Garrett Miller of Texas has substantial legal problems. He’s been charged with five federal counts related to his participation in the January 6 coup attemptĀ at the Capitol. On the low end, he was trespassing. On the high end, he made death threats against Rep. Alexandria Ocasio-Cortez of New York and the Capitol Police officer who shot and killed Ashli Babbitt during the insurrection. So far, his legal defense is that he was supporting President Donald Trump and just got a little over-exuberant.

Clint Broden, a lawyer for Miller, told CNN Saturday that his client “certainly regrets what he did.”

“He did it in support of former President (Donald) Trump, but regrets his actions. He has the support of his family, and a lot of the comments, as viewed in context, are really sort of misguided political hyperbole. Given the political divide these days, there is a lot of hyperbole,” Broden said.

The Feds threw the book at Jacob Anthony Chansley, the so-called “QAnon Shaman,” charging him with “knowingly entering or remaining in any restricted building or grounds without lawful authority,” “violent entry, “disorderly conduct on Capitol grounds,” “civil disorder,” “obstruction of an official proceeding,” “disorderly conduct in a restricted building” and “demonstrating in the Capitol building.” His lawyer says he was supporting Trump and now has regrets:

“He regrets very, very much having not just been duped by the president but by being in a position where he allowed that duping to put him in a position to make decisions he should not have made,” Albert Watkins, a lawyer for Chansley, told Missouri’s NBC-affiliated television station KSDK…

…”Let’s roll the tape. Let’s roll the months of lies and misrepresentations and horrific innuendo and hyperbolic speech by our president designed to inflame, enrage, motivate,” Watkins told KSDK. “What’s really curious is the reality that our president, as a matter of public record, invited these individuals, as president, to walk down to the Capitol with him.”

The “Trump Defense” isn’t convincing in these cases because the perps went beyond anything the ex-president explicitly “authorized,” but it may work better in cases where people ambled into a wide-open Capitol, milled about for a bit without committing any violence. or vandalism, and then ambled out. There’s reportedly a debate in the Justice Department about whether it’s necessary or advisable to charge every single intruder since some of them fit this latter category and can truthfully argue that the president asked them to go the Capitol and even said he would join them.

What’s clear is that the most culpable party here is Trump, and I agree with George Conway that we may need three or four special prosectors to handle all his crimes. The idiots who followed his lead need to be held accountable, but there’s no way they should be punished while Trump gets a pass.