I think they're making the right argument for the people that they need to be on the jury (I'll admit that in some ways they've done that poorly). For the prosecution, this case was never going to be won on the facts with a neutral, unbiased jury. Their hope has to be that enough jurors have a bias against someone who would show up to a protest with an AR that they can win at least on the lesser reckless endangerment charge. That's why Binger says "AR15" every chance he gets.