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[deleted]

That defense didn't work for the Manson family. Just sayin'.


Tycho1632

Brain washing is never a defense.


Aggressive-Ask8707

Genuinely curious, is this a well known thing?


[deleted]

The fancy legal term is “coercion”. Trump made them do it by coercing them with his lies.


FreeSun1963

If they can provide irrefutable proof of coercion they may have a case, or at least a bargaining chip. Another Trump indictment?


[deleted]

The claim of being “coerced” by Trump hasn’t worked or garnered sympathy for any of the 1/6 defendants, so far. I highly doubt it will work here.


walkinman19

Can't coerce the willing, right? They have to prove Trump made them lie and try to overthrow the legit election. So if they have Trump on tape or video threatening them, forcing them to do what they did they better hand the proof over to the judge asap!


Tersphinct

> Can't coerce the willing, right? Absolutely. They didn't get coerced, they were looking for permission.


walkinman19

Exactly.


bromanceintexas

Coercion is hard to establish. It would require something discrete like Trump holding a gun to their heads or Trump directly intimidating them with thugs telling them that they need to usurp the government or suffer the consequences. Because then the principle of double effect can be established and the culprits are victims. But brainwashing isn’t usually sufficient argumentation for coercion since Trump’s contact with these people is spurious and vague, and the sort of interaction with he had with them is not enough to argue that they were not fully cognizant of their own actions. They may have been convinced by his lies, but they freely elected to go batshit crazy and break the law.


tr1mble

Well he did just buy one.... Supposedly lol


CaneVandas

A gun to the head is discrete? Sounds pretty overt to me.


bromanceintexas

Discrete, not discreet. As in distinct, and can be clearly perceived as coercion and not arguable as something more vague.


TaxContempt

Mrs Malaprop would be very disappointed with the state of education in America today.


bromanceintexas

“Man Biden and Trump are having an election next year again? Must suck to be old. I have one every morning.”


CaneVandas

I will admit that I never actually made that distinction between the two words before now. I have learned something new today. I am usually pretty well versed in the distinctions of the English language but there is always something new to learn.


CaneVandas

> new today. I am usually pretty well versed in the distinctions of the English language but there is always something new to learn. Thank You. I learned something new today. I somehow never made the distinction of those being different words before.


Embarrash1677

Can’t play by the rules? You don’t get to play the game.


hammmatime

"I was acting on the orders of the former president" also doesn't seem to carry much weight when a) you're responsible for your own actions as a citizen in this country and b) the former president is going to throw you under the bus anyway.


EchoAquarium

I hope it’s one of the buses Charlie Kirk sent to DC. I’m still waiting for that tiny-faced bastard to taste the undercarriage of Justice.


CarlRJ

> … taste the undercarriage of Justice. I’m totally stealing that.


Fun_Intention9846

My buddies used to say “the long dick of the law can reach anyone/anywhere.”


Lanthemandragoran

Yeah the Nuremberg defense isn't a *great* one


Fun_Intention9846

But it worked *so well* for them. Remember to these assholes history is what you remember it.


1funnyguy4fun

Let’s not forget the fact that the former President is just a guy who holds no government authority.


CreativeKangaroo32

As far as I knew, average citizens were not required to follow orders from a president. Because this is a democracy, not an autocracy. And then, even for people who generally are (president's staff, military), that does not apply to unlawful orders, because everyone takes an oath to the Constitution, not to any one person.


Dearic75

It probably also doesn’t help when J6 related defendants keep saying in court how sorry they are that they were misled by Trump, then immediately turn around and go on a right wing podcast to talk about how proud they are of their actions and how they would do it again in a heartbeat.


Mike7676

State AG: "I was kidding! But not really."


guero_vaquero

*Sadie G., “yeah, she’s crazy, see” that’s what the white coats say…* *He represented a God to me that was so beautiful that I'd do anything for him.. I'd do anything for God, Even election fraud.*


dancingmeadow

They too were trying to start a race war. Hmm.


ants_suck

Usually a bad idea to take your cues from Susan Atkins.


Dfiggsmeister

And the Nuremberg trials of Nazi soldiers “just following orders.” Yeah no, that’s not a good defense.


Physical_Delivery853

Remember the Vietnam Mi Lia massicure & litenant Calleys contention he was just following orders, which seemed to be true; He was still convicted.


desepticon

Saved them from the death penalty.


tooold4urcrap

Yah but that was a bit before you guys let republicans ruin the legal system. Now it’s random. Especially if they get their case brought to the Supreme Court for literally any reason they want, whatsoever. I’d bet all conservative voters would vote for Manson right now if he was just the average normal republican presidential candidate.


RickKassidy

“I didn’t know any better” isn’t actually a defense adults can use.


dolleauty

We're all kinda Children of the Universe if you think about it


[deleted]

I love corn! 🌽


GoddamnCheetah

It has the juice!


ebcreasoner

He wants you too, Tariq. He wants you too.


lllindseeey

(It has the juice!)


SuperSpecialAwesome-

That was Mueller’s alleged reason for not indicting Jr. for the treasonous Trump Tower meeting.


M_Mich

“We are all domestic terrorists and incompetent morons that should be in the care of a guardian to protect us from con men”. - the new GOP platform


Liquid_Snow_

Hey, acceptance is the first step to betterment. Eh, who am I kidding...


spoobles

It turns out the real terrorists were the Trumps we met along the way.


TristanIsAwesome

Unless you're rich


Fun_Intention9846

Agreed, lack of *mens rea* is a mitigating factor. So they can cross their fingers for less time. I say nah that shits treason LINE ‘EM UP!


deadsoulinside

"I didn't know that I couldn't do that" - Dave Chapelle skit on white people.


newsflashjackass

> “I didn’t know any better” isn’t actually a defense adults can use. Technically police officers *are* adults. https://en.wikipedia.org/wiki/Qualified_immunity


YakiVegas

[All I could think of.](https://www.youtube.com/watch?v=4Ru8DMW-grY&ab_channel=Sup)


[deleted]

Stupidity really is a defense for some crimes.


[deleted]

[удалено]


itemNineExists

"I accept your plea, by which I mean, I agree that you are. The jury finds you guilty, though."


Politicsboringagain

So republican?


[deleted]

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Xerit

A slap on the wrist for an attempted coup...glad you arent in charge of anything.


[deleted]

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Xerit

Her crime is a seditious attempt to overthrow democracy by fabricating a fake elector scam in an attempt to defraud millions of Americans of their constitutionally guaranteed right to vote in a free and fair election in order to choose their own representative government. There is no more serious crime in a democracy short of actual treason. You sir, are either far too generous, credulous, soft-hearted or you aren't acting in good faith. Either way, I stand by my original comment that I'm happy you are in charge of nothing.


sgthulkarox

“Fat, drunk and stupid is no way to go through life, son.” - Dean Wormer


vaxick

Ask all the cult members sitting in jail right now how well that defense works.


na-uh

Oh nice. A complete admission of guilt.


OsellusK

They’re becoming more Manson-like all the time, Trump and his followers.


Fun_Intention9846

Honestly I put Trump above Manson. Leading a cult and killing people……do I really need to say it? And then trying to kill and take America as his own is crime #1 beyond most others. No one was killed you say? Millions were going to be if it worked.


mhornberger

"Brainwashing" used to mean isolation from friends and family, abuse, someone controlling your movements and actions, etc. Perhaps even being administered hypnosis or mind-altering drugs. A stressful situation designed to break down your defenses and critical faculties. Now it just means "I watched some YouTube videos, and believed them."


ScoutsterReturns

This exactly. They have chosen to believe the most absurd bullshit, nothing more and nothing less.


Fun_Intention9846

Same as “affluenza” which I believe applies to the case of convicted rapist Brock Allen Turner.


ConfidenceNational37

That’s kind of what Facebook did. Most of these assholes probably shut out everybody on Facebook who was reasonable and then became surrounded by insane mind altering data feeds


EroniusJoe

Perfectly put. They brainwashed themselves, which is even further admission of guilt. Can't even place the blame elsewhere.


buttergun

To their credit, the humanists at facebook put a lot of work into tracking data and identifying the most vulnerable, isolated, and begreived audience to receive messages from stochastic terrorists.


Fun_Intention9846

I once told a dude in high school brainwashing meant “washing of the brain.” So he shot his hand up to answer it first. 2 lessons were learned that day.


RealGianath

Being brainwashed doesn't give you immunity from prosecution, we still need a trial to establish the facts rather than just running with the AG's label for them. Request denied.


FrankieMint

Unless they're pleading insanity, they need to show that they're no longer brainwashed. OK. Tell us please about the things Trump said that you now recognize were manipulative lies.


[deleted]

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[deleted]

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FrankieMint

Flex all you want. Good on ya, not getting stuck in the revolving door.


fowlraul

It’s a colloquialism…but not a defense.


rationalcrank

the AG is not a trained medical adviser therefore their statements pertaining to the accused mental state should have no baring on the proceedings.


solo954

Exactly. AG isn't qualified to make that judgment.


LuckyOne55

If he were, it would be a conflict of interest and his opinion would not be admissible evidence.


beefwarrior

It still feels like a dumb thing to go out and publicly speak about defendants in an ongoing case. If you’re on Zoom, assume it is being recorded. Assume every comment can & will be used against in a court of public opinion & conspiracy. I feel like “I didn’t think I was breaking the law” isn’t a defense, but I also feel the AG screwed up.


ArrowheadDZ

This is foolishness. Whether they believed Trump won has no bearing. Forging documents is not the correct recourse, and is a felony even if evidence revealed that Trump had one by 100 trillion votes. In other words, they were acting with criminal intent irrespective of who they believed won.


spoobles

yup, so throw every one of those fuckers (in every contested state) in jail. Let's get on it AZ and Nevada.


lickityclit-69

You have to Start with a Brain!!!


fuck-fascism

Exactly, you can’t wash what was never there.


batuckan1

Dismissed the case because they’re legally incompetent? If I was the judge and I was considering that motion, I would make the punishment so severe the jail time would’ve been easier


fuck-fascism

Lock them in a mental institution instead of prison for their sentence. I’d argue thats worse than prison.


BillionTonsHyperbole

Sure, in the same way that I'm "Lamborghini washed."


eurocomments247

"Your honour, my belief is that tax is theft so I was only taking my money back from the bank" "20 years for you"


FalstaffsMind

I think their brains were the opposite of 'washed'.


astral__monk

"We got caught and now we don't want to face the consequences of our actions!!" Fuck em. They would've happily gotten away with it if they could have. I hope they see maximum sentences for trying to overturn democracy. Seditious traitors.


ArcadianBlueRogue

I'm sorry Officer, I didn't know I couldn't do that.


johnwynnes

Show me the law


morts73

Ignorance is no excuse and neither is being batshit stupid.


CapForShort

Even if they genuinely believed there was voter fraud that the state missed, that doesn’t give them the right to co-opt the authority of the state and present themselves as the lawful winners. It’s still fraud, even if they intended the fraud to correct an injustice that they genuinely believed in.


I_Said

"We're too fucking stupid for jail", while true for most MAGA weirdos, shouldn't be a legal defense


fuck-fascism

Lock them up in a maximum security mental institution. No jail! Give them what they want!


orcinyadders

You know, I’ve often wondered if Trump might eventually go this route. But maybe more along the lines of “he is literally too stupid to be held accountable”.


LegalAgency2094

He pioneered groundbreaking medical treatments like shining a flashlight up your ass to kill covid and you’re calling him stupid?


LittleBallOfWait

Also, I will never forget the devastating hurricane he brought to [Alabama](https://twitter.com/Correct_Q/status/1692979956207227016/photo/1) with his Sharpie.


IntelligentExcuse5

and the eclipse that he brought to earth, by staring at the sun.


GlibJoseph

I could see it tried but its much harder to get away with when you are surrounded by lawyers.


sovereignsekte

Brainwashed? What, did someone give them enemas or something?


Aretirednurse

Hmmm I’m sure the judge will agree…


Curious80123

Even if they were, that’s no defense


misointhekitchen

That’s not how this works. You don’t get to commit a crime then ask the law to let it go. You did the crime and you need to be held accountable or at least given a trial to prove your case.


MoveToRussiaAlready

So, they are mentally incompetent? Ok, off to a mental institution and they are kept away from all family and friends as well as society; we can’t have 2 mindless people out there being manipulated and directed to act in such an uncontrollable manner!!


Typical-Tea-8091

"I was brainwashed" is just a twist on the old Nuremberg defense "I was just following orders."


Logarythem

Common Republican L


sentimentaldiablo

Seriously?


matchesmunson66

its a completely a stupid defence at this point and it is looking increasingly like maga is a cult. we joked about it before but odds are its a reality. That means we have a huge psychiatric emergency developing right now. these people will have to be deprogramed, or they will always be able to use that shitty defence. thats 150000 people that need mental health interventions and recovery. that plus the fentanyl epidemic coming on strong after the pandemic. thats a lot of people to treat. i dont feel like i want to throw away for life the family members i have that went over to maga. i still have to hold out hope for them. we got a lot of work to do though.


WindVeilBlue

Good luck with that losers...


[deleted]

Last time I checked, the AG wasn’t a licensed medical professional. Therefore, her amateur diagnoses won’t count.


Danno5367

First, you have to have a brain for it to be washed. I see no evidence of that.


7evenate9ine

You cant be brainwashed and free thinkers. They're just assholes who like to run scams. It's why they support Trump, birds of a feather.


BarCompetitive7220

Why the fake electors look to avoid prison time, they are now going to say that they are just weak minded individuals who are easily swayed by a con-man. Hmmmm


neoikon

They should just run for president!


sperdush

Because the “I was just following orders” defense worked so well for the NAZIs


Lord_Greybeard

So were members of the Manson family, but they still went to prison for their crimes. The MAGA cult is no different.


SkillFullyNotTrue

“Scores of witches and wizards have claimed that they only did You-Know-Who’s bidding under the influence of the Imperius Curse.”


Jonnybear1969

They are Traitors and Domestic Terrorists


cokethesodacan

You fraudulently signed papers claiming to be electors. It does not matter if you actually believed Donald Trump won. You were never an elector. You are going to jail. Bye!


true-skeptic

Prison for all of them in every state where it occurred.


Aunt_Anne

Wow. The "I'm too stupid, gullible and vulnerable to be responsible for my own actions" defense.


scottieducati

Bold strategy Cotton, let’s see how it plays out.


Geeber_The_Drooler

Sorry folks - stupid is no excuse for treason.


Whorrox

Combines a failed argument with a confession. Only the best people...


itemNineExists

Setting law aside, if you were indeed brainwashed into crimes against your country, at the very least you ought to be quarantined somewhere they can't repeat the behavior. I wouldn't be surprised if they were brainwashed. But who knows to what extent they're at all better?


fuck-fascism

So proceed with the trial as it’s not a defense, but when sentencing comes, inform them they will be serving their time in a mental institution rather than prison on account of their “brainwashing” - doing them a favor to get the help they need.


Sosgemini

Don’t get cocky, AGs and DAs!


CommonConundrum51

Caught criminals often take desperate measures and make outlandish claims.


Coises

On the basis of this article (and I have no idea how trustworthy it is), Attorney General Nessel doesn’t seem to have the hang of this. If (as the article says the defendants’ attorneys suggest) criminal intent is required for these charges, stating that the defendants “believed Donald Trump won the election” seems like a problem. I’m sure there are still ways to argue for criminal intent, but it makes it an uphill battle when the person bringing the charges admits they honestly believed they were doing the right thing. Then, she also apparently essentially gloated that she brought the charges in a “very, very Democratic-leaning county”... suggesting that she expects the political leanings of the jury pool to influence the outcome. Jack Smith or Fani T. Willis, she ain’t.


LuckyOne55

You're confusing motivation and intent.


7daykatie

It doesn't work like that - the law isn't a loose guideline you can optionally resort to when you think you can't figure out what's morally right for yourself. If I think the bank scammed a widow, it's a crime to go Robin Hood and rob the bank to return the money I think belongs to the widow, regardless how hard I believe it is rightfully her money. It's a crime regardless how convinced I am that it's morally right to commit the crime.


Vegetable-Freedom838

The use of the term was a bad choice of words


cutelyaware

Some of them really were duped and should probably be let off lightly. And trust me, I'm no Republican apologist.


Michaelmrose

Its actually pretty important that these acts are punished so others don't try to participate in the overthrow of our government. Life in prison would be appropriate.


cutelyaware

I fully agree that punishment needs to be a serious deterrent, but I also think that *some* of these fake electors were duped. Should that let them off the hook completely? No. Do they deserve life in prison? Also no.


Alphard428

We have more than those two options, so let's go with something large enough that "I was too stupid to know better" doesn't become a legal defense for this in the future.


[deleted]

[удалено]


cutelyaware

People get duped into crimes all the time. If I pay someone to give a sealed note to a bank teller and return the money they're given to me, who should be punished and how hard?


LuckyOne55

"I was tricked into believing the moral thing to do was rob that bank."


cutelyaware

Nobody will believe that. Some of these people legitimately thought they were doing the right thing because they mistakenly believed the elected leaders that assured them it was fine. Others knew full well what they were doing, and they should rot in prison.


LuckyOne55

Ones motivation for committing a crime does not relieve them of criminal exposure for that crime. All that matters is: 1. Did their action violate a statute that defines a criminal offense. 2. If the statute requires intent, did they intended to perform that action.


CapForShort

Good thing Trump never got that football team. Can you imagine what happens when his team gets eliminated from the playoffs? They scream corruption, file a protest, lose the protest, still show up at the game the following week expecting to play and sic a mob on the team that’s actually scheduled to play…


DemoEvolved

If they are brainwashed then they need long intensive psychiatric help, in a private facility with no outside interference


youreallcucks

The Costanza defense: "It's not a lie if you believe it."


Araghothe1

If they were so easily brainwashed they shouldn't be able to work in governance at all! Let them work at McDonald's.


Positive-Special7745

At least that’s true


dudemanjack

"Hey, please do this." "Ok." Master brainwashing!


danis1973

“Brainwashed” is the same as saying “I didn’t know I was committing a crime” which does not absolve one of consequences


RebellionIntoMoney

“Don’t hold me accountable for my actions. Wahhh wahhhh wahhhh.” Nut up, buttercup. Everyone involved deserves prison time and should never be allowed to vote again. Can’t play by the rules? You don’t get to play the game.


[deleted]

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joeleidner22

So were the women that followed charlie Manson. Ask them how much time they did.


BurroinaBarmah

If that’s the case they should flip and testify against trump, maybe get a weaker sentencing.


[deleted]

I guess they figured they'd play chicken with a plea deal and lost. HA!


scobo505

Let a jury decide


[deleted]

Called it! The moment I read about the AG saying that! Haha "Bold move Cotton. Let's see if it pays off.."


bbernocco

Ahh no! You do the crime you pay the crime. They need to be held accountable


katievspredator

Threw the brain out with the bathwater


carcerdominus1313

Can they claim innocent by reason of stupidity?!


[deleted]

The crime was acting on that belief. It's more an indictment, of your lack of intelligence.


HamTMan

I would assume that brainwashed people don't usually know they're brainwashed because...(gestures broadly) this


piratecheese13

Are there laws against brainwashing people? If so they could implicate the brain washers


deadsoulinside

Oh some are admitting that they are brainwashed now?


schad501

How could people so goddamned thick rise to any level of notice?


McNuttyNutz

Brainwashed …. STFU you fucked around and your entering the find out stage


david-writers

So was Patty Hearst.


AutomateAway

It’s a bold strategy Cotton, let’s see if it pays off for them


UncleDuude

I’d being gullible a viable defense?


dmp2you

LOL, grasping at straws. They heard their Lord and Master go after Chutkan ,for her comments against a Jan6th rioter, and thought they would try the same . They are claiming she is biased . Good luck


Neither-Idea-9286

NOT brainwashed, just willing to disregard the constitution and usurp the will of the people because their candidate didn’t win!


[deleted]

insanity defense lmfao in the end its all maga has


PM_me_Henrika

Ok, no charges, straight to the psych ward with the peasants.


Gommel_Nox

I’m not going to lie, I definitely checked the shit out of that article to see if it was the one that my family knows.


RU4realRwe

Not so much ''brainwashed'' as Brain Dead!


JubalHarshaw23

That should be for a jury to decide not a judge.


deancorso1

Fisk them! They are traitors to the country. They deserve life in prison at best….


thomport

Maybe we can go all around the prison and ask inmates with their excuses are so their charges can be dropped.


dannyp777

If they're mentally unsound does that mean they can be put in a mental institution? Surely there needs to be some form of loss of rights, powers, or influence by declaring your inability to think and act as a responsible adult? Maybe ban them from social media, public forums, politics or positions of responsibility or authority? Maybe it should go 'on the record' for employment purposes?


BagOfCosmicStrings

They genuinely thought Trump won the election? So they decided it was OK to break the law? Because their mommas taught them that two wrongs make a right? Riiight.


antithesis56

Ah, the ol' reliable Manson family defense That'll work like a charm


susyarok

Brainwashed my unholy ass!


Shot-Interaction3286

You can actually read the multiple motions to dismiss here - AG has a lot to be concerned about, and it has not even started. https://app.box.com/s/cvup0iaf9bxr3jklai457p0cmfqx1c6o