Using Trump as a defense for violence

Trump’s words have consequences, as suggested again this weekend by the El Paso shooter’s virulently anti-immigrant manifesto. The president and his surrogates have argued that he doesn’t direct people to commit violence. But, clearly that can’t be the standard to which we hold the president. There can be no question that his rhetoric has contributed to a dangerous cultural moment in America.

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Already, defendants have begun raising objections to cases that include witnesses who have cooperated with federal authorities (which happens in the majority of federal criminal cases, from gang violence to fraud) because Trump has repeatedly used the biggest megaphone in the country to say that “flippers” (as he calls them) should be illegal. Now, we are seeing the emergence of the “Trump made me do it” defense in criminal cases — or at least the “Trump influenced me” mitigation.

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In May 2019, in State Court in Staten Island, New York, Anthony Comello was charged with the murder of Francesco (Franky Boy) Cali, a leader in the Gambino crime family. In July, his lawyers claimed that Comello was fueled by the conspiracy theory QAnon, and that he “ardently believed that Francesco Cali…was a prominent member of the deep state, and, accordingly, an appropriate target for a citizen’s arrest,” which eventually lead to Cali’s murder. Comello also “believed he was a chosen vigilante of President Trump,” according to his lawyer Robert Gottlieb.

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Cesar Sayoc, who for two weeks terrorized the public by sending almost daily pipe bombs to public officials and private citizens alike based on their political affiliations [...] was caught in 2018 living in a van covered in dozens of Trump pictures and decals attacking the media. In March of 2019 he pleaded guilty to 65 counts, including using weapons of mass destruction and the illegal mailing of explosives with intent to kill or injure.

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[Sayoc's] lawyers cited Trump’s words and arguments in their attempt to secure a lighter sentence. They argued that their client was a cognitively limited, sexual abuse survivor who thought of Trump as a “surrogate father” and came to believe in an “alternative reality” fueled in part by the president’s attacks on his political opponents. Sayoc, his attorneys wrote in a sentencing memo filed in federal court in New York on Monday, was a Trump “super fan” and “began to consider Democrats as not just dangerous in theory, but imminently and seriously dangerous to his personal safety.”

Ultimately, Judge Jed S. Rakoff sentenced Sayoc to 20 years in prison, a technically lighter sentence than what prosecutors asked for although practically speaking, it could mean life in prison for the 57-year-old defendant.This sentence was based largely on the judge’s acceptance of Sayoc’s argument that he did not intend for the bombs to detonate and hurt anyone, contrary to prosecutors' arguments. However, the judge did note that Sayoc’s troubled life, including his infatuation with Trump and his view of the president’s political enemies as demons, played a role.

Sayoc is the most high-profile defendant to at least partially blame Trump’s rhetoric in a court of law. But he’s unlikely to be the last.

  NBC

As a matter of fact...

An attorney for a man charged with assaulting a teen for keeping his hat on during the national anthem is invoking President Trump's rhetoric about respecting the flag.

"His commander in chief is telling people that if they kneel, they should be fired, or if they burn a flag, they should be punished," attorney Lance Jasper told the Missoulian. "He certainly didn't understand it was a crime."

  The Hill

No one's buying that, dude. Stick with "he thought it was okay anyway, because Trump said so."

The attorney is representing Curt Brockway, Montana man accused of slamming a 13-year-old to the ground and fracturing his skull after the boy did not remove his hat during the playing of the national anthem at a county fair over the weekend.

Jasper told the Missoulian that Brockway's family has received “hundreds” of death threats since the incident last Saturday.

I'm feeling skeptical about that, too.

The attorney added that he will seek a mental health evaluation for Brockway, a military veteran who he said got a traumatic brain injury in a 2000 vehicle crash driving home from Fort Lewis, Wash., later receiving an honorable discharge due to disability.

Jasper said the injury specifically affected Brockway’s frontal lobe, which is central to judgment and problem-solving abilities, according to the newspaper.

That could certainly be a contributing factor.

The White House has in the past distanced itself from individuals who claim their actions were justified due to the president's rhetoric.

And will probably get plenty of chances to do the same in the future.