What a dunce he has for a lawyer. His attempted "defense" as asserted is an admission of insurrection conspiracy, unfortunately for him, if the judge were to query him and have him affirm that he would be otherwise eligible for relief under the statute, then he's effectively pleading guilty but, here's the kicker as to why it's not a well thought out defense, the statute only applies to civil war confederates, clearly he doesn't qualify. Poor baby!
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