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In the run-up to President-elect Donald Trump’s second term, two federal courts decided on January 6 to postpone criminal prosecutions for a number of people accused of trespassing on the U.S. Capitol.
On January 6, two federal courts decided to postpone criminal hearings for several people accused of trespassing on the U.S. Capitol due to President-elect Donald Trump’s impending second term.
The proceedings will wait until after Trump’s inauguration, according to circuit court justices Carl Nichols and Rudolph Contreras, who were both appointed by Trump and Obama, respectively. The judges reasoned that if Trump takes over as president and head of the Department of Justice, he might cancel the cases and pardon individuals who were convicted.
Judges have now accepted the pleas of Jan. 6 defendants to postpone their cases in anticipation of possible Trump pardons for the first time, Fox News reported.
Contreras said it would be a waste to summon a jury and use taxpayer funds when there is a “real possibility” of a Trump pardon. He postponed the trial scheduled for defendant William Pope until late February.
“I’m focused on conservation of the resources of the parties, the court, and citizens,” Contreras said.
The Supreme Court’s June decision has already resulted in Pope’s felony obstruction charge being withdrawn. He is currently facing minor charges. December was the date of his trial.
Nichols postponed the trials of three further individuals accused with minor trespassing on January 6. After asking federal prosecutors if they anticipated the trial would proceed under the Trump administration, he made the decision. Prosecutors were unable to provide a guarantee, so Nichols decided to postpone the trial until April.
Marina Medvin, an attorney representing two of the defendants in Nichols’ court, said that “as soon as the prosecutor asked for a trial date, Judge Nichols confronted her on whether she could assure the court that this matter would be moving forward to trial once the new administration takes office.”
“Of course, the prosecutor could make no such assurances,” she said.
Special Counsel Jack Smith is in a precarious position now that President-elect Donald Trump has defeated Vice President Kamala Harris.
The special counsel made a request to the court on Friday to get rid of all deadlines in his case against the president-elect that signals the winding down of his case, CNN reported.
“As a result of the election held on November 5, 2024, the defendant is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025. The Government respectfully requests that the Court vacate the remaining deadlines in the pretrial schedule to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy,” prosecutors said to federal District Judge Tanya Chutkan.
“By December 2, 2024, the Government will file a status report or otherwise inform the Court of the result of its deliberations,” they said.
But now Smith is the one on the hot seat as House Judiciary Chairman Jim Jordan and Republican Rep. Barry Loudermilk, who is in charge of the investigation into the annuary 6 Committee, have sent him a letter instructing him to save his records.
And Republican Rep. Wesley Hunt spoke to conservative podcaster Benny Johnson and said that Smith could be the one headed to prison.
“Jack Smith is going to be the first person on this list. If he doesn’t show up to Congress then he will be in jail. They put Steve Bannon in jail. Those are the rules,” he said.
