WASHINGTON – A federal judge delayed a Jan. 6 trial set for August involving members of the Proud Boys, quoted from the work of the House Committee investigating the attack on the American Capitol.
Judge Timothy J. Kelly said during a hearing on Wednesday that he would “reluctantly” resume the trial after several suspects sought the delay due to the publicity surrounding the Jan. 6 committee work. The Ministry of Justice agreed to the request for delay and stated in an application that the trial should be postponed until August until December.
The case concerns several Jan. 6 suspects linked to the Proud Boys: Ethan Nordean, Joseph Biggs, Zachary Rehl, Enrique Tarrio, and Dominic Pezzola. Tarrio, Nordean, Biggs, Rehl and Pezzola all face inciting accusers of conspiracy. Charles Donohoe, who was a co-suspect, pleaded guilty in April to conspiracy to obstruct an official procedure and also to attack, displace or obstruct officers; he went in to work with the government.
Given the prominence of the Proud Boys in the public television hearings of the Committee and the performance of various Proud Boys members in publicly broadcast videotape positions (e.g. Tarrio), it is reasonably foreseeable that information relevant to the guilt (or innocence) of the suspects could soon be released to the parties and the public, “DOJ lawyers wrote.
“If the trial did not proceed in this case, the parties in this case could find themselves in the unusual position of instituting criminal proceedings at the same time as the release of a congressional report that likely includes robust descriptions of the criminal behavior of the suspects. . “
Kelly said he would not accept a major delay between jury selection and opening statements. If the process continues in December, he said, both parties should be ready to make opening statements and not wait until after the holidays.
Kelly said that, based on what he read, the Jan. 6-commission could change its plan “at any time”. The commission announced on Wednesday that the hearings scheduled for June had been postponed until July.
“We’ll have to play it by ear,” Kelly said.
Tarrio, the former chairman of the Proud Boys, was the stranger, even though most suspects said delaying the process was in their best interest.
“Tarrio is of the opinion that an impartial jury will never be heard in Washington DC, whether the trial is in August, December or next year,” his Florida-based attorneys Sabino Jauregui and Nayib Hassan wrote in a memo. “Of the hundreds of people accused in the January 6 incident, Tarrio is the only person who did not agree. Tarrio is innocent of all the accusations made in the indictment and every day that he is being held in prison. It is a travesty of justice. Delayed justice is denied justice. “
More than 825 suspects have been arrested by the FBI in connection with the Jan. 6 attacks, and more than 300 have pleaded guilty. Hundreds of additional cases are in the works.