With President-elect Donald Trump's 2024 election victory, many Jan. 6 defendants request trial delays, citing Trump's public promise to consider pardons, while the surge of delay requests complicates the Justice Department's efforts to prosecute hundreds of Capitol riot cases, CBS reported.
Court documents reviewed by CBS News reveal that defense attorneys are appealing to federal judges in Washington, D.C., requesting that cases be postponed until after Trump's inauguration. Some attorneys argue that prosecuting Jan. 6 defendants contradicts public interest in light of Trump's victory, which they see as an endorsement of his stance.
Kansas defendant William Pope, one of those seeking a delay, criticized the Justice Department's pursuit of charges, stating, "Any further action in these cases is not an 'administration of justice' in the public interest… but a belligerent disregard for the will of the American people." Pope's request reflects a broader strategy among defendants to defer cases until Trump's promised pardons could become available.
The requests include references to Trump's past pardoning practices and specific campaign statements about the Jan. 6 convictions. In one case, attorneys for Terry Allen, a defendant awaiting sentencing, stated, "History has shown that President Donald Trump is not shy when it comes to exercising his pardon powers." They highlighted Trump's first-term record, in which he issued 237 pardons and commutations, some of which were contentious.
Larry Brock, a former U.S. Air Force lieutenant colonel, has similarly cited Trump's commitment to addressing the Jan. 6 cases. His attorneys cited Trump's July 2023 interview, in which the former president vowed to "absolutely" consider pardoning those convicted in the cases, describing the convicted individuals as "hostages."
Defense attorney Joseph McBride, representing several Jan. 6 defendants, indicated that these delay requests may become widespread, given Trump's position. "It would be foolish not to," McBride remarked, adding that he expects such requests "across the board" until Trump's potential inauguration. He argued that the continued arrests and prosecutions by the Justice Department are "nuts and pointless," given Trump's pardon promise.
The Justice Department, however, is pushing back, maintaining that trial delays are unwarranted based on speculative future actions. In opposing Allen's request, prosecutors stated that his justification lacks a "sound basis," calling it mere conjecture. Prosecutors have consistently argued that the public is interested in the "prompt and efficient administration of justice" and that trials should proceed as usual.
Over 1,500 individuals have faced criminal charges related to the Capitol riot. Federal records indicate that approximately 950 have pleaded guilty, while an additional 200 have been convicted in trials. Arrests of Jan. 6 participants continue, with several new cases emerging recently.
Former federal prosecutor Scott Fredericksen observed that the Justice Department may soon face a significant dilemma as more defendants seek delays. He noted that a future Trump administration might direct an attorney general to dismiss ongoing Jan. 6 cases or even reexamine and potentially dismiss past convictions.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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