Trump Can’t Be Blamed by Militia Group at Jan. 6 Trial, US Says

  • Former president didn’t have authority to order attack
  • Rhodes, other Oath Keepers, slated to go on trial in September

Donald Trump speaks during a rally near the White House on Jan. 6, 2021. 

Photographer: Eric Lee/Bloomberg

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Members of a right-wing militia group facing trial on the most serious charges stemming from the Jan. 6, 2021, insurrection should be barred from trying to blame former President Donald Trump for their actions, the Justice Department told a judge.

Trump, whose supporters laid siege to the US Capitol to prevent the peaceful transition of power to Joe Biden, didn’t have the authority to order such an attack and therefore can’t be used in a so-called public-authority or entrapment defense, the US said in a filing Friday in Washington.