Lawyers for Chrestman pointed to several Supreme Court cases that they said indicated that guidance from government officials can sometimes be a defense against criminal charges. They said Trump’s encouragement amounted to that kind of all-clear for those who forced their way into the Capitol during the counting of Electoral College votes on Jan. 6.
“Only someone who thought they had an official endorsement would even attempt such a thing. And a Proud Boy who had been paying attention would very much believe he did,” Chrestman’s lawyers, Kirk Redmond and Chekasha Ramsey, wrote in a court filing last week.
The defense attorneys also cited Senate Minority Leader Mitch McConnell’s statement following Trump’s impeachment trial that those who besieged the Capitol “believed they were acting on the wishes and instructions of their President.”
Howell called the defense argument “quite interesting,” but it quickly became clear she was deeply skeptical of its legal…
— to www.politico.com