E. Tarrio, D. Pezzola, J. Biggs, E. Nordean, Z. Rehl. (Photo courtesy of Z. Rehl)
Guest Post by Zachary Rehl
In the wake of presidential pardons, commutations, and recent federal court dismissals with prejudice of key criminal cases tied to January 6, 2021, one major civil lawsuit continues its slow, grinding march through the U.S. District Court for the District of Columbia. Smith et al. v. Trump et al. (Case No. 1:21-cv-02265-APM) was filed on August 26, 2021—nearly five years ago. It remains far from trial, mired in protracted discovery disputes that have financially strained defendants and their counsel, while plaintiffs’ counsel, awash in cash from far-left mega donors, pursues intrusive and unprecedented discovery.
This is not a conventional lawsuit seeking straightforward compensation for injured parties. It is a high-stakes fishing expedition that defense attorneys argue has little to do with traditional notions of victim redress and everything to do with keeping the January 6 narrative alive for political purposes. Radical far-left elements opposed to any robust defense of J6 participants are engaged in a relentless enterprise to destroy attorneys representing J6 defendants, simply because these attorneys stepped up to defend J6 defendants.
Far-left radicals determined to destroy these attorneys are engaged in targeted campaigns of online and telephone harassment to force clients of these attorneys to terminate longstanding attorney-client relationships. The left is intent on making so-called deplorable persons legally unrepresentable, but it is you who they claim is the fascist.
The Professional Rescue Doctrine: A Longstanding Barrier Ignored
J6 defendants who had their cases pardoned or dismissed with prejudice are currently fighting a frivolous action in the District of Columbia that was brought by Capitol Police Officers, who claimed they were injured while performing their professional duties on January 6, 2021. This case should never have been brought because it is well established that professional rescuers, e.g., cops, firefighters, who claim they were injured while performing their professional duties are prohibited by the Professional Rescuers Doctrine from suing the persons who they claim caused their alleged on-the-job injuries.
A routine pre-suit investigation would have informed plaintiffs’ counsel that the claims are frivolous, however, the normal conventions of civil litigation were thrown out the window, because, plaintiffs are represented by the Lawyers Committee for Civil Rights Under Law, a far-left NGO that is well funded by Soros’ Open Society Foundation and others of its ilk, who are consumed with TDS, and a seething hatred for White Working Class Christians, whom they view as President Trump’s most ardent supporters.
Zach and his wife in DC for America’s 250th Anniversary.
The D.C. Court of Appeals adopted the Professional Rescuers Doctrine in Gillespie v. Washington, 395 A.2d 18 (D.C. 1978), and has reaffirmed it in subsequent cases. The rationale is straightforward: police officers and firefighters are trained, equipped, and compensated by the public precisely to handle dangerous situations like riots, breaches, and civil unrest.
They assume those risks. Exceptions exist for truly hidden or independent acts of negligence unrelated to the emergency that necessitated the response, but the core principle protects against using civil courts to impose additional liability on citizens for events where responders were doing their sworn duty.
Defense attorneys contend that the Professional Rescuers Doctrine mandates dismissal and that plaintiffs’ counsel be sanctioned for bringing this frivolous lawsuit. The case has advanced under foreign-born Federal Judge Amit P. Mehta (an Obama appointee confirmed in 2014), who was born in Gujarat, India, a place where, for decades, Christians have been violently persecuted, attacked, and killed.
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A Fishing Expedition for Concocted Allegations That Criminal Investigations Never Found
The complaint alleges conspiracy claims under 42 U.S.C. § 1985(1) the infamous Ku Klux Klan Act, and related statutes, plus D.C. bias-related crimes and common-law torts, asserting that defendants—including President Trump, his campaign entities, Proud Boys leaders (Enrique Tarrio, Ethan Nordean, Joseph Biggs, Zachary Rehl, and others), Oath Keepers, and additional individuals—conspired to overthrow “our democracy.” It’s an absurd allegation whereby the plaintiffs alleged the President of the United States conspired with unarmed Gen-Xers to overthrow our democracy
Critically, exhaustive criminal investigations and trials conducted by the prior administration’s Department of Justice never established a direct operational conspiracy linking the Proud Boys (or similar groups) to President Trump directing or coordinating the breach in the manner alleged. Those criminal cases against Proud Boys leaders have now seen seditious conspiracy convictions vacated and dismissed with prejudice in 2026 following DOJ motions and appellate action amid broader clemency actions.
Despite this, nearly five years after the case was filed, it persists with aggressive, protracted discovery still ahead. Plaintiffs have been granted the highly unusual benefit of an open-ended discovery period without an established termination date. They have used it to serve broad and intrusive requests for production of communications, including private family communications, emails, and text messages. Further, Defendants are requesting that the court grant them permission to conduct an oral deposition of one hundred (100) persons, which is ten times the maximum limit for oral depositions permitted by the Federal Rules of Civil Procedure.
Court records show ongoing disputes, motions to compel (including attempts to obtain materials from criminal defense counsel in related matters), sanctions motions, and orders addressing discovery responses. This is classic lawfare: using civil process to conduct a fishing expedition for any tenuous link after criminal probes came up empty on the central conspiracy narrative.
Moreover, defendants’ motions for summary judgment were submitted to the court on August 24, 2024, and despite the Professional Rescuer Doctrine’s obvious prohibition of this action, as we approach the two-year anniversary, there is no indication that Judge Mehta will rule anytime soon.
TO HELP WITH THEIR LEGAL BATTLE CLICK HERE
With the 2026 midterms approaching, some observers argue this case serves a broader political function: keeping January 6 in the headlines and generating potential material that could be weaponized in campaigns or congressional oversight should Democrats regain majorities. Whether or not that is the primary driver, the effect is the same — prolonging litigation that drains resources from defendants and their counsel long after the criminal cases have largely collapsed.
Zach with his daughter in DC for America’s 250th Anniversary.
The cost extends beyond legal fees. Defense advocates report that attorneys taking these cases encounter coordinated online harassment, doxxing of clients, and professional sabotage from radical left agitators. Far-left radicals engage in targeted online campaigns against clients of the attorneys representing J6 defendants to cause these clients to terminate longstanding attorney-client relationships.
This pattern of threats and harassment is intended to deter capable counsel from representing defendants disliked on the left and punishes lawyers who prove zealous representation to unpopular clients. Justice Coney Barrett recently testified about the detrimental impact of these violent campaigns. Clients lose representation options, and attorneys lose other business as the harassment campaign chills their practices.
TO VIEW THE CASE DETAILS, CLICK HERE
The defendants—many already financially devastated by years of criminal proceedings, incarceration, and related consequences—are now facing a parallel civil track designed to drain remaining resources. Average attorneys and individual defendants are pitted against institutional plaintiffs’ counsel with foundation backing and a judicial process that has permitted expansive discovery even as the criminal foundation for the core allegations erodes.
This Is the Last Major Legal Front—And It Matters
With criminal cases largely resolved through dismissals and clemency, Smith v. Trump stands as one of the final active battlegrounds where the events of January 6 are still being litigated in earnest. Proponents of the suit frame it as accountability. Critics see a politically motivated effort to sustain a narrative useful for fundraising, media framing, and potential future political attacks—even as the underlying criminal foundation for the core allegations erodes.
The professional rescue doctrine, the absence of proven Trump-Proud Boys operational conspiracy in years of DOJ work, the endless discovery, and the personal toll that has become untethered from ordinary notions of justice and fairness.
If you believe the legal system should not be weaponized to financially destroy defendants and deter their lawyers after criminal cases have been dismissed or commuted, now is the time to act. Help sustain this critical defense [Fundraiser Link].
This is not about relitigating January 6 in the court of public opinion. It is about ensuring that the civil justice system retains some connection to precedent, proportionality, and basic fairness—especially when one side has institutional power and the other is fighting for survival. Every contribution helps keep the defense viable for the battles still ahead.
The outcome here will echo far beyond one case. It will signal whether lawfare has limits or whether the last front of January 6 becomes a model for endless civil attrition against political opponents.
Stand with the defense today. Donate and share this with others who care about equal justice under law: https://www.givesendgo.com/help-defend-against-the-j6lawfare?utm_source=share
*** The Gateway Pundit does not receive any part of the donations collected from the GiveSendGo or fundraising site for this article. We are giving these politically persecuted patriots a platform to tell their stories and help them reclaim their lives. ***
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