As the U.S. Senate prepares for the second historic impeachment trial of former President Donald Trump on Tuesday, some of the accused protesters who took possession of the U.S. Capitol on Jan. 6 are using his words as their defense, according to courtiers.
Emanuel Jackson, who is described in court films as a “recently homeless” black man, was reportedly captured on camera using a metal ball bat to strike the police’s protective wings while protesters were breaking defenses in an attempt to stop a joint session of Congress from confirming President Joe Biden’s election victory.
Jackson’s lawyer, Brandi Harden, wrote in a filing demanding that Trump be “ridiculed” by telling them ‘we’ll stop the theft’ and ‘you will not restore our country with weakness, you must show strength, and you must be strong … unless you fight like hell you are no longer going to have a country’ ”.
Therefore, “the nature and location of this crime must be looked at through the lens of an event inspired by the President of the United States”, wrote Harden.
A judge on Jan. 22 denied the request, but Jackson is not the only accused to use this defense.
Emanuel Jackson, a 20-year-old who took part in the Capitol riot, was rejected despite the release of others.
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A Reuters account found that at least six of the 170 accused in connection with the Capitol siege have tried to shift at least some of the blame to Trump while defending themselves in court or in court public opinion.
Other defenders taking this route include Jacob Chansley, also known as Jake Angeli, the “QAnon Shaman” who wore a horned hat and face paint during the attack, and Dominic Pezzola, a member. of the right-wing Proud Boys group accused of smashing a window in the Capitol with a stolen police shield to allow rioters to enter.
Lawyers have yet to seek allegations or convictions during a trial based on the notion that Trump incited his clients, instead making the claim as part of efforts to free them from pretrial detention.
Both Pezzola and Chansley will stay behind bars before their trial dates.
Supporters of former President Donald Trump, including Jake Angeli, a QAnon supporter best known for his painted face and horny hat, will enter the U.S. Capitol on Jan. 6 , 2021, in Washington, DC [File: Saul Loeb/AFP]
No defendant will be able to evade a criminal offense by claiming they were motivated by Trump, said Jay Town, who was the top federal prosecutor in Birmingham, Alabama, during the Trump administration.
“If anything, it’s an admission of criminal behavior,” Town, now a general advisor at cybersecurity company Gray Analytics, told Reuters. “While this ineffective tactic may help with headlines, it will not help the courage of any defender.”
Trump took to the stage near the White House and urged supporters to “fight” – using the word more than 20 times. Trump told the crowd that “everyone here will be marching over to the Capitol soon”. About 50 minutes into the speech, many did.
Trump has called his speech “absolutely appropriate”.
Impeachment devices up
Trump’s lawyers in the upcoming Senate lawsuit say the former president’s astronomy did not incite violence and opposed whether the U.S. constitution allows impeachment after leaving office. Trump ended his four-year term on Jan. 20.
Trump’s lawyers have accused the nine Democrat lawmakers of so-called “impeachment managers” who would accuse him of “intellectual dishonesty and vacation truths” in his photo of Trump’s January 6 speech.
Then-US President Donald Trump talks about his first impeachment investigation at a meeting at the White House in Washington, DC, on October 2, 2019[File: Kevin Lamarque/Reuters]
A source familiar with the talks told Reuters that the trial will open with a four-hour debate followed by a vote on whether the talks are non-legislative because Trump is no longer president. The trial will then feature up to 32 hours of debate starting Wednesday at noon, the source added.
The nine Democrats who will be prosecuting hope to persuade members of the 100-seat Senate who have justly condemned Trump and barred him from holding public office again.
“The intellectual dishonesty and freedom expressed by the House Managers in their trial memorandum simply points to the point that this impeachment was never about seeking justice,” Trump’s lawyers wrote in a file in response to a summary by House prosecutors. .
Trump’s accusation is unlikely. A failed Jan. 26 appeal that brought the case against Trump on the grounds that it would be unlawful to hold a post-presidential lawsuit drawing the support of 45 of the 50 Republicans in the Senate.
To get a conviction, 17 Republicans had to join 50 Senate Democrats in the vote, a daunting hurdle.