A group of Jan. 6 Capitol rioters will reportedly make self-defense arguments in their upcoming trials.
According to the New York Times, several defendants who allegedly assaulted police during the fatal Capitol attack intend to defend their actions by claiming to be victims of police brutality. The publication reports that the attorneys representing these defendants have reviewed “thousands of hours of videos” taken during the incident, and that the unreleased footage will prove “acts of brutality” by Capitol Police officers. About half a dozen of these rioters have reportedly expressed their intentions to pursue this argument.
Last week, it was reported that Capitol rioter Thomas Webster will claim self-defense when he appears in court next year. The veteran NYPD officer is accused of using a metal pole to hit Capitol Police during the attack. According to CBS-affiliate WUSA, Webster’s attorney says officers’ body cam footage will show the police used “excessive force” prior to his client’s alleged assault. Webster is facing seven charges, five of which are felonies, including assaulting a police officer with a dangerous weapon.
New York resident Edward Jacob Lang was reportedly the first Jan. 6 rioter to pursue a self-defense argument in court. According to legal documents obtained by the Times, Lang claims he didn’t become violent with police until after he witnessed officers attacking several women in the pro-Trump mob. One of the women was reportedly Rosanne Boyland, a 34-year-old MAGA supporter who was killed during the riot.
“The police were heartlessly pushing people on top of each other creating this dogpile effect,” Lang said during an interview from jail this month, “and people ended up dying.”
As pointed out by the Times, arguing self defense in these cases will likely be challenge, as defendants must persuade the court that the officers used unreasonable excessive force on the mob. This could be difficult to prove because of the extensive footage showing rioters committing acts of violence and destruction at the Capitol; prosecutors can use these videos to justify officers’ forceful actions.
During a September court hearing, Judge Carl J. Nichols dismissed Lang’s claim, stating: “I do not find this argument particularly persuasive.”
