Defendants arrested in the attack on the U.S. Capitol have offered an array of justifications, which jurors have rejected at three jury trials so far. A fourth jury could hear another novel line of defense.
of illegally entering restricted Capitol grounds but acquitted him of engaging in disorderly conduct.Stephen Saltzburg, a George Washington Law School professor and former Justice Department official, said it may be difficult for prosecutors to secure convictions against defendants who merely entered the Capitol and didn’t exhibit any violent or destructive behavior.
Police body camera video captured Webster’s confrontation outside the Capitol with a line of officers, including one identified only as “Officer N.R.” in court papers. Defense attorney James Monroe has claimed the unnamed officer gestured toward Webster, “inviting him to engage in a fight,” before reaching over a police barrier and punching Webster in his face. Webster “used that amount of force he reasonably believed necessary to protect himself” by tackling the officer to the ground, Monroe said in a court filing.
“As a former U.S. Marine and a member of law enforcement, Mr. Webster’s moral instinct was to protect the innocent,” Monroe wrote.
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