Jacob Chansley, the most universally-recognizable Trump supporter to enter the U.S. Capitol during the January 6 insurrection, is asking the judge to release him from jail pending his trial. Chansley's Motion (below) claims that then-President Donald Trump "entrapped" him into entering the Capitol and that the flagpole he carried that day should not be considered a "dangerous weapon".
Chansley's attorney also explains why the Phoenix man is not a risk to run, and states (without proof, fortunately) that the 33-year old "has experienced significant digestive tract issues for which medical consultation has been sought." You will recall that judges have ordered that the jails try to comply with his religious and health needs for organic foods; Chansley's attorney points out his client is "very grateful for the efforts" and that he does not wish to "cast aspersions" on those efforts.
But, the focus of the 27-page motion is largely on the potential "estoppel by entrapment" defense created by Trump's persistent propaganda both before and on January 6. As attorney Albert Watkins put it, "President Trump heightened his public propaganda such as to alarm, alert and amass his supporters...." Once Chansley and others were there on January 6, he "listened to the words of the President, acted in reliance on the truth of the words of the President, and did that which the President asked them (him and others) to do."
Chansley has been in custody since arriving back in Phoenix shortly after January 6. (In fact, the Motion indicates that he received a speeding ticket somewhere in Oklahoma on his cross-country return.) He is presently in jail in Virginia.
(BONUS: The Motion attaches some of Chansley's artwork as an Exhibit. The argument is that he should be released to resume creating.)
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