Leonard T. Koonce 
The legal team of a Trump supporter who knocked down DC Metropolitan Police Officer Michael Fanone in the January 6 uprising claimed he was “acting on the basis” of “permission” from the former President Donald Trump.
A 195-page transcript of an FBI interview with the accused indicates that he radicalized while listening to Infowars host Alex Jones.
Daniel Rodriguez, who said he volunteered for the Trump campaign, is one of many people suspected of committing crimes in connection with Mr. Fanone’s attack.
Mr Rodriguez’s legal representatives informed the court that they “could” use a “public authority” defense, which could possibly mean that they would argue that he was acting “on behalf of” one. law enforcement agency or federal intelligence agency “when he took part in the riot on Capitol Hill and attacked the officer, Law360 reported.
Federal prosecution rules state that the notice must include the relevant agency, the member of the agency for which the defendant claims to have acted and for how long the defendant has acted with public authority.
Public defenders for Mr Rodqriguez said the agency was the executive branch, the agency member was former President Donald Trump and the date in question was January 6, 2021.
“[I]t violates due process to convict an individual acting on the authorization of a government official, ”Mr. Rodriguez’s legal team argued.
The defense admitted that it is still unclear how a public authority defense can play out in a Washington DC courtroom, but added that it wanted to claim the ability to use the “in excess of” defense. caution”.
The transcript of the FBI interview shows Mr. Rodriguez admits to slapping Mr. Fanone in the neck, but his lawyers want the confession excluded from the proceedings.
“I just came up the stairs, and I saw them take it out, and I messed it up,” he said, according to the transcript.
Time reported that Mr. Fanone was “dragged down the marble stairs of the Capitol, beaten with pipes and poles, tear gas and knocked unconscious.”
He asked the rioters to spare his life when they “threatened to shoot him with his own pistol”, prompting Mr. Fanone to tell “the rioters that he had children”.
The Washington Post reported that the tasing allegedly resulted in Mr. Fanon having a mild heart attack. He remained unconscious but managed to come out alive from the ordeal and then testified before the House Select Committee on January 6.
Mr. Rodriguez is charged with one count of obstructing, obstructing or interfering with a law enforcement officer during the commission of a civil disturbance that interferes with official proceedings, one count of assault on a federal agent with a dangerous weapon, one count of theft of government property, one count of destruction of government property, and three separate counts of knowingly entering or staying in a restricted building without legal authorization.
The 195-page transcript was on file by Mr. Rodriguez’s legal team, as they claim it shows the FBI did not properly read his Miranda rights to him.
According to the transcript, Mr. Rodrioguez told the FBI: “I’m so sorry. I didn’t know we were doing the wrong thing. I thought we were doing the fucking right thing. I thought we were gonna be – I’m so stupid. I thought I was going to be awesome. I thought I was a good guy. I wanted to – you know, my whole life I’ve been, oh, fuck the police. I really have.”
