Capitol riot defendant blames actions on Trump and false election claims
Lawyer for man charged with stealing a coat rack from the Capitol has vowed to show Trump abused his power to ‘authorize’ attack
Mentions of Donald Trump have been rare at the first few trials for people charged with storming the US Capitol, but that has changed: the latest Capitol riot defendant to go on trial is blaming his actions on the former president and his false claims about a stolen election.
Dustin Byron Thompson, an Ohio man charged with stealing a coat rack from the Capitol, doesn’t deny that he joined the mob on 6 January 2021. But his lawyer vowed Tuesday to show that Trump abused his power to “authorize” the attack.
Describing Trump as a man without scruples or integrity, defense attorney Samuel Shamansky said the former president engaged in a “sinister” plot to encourage Thompson and other supporters to “do his dirty work”.
“It’s Donald Trump himself spewing the lies and using his position to authorize this assault,” Shamansky told jurors Tuesday during the trial’s opening statements.Justice department prosecutor Jennifer Rozzoni said Thompson knew he was breaking the law that day.
“He chose to be a part of the mayhem and chaos,” she said.
Thompson’s lawyer sought subpoenas to call Trump and Rudolph Giuliani as witnesses at his trial this week. A judge rejected that request but ruled that jurors can hear recordings of speeches that Trump and Giuliani delivered at a rally before the riot.
Thompson’s jury trial is the third among hundreds of Capitol riot prosecutions. The first two ended with jurors convicting both defendants on all counts with which they were charged.
In a February court filing, Shamansky said he wanted to argue at trial that Thompson was acting at the direction of Trump and “his various conspirators.” The lawyer asked to subpoena others from Trump’s inner circle, including former White House strategist Steve Bannon, former White House senior adviser Stephen Miller and former Trump lawyers John Eastman and Sidney Powell.
Prosecutors said Thompson can’t show that Trump or Giuliani had the authority to “empower” him to break the law. They also noted that video of the rally speeches “perfectly captures” the tone, delivery and context of the statements to the extent they are “marginally relevant” to proof of Thompson’s intent on 6 January.
Thompson’s lawyer argued that Trump would testify that he and others “orchestrated a carefully crafted plot to call into question the integrity of the 2020 presidential election”. Shamansky claimed that Giuliani incited rioters by encouraging them to engage in “trial by combat” and that Trump provoked the mob by saying that “if you don’t fight like hell, you’re not going to have a country anymore”.
Shamansky said Thompson, who lost his job during the pandemic, became an avid consumer of the conspiracy theories and lies about a stolen election.“This is the garbage that Dustin Thompson is listening to day after day after day,” Shamansky said. “He goes down this rabbit hole. He listens to this echo chamber. And he acts accordingly.”
US district Judge Reggie Walton ruled in March that any in-person testimony by Trump or Giuliani could confuse and mislead jurors.
More than 770 people have been charged with federal crimes arising from 6 January. Over 250 of them have pleaded guilty, mostly to misdemeanors. Thompson is the fifth person to be tried on riot-related charges.
Thompson has a co-defendant, Robert Lyon, who pleaded guilty to riot-related charges in March.
Thompson, then 36, and Lyon, then 27, drove from Columbus, Ohio, to Silver Spring, Maryland, stayed overnight at a hotel and then took an Uber ride into Washington DC on the morning of 6 January. After Donald Trump’s speech, Thompson and Lyon headed over to the Capitol.
Thompson was wearing a Trump 2020 winter hat and a bulletproof vest when he entered the Capitol and went to the Senate Parliamentarian’s Office, where he stole two bottles of liquor and a coat rack worth up to $500, according to prosecutors.
Thompson is charged with six counts: obstructing Congress’ joint session to certify the electoral college vote, theft of government property, entering or remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, disorderly or disruptive conduct in a Capitol building, and parading, demonstrating or picketing in a Capitol building.
Lyon pleaded guilty to theft of government property and disorderly conduct. Both counts are misdemeanors punishable by a maximum of one year imprisonment. Walton is scheduled to sentence Lyon on 3 June.
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Source: Elections - theguardian.com