Analysis-U.S. can expect 'a flood of plea deals' in Capitol attack cases
after guilty verdict
Send a link to a friend
[March 09, 2022]
By Jan Wolfe
WASHINGTON (Reuters) - Prosecutors can
expect a wave of guilty pleas from some of the hundreds of people
charged with joining the assault on the U.S. Capitol, after the first
criminal trial related to the riot ended in a lightning-quick guilty
verdict on Tuesday, legal experts said.
A Washington, D.C, jury deliberated just two hours before finding Guy
Reffitt of Texas guilty on all five charges he faced for his role in the
Jan. 6, 2021, violence by Donald Trump's supporters, including bringing
a gun onto the Capitol grounds and obstructing an official proceeding.
He faces up to 20 years in prison.
"This is a big win for prosecutors," said Jessica Levinson, a professor
at Loyola Law School in Los Angeles. "Get ready for a flood of plea
deals from other Jan. 6 defendants."
The U.S. Justice Department picked up momentum over the past week in its
cases against participants in the largest assault on the seat of
Congress since the War of 1812, an attempt to stop the certification of
President Joe Biden's election victory.
Reffitt's guilty verdict came the same day prosecutors charged Enrique
Tarrio, the former chairman of the right-wing Proud Boys, on conspiracy
charges for allegedly helping plan and direct the assault, though he was
not present at the Capitol that day.
Also during Reffitt's week-long trial, Joshua James, one of the 11
people affiliated with the right-wing Oath Keepers charged with
seditious conspiracy for their alleged role in the attack, pleaded
guilty to criminal charges.
Almost 800 people face criminal charges relating to the Jan. 6. More
than 200 have already pleaded guilty rather than invoke their
constitutional right to a jury trial — a common move in the U.S. legal
system that typically results in a lighter punishment.
Reffitt was the first Jan. 6 defendant to roll the dice on a trial.
Legal experts said the strategy was risky because prosecutors have a
wealth of video evidence and because jurors in the District of Columbia
are unlikely to be sympathetic to Jan. 6 defendants.
"If there were other Jan. 6 rioters who were on the fence about whether
to roll the dice and go to trial, this verdict sends them an
unmistakable message about the government's ability to prosecute these
cases quickly and effectively," said Randall Eliason, a former federal
prosecutor now at the George Washington University Law School.
"I expect this will lead additional defendants to decide to plead guilty
and cooperate with the government."
[to top of second column]
|
A mob of supporters of then-U.S. President Donald Trump climb
through a window they broke as they storm the U.S. Capitol Building
in Washington, U.S., January 6, 2021. REUTERS/Leah Millis/File
Photo/File Photo
DEFENDANT'S HELMET-CAM
The Capitol attack has been called the most documented crime in
history, thanks both to the large number of news media at the scene
and the many participants who took photos and videos of their
actions that they shared online.
Reffitt, 49, roamed the Capitol grounds with a
camera mounted to his helmet, and prosecutors showed jurors video
footage taken by that camera.
In one clip, Reffitt repeatedly urged rioters to drag House of
Representatives Speaker Nancy Pelosi and other lawmakers out of the
Capitol building.
"I didn't come here to play — I'm taking the Capitol," the video
showed Reffitt saying at one point. "I just want to see Pelosi's
head hitting every stair on the way out."
Reffitt's lawyer, William Welch, argued that Reffitt is only guilty
of entering a restricted area and should be cleared of more serious
charges.
"This case has been a rush to judgment, most of it based on bragging
and a lot of hype," Welch told jurors.
While defendants who plead guilty typically get a shorter prison
sentences, Reffitt was still looking at years behind bars if he
pleaded guilty. People facing criminal charges all have different
risk tolerance, and Reffitt may have decided the chance of a victory
at trial was worth chasing, said Jeffrey Cohen, a former federal
prosecutor in Boston.
Reffitt is a member of a far-right militia group called the Texas
Three Percenters. While Reffitt has not made clear his thought
process, it is possible he refused a plea deal because he remains
convinced that his actions were justified, said Cohen, now a
professor at Boston College Law School.
Some defendants may be holding off on pleading guilty because of an
ongoing debate among judges. On Monday, U.S. District Judge Carl
Nichols ruled that prosecutors cannot charge Jan. 6 defendants with
obstructing an official proceeding unless they tampered with
official documents or records during the Capitol breach. Several
judges have disagreed with Nichols's interpretation of the law, and
the issue will likely be resolved by an appeals court this year.
But a slew of plea deals could follow Reffitt's verdict nonetheless,
experts said.
"This verdict might wake up other defendants to the reality that
jurors won't see things their way," said Cohen.
(Reporting by Jan Wolfe; Editing by Scott Malone and Aurora Ellis)
[© 2022 Thomson Reuters. All rights
reserved.] This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content. |