"Trump said I could": One possible legal defense for accused rioters

Here’s how it works. Suppose the chief of police in a town told you that you could ignore a “no parking” sign and park in an otherwise forbidden place. Suppose also that you relied on his word and parked in that place. Then, later, suppose a police officer handed you a parking ticket.

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You’d have a defense. Specifically, you could point your finger at the authority figure who invited you to commit the illegal act. The spotlight then turns to the authority figure: Did the chief of police have the authority to waive the parking restriction? If not, was it reasonable for you to believe that he did? Did you have reason to know that you shouldn’t park there, even if he told you that you should?

Each day, more evidence emerges that Trump and other elected officials instigated this riot. The rioters were lured to Washington with Trump’s promise that the day would “be wild.” At the rally, Rudy Giuliani – Trump’s lawyer and close adviser – called for “trial by combat.” Rep. Mo Brooks, R-Ala., told the crowd to “take names and kick ass.” Trump told the crowd, “When you catch somebody in a fraud, you’re allowed to go by very different rules.”

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