The Justice Division urged a federal choose to reject requests from associates of the Oath Keepers to hold off their demo and to go it exterior Washington, D.C., arguing statements designed by the Jan. 6 congressional committee are irrelevant to a reasonable demo.
“The Courtroom really should deny the defendants’ movement for a continuance. The defendants’ litany of grievances about the Property Choose Committee to Examine the January sixth Assault on the United States Capitol’s hearings do not justify a continuance in this circumstance,” the DOJ claimed Tuesday. “The Courtroom has 2 times denied the defendants’ motions to alter location. Situations have not modified.”
The DOJ introduced in January that Oath Keepers chief Stewart Rhodes and ten other people ended up billed with seditious conspiracy connected to the Capitol riot of Jan. 6, 2021.
Prosecutors pointed out on Tuesday that the defendants have argued for a continuance or for a demo spot exterior of Washington, D.C., with the Oath Keepers pointing in aspect to the “highly inflammatory and prejudicial hearings” performed by the Property pick out committee. The defendants have also argued that the District of Columbia is “heavily-biased” and “anti-Trump” and that this would produce a prejudiced jury pool. The DOJ claimed this was “without proof.”
Protection attorneys have argued their clientele have been prejudiced by associates of the Jan. 6 committee referring to the Capitol riot as an “insurrection.”
But the DOJ claimed “several judges have by now observed that what the rioters did at the Capitol on January 6 was an insurrection,” which include a single choose describing rioters as persons who experienced “participated in the insurrection,” although yet another choose claimed that a convicted defendant experienced participated in an “insurrection at the United States Capitol.”
“The defendants’ allegations about specified statements or steps designed by Choose Committee associates or witnesses are inaccurate or irrelevant, or equally,” the DOJ instructed the choose, arguing that “a assertion from a congressperson through a congressional listening to making use of the similar term has no influence on no matter if this demo really should be ongoing or moved.”
The Capitol riot committee subpoenaed Rhodes in November. For a yr, prosecutors consistently referred to “Person 1,” effortlessly identifiable as Rhodes, in their circumstances in opposition to Oath Keepers associates.