The most important January 6th case to date is now being tried before a jury in Washington, DC. The lawsuit is against the leaders of the Orth Keepers, who have been charged with a seditious conspiracy to overthrow the government as part of a coordinated plot. Now the AP reports that the defendant’s plan is to put Trump front and center in a bizarre and very dangerous (to Trump and sworn defenders) defense.
The Capitol Riot Trial defense team for the leader of the Oath Keepers has resorted to an unusual strategy centered around Donald Trump. A lawyer for extremist group founder Stewart Rose said all his actions before the January 6, 2021 siege were preparations for orders he had anticipated from the time. A jury stands poised to argue that he cannot be found guilty of a sedition conspiracy. -President — an order that never came.
right. Except it’s not a defense. What were they doing to overthrow the government if “the order never came”?
Rose plans to stand up to argue he believes Trump is trying to invoke the Insurrection Act to call in militia to assist him, his lawyer said. Although they did not, Rose’s team said what prosecutors have claimed was an illegal conspiracy was “actually lobbying and preparation for the president to use the law.” Yes. This is a novel legal claim in one of the most serious cases to come out of the Capitol attack.
right. However, it may still not be defensive, “novel”. “Really lobbying and preparing the president to use the law” is not a freebie when trying to overthrow the government.
So it makes me wonder. Rhodes intends to take the stand. Rhodes talks about “expected orders”. Is Rhodes going to flip the trial and the country by pointing the finger at Trump and saying, “He contacted us…”? They never telegraph that defense up front, Trump is furious, and Oathkeeper himself could be targeted. But with it taking him 10 to 20 years on how the trial will play out, perhaps Rhodes is ready to blow all the lids off. Probably not. But wow, the stars are certainly aligned for him to do so.
And even if Trump orders them to do so, it’s still not a defense.
@JasonMiciak believes that a day without learning is a day without life. He is a political writer, featuring authors, writers and lawyers. A Canadian-born dual citizen, he spent his teens and his college years in the Pacific Northwest and has lived in seven states since. He now enjoys life as a father to young girls while writing from a Gulf beach. He loves making flowerpots, cooking, and is currently researching the science, religion, and philosophy of non-mathematical principles behind quantum mechanics and cosmology. Please feel free to contact us with any questions or requests for lectures.