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An Ohio man who claimed he was solely “following presidential orders” from Donald Trump when he stormed the U.S. Capitol was convicted Thursday by a jury that took lower than three hours to reject his novel defence for obstructing Congress from certifying Joe Biden’s presidential victory.
The federal jury additionally discovered Dustin Byron Thompson, 38, responsible of all 5 of the opposite fees in his indictment, together with stealing a coat rack from an workplace contained in the Capitol in the course of the riot on Jan. 6, 2021. The utmost sentence for the obstruction rely, the lone felony, can be 20 years in jail.
Jurors did not purchase Thompson’s defence, by which he blamed Trump and members of the previous president’s inside circle for the rebellion and for his personal actions.
One juror who spoke to reporters solely on situation of anonymity stated, “Donald Trump wasn’t on trial on this case.”
The juror, a 40-year-old man, stated as he left the courthouse, “Everybody agrees that Donald Trump is culpable as an general narrative. A number of folks had been there after which went dwelling. Dustin Thompson didn’t.”
Testimony ‘completely disingenuous’
Thompson himself, testifying on Wednesday, admitted he joined the mob’s assault and stole the coat rack and a bottle of bourbon. He stated he regretted his “disgraceful” behaviour.
“I can not consider the issues that I did,” he stated. “Mob mentality and group suppose could be very actual and really harmful.”
Nonetheless, he stated he believed Trump’s false declare that the election was stolen and was making an attempt to face up for him.
“If the president is providing you with nearly an order to do one thing, I felt obligated to try this,” he stated.
U.S. District Decide Reggie Walton, who’s scheduled to condemn Thompson on July 20, described the defendant’s testimony as “completely disingenuous” and his conduct on Jan. 6 as “reprehensible.” The decide additionally forged blame in Trump’s route after the decision was introduced.
“I believe our democracy is in bother,” he stated, including that “charlatans” like Trump do not care about democracy, solely about energy.
“And on account of that, it is tearing our nation aside,” the decide stated.
Prosecutors didn’t ask for Thompson to be detained instantly, however Walton ordered him held and he was led away handcuffed. The decide stated he did not consider Thompson’s story, and felt he was a flight danger and a hazard to the general public.
Thompson’s jury trial was the third amongst lots of of Capitol riot circumstances prosecuted by the U.S. Justice Division. Within the first two circumstances, jurors convicted each defendants of all fees.
Assistant U.S. Legal professional William Dreher stated that Thompson, a college-educated exterminator who misplaced his job in the course of the COVID-19 pandemic, knew he was breaking the regulation when he joined the mob that attacked the Capitol and, in his case, looted the Senate parliamentarian’s workplace.
The prosecutor informed jurors that Thompson’s lawyer “desires you to suppose it’s a must to select between President Trump and his shopper.”
“You do not have to decide on as a result of this isn’t President Trump’s trial. That is the trial for Dustin Thompson due to what he did on the Capitol on the afternoon on Jan. 6,” Dreher stated.
Thompson’s lawyer, Samuel Shamansky, stated his shopper hasn’t prevented taking accountability for his conduct that day.
“This shameful chapter in our historical past is all on TV,” Shamansky informed jurors.
However he stated Thompson, unemployed and consumed by a gentle eating regimen of conspiracy theories, was weak to Trump’s lies a couple of stolen election. He described Thompson as a “pawn” and Trump as a “gangster” who abused his energy to govern supporters.
“The weak are seduced by the robust, and that is what occurred right here,” Shamansky stated.
Walton, the decide, barred Thompson’s lawyer from calling Trump and former New York Metropolis mayor Rudolph Giuliani, a Trump adviser, as trial witnesses. However the decide dominated that jurors might hear recordings of speeches that Trump and Giuliani delivered on Jan. 6, earlier than the riot erupted. A recording of Trump’s remarks was performed.
Shamansky claimed that Giuliani incited rioters by encouraging them to have interaction in “trial by fight” and that Trump provoked the mob by saying that “if you happen to do not struggle like hell, you are not going to have a rustic anymore.”
Dreher informed jurors that neither Trump nor Giuliani had the authority to “make authorized” what Thompson did on the Capitol.
‘I used to be following presidential orders’
Thompson is charged with six counts: obstructing Congress’s joint session to certify the Electoral School vote; theft of presidency property; getting into or remaining in a restricted constructing or grounds; disorderly or disruptive conduct in a restricted constructing or grounds; disorderly or disruptive conduct in a Capitol constructing; and parading, demonstrating or picketing in a Capitol constructing.
The obstruction rely is the one felony cost. The remaining are misdemeanours.
Thompson drove from Ohio to Washington, D.C., with a good friend, Robert Lyon, who additionally was arrested lower than a month after the riot. Lyon pleaded responsible in March to 2 misdemeanours — theft of presidency property and disorderly conduct — and is to be sentenced June 3.
Thompson and Lyon took an Uber experience into Washington on the morning of Jan. 6. After Trump’s speech, they headed to the Capitol.
Thompson was carrying a bulletproof vest when he entered the constructing and went to the parliamentarian’s workplace. The FBI stated brokers later searched Lyon’s cellphone and located a video that confirmed a ransacked workplace and Thompson yelling: “Wooooo! ‘Merica Hey! That is our home!”
“[Trump] did not power you to go. He did not power you to stroll each step of the way in which to the Capitol constructing, did he?” Dreher requested Thompson on Wednesday.
“No,” Thompson stated.
“You selected to try this?” Dreher requested.
“I used to be following presidential orders, however sure,” Thompson stated.
Greater than 770 folks have been charged with federal crimes arising from the riot. Over 250 of them have pleaded responsible, largely to misdemeanours. Thompson is the fifth individual to be tried on riot-related fees.
On Monday, a jury convicted a former Virginia police officer, Thomas Robertson, of storming the Capitol with one other off-duty officer. Final month, a jury convicted a Texas man, Man Reffitt, of storming the constructing with a holstered handgun.
A decide listening to testimony with out a jury determined circumstances in opposition to two different Capitol riot defendants at separate trials. U.S. District Decide Trevor McFadden acquitted one in every of them of all fees and partially acquitted the opposite.
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