Donald Trump's Lawyer Admits Jan. 6 Was a 'Criminal, Shameful' Riot

Former President Donald Trump's attorney, Jonathan Mitchell, admitted that January 6 was a "shameful, criminal" riot when questioned by Supreme Court Justice Ketanji Brown Jackson Thursday morning.

The Colorado Supreme Court ruled last year that Trump's alleged role in the 2021 riot at the U.S. Capitol—when a group of his supporters violently protested the 2020 election results in an alleged effort to block President Joe Biden's Electoral College victory—constituted a violation of Section 3 of the 14th Amendment and that he should therefore not appear on the state's Republican primary ballot.

On Thursday, the United States Supreme Court heard arguments into this case, with Mitchell arguing Colorado does not have the authority to remove Trump from the ballot. During the questioning, Jackson pressed Mitchell about whether January 6 qualified as an insurrection.

"This was a riot. It was not an insurrection. The events were shameful, criminal, violent all of those things but did not qualify as an insurrection as that term is used in Section 3," Mitchell responded.

He did not say Trump shared any responsibility for the riot.

Trump is facing a separate federal trial into his alleged efforts to overturn the results of the 2020 presidential election, which he has said was stolen despite a lack of evidence to back up that claim. He has pleaded not guilty to all charges and denies any wrongdoing.

Newsweek reached out to Trump's campaign for comment via email.

Mitchell's rebuke of the riot is stronger than Trump has gone. During a 2023 CNN town hall, the former president described January 6 as a "beautiful day."

"And that was because they thought the election was rigged. And they were there proud. They were there with love in their heart. That was an unbelievable—and it was a beautiful day. And what I was asked to do – I wasn't involved in it very much. I was asked to come in. Would I make a speech?" he said.

Trump told Fox News in 2021 that those who participated in the riot were "peaceful" and "great people."

Mitchell's comments came at the end of his argument before the Supreme Court justices. His arguments largely centered around whether Section 3 is self-executing, or whether Congress would need to pass a law for it to go into effect, as well as whether it applies to the office of the president.

Jackson, however, asked him to clarify his position about whether January 6 was an insurrection.

"What we said in our opening brief was President Trump did not engage in any act that can plausibly be classified as insurrection," Mitchell said. He argued that an insurrection needs to be an "organized, concerted effort to overthrow the government of the United States through violence and that none of those criteria were met.

Update 2/8/24, 1:11 p.m. ET: This article was updated with additional information and to note that Newsweek reached out to Trump's campaign for comment.