No Jan. 6 defendants should be able to delay their pending criminal trials based on speculation that the 41,000 hours of Capitol surveillance footage — recently made available by Speaker Kevin McCarthy to Fox News’ Tucker Carlson — might contain exculpatory evidence, the Justice Department argued Tuesday.
“The United States does not know the extent of any material that a member of the legislative branch purportedly provided to other individuals,” Assistant U.S. Attorney Sean McCauley wrote in a court filing connected to prominent Jan. 6 defendant Ryan Nichols.
“This Court should not commit to an indefinite trial extension for this Defendant, or for any defendants, based on the unsupported allegation that pertinent information may exist somewhere, but is not currently known to either the prosecution or the defense.”
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The DOJ is already pushing back against potential delays to January 6th cases based on the footage Carlson has been selectively airing, noting that nearly all the clips he has aired have long been available to January 6th defense attorneys. https://t.co/pXqtTq3pz9
— Citizens for Ethics (@CREWcrew) March 8, 2023