There's a defense called the “public authority” defense.
The defense would argue that Trump gave them permission to do what they did and they reasonably relied on his authority as president.
The defining case is United States v. Tallmadge.
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The defense would argue that Trump gave them permission to do what they did and they reasonably relied on his authority as president.
The defining case is United States v. Tallmadge.
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https://twitter.com/JoyceWhiteVance/status/1482092199747727361
Of course, this gets Trump into big trouble.
It also doesn't let these guys off the hook but depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.
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It also doesn't let these guys off the hook but depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.
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Mark @reichellaw and I wrote about this for the Washington Post. washingtonpost.com/outlook/2021/0………
Will it work?
Unlikely with not with these guys and these facts, but that doesn't mean they won't try.
I'd be surprised if we don't see this defense at some point.
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Will it work?
Unlikely with not with these guys and these facts, but that doesn't mean they won't try.
I'd be surprised if we don't see this defense at some point.
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The public authority defense is dfferent.
In Tallmadge, a federally licensed gun dealer told the defendant that his circumstances fit into an exception to the prohibition against felons owning firearms . . .
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https://twitter.com/Abberadon/status/1482098652168572930
In Tallmadge, a federally licensed gun dealer told the defendant that his circumstances fit into an exception to the prohibition against felons owning firearms . . .
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The defendant relied on the dealer’s word. The court found that licensed firearm dealers are federal agents for gathering and dispensing information about the purchase of firearms and it was reasonable for the defendant to rely on his word.
The key is "reasonable."
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The key is "reasonable."
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That's the problem these guys convicted of seditious conspiracy will have: It wasn't at all reasonable to think what they were doing was actually legal.
But other defendants with other facts might be able to persuade a court . . .
(The reality is that most defenses fail😆)
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But other defendants with other facts might be able to persuade a court . . .
(The reality is that most defenses fail😆)
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