Trump was acquitted of inciting the insurrection during his second impeachment trial, where Democrats made some of the same arguments defense attorneys are making in criminal court.
Some Republican lawmakers have said the better place for the accusations against Trump is in court, too.
Hundreds of Trump supporters were photographed and videotaped storming the Capitol and scores posted selfies inside the building on social media, so they can’t exactly argue in court they weren’t there.
“That defense is dead on arrival,” said Bradley Simon, a New York City white-collar criminal defense attorney and former federal prosecutor.
Other defendants linked to militant groups also have tried to shift blame to Trump in seeking their pretrial release from jail.