Mr. Chansley pleaded guilty in September to a single felony count of obstructing an official proceeding before Congress. In court on Wednesday, Mr. Watkins argued for leniency on his behalf saying, among other things, that he had lived for several years with mental illness. After an evaluation, Judge Lamberth found Mr. Chansley competent enough to proceed with his case.
Understand the Claim of Executive Privilege in the Jan. 6. Inquiry
Card 1 of 8A key issue yet untested. Donald Trump’s power as former president to keep information from his White House secret has become a central issue in the House’s investigation of the Jan. 6 Capitol riot. Amid an attempt by Mr. Trump to keep personal records secret and the indictment of Stephen K. Bannon for contempt of Congress, here’s a breakdown of executive privilege:
What is executive privilege? It is a power claimed by presidents under the Constitution to prevent the other two branches of government from gaining access to certain internal executive branch information, especially confidential communications involving the president or among his top aides.
What is Trump’s claim? Former President Trump has filed a lawsuit seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 Capitol riot. He argues that these matters must remain a secret as a matter of executive privilege.
Is Trump’s privilege claim valid? The constitutional line between a president’s secrecy powers and Congress’s investigative authority is hazy. Though a judge rejected Mr. Trump’s bid to keep his papers secret, it is likely that the case will ultimately be resolved by the Supreme Court.
Is executive privilege an absolute power? No. Even a legitimate claim of executive privilege may not always prevail in court. During the Watergate scandal in 1974, the Supreme Court upheld an order requiring President Richard M. Nixon to turn over his Oval Office tapes.
May ex-presidents invoke executive privilege? Yes, but courts may view their claims with less deference than those of current presidents. In 1977, the Supreme Court said Nixon could make a claim of executive privilege even though he was out of office, though the court ultimately ruled against him in the case.
Is Steve Bannon covered by executive privilege? This is unclear. Mr. Bannon’s case could raise the novel legal question of whether or how far a claim of executive privilege may extend to communications between a president and an informal adviser outside of the government.
What is contempt of Congress? It is a sanction imposed on people who defy congressional subpoenas. Congress can refer contempt citations to the Justice Department and ask for criminal charges. Mr. Bannon has been indicted on contempt charges for refusing to comply with a subpoena that seeks documents and testimony.
The government had recommended that he be sentenced to 51 months in prison, saying that long before Jan. 6, Mr. Chansley encouraged his large social media following to “identify traitors in our government” and to “stop the steal” — a reference to Mr. Trump’s repeated lies that the 2020 election was marred by fraud.
Two weeks after the presidential race ended, Mr. Chansley was already promoting violence online, prosecutors say, posting a message that read, “We shall have no real hope to survive the enemies arrayed against us until we hang the traitors lurking among us.”
On Jan. 6, the government says, Mr. Chansley was among the first 30 rioters to enter the Capitol and quickly used a bullhorn to “rile up the crowd and demand that lawmakers be brought out.” Within an hour, he had made it to the Senate floor, taking the seat that Vice President Mike Pence had only just evacuated and leaving a note on the dais saying, “It’s Only A Matter of Time. Justice Is Coming!”
In the days after the attack, Mr. Chansley gave an interview to NBC News in which he said he considered Jan. 6 “a win.” He also told the F.B.I. that he believed Mr. Pence was “a child trafficking traitor” and that the U.S. government was tyrannical, prosecutors say.
After Mr. Chansley’s lengthy speech to the court, Judge Lamberth thanked him, saying the comments were among the most remarkable he had heard in 34 years on the bench. But the judge then told Mr. Chansley that he would still have to serve time in prison.
“What you did is terrible,” he said.