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A federal judge has rejected a request from a Jan. 6 defendant to delay a trial over her role in the Capital riot after House Speaker Kevin McCarthy (R-Calif.) released thousands of hours of surveillance video footage to Fox News host Tucker Carlson.
The request for a delay was made in the context of first allowing the 44,000 hours of footage to be reviewed. According to Politico, U.S. District Court Judge James Boasberg, an Obama appointee, has acknowledged that the request made by the defendant, Sara Carpenter, is not a frivolous one. However, the judge also noted that the defense has not provided sufficient clarification as to why any additional footage would be considered exculpatory.
Carpenter, a former NYPD officer, is currently facing two felony charges related to her alleged involvement in the Capitol riot, Fox News noted, citing the Politico report.
The soon-to-be Washington D.C. chief district court judge cautioned against delaying the trials of defendants, including Carpenter, who are facing charges related to the January 6th Capitol riot. Boasberg argued that reviewing Capitol and police surveillance footage from McCarthy’s office could potentially derail multiple trials scheduled in the upcoming months.
Prosecutors have stated that they have already provided Carpenter with a substantial amount of closed-circuit television footage, documenting her presence inside the Capitol building for a duration of 34 minutes, with only a few seconds unaccounted for, Fox News noted, adding that they don’t have any idea what footage McCarthy has released.
“We don’t have what the speaker has,” Assistant U.S. Attorney Christopher Cook said during Friday’s hearing, according to Politico. “In any case, there’s always the possibility some information may be out there.”
Fox News added:
In 2021, Capitol police already shared some 14,000 hours of footage – including the hours of noon to 8 p.m. on Jan. 6 – to Trum House impeachment managers and two House committees investigating the riot that interrupted Congress certifying Joe Biden’s presidential victory.
In requesting a 60-day delay in the trial, Carpenter’s attorneys argued some of McCarthy’s footage might help fill the “gaps” and provide more context to the defendant’s actions inside the Capitol.
The Justice Department has been tasked with bringing charges against over 950 defendants in connection with the January 6th, 2021 Capitol riot. As part of their obligations, prosecutors are required to disclose any potentially exculpatory evidence to the defendants. However, there may be limitations when dealing with another agency, such as the Capitol Police, which falls under Congress’ jurisdiction, or if the court determines that the government has acted in good faith in turning over all possible materials.
To date, the Justice Department has already cited a substantial amount of video evidence, including footage from Capitol security cameras, police body cameras, and recordings captured by journalists and protesters themselves, amounting to hundreds of hours worth of evidence, the network reported.
Fox News said it’s not known whether the DOJ plans to review the footage captured by McCarthy’s office in connection with the January 6th Capitol riot.
Many other defendants facing charges related to the riot, including those affiliated with the Proud Boys and accused of seditious conspiracy, have expressed concerns about how the extensive footage will impact their cases, the report said.
In response to these concerns, Republican Rep. Barry Loudermilk of Georgia, who serves as the chairman of the House Administration Committee’s oversight subcommittee, has reportedly stated that the footage captured by McCarthy’s office will be made available to defendants on a case-by-case basis to ensure that they receive due process.
Last month, McCarthy honored a pledge made to Republican holdouts during his bid for Speaker to release all of the surveillance footage, and he kept the promise by releasing it to Carlson.
Axios co-founder Mike Allen reported: “Carlson TV producers were on Capitol Hill last week to begin digging through the trove, which includes multiple camera angles from all over Capitol grounds. Excerpts will begin airing in the coming weeks.”
Shortly afterward, several media organizations sent House leadership a letter demanding equal access to the footage.
