waves of US Capitol riot defendants are citing Donald Trump's election A request to delay his criminal trials due to his public pledge to pardon some people convicted of crimes January 6, 2021,
In court filings reviewed by CBS News, defense lawyers asked federal judges in Washington, D.C., on Jan. 6 to postpone proceedings in some of the cases until 2025, when President-elect Donald Trump will take office.
The filing complicates the Justice Department's ability to draw conclusions prosecution – hundreds of which remain active – before the change of regime.
Jan. 6 defendant William Pope of Kansas has filed a new request for a delay, prompting a blow to the Justice Department to fast-track his prosecution. Pope's Citing Trump's re-election, the filing argued, “Any further action in these cases is not an 'administration of justice' in the public interest as the government claims, but rather a flagrant disregard for the will of the American people.” , from which all law and governmental power is derived.”
Lawyers for defendant Terry Allen in a new request to delay his sentencing filed a motion “History has shown that President Donald Trump has not been shy when it comes to using his pardon powers, and there is no reason to believe he won't do as he says he will,” he said. Allen's lawyers said that in Trump's first term, he “pardoned, commuted or vacated the sentences of 237 people,” and “[m]All were controversial.”
Some defendants are quoting statements from the Trump campaign in their new court filings. Attorneys for defendant Larry Brock argued that Trump “clearly campaigned on justice for the January 6 defendants.” He cited Trump's July 31 interview with the National Association of Black Journalists, in which he said he would “absolutely” pardon the people convicted in the January 6 indictment because “they were tried by a very, very strict system.” Was convicted.'” He also quoted Trump's interview. Claim about the culprits of January 6: “'[S]Some people call them prisoners. I call them hostages…J6 Release the hostages, Joe. Release them, Joe. You can do it very easily, Joe.”
Brock, a retired US Air Force lieutenant colonel, was accused of tearing up papers on senators' desks amid the crowd.
Defense attorney Joseph McBride, who has defended several criminal defendants on January 6, told CBS News that there will be requests “across the board” to delay the cases until Trump takes office. “It would be foolish not to do so,” he said. “The Justice Department is still arresting people, which is crazy and meaningless. There's talk of pardons coming up. And I don't think any of these prosecutions will continue after (Trump takes office).”
Former federal prosecutor Scott Fredericksen told CBS News he thinks the Justice Department will be forced to confront the question of what to do with the cases.
“The department will probably say, 'We'll continue to pursue cases,' and discussion of a pardon is not enough to warrant a delay,” Frederickson said.
The Justice Department did not immediately respond to requests for comment. In court filings, it has opposed requests for delays. In the case of Terry Allen, prosecutors disagreed that it was necessary to continue the case because “the defendant's alibi remains speculative at this time.”
Prosecutors argued, “The court should proceed like any other prosecution.” “The courts in this jurisdiction have rejected similar motions.”
Opposing defendant Stephen Baker's request to delay the trial The Justice Department argued“There is a public interest in the prompt and efficient administration of justice. The Government and the Court have endeavored to satisfy that interest. The Government disagrees that continuity is required here, and the Court would proceed like any other prosecution Needed .”
But the number of delay requests is expected to increase significantly. McBride, a New York-based defense attorney, told CBS News the pleas are expected by all defendants in similar circumstances. He said defense lawyers should argue for all of their clients and not “pick and choose” to seek a delay for only a few.
In his court filing, the Pope included a photo of himself standing next to Trump.
“It is now up to the Court to decide whether it wishes to expend judicial resources upholding the tax assessment in this case,” the filing said. “Ultimately, I would get the same results with or without testing.”
The Justice Department has launched more than 1,500 criminal cases in the prosecution of the Capitol siege. According to federal records, about 950 defendants have pleaded guilty, and 200 others have been found guilty at trial.
Arrests continue, including in new cases that have emerged over the past few weeks.
Frederickson said Trump-appointed attorneys general could move to dismiss pending cases from the department as soon as Jan. 6 — and could choose to reopen and dismiss cases against people who have already been convicted. and has been sentenced to jail.
