December 28, 2022

The Jan. 6 select committee’s finding that Donald Trump lured followers to storm the Capitol does not absolve them of legal responsibility for their actions, a federal judge ruled Wednesday, the first opinion to cite the congressional panel’s criminal referrals of the former president.

U.S. District Court Judge John Bates cited the select committee’s report and criminal referrals to swat down a Jan. 6 defendant’s claim that he believed Trump had authorized him and other rioters to enter the Capitol when he urged the crowd to march down Pennsylvania Avenue.

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.

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