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The “Trump-made-me-do-it” defense already looks like a long shot.
Faced with overwhelming evidence during the deadly siege on Capitol Hill last month – including social media posts showing their actions – the rioters argue in court that they were following the instructions of then-President Donald Trump on January 6. But the legal strategy has already been shot down by at least one judge, and experts believe the argument won’t get anyone out of the woods. uprising in which five people died, including a policeman.
“This so-called defense, if recognized, would undermine the rule of law because then, just like a king or a dictator, the president could dictate what is illegal and what is not in this country. US District Judge Beryl Howell recently said. pre-trial detention of William Chrestman, a suspected member of the Kansas City area section of the Proud Boys. “And that’s not how we operate here.”
Chrestman’s lawyers argued in court documents that Trump gave the crowd “explicit permission and encouragement” to do what they did, offering those who obeyed “a viable defense against criminal liability “.
“It is a staggering thing to imagine storming the United States Capitol with sticks, flags and bear bombs, against highly trained and armed law enforcement. Only someone who thought they had official approval could even attempt such a thing. And a Proud Boy who had paid attention would really believe it, ”Chrestman’s lawyers wrote.
Trump was acquitted of inciting insurgency in his second impeachment trial, where Democrats made some of the same arguments defense lawyers make in criminal court. Some Republican lawmakers have said the best place for accusations against Trump is also the courthouse.
Meanwhile, prosecutors have laid charges against more than 250 people so far in the attack, including conspiracy, assault, civil unrest and obstruction of formal process. Authorities have suggested that rare charges of sedition may be brought against some. Hundreds of Trump supporters have been photographed and filmed storming the Capitol and scores posted selfies inside the building on social media so they can’t exactly claim in court that they weren’t there. Blaming Trump may be the best defense they have.
“What’s the best argument when you’re on videotape prancing around the Capitol with a coat rack in your hand?” said Sam Shamansky, who represents Dustin Thompson, an Ohio man accused of stealing a coat rack during the riot.
Shamansky said his client would never have been on Capitol Hill on January 6 if Trump had not “summoned him there.” Trump, he added, engaged in a “devious but effective plot to brainwash” supporters into believing the election was stolen, placing them in a position where they “felt the need. to defend their country at the request of the commander-in-chief ”.
“I think it’s going perfectly,” he said of the defense. “The more nuanced question is: who is going to buy it? What kind of jury do you need to figure this out? ”
Although experts say blaming Trump may not deter their clients, it can help determine the sentence when they ask the judge for leniency.
“It could probably be seen as a mitigating factor that this person really believed he was simply following the instructions of the leader of the United States,” said Barbara McQuade, a former American lawyer from Michigan who is now a professor at the law school of the United States. ‘University of Michigan. .
It could also strengthen possible lawsuits against the former president, experts say.
“This defense is dead on arrival,” said Bradley Simon, a white-collar New York criminal defense attorney and former federal prosecutor. “But I think these statements by the defendants that they were led by Trump cause him a problem if the Justice Department or the Washington Attorney General begins to look into charges against him for inciting insurgency.
While the legal bar is high for suing Trump during siege on Capitol Hill, former president is already facing trial from Democratic Rep. Bennie Thompson who accuses him of conspiring with extremist groups to prevent Congress from certifying election results. And other lawsuits could arise.
Trump has been spreading baseless election claims for weeks and addressing thousands of supporters at a rally near the White House before the Capitol riot, telling them they had gathered in Washington “to save our democracy”. Trump later said, “I know everyone here will be heading to the Capitol Building soon to have your voice heard peacefully and patriotically.”
A lawyer for Jacob Chansley, the shirtless man who wore face paint and a hat with horns inside the Capitol, attached a highlighted transcript of Trump’s pre-riot speech to a court file calling for Chansley’s release . Defense attorney Albert Watkins said the federal government is sending a “disturbing and frightening message” that Americans will be prosecuted “if they do what the president asks them to do.”
Defense lawyers have used other strategies with no more success. In one case, the judge characterized defense counsel’s portrayal of riots as simple intrusion or civil disobedience both “unconvincing and detached from reality.” In another, a judge dismissed a man’s claim that he was “duped” into joining the anti-government group Oath Keepers and participating in the attack on the Capitol.
Other defendants linked to militant groups have also tried to blame Trump for seeking their provisional release from prison. A lawyer for Jessica Watkins said the Oath Keepers member believed local militias would be called into action if Trump invoked the insurgency law to stay in power. Watkins disowned the keepers of the oath in a hearing Friday, saying she was “appalled” by fellow far-right militia members.
“Even if they were wrong, her intentions were by no means related to an intention to overthrow the government, but to support what she believed to be the legal government,” her lawyer wrote.
Meanwhile, a lawyer from Dominic Pezzola, another alleged Proud Boy, said he “acted under the mistaken belief that he was a ‘patriot’ protecting his country.” Defense attorney Jonathan Zucker described Pezzola as “one of the millions of Americans who have been misled by the president’s deception.”
“Many of those who heeded his call will spend substantial portions if not the rest of their lives in prison,” he wrote. “Meanwhile, Donald Trump is resuming his life of luxury and privilege.”
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