Oath Keepers seek trials in Virginia
May 18—None of the members of a militia group facing charges in the Jan. 6, 2021, riot and storming of the U.S. Capitol, including a Thomasville woman, are likely to get a fair trial in Washington, D.C., according to an argument filed in court.
"D.C. is a city that, as a whole, feels that it has been the victim of a crime," said the argument filed in U.S. District Court for the District of Columbia.
The argument was filed last week by the lawyers for two Oath Keepers, one in each of the two groups facing charges, but is backed by the rest, including the attorney for Laura Lee Steele, 53, of Thomasville.
All of the Oath Keepers members who are charged are accused of participating in an organized effort to force their way into the Capitol in hopes of blocking the certification of the presidential election results.
The filing notes that, historically, "the D.C. jury pool is defendant-friendly in federal cases," but the lawyers for Oath Keepers defendants don't believe that shows their clients will get a fair trial.
"That 16 experienced defense attorneys would seek a litigation refuge away from the D.C. jury pool is powerful proof that the potential ... (jury pool) is hostile to their clients," it said.
The filing cites several surveys related to attitudes about the events of Jan. 6, as well as news coverage and pronouncements by public officials.
The filing cites a survey showing that people who live in Washington are much more likely than residents of Virginia, North Carolina or Florida to believe that people who took part in the riot are guilty of crimes. Another survey, commissioned by the Federal Public Defender, found that most Washington residents thought all of the Jan. 6 defendants are generally "guilty."
"Significant majorities in the District characterized ... protestors as 'criminals' (62%) and have already formed the opinion that these individuals are 'guilty' of the charges brought against them (71%)," the filing said.
And in another survey, "over 70% literally just said they would find any ... (Jan. 6 defendant) guilty of unspecified crimes with no evidence," it said.
The trials should be moved "a whopping eight miles" to the U.S. District Court for the Eastern District of Virginia, the filing said.
In addition to survey findings showing that residents of Virginia are much less likely to be predisposed to negative views of Jan. 6 defendants, the district's courthouse in Alexandria has courtroom facilities large enough to allow all of the defendants in each of the two Oath Keepers cases — currently nine defendants in one and seven in the other — to be tried at the same time, the filing said. The D.C. courthouse, by comparison, can't accommodate a trial of more than six defendants at once.
"Additionally, the Eastern District of Virginia has multiple military bases that could be used for trials ... and are outfitted with 'brigs' that can house detained defendants during recesses in trial," the filing said.
The group that includes Steele currently is not expected to go on trial until at least late November.
The other group, which includes Oath Keepers founder Stewart Rhodes and involves the charge of seditious conspiracy, currently is scheduled to go to trial in September.
