Several Jan. 6 rioters facing charges for their actions during the assault on the Capitol are seeking delays similar to the one that President-elect Donald Trump got after being elected, expecting more lenient treatment in his administration.
However, the Department of Justice (DOJ) has swiftly rebuked the pursuits, saying that Special Counsel Jack Smith's decision to pause his prosecution of Trump is no reason to do the same for others.
One such case involved defendant Stephen Baker, whose lawyer said that denying such a motion "in the face of the Justice Department's official position (in the Trump case) would run contrary to the interests of justice and likely subject the defendant to criminal convictions for no purpose other than expediency."
Prosecutors rejected the argument, saying that Trump's case is an 'unprecedented circumstance' of a criminal defendant being 'expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025.' The need to 'determine the appropriate course going forward consistent with Department of Justice policy,' is not similarly implicated in this case, where the defendant is a private citizen."
Judges have so far been striking down requests to delay the cases of Jan. 6 rioters. Another recent case is that of a former New York City Council who had his petition denied late last week.
"Despite the recent election, the Court continues to conclude that the Court's voir dire procedures will be adequate to screen out potential jurors who cannot be fair and impartial. To mitigate the risk of prejudice to the defendant, the Court will add a question to its general voir dire questions and ask the jurors follow up questions as appropriate," reads a passage of the judge's ruling on the case of Mitchell Bosch.
Bosch was arrested in February of this year and charged with felony offenses or civil disorder and assaulting, resisting, or impending authorities, as well as other misdemeanors including engaging in physical violence in the Capitol building or grounds. He had already been arrested at anti-vaccine protests.
Trump has praised rioters in several occasions, complaining about the treatment they received after the incidents. He has also said he will pardon individuals involved, especially those who were nonviolent, Huffpost reported.
Another rioter who has sought a similar outcome is Christopher Carnell. His lawyers filed on Wednesday a motion to delay all court proceedings until after Trump takes office, claiming clemency could resolve his case. His request was also rejected.
The DOJ is winding down the two federal criminal cases against Trump before he takes office for his second term. The move answers to a longstanding policy of not prosecuting a sitting president.
Officials are aware that they don't have time to prosecute the two cases brought against Trump: the one investigating his role in the attempt to overturn the 2020 presidential election on January 6, 2021, and the classified documents one.
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