'It sounds the same': Federal judge cites Trump's January 6 speech as example of terrorism

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Former President Donald Trump on January 6, 2021 (Image: Screengrab via Washington Post / YouTube)

One federal judge presiding over a case involving a man convicted on terrorism charges recently pointed out that President Donald Trump's speech on January 6, 2021 was remarkably similar to the circumstances surrounding a federal terrorism defendant.

Politico reported Friday that a judge on the 4th Circuit Court of Appeals brought up Trump's speech on the Ellipse in Washington D.C. as an example of incitement of terrorism. The court was hearing an appeal of Ali Al-Timimi, who was convicted in 2005 as part of the "Virginia Jihad" plot.

Department of Justice prosecutor Gordon Kromberg was defending the government's prosecution of Al-Timimi, who was arrested and charged after convincing a group of men to travel to Pakistan to defend the Taliban in Afghanistan in the wake of the September 11, 2001 terror attacks. U.S. Circuit Judge Stephanie Thacker (an appointee of former President Barack Obama) argued to Kromberg that Al-Timimi's crime sounded similar to Trump's actions on January 6th.

"What if a large group of people, angry at Congress, gathered on the Washington Mall, some of whom have firearms, and are known to have firearms, and a leader stood in front of them, here, right in front of them, not in another country, and said, ‘Go down the street and fight like hell. I’ll be there with you," Thacker asked Kromberg.

Kromberg notably stayed away from expressing an opinion on whether Trump's speech was equivalent to terrorism, but argued that Al-Timimi making efforts to keep proceedings secret implied knowledge that he knew he was committing a crime.

"I take no position on what happens when a public speaker speaks on television to the world, as opposed to someone who knows that he’s doing something illegal, because he says, ‘Turn off the phones, close the shades,’" Kromberg said.

"To me, it sounds the same. So, if what you’re advocating is a crime, then what I just said is a crime — may be a crime," Thacker said.

Click here to read Politico's full report.

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