Daily Press (Sunday)

‘Trump made me do it’ is thin defense for rioters

Strategy already shot down by one judge in Capitol siege

- By Tiffany May and Hisako Ueno

Noisy children skateboard­ing on the streets. Couples arguing in their homes. People gathered on the sidewalk, gossiping for long hours. Some people would describe these activities as noise pollution. A new website in Japan has put perpetrato­rs on a map, spurring debate about those who disturb the peace.

The website, DQN Today, describes itself as a crowdsourc­ed guide to help house hunters avoid neighborho­ods inhabited by “stupid parents who let their children play on roads and parking lots.” It is populated by maps visualizin­g the dorozoku, or “road tribe,” a term that applies to people who block the way or wreak havoc in public.

Residents who find noise unbearable have found an outlet in the website, which collects anonymous gripes about neighbors and pins every grievance on an interactiv­e map, creating an elaborate record of the irritating sounds and sights of Japan.

Noise complaints have increased in the capital, Tokyo, with police logging a 30% increase between March and April last year. That’s when the government shut schools and advised residents to work remotely because of the coronaviru­s, causing some to become all too aware of homebound sounds they had paid little attention to before.

Outside, even though some play areas have been cordoned off during Japan’s state of emergency, most parks have remained open — and crowded.

The creator of the website initially responded to emailed questions Wednesday about the site but declined to give his full name. He said that the map was a less-than-subtle hint for residents — they know who they are, even though they are never named — and for government officials, who he hoped would pay attention. The creator, who describes himself as a freelance web developer, later stopped responding to emails.

The site started in 2016 and initially had a few hundred users. Since then, it has grown exponentia­lly as it has stirred debate, especially over what experts say appears to be society’s growing intoleranc­e for the sounds of children at play.

While many on social media have lauded the website for shedding light on the problem of noise, some parents find its approach troubling and fear a growing divide between families with children and neighbors who cannot stand them. Among the 6,000 wide-ranging complaints, which cover subjects like parking violations, excessive swearing or stray cats, are many entries that single out areas frequented by unsupervis­ed children.

Saori Hiramoto, 35, an activist who successful­ly lobbied the Tokyo Metropolit­an government to allow strollers in crowded trains in 2019, said that the map demonstrat­ed a breakdown in communicat­ion and the fracturing of a

society that was once interdepen­dent.

“I really feel it’s so tough to raise kids,” she said, “People say parents should be responsibl­e for child care, but it’s very difficult, especially for single parents. We’ve come to our limits.

“I think that the society or community should watch and raise kids as members in society,” she added.

Akihiko Watanabe, a professor in the Faculty of Education of Shiga University, near Kyoto, said in an interview Wednesday that the map had the potential to harm children and teenagers by exposing places where they hang out unsupervis­ed. But some parents become defensive over complaints about their children, making it difficult for others to approach them with concerns, he said.

“In the past, parents apologized and discipline their kids,” he said. “But now parents get hostile against people who scold.”

At least 1,500 new users registered to use the map between March and April last year. One complaint reads: The gatherings “are terribly loquacious and noisy. I glared for a long time but they didn’t stop. Children are also left unattended and make strange noises.”

Another says, “Three or four children gather and play loudly during holidays, and a high-pitched voice echoes in the neighborho­od.”

“I forgot that this was a road,” another user wrote about a stretch of asphalt frequented by skateboard­ing preteenage­rs.

The dorozoku website is not the first digital map to draw controvers­y over what it details. Oshimaland logs “stigmatize­d properties” in Japan and around the world, where murders, suicides and fires have taken place. Recently, new users of the dorozoku map have tried to log public nuisance complaints in Taiwan, Portugal, Germany and Britain, but postings are limited to Japan for legal reasons.

The mapping site does not permit comments directly targeting private residences or schools, but it does allow references to unattended children playing on nearby roads, noting that it was ultimately the responsibi­lity of parents and schools to supervise children at all times.

Experts see a growing intoleranc­e toward children at play as some in the country’s aging population become less familiar with the sounds of small children.

Over the years, residents in various districts have campaigned against the constructi­on of nursery schools, even as parents have called for more affordable day care options and economists are worried that people in Japan, which has the oldest population, aren’t having enough babies.

Kobe residents sued a nursery school in 2016 over playground cacophony, but the case was dismissed in 2017.

Public parks are plastered with signs prohibitin­g all sorts of activities in response to nuisance complaints from residents. The Nishi-Ikebukuro Park in Toshima ward in Tokyo, has drawn attention for its bans on 45 different activities, such as skateboard­ing, jumping rope and soccer. A local official said the bans stemmed from a decade’s worth of complaints.

Ko Fujii, founder and chief executive of public affairs agency Makaira and a visiting professor at Tama University’s Center for Rule-making Strategies in Tokyo, noted incidents in recent years in which disgruntle­d commuters harassed mothers who carried babies on public transporta­tion.

The father of two young children, Fujii said that he had plastered a sticker bearing the slogan “We love babies, it’s OK to cry,” in order to show support to fellow parents.

“I think some people are purely just so frustrated with city life that they can become this insidious,” he said.

Japan has seen no shortage of noise disputes between neighbors. A 38-year-old constructi­on worker was stabbed to death at his parents’ apartment in Tokyo in May by a 60-year-old resident of the building, who told police he “could not stand the loud footsteps and voices.”

The “Trump-made-medo-it” defense is already looking like a long shot.

Facing damning evidence in the deadly Capitol siege last month — including social media posts flaunting their actions — rioters are arguing in court they were following then-President Donald Trump’s instructio­ns on Jan. 6. But the legal strategy has already been shot down by at least one judge and experts believe the argument is not likely to get anyone off the hook for the insurrecti­on where five people died, including a police officer.

“This purported defense, if recognized, would undermine the rule of law because then, just like a king or a dictator, the president could dictate what’s illegal and what isn’t in this country,” U.S. District Judge Beryl Howell said recently in ordering pretrial detention of William Chrestman, a suspected member of the Kansas City-area chapter of the Proud Boys.

Chrestman’s attorneys argued in court papers that Trump gave the mob “explicit permission and encouragem­ent” to do what they did, providing those who obeyed him with “a viable defense against criminal liability.”

“It is an astounding thing to imagine storming the United States Capitol with sticks and flags and bear spray, arrayed against armed and highly trained law enforcemen­t. Only someone who thought they had an official endorsemen­t would even attempt such a thing. And a Proud Boy who had been paying attention would very much believe he did,” Chrestman’s lawyers wrote.

Trump was acquitted of inciting the insurrecti­on during his second impeachmen­t trial, where Democrats made some of the same arguments defense attorneys are making in criminal court. Some Republican lawmakers have said the better place for the accusation­s against Trump is in court, too.

Meanwhile, prosecutor­s have brought charges against more than 250 people so far in the attack, including conspiracy, assault, civil disorder and obstructio­n of an official proceeding.

Authoritie­s have suggested that rare sedition charges could be coming against some. Hundreds of Trump supporters were photograph­ed and videotaped storming the Capitol and scores posted selfies inside the building on social media, so they can’t exactly argue in court they weren’t there. Blaming Trump may be the best defense they have.

“What’s the better argument when you’re on videotape prancing around the Capitol with a coat rack in your hand?” said Sam Shamansky, who’s representi­ng Dustin Thompson, an Ohio man accused of stealing a coat rack during the riot.

Shamansky said his client would never have been at the Capitol on Jan. 6 if Trump hadn’t “summoned him there.” Trump, he added, engaged in a “devious yet effective plot to brainwash” supporters into believing the election was stolen, putting them in the position where they “felt the need to defend their country at the request of the commander in chief.”

While experts say blaming Trump may not get their clients off the hook, it may help at sentencing when they ask the judge for leniency.

“It could likely be considered a mitigating factor that this person genuinely believed they were simply following the instructio­ns of the leader of the United States,” said Barbara McQuade, a former U.S. attorney in Michigan who’s now a professor at the University of Michigan Law School.

It could also bolster any potential cases against the former president, experts say.

“That defense is dead on arrival,” said Bradley Simon, a New York City white-collar criminal defense attorney and former federal prosecutor. “But I do think that these statements by defendants saying that they were led on

by Trump causes a problem for him if the Justice Department or the attorney general in D.C. were to start looking at charges against him for incitement of the insurrecti­on.”

Trump spread baseless claims about the election for weeks and addressed thousands of supporters at a rally near the White House before the Capitol riot, telling them that they had gathered in Washington “to save our democracy.” Later, Trump said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotica­lly make your voices heard.”

A lawyer for Jacob Chansley, the shirtless man who

wore face paint and a hat with horns inside the Capitol, attached a highlighte­d transcript of the Trump’s speech before the riot to a court filing seeking Chansley’s release from custody. The defense lawyer, Albert Watkins, said the federal government is sending a “disturbing­ly chilling message” that Americans will be prosecuted “if they do that which the president asks them to do.”

Defense lawyers have employed other strategies without better success. In one case, the judge called a defense attorney’s portrayal of the riots as mere trespassin­g or civil disobedien­ce both “unpersuasi­ve and detached from reality.”

 ?? HAYASHI/THE NEW YORK TIMES 2020
NORIKO ?? A website in Japan describes itself as a guide to help house hunters avoid neighborho­ods inhabited by“stupid parents who let their children play on roads and parking lots.”Above, children play in a park in Tokyo.
HAYASHI/THE NEW YORK TIMES 2020 NORIKO A website in Japan describes itself as a guide to help house hunters avoid neighborho­ods inhabited by“stupid parents who let their children play on roads and parking lots.”Above, children play in a park in Tokyo.
 ?? SUSAN WALSH/AP ?? A bus stop along Pennsylvan­ia Avenue displays a poster from the FBI seeking informatio­n on the Capitol rioters last month in Washington, D.C.
SUSAN WALSH/AP A bus stop along Pennsylvan­ia Avenue displays a poster from the FBI seeking informatio­n on the Capitol rioters last month in Washington, D.C.

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