Defense attorneys have coined the term “January 6 Jurisprudence” to describe the treatment received by the more than 1,200 defendants arrested so far in connection with the events of Jan. 6, 2021. This carve-out legal system involves the unprecedented and possibly unlawful use of a corporate evidence-tampering statute; excessive prison sentences and indefinite periods of pretrial incarceration; and the designation of nonviolent offenses as federal crimes of terrorism.
A universal feature is the requirement that a Jan. 6 defendant, usually a supporter of Donald Trump, face trial in Washington, D.C., a city overwhelmingly populated by Democrats. Federal judges have denied every change of venue motion filed in Jan. 6 cases, arguing those who protested at the Capitol can get a fair trial in the nation’s capital.
The results so far appear to contradict the court’s collective conclusion. Court records show the jury selection process has repeatedly revealed a strong degree of bias against anyone tied to Jan. 6. At least 130 defendants have been convicted at trial – not one has been acquitted by a jury – and hundreds have been sentenced to prison time ranging from seven days to 22 years. Defense lawyers say this track record helps explain why the vast majority of defendants have opted for a plea deal rather than go to trial.
This is the same environment that now awaits the former president as he prepares to stand trial in Washington on March 4, 2024 for election interference, in addition to an array of criminal and civil cases against him elsewhere.
While Special Counsel Jack Smith’s team and Trump’s counsel spar over a number of issues, perhaps the biggest dispute will concern whether it will be possible to seat an impartial jury for the presumptive 2024 GOP nominee in a city that voted 92% for Joe Biden in 2020.
After Smith indicted Trump in August, a Jan. 6 defense attorney who is not representing the former president, J. Daniel Hull, told the New York Times that Washington “is the worst possible place for any Jan. 6 defendant, but especially Donald Trump, to have a trial.”
By Julie Kelly
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