A federal judge on Thursday agreed to delay a trial set for next month for a US Capitol riot defendant, saying there is a “real possibility” that President-elect Donald Trump could pardon him after taking office next year.
William Pope had been set to go on trial early next month for several misdemeanor charges stemming from his involvement in the January 6, 2021, Capitol attack, but days after Trump’s reelection last week, he asked the judge to postpone the trial until after Trump takes office, citing his campaign pledge to pardon some people who took part in the attack.
US District Judge Rudolph Contreras, a Barack Obama appointee, said during a hearing Thursday that there is a “real possibility” Trump will eventually pardon Pope.
Contreras said that the “conservation of resources” warranted holding off on the impending trial since going through jury selection would be a “significant burden”on the public as well as the court if a trial began only for Trump to later pardon Pope.
When a Justice Department attorney argued that the possibility of a pardon “is not a significant reason” to put off the trial and brought up the fact that other judges in Washington, DC, have recently been denying requests by January 6 defendants to delay proceedings in their cases, Contreras said a multi-day trial is much different than sentencing hearings, which have continued in the wake of Trump’s win.
No new trial date has been set and the parties are planning to reconvene in mid-December to search for a new date for next year.
In his request last week to postpone the trial, Pope pushed a slew of reasons as to why he thought Contreras should move the trial, including the pardon possibility and the fact that he doesn’t think he could get a fair jury in Washington, DC, which voted overwhelmingly for Vice President Kamala Harris.
A slew of January 6 defendants have been raising Trump’s reelection as they’ve sought to delay any new action in their cases, but judges have largely declined to change course given the election results.
Another judge in DC, Paul Friedman, said on Thursday that delaying January 6 rioters’ sentencings wouldn’t happen in his courtroom after two defendants asked to postpone their hearing set for next month.
“Whatever the President-elect may or may not do with respect to some of those convicted for their conduct at the Capitol on January 6, 2021, is irrelevant to the Court’s independent obligations and legal responsibilities under Article III of the Constitution,” Friedman, a Bill Clinton appointee, wrote in a brief ruling.
CNN’s Katelyn Polantz contributed to this report.
