excalibur
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- Mar 19, 2015
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As everyone with a brain knows, President Trump had nothing to do with any rioting that occurred o January 6. Now the Biden DoJ admits it in court.
Prosecutors are asking a judge to bar a Capitol rioter from arguing that former President Donald Trump authorized him to attack the Capitol on January 6.
Aaron Mostofsky, the son of a New York City judge, was photographed inside the Capitol wearing fur pelts, what appeared to be a police officer's bullet-proof vest and carrying a police officers' riot shield. Mostofsky's trial is set to begin in January and prosecutors are hoping to block him from using the "blame Trump" defense to persuade jurors of his innocence.
On Monday, prosecutors asked Judge James Boasberg to block Mostofsky from arguing he's a victim of entrapment-by-estoppel because of comments Trump made leading up to the riot. To win the claim, a defendant must prove the government actively misled him and that the defendant reasonably relied on the government official's "misleading pronouncement" when committing the crime.
None of which, prosecutors argued, Mostofsky can successfully prove.
"The defendant will be unable to identify any remarks made by former President Trump that authorized that illegal conduct," prosecutors wrote. "Nor can there be any reasonable claim that President Trump intended to or actually authorized the defendant's particular criminal conduct.
...
Prosecutors are asking a judge to bar a Capitol rioter from arguing that former President Donald Trump authorized him to attack the Capitol on January 6.
Aaron Mostofsky, the son of a New York City judge, was photographed inside the Capitol wearing fur pelts, what appeared to be a police officer's bullet-proof vest and carrying a police officers' riot shield. Mostofsky's trial is set to begin in January and prosecutors are hoping to block him from using the "blame Trump" defense to persuade jurors of his innocence.
On Monday, prosecutors asked Judge James Boasberg to block Mostofsky from arguing he's a victim of entrapment-by-estoppel because of comments Trump made leading up to the riot. To win the claim, a defendant must prove the government actively misled him and that the defendant reasonably relied on the government official's "misleading pronouncement" when committing the crime.
None of which, prosecutors argued, Mostofsky can successfully prove.
"The defendant will be unable to identify any remarks made by former President Trump that authorized that illegal conduct," prosecutors wrote. "Nor can there be any reasonable claim that President Trump intended to or actually authorized the defendant's particular criminal conduct.
...
Capitol Rioters Can't Argue Trump Authorized Jan 6 Attack: Prosecutors
Prosecutors are asking a judge to bar a Capitol riot defendant from using the "blame Trump" defense in his trial, which is set to begin in January.
www.newsweek.com