Lawyers for the 17-year-old accused of fatally shooting two protesters in Kenosha, Wisconsin, reportedly plan to argue that he was part of a “well-regulated militia,” as described in the Second Amendment, according to Law & Crime.
- The publication reported that Kyle Rittenhouse “is being charged as an adult with six criminal counts: first-degree intentional homicide, first-degree reckless homicide, two counts of first-degree recklessly endangering safety, attempted first-degree intentional homicide, and possession of a dangerous weapon by a person under the age of 18.”
- The first five charges are felonies, while the last charge is a misdemeanor.
- The homicide charges will likely be fought with a self-defense argument, but Rittenhouse’s attorneys plan to use the “well-regulated militia” defense in response to the possession charge, NBC News reported on Monday.
According to the report, Rittenhouse’s attorney John Pierce–who previously represented President Trump’s personal attorney Rudy Giuliani and former Trump campaign foreign policy adviser Carter Page–is likely to argue that Wisconsin’s ban on firearms possession by persons under 18 violates the U.S. Constitution because a 17-year-old minor has the same Second Amendment rights as an adult.
“Therefore, the argument goes, the Wisconsin law unconstitutionally restricts Second Amendment-protected firearms possession,” wrote attorney and NBC legal analyst Danny Cevallos. “Pierce will likely add that the American colonies expected, and sometimes required, citizens under 18 to have and bear arms.”
- Law & Crime noted that “Washington D.C.-based national defense attorney Mark Zaid, who previously represented the Ukraine whistleblower,” said of the argument: “Personally, I’d be embarrassed to make this legal argument. But seeing the other cases this attorney has handled, makes sense.”