaceful, excepting the times when members of Antifa showed up and attacked Trump supporters. [sic] So when you consider that, you have to say, ‘Well, how did this 51st ‘Stop the Steal’ protest all of a sudden break out into a riot?”

McBride then offered a litany of reasons he believes to be responsible, including “paid agitators from all over the country” and poor Capitol security. “Many people are being arrested and charged as domestic terrorists for something that was completely foreseeable and should have never happened,” he said.

“The buck stops with the Capitol Police that day, and they are putting the blame on everyone else; it is atrocious,” McBride further claimed.

As for whether or not there was “prior planning” of the incursion, McBride enumerated “three groups of people who went to the Capitol that day”: those who believed the election results were questionable and wanted to make their “voice heard”; a smaller group of “nefarious actors” with intent to “cause mayhem”; and a third with “pure intentions” but which was “swept up in the greater events of that day.”

The “vast majority” of defendants his practice represents, McBride said, fall into the third category.

Cases involving those protesting or defending themselves against “attacks” from Antifa or police, McBride said, should not be “conflated” with the violence that took place that day.”

“The idea that President Donald J. Trump, the one president in the last 50 years that did not send Americans to war, is somehow responsible for an attack on his own Capitol, is absolute lunacy,” McBride commented at 17:00.

“Yeah,” Giulini replied. “You and I certainly agree that this is maybe crazier than ‘Russia collusion’ or a phony, improper conversation with the Ukraine president or, say, the hard drive with Russian — the part of this that really, really worries me is that these people who are perpetrating this are two- and three-time losers,” referring to two attempts by the U.S. House of Representatives to impeach and convict Trump.

“House impeachment managers” are driving the investigation, NPR reported early last year.

The remainder of the interview can be viewed here.


Correction: This article initially erroneously reported that Giuliani’s interview with Ashli Babbitt’s mother followed that of McBride in the same broadcast rather than two days later.

Join the Conversation

6 Comments

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  1. We are experiencing 1,000 comments per hour for this editorial and overwhelming the verdict is that Capitol Police Officer Byrd committed FIRST DEGREE MURDER (since no one was in jeopardy and no threats were made) and deserves a one-way plane ticket to Kabul and let’s let the Taliban administer swift justice.
    I will pay for his one-way plane ticket; we’ll need someone to drive Byrd to the airport.

    OPOVV

    .

    1. In addition to murdering Ashlie Babbitt, an unarmed protester who posed no immediate threat to them, U.S. Capitol Police Officers also murdered the following three unarmed protesters who also posed no immediate threat to them:

      Kevin D. Greeson, a 55 year old man, was standing among a crowd of protesters on the Capitol plaza when an anti-riot concussion grenade tossed into the crowd by USCP landed at his feet and exploded, causing him to suffer a heart attack and die on the scene.

      Rosanne Boyland, a 34 woman, was among a crowd of protesters being shoved out of an entrance to the Capitol by USCP when she stubbled and fell to the ground, whereupon she was beaten to death by USCP using anti-riot batons.

      Benjamin Philips, a 50 year old man, was also standing among a crowd of protesters on the Capitol plaza when an anti-riot concussion grenade tossed into the crowd by USCP landed nearby and exploded, causing him to suffer a stroke and die on the scene.

      All because their HATRED for President Trump drove DC Mayor Muriel Bowser and Speaker of the House Nancy Pelosi to reject President Trump’s January 3rd request to send thousands of National Guard troops to D.C. in order to prevent what took place three days later.