Waves of Jan. 6 defendants cite Trump election in request to delay cases
wave U.S. Capitol riot defendant Quoting The election of Donald Trump Asked to delay criminal prosecutions of some convicted men due to his public commitment to pardon them January 6, 2021.
In court documents reviewed by CBS News, defense attorneys asked a federal judge in Washington, D.C., to delay proceedings in part of the case that occurred on Jan. 6 until 2025, when President-elect Donald Trump is inaugurated.
The documents complicate the Justice Department’s ability to draw conclusions sue – Before the change of power, hundreds of them were still active.
On Jan. 6, defendant William Pope of Kansas filed a new extension request, expressing anger that the Justice Department was continuing to quickly prosecute him. papal Citing Trump’s re-election, the document said “any further action in these cases is not the administration’s purported ‘administration of justice’ in the public interest, but a belligerent disregard for the will of the American people, all laws and government Power is derived from the will of the American people.” “
Lawyers for defendant Terry Allen in new request to delay sentencing Make a motion “History shows that President Donald Trump has not been shy in exercising his pardon power, and there is clearly no reason to believe that he will not do what he says he will do.” Allen’s attorney noted that during Trump’s first term, He “pardoned, commuted or vacated the convictions of 237 people,” and “none of them is controversial.”
Some defendants cited Trump’s campaign statements in new court filings. Lawyers for defendant Larry Bullock argued that Trump “clearly sought justice for the January 6 defendants.” They cited Trump’s July 31 interview with the National Association of Black Journalists, in which he said he would “‘absolutely’ pardon those convicted in the January 6 indictments because ‘they were extremely ‘A tough system to convict.'” They also quoted Trump saying about the prisoners on January 6: “‘Some people call them prisoners. I call them hostages… Release the J6 hostages, release them, Joe. Joe. You can do it easily, Joe'”
Bullock, a retired U.S. Air Force lieutenant colonel, is accused of rummaging through documents on senators’ desks during the mob.
Joseph McBride, a defense attorney who represented several criminal defendants on January 6, told CBS News that a request would be made “across the board” to delay the case until before Trump takes office . “It would be foolish not to,” he said. “It’s crazy and pointless that the Department of Justice is still arresting people. Pardons are imminent. And I don’t think any of these prosecutions will continue after Trump is in office.”
Former federal prosecutor Scott Fredrickson told CBS News he believes the Justice Department will be forced to confront the question of how to handle these cases.
“The department may say, ‘We’re going to continue working on these cases,’ and discussions of pardons are not enough to warrant a delay,” Fredrickson said.
The Justice Department did not immediately respond to a request for comment. In court filings, it opposed the request for a postponement. In Terry Allen’s case, prosecutors refused to proceed because “the defendant’s current defense is speculative.”
“The court should proceed as it would any other prosecution,” prosecutors argued. “Courts in this jurisdiction have denied similar motions.”
Opposing a request to postpone the trial of defendant Stephen Baker, The Justice Department argued“The timely and effective administration of justice is in the public interest. The government and the courts have worked hard to achieve this interest. The government does not agree to continue the trial in this case, and the court should proceed as in any other prosecution.”
But the number of delayed requests is expected to grow significantly. McBride, a defense attorney in New York, told CBS News that all defendants in similar situations would enter the plea. He said defense attorneys must defend all clients and cannot “pick and choose” requests for extensions for only certain clients.
Pope included a photo of himself standing next to Trump in the court filing.
“It will now be up to the court to decide whether it is willing to expend judicial resources by complying with the levy plan in this case,” the filing said. “Ultimately, I would have reached the same result with or without a trial.”
The Justice Department has filed more than 1,500 criminal cases in its prosecution of the Capitol siege. About 950 defendants have pleaded guilty and another 200 were found guilty at trial, according to federal records.
Arrests continue, including new cases announced over the past few weeks.
Frederiksen said the Trump-appointed attorney general may ask the Justice Department to dismiss cases pending on Jan. 6 and may choose to reopen and dismiss cases against those who have been convicted and sentenced to prison. .
