Judge Slaps Down January 6 Insurrectionist’s Pathetic Trump Defense
It’s not going well for January 6 rioters in court, even after Donald Trump’s election victory.
Another judge has ruled against a January 6 defendant attempting to have his sentence delayed until Donald Trump is sworn in as president.
On Wednesday, Judge Jia Cobb denied a motion to delay Antonio Lamotta’s sentence. The 2021 insurrection participant was sentenced in September to six months in prison, 24 months in supervised release, and $2,000 in restitution, after being found guilty of a felony and two misdemeanor offenses of disorderly conduct in a Capitol building. Citing the possibility of a presidential pardon from Trump after his election victory, Lamotta hoped Cobb would delay his sentence, but the judge said that wasn’t a valid reason, citing legal precedent.
“Defendant has pointed to no authority supporting his request to delay a valid sentence on the grounds that he may receive a presidential pardon in the future,” Cobb wrote in her ruling.
Another D.C. federal judge, Amy Berman Jackson, also denied a January 6 participant’s case on Tuesday, ruling, “The Court is not inclined to postpone the conclusion of this matter based on events that may or may not transpire with respect to some or all of the January 6 defendants at some unspecified date in the future.”
Several January 6 defendants have attempted to delay their trials and sentencing, claiming that Trump will just pardon them anyway after he is sworn in on January 20 next year. Some have even cited Trump’s statements during his campaign in their legal motions. But the D.C. Circuit Court judges in their cases seem unconvinced. On Monday, a Trump-appointed judge, Trevor McFadden, also denied a January 6 defendant’s request to have their trial extended.
There have been over 1,500 federal criminal cases in the January 6, 2021, Capitol insurrection, with about 950 defendants pleading guilty and 200 being found guilty at trial. Several cases are still pending, and some may not begin proceedings between now and Trump’s inauguration. If Trump follows through on his promise to pardon some rioters, many of their cases may never see the inside of a courtroom.