‘He invited us’: Accused rioters on Capitol Hill accuse Trump in new legal defense

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(Reuters) – Emanuel Jackson, a 20-year-old Washington-area man, was caught on camera using a metal bat to hit protective shields wielded by police officers as they tried to repel rioters storming the United States Capitol on January 6.

US President Donald Trump speaks at a rally to challenge the certification of the results of the 2020 US presidential election by the US Congress, in Washington, United States, January 6, 2021. REUTERS / Jim Bourg

Jackson, awaiting trial in federal court on assault charges, is now adopting a new legal defense: seeking to blame Donald Trump, citing the former president’s remarks at a Stop the Steal rally shortly before the siege from the Capitol.

Trump told the crowd to fight like hell, said we couldn’t take it anymore, and repeated his false claims that the election was stolen from him through widespread electoral fraud. Trump urged his supporters to visit Capitol Hill. The ensuing rampage interrupted Congress ‘certification of President Joe Bidens’ electoral victory, sent lawmakers underground and left five people dead, including a police officer.

Jackson’s attorney, Brandi Harden, wrote in a Jan. 22 court filing that the nature and circumstances of this offense must be viewed through the prism of an event inspired by the President of the United States.

The Capitol siege, Harden added, appears to have been spontaneous and sparked by statements made at the Stop the Steal rally. Harden argued that Jackson should be released pending trial. On January 22, a judge rejected the request.

At least six of the 170 people indicted in connection with the siege on Capitol Hill have tried to blame at least some of the blame on Trump as they defend themselves in the courts or the court of public opinion.

Other defendants to take this route include Jacob Chansley, who donned a horned headdress and face paint during the attack, and Dominic Pezzola, a member of the right-wing extremist group Proud Boys who is accused of smashing a window. from the Capitol with a police shield robbery so that rioters can enter.

The country’s boss said: “Peoples of the country, get off, let people know what you think,” Pezzolas defense attorney Michael Scibetta told Reuters. The logical thought was, He invited us down.

Lawyers have yet to request a dismissal of the charges or an acquittal in a trial based on the belief that Trump instigated their clients, instead making the request as part of efforts to spare them from the custody.

No accused will be able to avoid criminal guilt by claiming he was instigated by Trump, said Jay Town, who served as the top federal prosecutor in Birmingham, Alabama, during the Trump administration.

On the contrary, it is an admission of criminal conduct, said Town, now general counsel for cybersecurity firm Gray Analytics. While this ineffective tactic may help grab headlines, it won’t help the fate of an accused.

Trump took to a stage near the White House and urged his supporters to fight back – using the word more than 20 times. Trump told the crowd that everyone here will be heading to Capitol Hill soon. About 50 minutes into the speech, many of them did.

Trump adviser Jason Miller did not immediately respond to a request for comment on the legal strategy of blaming the former president. Trump called his speech totally appropriate.

IMPEACHMENT TRIAL

The Democratic-led House of Representatives voted to impeach Trump for inciting insurgency stemming from his Jan.6 speech. He faces an impeachment trial next week in the Senate.

Enough of his Republican colleagues in the Senate have voiced their opposition to impeachment to indicate that the chamber will almost certainly not have the two-thirds majority needed to convict him. Democrats hope to use the lawsuit to disqualify him from future public office.

Lori Ulrich, a defense lawyer in Pennsylvania, said her client Riley June Williams was motivated by Trump’s remarks. Williams, 22, is accused of stealing a laptop computer from the office of House Speaker Nancy Pelosis during the siege.

It is unfortunate that Ms Williams took a bite of the president’s hook and made her way inside the Capitol, Ulrich told a judge during a court hearing on Jan.21 as she argued against the detention of Williams as his business progressed. The judge freed Williams from house arrest.

Some legal experts have said Trump’s defense could make it more difficult for the defendants if they ultimately plead guilty in the hope of securing a lesser sentence. Town noted that federal judges require defendants who plead guilty to accept full responsibility for their conduct.

Scibetta recognized the limits of the effectiveness of blaming Trump.

It would be unwise to put all your eggs in that basket, Scibetta said.

But Scibetta said Trump’s speech helps explain how people were swept up in the riot.

These were people acting in a way they had never acted before, Scibetta said, and it begs the question: who lit the fuse?

Reporting by Jan Wolfe; Additional reporting by Sarah N. Lynch; Editing by Will Dunham and Noeleen Walder

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