Judge slaps down Capitol rioters' claim Trump win gives them get out of jail free card

Prosecutors don't intend to give up on cases against Jan. 6 defendants just because Donald Trump won re-election.

Several alleged Capitol rioters have cited special counsel Jack Smith's decision to pause the election interference case against the president-elect to request a similar wind-down of their own cases, but prosecutors responded by arguing that Trump's case was unique and had no bearing on other cases, reported Politico.

“There is a public interest in the prompt and efficient administration of justice," wrote assistant U.S Attorney Isia Jasiewicz in response to a motion from defendant Stephen Baker's legal counsel. "The government and the Court have endeavored to deliver that interest."

“The defendant’s citation to Special Counsel Jack Smith’s motion to vacate a briefing schedule in the matter of United States v. Trump … is inapposite,” Jasiewicz added. “That motion refers to the ‘unprecedented circumstance’ of a criminal defendant being ‘expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025.’ The need to ‘determine the appropriate course going forward consistent with Department of Justice policy,’ is not similarly implicated in this case, where the defendant is a private citizen.”

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U.S. District judge Tanya Chutkan agreed to vacate upcoming deadlines in Trump's case at Smith's request following the election.

Smith pointed out in a filing Friday that Trump is set to be certified as president-elect on Jan. 6 and inaugurated Jan. 20, and the Department of Justice has a longstanding policy against prosecuting sitting presidents.

Trump vowed just days before the election to fire Smith "within two seconds" of taking office again, and some of his allies have called for the special counsel to be prosecuted himself, and he has suggested he may pardon his supporters who have been convicted and jailed in connection with the violent 2021 riot.