As Donald Trump prepares to go back to the White House, a Jan. 6 defendant is asking a judge to postpone some aspects of his case, probably taking into account that the now president-elect has said in the past that one of his first acts as President will be to "free" people convicted for their roles in the attacks on the U.S. Capitol.
In between the hundreds of people prosecuted for their roles in the Jan. 6 riot is Christopher Carnell. He was found guilty earlier this year of obstruction of an official proceeding, considered a felony, as well as misdemeanor charges such as entering and remaining in a restricted building or grounds and disorderly and disruptive conduct, between others.
Trump has described the hundreds of people involved in the riots as "unbelievable patriots," and promised to treat them "fairly." He added that, if they require pardons, "we will give them pardons because they are being treated so unfairly."
By holding onto Trump's promises, Carnell's attorneys requested on November 6 that D.C. District Judge Beryl Howell delay a status hearing in his case scheduled for later this week, citing Trump's past promises to pardon his supporters.
"Throughout his campaign, President-elect Trump made multiple clemency promises to the January 6 defendants, particularly to those who were nonviolent participants," the document said. "Mr. Carnell, who was an 18 year old nonviolent entrant into the Capitol on January 6, is expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office."
Carnell's lawyers wrote that the defendant is "awaiting further information from the Office of the President-elect regarding timing and expected scope of clemency actions relevant to his case." But despite the requests, Judge Howell denied it in an order written the same day, telling Carnell the hearing would remain scheduled for November 8.
President-elect Trump has said he would pardon rioters but has not specified how many of them would be included in such a measure. "I can't say for every single one, because a couple of them, probably they got out of control," he said last year.
More than 1,500 people have been arrested or charged with federal crimes in connection with the riot and more than 1,000 have been convicted. The number includes more than 150 people charged with assaulting police officers and 127 people accused of using a deadly or dangerous weapon or causing serious bodily injury to an officer, according to the U.S. Department of Justice.
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