The Stupid Coup
In essence the attorneys for the Proud Boys (and others, I suppose) are assuming a fact not in evidence (but which clearly EVERYONE BELIEVES): that Hair Füror is responsible for the Stupid Coup:
WASHINGTON — Defense attorneys for five Proud Boys leaders intend to call former President Donald Trump to testify as a witness in their clients’ seditious conspiracy trial.
However, it remains unclear whether their effort will succeed.
Lawyers for Joe Biggs, a Proud Boys organizer from Florida, revealed a subpoena Thursday that would compel Trump’s appearance in March and said they would seek the Justice Department’s assistance with serving Trump.
“Donald Trump called on patriots to stop the steal,” said Biggs’ lawyer Norm Pattis. “We’re calling on Donald Trump to take the stand.”
The Trump campaign did not immediately respond to a request for comment.
Of course a judge has to rule on subpoena’ing a former president to testify, and then there would be all the usual foot-dragging appeals, and the unspoken but largely understood quality of the unreliable witness as a world-renowned LIAR of the lowest calibre. (This is assumed to be the reason Gaetz wasn’t charged: his scumbag child molesting pimp wingman would not be a trustworthy witness for the prosecution.)
It isn’t the first time a defendant charged in connection with the Jan. 6 riot has tried to put Trump on the witness stand. Dustin Thompson, an Ohio man who was eventually convicted on six counts related to the riot, raised the idea of subpoenaing Trump in February 2022. The judge in that case ruled that Trump’s testimony was inadmissible and blocked Thompson’s lawyer from issuing a subpoena…
Trump’s words leading up to the Jan. 6 riot have been frequently invoked during the first month of the trial. Prosecutors have sought to emphasize the Proud Boys’ affinity for Trump, presenting it as motivation for their alleged plot to stop the certification of the 2020 election.
I don’t think that there is any doubt that Hair Füror is both the object and subject of the Stupid Coup, so he is material to what happened. I don’t know the answer to this, but if Lord Damp Nut is ever indicted and convicted of any crime related to the Insurrection, could the Proud Boys et al appeal their convictions (should they be convicted)? Any legal eagles out there want to opine?
No, all the Eichmanns do not get off if the Hitler is convicted.
They still willingly participated in a seditious conspiracy; just because the Mango Mussolini told them it was OK is not a defense.
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Commoner here, not a lawyer, but the obvious answer is that Yes, of course they can appeal. Will they win their appeal? Probably not. It’s not like they have any political power or serious money, so the fact that they don’t really have a case proving their innocence will drive decisions. The best we can hope for is that these attempts will somehow stick to tfg when other charges seem to just slide off.
(see Manson and the family. Manson went to prison – Thanks, Vince Bugliosi – but so did the people who committed crimes for him)