Judges are allowing some Capitol riot defendants to return to Washington for Trump’s inauguration

Author: MICHAEL KUNZELMAN

WASHINGTON (AP) – Thousands of Donald Trump supporters stormed the US Capitol after losing the 2020 presidential election. Four years later, some of them may return to the capital to celebrate Trump’s return to the White House.

At least 20 defendants charged or convicted of joining the attack on the Capitol on Jan. 6, 2021, have asked federal judges for permission to attend President-elect Trump’s second inauguration on Monday in Washington, according to an Associated Press review of court records. .

Most can leave. A few others can’t.

In most cases, Justice Department prosecutors have argued that Capitol riot defendants should not be allowed to return to the scene of their crimes while they are under court supervision.

“The past is the prologue, and the accused could easily find themselves in another situation where they commit mob violence,” he added. wrote the prosecutor opposing a Travel request from a couple from New York.

At least 11 defendants have received court approval to attend the inauguration, on the day Trump could issue a ruling mass pardons of Capitol rioters. Judges rejected applications from at least eight others. One application was considered on Saturday.

Many other convicted Capitol rioters are free to attend gatherings if they have completed their sentences. Typically, people who remain under court supervision after being arrested, sentenced to probation, or released from prison must obtain permission from a judge to travel outside their home county.

Among those who can take part is Deborah Lynn LeePennsylvania woman accused of posting messages on social media calling for the execution of her political opponents in the days leading up to the riot. Lee was charged in August 2021, was convicted of four misdemeanors after a trial in October, and is scheduled for sentencing on January 27.

Justice Department attorney Carlos Valdivia argued that Lee’s return to Washington would endanger Capitol Police officers and “create an absurd situation.”

“Lee’s presence in Washington has been limited over the years to ensure the safety of the community, but in a few days she will be able to return and participate in a ceremony requiring increased security.” Valdivia wrote.

Magistrate Judge Zia Faruqui granted Lee’s request, noting that she was not charged with violence and had met the conditions of her release. The judge said Lee this time “comes to celebrate, not to demonstrate.”

“While the Court’s job is to predict the future, this is not a Minority Report. There must be credible evidence of a future threat to justify the associated release conditions.” Faruqui wrote.

U.S. District Judge John Bates allowed New York couple Carol Moore and Kevin Moore to attend the inauguration while awaiting their April trial. Prosecutors argued that the Moores’ presence could “re-traumatize” police officers, but Bates said it was unlikely that any officers at the inauguration would recognize them.

“First of all, the past is not prologue here.” wrote the judge. “The nature of the inauguration is completely different from the last event Moores attended, which involved a transfer of power. Put simply, the inauguration crowd will largely support, not oppose, the peaceful transition of power.”

The couple’s attorney said the Moores plan to join others in displaying “Day One” signs – an appeal to Trump to make good on his campaign promise forgive the Capitol rioters on the first day after returning to office. Trump repeatedly called the January 6 defendants “hostages” and “patriots.”

The list of January 6 riot defendants allowed to remain in Washington on Monday also includes: Man from New Jersey who reported to the FBI, a A woman from New Hampshire who must serve a four-month prison sentence and a Man from New Jersey accused of using a megaphone encourage other rebels.