MAGA rioter: Trump supporters were 'entitled' to attack the Capitol because the president gave permission

On Thursday, NBC4 Washington's Scott MacFarlane reported that an accused January 6 Capitol insurrectionist, Robert Morss of Pennsylvania, is making a novel argument in a new court filing arguing for his pretrial release from jail. According to Morss, he had the right to do what he did — because President Donald Trump had authorized it.

"Whatever transpired once they arrived at the Capitol, the protesters were entitled to do as the President directed," said Morss in the filing. He also added that "government agents may have been involved" in turning the demonstration violent.

Morss, a substitute teacher living in Pittsburgh, is charged with assaulting Capitol Police; footage of the attack shows him in a tactical vest, organizing a "shield wall" to break through officers around the Lower West Terrace tunnel.

After the attack, his home was raided by FBI agents, who found a cache of firearms, a LEGO model of the Capitol he allegedly was using to plan offensives and notes on organizing a militia. His text messages said that was "considering leaving the country" because authorities "are crushing everyone" involved in the attack.

READ: 'Make a shield wall!': New indictment charges growing number of violent Capitol rioters

Morss is one of many Capitol riot defendants claiming that their actions were in some way encouraged or sanctioned by the former president, who was impeached for incitement to insurrection shortly after leaving office. Thus far, judges have not accepted this argument.