Proud Boys' defense plans to subpoena Trump to testify in Jan. 6 seditious conspiracy trial: report

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The members of the Proud Boys on trial for seditious conspiracy for their actions before and leading up to the Jan. 6 riot at the U.S. Capitol reportedly plan on calling former President Donald Trump to testify. 

Norm Pattis, attorney for Proud Boys member Joe Biggs, is said to have told Politico, "Donald Trump called on patriots to stop the steal. We’re calling on Donald Trump to take the stand." 

"We’re going to ask the government for assistance in serving Mr. Trump," Pattis added. 

Biggs is among four members of the Proud Boys, including former national chairman Henry "Enrique" Tarrio, on trial for the Civil War-era offense of seditious conspiracy.

JAN. 6 SEDITIOUS CONSPIRACY TRIAL AGAINST PROUD BOYS BEGINS IN DOJ'S THIRD CASE BRINGING CIVIL WAR-ERA CHARGE 

Enrique Tarrio, leader of the Proud Boys, and Joe Biggs, gather outside of Harry's bar during a protest on December 12, 2020, in Washington, DC. They and three others are on trial for seditious conspiracy over the Jan. 6 riot. (Stephanie Keith/Getty Images)

Throughout the trial, defense attorneys have suggested Trump was responsible for encouraging their clients and a crowd of others to the U.S. Capitol to disrupt the joint session of Congress certifying Joe Biden’s election victory. But Pattis’ remarks indicate the first-time defense has directly confirmed plans to subpoena Trump. 

Securing the former president’s testimony in the Proud Boys case remains a long shot. But Trump did evoke the Proud Boys by name on the September 2020 debate stage, telling the groups of self-proclaimed "Western Chauvinists" to "stand back and stand by." In a Dec. 19, 2020, tweet, Trump also urged the Proud Boys to attend his rally on Jan. 6, writing, "Be there. Will be wild." U.S. District Court Judge Tim Kelly has not indicated whether he will permit the subpoena of Trump. 

Fox News Digital reached out to Pattis’ office and Trump's team separately Wednesday but did not hear back before publication. 

Jeremy Bertino, the only former Proud Boy to plead guilty to the seditious conspiracy charge stemming from the Jan. 6 riot, is testifying against Tarrio and co-defendants Biggs, Ethan Nordean, Zachary Rehl and Dominic Pezzola. The trial is scheduled to resume Wednesday with more testimony by Bertino. 

The trial recessed Tuesday before a prosecutor began questioning Bertino about the Jan. 6 attack.

Proud Boys member Jeremy Bertino, seen attending a rally at Freedom Plaza, Dec. 12, 2020, in Washington, is testifying against Tarrio and his four lieutenants on trial for seditious conspiracy.  (AP Photo/Luis M. Alvarez, File)

After the election, Bertino said he viewed the Proud Boys as leaders of the conservative movement, a perspective fueled by his regular viewership of the Infowars website.

"I believed we were supposed to be the leaders of the country, of the right wing," Bertino said. "The tip of the spear."

Bertino is the second former Proud Boys member to testify at the trial. 

The first, Matthew Greene, testified in January that group members were growing increasingly angry about the outcome of the 2020 presidential election and were expecting a "civil war." 

Bertino pleaded guilty to seditious conspiracy in October 2022 and agreed to cooperate with the Justice Department’s investigation. He hasn't been sentenced yet. 

Attorney Steven Metcalf, representing seditious conspiracy defendant Dominic Pezzola, seen arriving at court on December 19, 2022, in Washington, DC, for jury selection. The trial resumes on Wednesday.  (Win McNamee/Getty Images)

Bertino wasn't in Washington when the Capitol riot began. He was stabbed in an altercation in downtown D.C. after a Proud Boys march on Dec. 12, 2021, and was still recovering on Jan. 6. 

The indictment in Tarrio’s case alleges that the Proud Boys held meetings and communicated over encrypted messages to plan for an attack in the days leading up to Jan. 6. On the day of the riot, Proud Boys dismantled metal barricades set up to protect the Capitol and mobilized, directed and led members of the crowd into the building, according to prosecutors.

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Tarrio wasn’t in Washington on Jan. 6, either. Police arrested him in D.C. two days before the Capitol riot and charged him with vandalizing a Black Lives Matter banner at a historic Black church during a December 2020 protest. Tarrio heeded a judge's order to leave the city after his arrest.

The Associated Press contributed to this report.