Headline: Politico, 12/28/2022
Bates, an appointee of President George W. Bush, ruled that defendant Alexander Sheppard should be prohibited from making the “public authority” defense because there’s simply no evidence Trump told his followers that entering the restricted grounds of the Capitol on Jan. 6, 2021, was legal. In fact, his incendiary rhetoric — especially telling his supporters to “fight like hell” — may suggest Trump was asking them to break the law, Bates said.
His words “could signal to protesters that entering the Capitol and stopping the certification would be unlawful,” Bates found.
Bates’ ruling is the first to reckon with the select committee’s finding that Trump violated at least four federal laws in his crusade to subvert the 2020 election. And it is an early window into how the judiciary might interpret the unusual findings of criminal violations by a congressional committee.
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