A federal judge said this week in a ruling that former president Donald Trump clearly encouraged his followers to break the law on January 6, 2021 when he urged them to march on the U.S. Capitol, which led to an insurrection and rioting that left five people — including a police officer — dead.
Citing the recent report from the House Select Committee investigating Jan. 6, U.S. District Court Judge John Bates used their findings to knock down a rioter’s defense that Trump had given him “legal permission” to attack and enter the Capitol, according to Politico.
Bates cited the select committee’s report and criminal referrals to swat down a Jan. 6 defendant’s claim that he believed Trump had authorized him and other rioters to enter the Capitol when he urged the crowd to march down Pennsylvania Avenue.
Bates, an appointee of President George W. Bush, ruled that defendant Alexander Sheppard should be prohibited from making the “public authority” defense because there’s simply no evidence Trump told his followers that entering the restricted grounds of the Capitol on Jan. 6, 2021, was legal. In fact, his incendiary rhetoric — especially telling his supporters to “fight like hell” — may suggest Trump was asking them to break the law, Bates said.
His words “could signal to protesters that entering the Capitol and stopping the certification would be unlawful,” Bates found.
Bates’ ruling also supports the committee’s finding that Trump committed at least four crimes with his attempts to overturn the results of the 2020 presidential election. The committee has referred Trump to the Justice Department on charges of obstructing an official proceeding, conspiracy to defraud the government, making false statements to the federal government, and inciting or assisting an insurrection.
Many of the Jan. 6 defendants have tried to argue that Trump gave them the legal right to attack the Capitol with his remarks prior to the rioting. Those defenses have repeatedly been unsuccessful, as courts have ruled that grown men and women are supposed to know that they don’t have any legal permission to engage in a violent uprising against the government, no matter what any public official tells them.
Ironically, Judge Bates noted in his ruling that Trump’s words on Jan. 6 did quite the opposite of providing legal protection from being charged with crimes:
“Thus, the conclusions reached here — that even if protesters believed they were following orders, they were not misled about the legality of their actions … is consistent with the Select Committee’s findings.”
