This would be fascinating if MAGA rioter Dustin Thompson was charged with the right crime. This story comes from nothing more than a Tweet from Politico’s Kyle Cheney and it doesn’t shed any light on the underlying charge that Thompson faces.

Thompson wants to call  Trump, Giuliani, and Bannon, as well as attorneys, including John Eastman, Sidney Powell, and Lin Wood as witnesses in his upcoming criminal trial involving January 6th.

Generally speaking, criminal defendants get to subpoena any witness that they would like, provided that witness has evidence relevant to his or her defense. If Thompson is charged with assaulting a police officer (as a primary charge) then there is nothing Trump or any of the people above could provide in terms of helpful evidence. You do not beat up police officers no matter who says what.

But if he was charged with trespassing or obstructing Congress, it is conceivable (but still highly unlikely) that he could tell the judge that he needs Trump, there to admit that he told the crowd to go up there (gave them presidential permission?) and that how could it be a crime if he was just doing what the president said to do?… It probably still wouldn’t be found relevant to his crime.

Thompson also seems to understand that he’d have trouble serving these people with subpoenas, so he is asking the judge to have the U.S. Marshalls serve them. It would be interesting if the judge wanted to hear from Trump.

“Considering the significant roles these witnesses play in the legal and political communities, and the evasiveness that some have historically shown in the face of court orders, Defendant submits that appointment of the U.S. Marshals Service is necessary in order to effectuate his right to compulsory process and ensure that the same is accomplished expeditiously.”

A Jan. 6 defendant, Dustin Thompson, is asking a court to appoint US marshals to help him subpoena Trump, Rudy, Bannon et al pic.twitter.com/VT5GynDegS

— Kyle Cheney (@kyledcheney) January 7, 2022

There is likely less than a 10% chance that this will be granted. It is sort of amazing that this is the first we’ve heard of anyone to call any of these people.

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