The most important Jan. 6 case to date is before a jury in Washington, D.C. The case is against leaders of Oathkeepers accused of inciting a conspiracy to try to overthrow the government as part of a coordinated plan. Now, the Associated Press reports that the defendants’ plan was to put Trump in a bizarre and highly dangerous defense.
from Associated Press:
In the capitol riot trial, the defense team of the Oath Keepers leader is relying on an unusual strategy centered on Donald Trump. Lawyers for extremist group founder Stuart Rhodes are set to argue that a jury cannot find him guilty of seditious conspiracy because all of his actions leading up to the Jan. 6, 2021 siege were for him since then Prepare for the expected order — the President — order that never came.
correct. Unless that’s not defense. Because if “the order never came”, what are they doing to try to overthrow the government?
Rhodes intends to come forward and argue that he believes Trump will invoke the Insurrection Act to summon militias to support him, his lawyers said. Trump did not do so, but Rhodes’ team said what prosecutors called an illegal conspiracy “actually lobbied and prepared the president to exploit” the law. It was a novel legal argument in the trial, one of the worst in the Capitol attack.
correct. Except it’s still not a defense, it’s probably “fiction”. “Actually lobbying and preparing for the president to use the law” doesn’t get you a freebie when trying to overthrow the government.
So a miracle. Rhodes will take a stand. Rhodes will talk about “anticipated orders.” Is Rhodes going to subvert the trial and the state by pointing the finger at Trump and saying, “He communicated with us…” because that really sounds like a defense they really want to use and just go around it Dance. They will never signal a defense ahead of time, and Trump will lash out, vowing that the Guardians themselves may be targeted. But with the outcome of the trial ten to twenty years away, perhaps Rhodes is ready to lift the veil on it all. maybe not. But wow, the stars definitely do that for him.
Even if Trump does order them to do so, it’s still not a defense. But that could easily be a factor in sentencing.
@JasonMiciak believes a day without learning is a day without life. He is a political writer, feature writer, author and lawyer. A dual Canadian-born citizen, he spent his teenage and college years in the Pacific Northwest and has since lived in seven states. He now enjoys the life of a single father to a young girl, writing on the beaches of the Gulf Coast. He enjoys making pots, cooking and is currently researching the philosophy of science, religion and non-mathematical principles behind quantum mechanics and cosmology. Please feel free to get in touch for a presentation or any concerns.