Capitol rioter to use “Trump incited the violence” narrative in court defense

WHAT YOU NEED TO KNOW:

• Capitol rioter Emanuel Jackson has sought a legal argument that would refer to former President Donald Trump as the mind behind the violence during the January 6 Capitol siege.
• About six out of the 170 charged rioters have tried to put the blame on Trump.
• A federal prosecutor said that such narrative would mean that a defendant is admitting to the crime.

Washington’s 20-year-old rioter Emanuel Jackson is now seeking a legal defense that puts the blame on former President Donald Trump as the enabler of the Capitol violence.

During the January 6 siege, Jackson was captured on video holding a metal bat to smash the Capitol police’s protective shields as a pro-Trump mob stormed the legislative house.

As he waits for his arraignment for charges in connection to the siege, Jackson has cited Trump’s “Stop the Steal” rally as the reason for his wrongdoing.

In a court filing dated January 22, Jackson’s attorney Brandi Harden said that “the nature and circumstances of this offense must be viewed through the lens of an event inspired by the President of the United States.”

The Capitol violence “appears to have been spontaneous and sparked by the statements made during the ‘Stop the Steal’ rally,” Harden added, as he also argued that his client should be released in jail while they wait on trial. The seating judge, however, denied their request.

Out of the 170 rioters charged with federal crimes, six people have attempted to divert the blame to the former president in a bid to shield themselves in court.

Accused individuals who took this plan include Jacob Chansley, the rioter who wore a fur hut with thorns and face paint, and Dominic Pezzola, a member of right-wing extremist group Proud Boys, who is charged with damaging federal property for smashing a window using a police shield.

Speaking to Reuters, Pezzola’s attorney Michael Scibetta said: “The boss of the country said, ‘People of the country, come on down, let people know what you think… The logical thinking was, ‘He invited us down.’”

According to former Birmingham, Alabama federal prosecutor Jay Town, even though defendants claim that the riot was indeed incited by the former president, they cannot escape their criminal acts.

No defense lawyers have asked for a charge dismissal or acquittal on the merits that Trump instilled the misconduct to their clients but as an effort to bypass pretrial custody.

“If anything, it is an admission to criminal conduct. While this ineffective tactic may help with headlines, it will not help the fate of any defendant,”  Town added.

During the January 6 rally, Trump told his supporters to “fight like hell” and “we will not take it anymore,” citing the election results.

The former president specifically mentioned the word ‘fight’ 20 times. He continuously and erroneously claimed massive voter fraud and asked the crowd to march to the Capitol and contest the results’ certification of President Joe Biden.

The riot resulted in five deaths which include one Capitol police officer.

Source: AOL.com