“I think our democracy is in trouble,” he said, “because unfortunately we have charlatans like our former president who, in my view, doesn’t care about democracy but only about power.”
From the start, Mr. Thompson’s Trump-made-me-do-it defense was a bit of a stretch. Similar arguments had failed to gain much traction with judges at a series of pretrial bail and sentencing hearings. Mr. Thompson’s lawyer, Samuel H. Shamansky, tried the gambit largely because he did not have many other choices.
Mr. Thompson had, after all, been caught on video illegally entering the Capitol and later posed for a selfie outside the building standing beside the antique wooden coat rack. The government also had a copy of a video he took of himself, hooting and hollering inside the looted parliamentarian’s office.
Mr. Shamansky’s strategy boiled down to the question of Mr. Thompson’s state of mind on Jan. 6. He stipulated in advance to nearly every element of the charges that his client was facing and sought to argue to the jury that Mr. Thompson had not knowingly or corruptly broken the law, but rather had been “so influenced — so used and abused” by Mr. Trump that he could not be held accountable for his behavior.
Capitol Riot’s Aftermath: Key Developments
Card 1 of 3Debating a criminal referral. The Jan. 6 House committee has grown divided over whether to make a criminal referral of former President Donald J. Trump to the Justice Department, even though it has concluded that it has enough evidence to do so. The debate centers on whether a referral would backfire by politically tainting the expanding federal investigation.
Cooperating with investigators. Pat A. Cipollone and Patrick F. Philbi, two of Mr. Trump’s top White House lawyers, met with the Jan. 6 House committee, while Ali Alexander, a prominent organizer of pro-Trump events after the 2020 election, said he would assist in the federal investigation.
Contempt charges. The House voted to recommend criminal contempt of Congress charges against Peter Navarro and Dan Scavino Jr., two close allies of Mr. Trump, after the pair defied subpoenas from the special committee investigating the Jan. 6 attack.
But under cross-examination, Mr. Thompson was tripped up by a prosecutor, William Dreher, who got him to admit that he had known it was unlawful for him to be inside the Capitol. Mr. Dreher also got Mr. Thompson to acknowledge that even though Mr. Trump may have encouraged him — and thousands of others — to go to the Capitol, the former president had not been at his side, offering instructions, when he broke into the Capitol and stole government property.
During his closing argument on Thursday, Mr. Dreher called the attempts to move the focus away from Mr. Thompson and onto Mr. Trump a “sideshow.” Mr. Dreher told the jurors that even if they did not like Mr. Trump — and even if they believed that he had encouraged the crowd to riot — they could still reject Mr. Shamansky’s arguments and find Mr. Thompson guilty.
“He wants you to think you have to choose between President Trump and his client,” Mr. Dreher said. “You don’t have to choose, because this is not President Trump’s criminal trial.”