Background: Violent rioters supporting President Donald Trump storm the Capitol in Washington, Wednesday, Jan. 6, 2021 (AP Photo/John Minchillo, File). Inset: Jared Wise (Justice Dept. court filing).
A onetime FBI agent facing felony charges for allegedly storming the U.S. Capitol on Jan. 6 says his trial should be delayed because the upcoming presidential election has created too “charged” of an atmosphere for him to get a fair trial.
Jared Wise is facing felony civil disorder and assault charges, as well as a handful of disorderly conduct and trespassing misdemeanors for joining the mob of Donald Trump supporters that violently descended on the Capitol that day. As Law&Crime has previously reported, Wise, who worked for the FBI from 2004 to 2016 and served as a supervisory special agent, allegedly yelled “kill ’em” at Jan. 6 rioters clashing with police, who he called “the Gestapo.” He has complained that he is being targeted for his political beliefs.
Now, according to a recent court filing, Wise says his trial date of Nov. 1 should be postponed and that U.S. District Judge Randolph Moss should start the trial on the agreed-upon “back-up trial date” of Jan. 7.
“[R]esetting to January 7, 2025, would ensure the trial goes forward without a monumental election hanging in the balance,” Wise’s lawyer argued in the trial brief and motion to continue the trial date.
“Given the likelihood that we won’t know the results of the election the week of November 4, having trial in January is the prudent option, especially on January 7, when it will hopefully be clear that we won’t have a repeat of January 6, 2021,” the brief also says.
Wise’s brief says that the concerns expressed in an earlier motion to change venue — including the allegation that his jury pool would be very limited due to his connection to Washington, D.C., from having worked for the federal government for more than a decade — are “heightened during the current trial setting due to the politically charged environment, and the increased news and media focus on issues surrounding President Trump’s candidacy and possible reelection[.]”
Wise also complains about “how difficult some states are making it to efficiently count votes,” implying that he doesn’t trust that the votes in the upcoming election will be fairly and fully counted, an argument that echoes the many baseless statements Trump and his allies made alleging that the 2020 election was stolen from the former president.
The brief itself does not provide examples, but the mechanics of how the upcoming election will operate has been the subject of litigation and controversy in multiple states, including Georgia, New York and Nevada.
The criminal charges against Trump for his alleged actions relating to the Jan. 6 riot is yet another reason to delay the case, Wise argues.
“Notably, there has already been greater media coverage this week, as new evidence has been made public related to the prosecution of President Trump for the events of January 6, 2021, and the focus and coverage is likely to accelerate in coming weeks,” the brief says.
Trump has hinted that, if elected, he will pardon those convicted of committing crimes at the Capitol on Jan. 6, when lawmakers were forced to evacuate or shelter in place for hours after rioters breached the building as Congress had begun to certify Joe Biden’s electoral win.
Have a tip we should know? [email protected]
