The ‘But The President Made Me Do It’ Defense

Keith
3 min readJan 27, 2021
The Messiah For A Revolution

An increasing number of defendants charged in the January 6th insurrection are pleading for mercy on grounds that they were just doing what the President told them to do. Consider some of the following evidentiary gems for Trump’s impeachment trial.

“I answered the call of my president.” -Indicted Insurrectionist Jenna Ryan (who flew to the event on a private plane).

“I followed the president’s instructions.” -Indicted Insurrectionist Robert Sanford (on video throwing a fire extinguisher at police).

“I was following the instructions of former President Trump and he was my president and the commander-in-chief. His statements also had me believing the election was stolen from him.” -Indicted Insurrectionist Garret Miller (who also made death threats against AOC).

“the nature and circumstances of this offense must be viewed through the lens of an event inspired by the President of the United States.” -Court filing for Emanuel Jackson, Indicted Insurrectionist charged with beating police with baseball bat.

“He regrets very, very much having not just been duped by the president but by being in a position where he allowed that duping to put him in a position to make decisions he should not have made . . . Let’s roll the tape. Let’s roll the months of lies and misrepresentations and horrific innuendo and hyperbolic speech by our president designed to inflame, enrage, motivate. What’s really curious is the reality that our president, as a matter of public record, invited these individuals, as president, to walk down to the Capitol with him.” -Lawyer for Indicted Insurrectionist Anthony Chansley (aka the “Horns Guy” and QANon “Shaman”).

I hope some of these people testify as to how they were inspired by the President at his impeachment trial.

The statute for incitement of insurrection at 18 U.S.C. § 2383 notably does not require that one intended to incite the insurrection. It requires only that one did incite. “Whoever incites . . . any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

Our Constitution is worthless if the Senate does not convict. A violent coup attempt without punishment becomes just a training exercise for the next one.

Edit & Update January 9

My client never went to Washington intending to do any harm. He never intended to end up in the Capitol. It was the directives from the person he went there to see that put him in that position. There is no doubt about that.” -Attorney for indicted rioter Christopher Grider.

Special Note: I will be adding to this list as more such quotes become available. Feel free to check back for additions as I find them.

Related Articles:

The Public Authority Defense: AKA Trump Told Me To.

My Answer To The Trump Said ‘Peaceful” Argument.

Everyone Involved In The Assault On The Capitol Is Guilty of Murder.

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Keith

Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80