Defense team says that what prosecutors allege was an illegal conspiracy was “actually lobbying and preparation for the President to utilize” the law
The defence team in the Capitol riot trial of the Oath Keepers leader is relying on an unusual strategy with Donald Trump at the centre.
“This is an incredibly complicated defence of theory and I don’t think that it’s ever played out in this fashion in American jurisprudence,” one of Rhodes’ lawyers, James Lee Bright, told the Associated Press. If Rhodes testifies, he could face intense questioning from prosecutors, who say his own words show the Oath Keepers would act no matter what Trump did.
“If you think you are plotting to help protect the government, there is an argument that that means you don’t have the required guilty mindset that’s necessary in order to be guilty of seditious conspiracy,” he said. “The conditions would never be better. Yet, Rhodes and the others left the Capitol grounds and went to Olive Garden for dinner,” they’ve written in court papers. Rhodes never went into the Capitol and has said that the Oath Keepers who did acted on their own.
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