January 6 Rioters Lose Their Get Out of Jail Free Card—for Now
The Justice Department has rejected January 6 insurrectionists’ new defense after Donald Trump’s election victory.
January 6 protesters are learning the hard way that their fearless leader plays by a different set of rules than they do.
The Justice Department on Monday rejected requests from several January 6 defendants who tried to have their cases tossed out, on the grounds that special counsel Jack Smith paused his prosecution of President-elect Trump’s incendiary actions on January 6 after his election win.
“The defendant’s citation to Special Counsel Jack Smith’s motion to vacate a briefing schedule in the matter of United States v. Trump … is inapposite,” Assistant U.S. Attorney Isia Jasiewicz wrote in acknowledgment of a defendant’s extension request.
“That motion refers to the ‘unprecedented circumstance’ of a criminal defendant being ‘expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025.’ The need to ‘determine the appropriate course going forward consistent with Department of Justice policy,’ is not similarly implicated in this case, where the defendant is a private citizen.”
January 6 defense attorneys have called foul on their cases, noting the inconsistencies in how the special counsel is handling January 6 for the president-elect compared to his followers. But just because you and Trump both committed crimes on the same day doesn’t mean you get to be prosecuted in the same way. At least for the remaining few months that Merrick Garland is still in charge of the Justice Department.