Proud Boys' lawyer asks why Trump hasn't been charged with seditious conspiracy

UPDATE: Zachary Rehl has been sentenced to 15 years in prison.

Philadelphia Proud Boys leader Zachary Rehl is set to be sentenced in court on Thursday along with other members of the militia group. Earlier in the day another leader, Joseph Biggs, was given 17 years in prison as he sobbed in court.

Prosecutors asked for over 30 years for Biggs and 30 years for Rehl, though it isn't expected that it will be that high.

But Rehl's defense lawyer, Norm Pattis, is confused about why members of the militia are being sent to prison, yet former President Donald Trump isn't even facing sedition charges, according to CBS News reporter Scott MacFarlane who was inside the courtroom.

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When the defense spoke, it began by saying that Rehl and others like him "listened to the President of the United States."

They went further, asking the court why Trump hasn't been charged with seditious conspiracy, but his followers who listened to him have been.

"This country is in a full-blown legitimization crisis," the attorney continued. “Trump is the canary in the coal mine" and despite being indicted, he's faring well in the polls.

It prompted U.S. District Court Judge Timothy J. Kelly to step in. “The very people who make the laws…. Their physical security … (on a sensitive day)... plays a driving role in what I have to do here” he said. “They were physically unable to do their jobs that day."

The defense continued, saying that “there was no coup," and claimed, “it was a riot.”

Rehl's lawyer claimed that the defendants "had a misperception Mike Pence had the ability to stop things," "...not an attempt to subvert democracy."

At the close of the speech, the judge ordered a five-minute break. MacFarlane noted that throughout the speech, there were a lot of references to Waco.

MacFarlane relayed prosecutors saying that Rehl wanted to use violence or, as he said, go "apes--t" on the lawmakers to block the peaceful transfer of power.

They went on to quote Rehl saying “F--k them. Storm the Capitol.” They also mentioned that Rehl was the son and grandson of Philadelphia police officers, implying that he should have known better.

They accused him of having no respect for the judicial process. “He concocted a story ... and doubled down on it. Tried to create a narrative” at trial, but jurors saw through it.

Rehl was also accused of being a source who “spread misinformation” in jailhouse interviews. “Mr. Rehl believes he committed no crime and was railroaded," the government said. And after Jan. 6, Rehl claimed he was "proud as f--k" at what they had done. His only regret, he said, was not having people armed.

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