Waves of Defendants in the U.S. Capitol riot are quoting The election of Donald Trump in requests to delay their criminal charges because of his public promise to pardon a number of people convicted of crimes January 6, 2021.
In lawsuits reviewed by CBS News, attorneys asked federal judges in Washington, D.C., to delay proceedings in some of the cases from Jan. 6 until 2025, when President-elect Donald Trump takes office.
The filings complicate the Justice Department’s ability to complete its case prosecutions – hundreds of which remain active – before the change of power.
William Pope, a January 6 defendant from Kansas, has filed a new request for a stay, blaming the Justice Department for continuing his prosecution. Pope’s filing cited Trump’s re-election, arguing: “Any further action in these cases is not ‘administration of justice’ in the public interest, as the administration claims, but a belligerent disregard for the will of the American people, from which all laws and forms of government arise. power in this country is derived.”
In a new request to delay his sentencing, attorneys for defendant Terry Allen filed a motion saying, “History has shown that President Donald Trump is not shy when it comes to exercising his pardon powers and there is clearly no reason to believe he won’t. as he says.” Allen’s lawyers noted that during Trump’s first term he “pardoned, commuted or expunged the convictions of 237 people” and “[m]They were all controversial.”
Some defendants are citing Trump campaign statements in their new lawsuits. Lawyers for defendant Larry Brock argued that Trump “explicitly campaigned for 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 prosecutions because “they were convicted by a very strict system.” They also quoted Trump’s statements. claim about convicts of January 6: ”[S]Some call them prisoners. I call them hostages… release the J6 hostages, Joe. Let them go, Joe. You can do it very easily, Joe. ”
Brock, a retired U.S. Air Force lieutenant colonel, was accused as he looked through papers on senators’ desks in the middle of the crowd.
Attorney Joseph McBride, who has defended several Jan. 6 suspects, told CBS News that requests would be made “across the board” to delay cases until Trump takes office. “It would be foolish not to,” he said. “The Department of Justice is still arresting people, which is crazy and senseless. The pardon thing is looming. And I don’t think 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 answer the question of what to do with the cases.
“The department will probably say, ‘We’re going to get on with the business,’ and that the discussion about pardons isn’t enough to justify delays,” Fredricksen said.
The Justice Department did not immediately return requests for comment. She has resisted requests for postponement in court cases. In Terry Allen’s case, prosecutors disagreed that continuing the case was justified because “the defendant’s justification is only speculation at this time.”
“The Court should proceed as it would in any other prosecution,” prosecutors argued. “Courts in this jurisdiction have denied similar requests.”
The Department of Justice opposed a request to delay the trial of defendant Stephen Baker, stating: “There is a public interest in the speedy and efficient administration of justice. The government and the Court have tried to realize that interest. The Government does not agree that a continuation of justice is warranted here, and the Court should proceed as it would in any other prosecution.”
But it is expected that the number of requests for postponement will increase significantly. McBride, the New York-based attorney, told CBS News that all defendants in similar circumstances will expect requests. He said lawyers should advocate for all their clients and not simply ask for adjournments for a few.
In his court filing, Pope included a photo of himself standing next to Trump.
“It is now up to the Court to decide whether to pursue judicial remedies by upholding a tax schedule in this case,” the filing said. “Ultimately, I will get the same result with a trial or without a trial.”
The Justice Department has launched more than 1,500 criminal cases in the prosecution of the Capitol siege. About 950 defendants have pleaded guilty, and another 200 were found guilty at trial, according to federal data.
The arrests continue, including new cases revealed in recent weeks.
Fredericksen said a Trump-appointed attorney general could take steps to have the department dismiss pending cases from Jan. 6 — and could choose to reopen and dismiss cases against those already convicted and sentenced to prison.
Scott MacFarlane
