Jan. 6 ‘Raindrop Theory’ of Collective Guilt Is Unconstitutional, Defense Attorney Says

‘A defendant cannot be found guilty merely as a result of being near someone else committing a crime,’ attorney John Pierce wrote.

Demonstrators outside the U.S. Capitol as Congress debated the 2020 presidential election Electoral College vote certification on Jan. 6, 2021. Roberto Schmidt/AFP via Getty Images

A frequently used Department of Justice claim that Jan. 6 protesters share equal guilt for rioting, like raindrops that join to create a flood, is unconstitutional and should be banned from court, a defense attorney argues.

“The criminal law in the United States requires that to prove a person guilty of a crime, prosecutors must prove the individual guilt of that particular defendant,” wrote attorney John Pierce.