The Justice Department’s most notorious criminal trials to get out of the Capitol attack have been delayed as lawyers and defense lawyers representing some members of the extremist group Prod Boys argued that key evidence gathered by a congressional committee investigating the uprising was not shared with them. .
Five members of the Pride Boys, including Henry “Enrique” Terio, the group’s former chairman, were scheduled to stand trial on treason charges in early August, but U.S. District Judge Timothy Kelly moved the case to Dec. 12, citing ongoing work on Wednesday. Special House panel investigating the January 6, 2021 attack.
Last week, judicial officials renewed a call for transcripts documenting the testimony of more than 1,000 witnesses in a congressional hearing, saying the lack of access “complicates the department’s ability to investigate and prosecute those involved in the January 6 attack.”
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The request, outlined in a June 15 letter to the committee and filed in connection with the Proud Boys Prosecution, was an echo of an earlier call for witness testimony that has so far been rejected by the panel.
“As you know, the grand jury investigation is not public and therefore the special committee does not know and does not know the identities of all the witnesses who have information related to the department’s ongoing criminal investigation,” the judge said in the request.
The letter was signed by Matthew Graves, a U.S. attorney in Washington, D.C., who oversaw the Jan. 6 criminal investigation, along with the heads of Justice’s National Security and Criminal Division.
“Furthermore, it is important that the department be able to evaluate the credibility of witnesses who have made statements to multiple government agencies to evaluate the strength of any criminal proceedings and to ensure that all relevant evidence is considered during the criminal investigation.”
Three defendants joined the government in support of the delay, but not specifically Terio.
In a filing in court Wednesday, Tarion’s lawyers argued that his client had been falsely accused and that it was impossible for an impartial jury to sit in Washington, D.C.
“Terio believes that an impartial jury will never be received in Washington DC, whether the trial is in August, December or next year,” the court said in a filing. “After reviewing the search for countless hours of evidence of terabytes on terabytes, not a single centila of evidence exists that terio participated in any kind of conspiracy or criminal malpractice, the exact opposite is true.”
Terio, additional charges against others
Earlier this month, federal prosecutors advanced their case against the group, unveiling new charges of conspiracy to commit treason against Terio and the four top accomplices allegedly involved in the attack.
The new charges are based on a previous conspiracy case against members of the group, accused of conspiring to withhold President Joe Biden’s election credentials.
“On January 6, 2021, defendants led, assembled, and led mob members to and from the Capitol Grounds, causing metal barricades to be demolished, property destroyed, the Capitol building breached, and attacks on law enforcement enforced,” the plaintiffs said. “During and after the attack, Terio and his co-defendants claimed credit for what happened on social media and in the encrypted chat room.”
While Terio was not at the Capitol on Jan. 6, prosecutors say the former leader helped direct the group’s efforts.
The paramilitary group Oth Keepers, including leader Stuart Rhodes, was the first to be charged with the rare use of treason in connection with the Jan. 6 case in a conspiracy to block the transfer of power.
Since the Oath Keepers case was filed in January, three members of the group have pleaded guilty and agreed to co-operate in the government’s investigation.