Trump supporters are now seeking his help after attacking the US Capitol to stop President Joe Bidden’s inauguration.
Dustin Thompson, 36, is under federal indictment on six counts with co-defendant Robert Lyon for entering the U.S. Capitol Building on Jan. 6. While inside, prosecutors say Thompson took a wooden coat rack as a “trophy.”
According to the court documents, the defendant who was charged in the Capitol riot asked a judge’s permission to subpoena former President Donald Trump to testify as a witness on his behalf.
An attorney for William Chrestman, an alleged member of the nationalist gang Proud Boys, said that “Only someone who thought they had an official endorsement would even attempt” to storm the Capitol.
Thompson from Ohio has pleaded not guilty to all charges. He was charged with multiple counts related to the January 6, 2021 riot, including entering restricted grounds, theft of government property, and disorderly conduct.
In court filings obtained by Insider, Samuel Shamansky, his attorney will ask the judge to subpoena Trump and some of his allies, including former Trump lawyer Ruby Giuliani and former white house strategist Steve Bannon.
Shamansky wrote: “It is anticipated that, when called as a witness, Donald J. Trump will testify that he and others orchestrated a carefully crafted plot to call into question the integrity of the 2020 presidential election and the validity of President Biden’s victory.”
“Moreover, it will be established at trial that Mr. Trump and his conspirators engaged in a concerted effort to deceive the public, including the defendant, into believing that American democracy was at stake if Congress was permitted to certify the election results,” he added.
In addition to the subpoena request, Thompson’s lawyer said in a separate motion on Friday that he plans to use what is known as a “public authority defense” on behalf of his client, which argues the defendant was authorized by a government agent to engage in illegal activity.
Thompson said “he was directed to engage in the conduct set forth in the indictment by Donald J. Trump and his various conspirators,” the motion said.
Thompson’s defense strategy is likely to face an uphill battle. As judges have noted in other Capitol riot cases, the president has no authority over the Capitol building and cannot, in any case, order anyone to commit a crime.
According to former federal prosecutor Neama Rahmani, the judge isn’t likely even to allow Thompson to call Trump at all. The judge has not issued a ruling on the subpoena yet, but Shamansky said he believes a decision will come soon.
Shortly after January 6, the defendants and their lawyers began arguing they participated in the riot at the direction of the president. Even right now, it is unclear how likely the request is granted. It is already marked as the latest example of Capitol riot defendants seeking to shift the blame to Donald Trump.
According to the US Department of Justice, more than 225 people have been charged with assaulting, resisting, or impeding officers or Capitol staff, including more than 75 people charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.
While 640 defendants have been charged with entering or remaining in a restricted federal building or grounds, including 75 people who were charged with entering a restricted area with a dangerous or deadly weapon. So far, 768 people have been charged concerning the Capitol riot.