Defense attorneys have labeled the treatment of over 1,200 January 6 defendants as “January 6 Jurisprudence,” citing concerns about the legal system’s use of evidence-tampering statutes, excessive sentences, and the designation of nonviolent offenses as terrorism.
The requirement for defendants to face trial in Washington, D.C., despite concerns of bias, has resulted in few acquittals and led most defendants to opt for plea deals.
The upcoming trial of former President Trump in the same environment raises questions about the possibility of an impartial jury. (Trending: Olympic Gold Medalist Sentenced For Jan 6)
Legal Analyst 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.”
The Sixth Amendment guarantees, among other rights, “the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”
“[The jury] hated us with a passion,” Joseph Biggs, one of the Proud Boys that was convicted.
“They wanted to see us die. One of them said he wanted to see us buried under the jail,” charged Biggs.
Judge Chutkan’s handling of her first jury trial for a Jan. 6 defendant, Russell Alford, also indicates how Trump might fare. Alford was charged in March 2021 with four misdemeanors for his 11-minute nonviolent walk through the Capitol.
Judge Chutkan previously ruled that, “jurors’ political leaning are not, by themselves, evidence that those jurors cannot fairly and impartially consider the evidence presented and apply the law as instructed by the court.”
She added that an, “expanded examination will effectively screen for prejudice among potential jurors in this case.”
Despite arguments for a change of venue, previous cases suggest the odds are against it, as judges have consistently denied such motions, citing national media coverage and the city’s partisan composition.
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