Waves of U.S. Capitol riot defendants are citing Donald Trump’s election in requests to delay their criminal prosecutions because of his public pledge to pardon some of the people convicted of crimes on Jan. 6, 2021.
In court filings reviewed by CBS News, defense attorneys asked federal judges in Washington, D.C., to postpone proceedings in some of the Jan. 6 cases until 2025, when President-elect Donald Trump takes office.
The filings complicate the Justice Department’s ability to conclude its prosecutions — hundreds of which remain active — before the changeover in power.
William Pope, a Jan. 6 defendant from Kansas, has filed a new request for a delay, blistering the Justice Department for continuing apace with his prosecution. Pope’s filing cited Trump’s reelection, arguing, “Any further action in these cases is not an ‘administration of justice’ in the public interest as the government claims, but a belligerent disregard for the will of the American people, from which all law and governmental power in this country is derived.”
In a new request to delay his sentencing, defendant Terry Allen’s attorneys 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 do as he says.” Allen’s attorneys noted that in Trump’s first term, he “pardoned, commuted, or rescinded the convictions of 237 people,” and “[m]any were controversial.”
Some defendants are quoting Trump’s campaign statements in their new court filings. Attorneys for defendant Larry Brock argued that Trump “explicitly campaigned on 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’d “‘absolutely’ pardon those convicted in the January 6th prosecutions because ‘they were convicted by a very tough system.'” They also quoted Trump’s claim about Jan. 6 convicts: “‘[S]ome call them prisoners. I call them hostages…release the J6 hostages, Joe. Release them, Joe. You can do it real easy, Joe.'”
Brock, a retired U.S. Air Force lieutenant colonel, was accused of rifling through papers on the desks of senators while amid the mob.
Defense attorney Joseph McBride, who has defended several Jan. 6 criminal defendants 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 Justice Department Is still arresting people, which is nuts and pointless. The pardon thing is looming. And I don’t think any of these prosecutions will continue beyond (Trump taking office).”
Former federal prosecutor Scott Fredericksen told CBS News he thinks the Justice Department is going to be forced to confront the question of what to do with the cases.
“The department will probably say, ‘We’re going to continue with the cases,’ and that the discussion of pardons is not sufficient to warrant delays,” Fredricksen said.
The Justice Department didn’t immediately return requests for comment. In court filings, it has opposed requests for delays. In the case of Terry Allen, prosecutors disagreed that a continuance of the case was warranted because “the defendant’s justification at this time is mere speculation.”
“The Court should proceed as it would in any other prosecution,” prosecutors argued. “Courts in this jurisdiction have denied similar motions.”
Opposing a request to delay the trial of defendant Stephen Baker, 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 deliver that interest. The government disagrees that a continuance is warranted here, and the Court should proceed as it would in any other prosecution.”
But the numbers of delay requests are expected to grow significantly. McBride, the New York-based defense attorney, told CBS News requests are expected by all similarly situated defendants. He said defense attorneys must argue for all of their clients and may not “pick and choose” to ask for delays only for some.
In his court filing, Pope included a photo of himself standing next to Trump.
“It is now up to the Court to decide if it wishes to expend judicial resources by enduring a taxing schedule in this case,” the filing said. “Ultimately, I will get the same result with a trial or with no trial.”
The Justice Department has launched over 1,500 criminal cases in its prosecution of the Capitol siege. According to federal records, approximately 950 defendants have pleaded guilty, and 200 more have been found guilty at trial.
Arrests continue, including new cases unsealed over the past few weeks.
Fredericksen said a Trump-appointed attorney general could move to have the department dismiss pending Jan. 6 cases — and could opt to reopen and dismiss cases against those who have already been convicted and sentenced to prison.
