(Ken Silva, Headline USA) Jamiee Avery is set to be sentenced Friday for two misdemeanors in relation to her participation in the Jan. 6, 2021, Capitol Hill uprising, but she’s now asking for a delay in the wake of Donald Trump’s 2024 election victory.
“President-elect Trump, who played an integral role in the events of January 6, 2021, has repeatedly publicly stated that he will pardon January 6 protestors should he win the presidency,” Avery’s motion stated.
“The government has requested a 30-day period of incarceration for Ms. Avery. In light of the real possibility that the incoming Attorney General will dismiss Ms. Avery’s case or at the very least, handle the case in a very different manner, it would be fundamentally unfair to Ms. Avery to move forward to sentencing under these circumstances.”
The motion, which was filed by public defender Elizabeth Mullin, also included a snarky anti-Trump footnote: “Moreover, it would create a gross disparity for Ms. Avery to spend even a day in jail when the man who played a pivotal role in organizing and instigating the events of January 6 will now never face consequences for his role in it.”
UPDATE: Another J6 defendant asks for a delay but 👀
"It would create a gross disparity for Ms. Avery to spend even a day in jail when the man who played a pivotal role in organizing and instigating the events of January 6 will now never face consequences for his role in it." pic.twitter.com/r7fJsJTQC9
— Kyle Cheney (@kyledcheney) November 6, 2024
Avery’s motion seeks to delay her sentencing to Jan. 20, after Trump’s inauguration.
U.S. District Judge Christopher Reid Cooper has yet to rule on the matter.
In a separate case, Judge Beryl Howell denied a similar motion to delay a status hearing for Jan. 6 protestor Christopher Carnell, who’s been convicted of several misdemeanors and is fighting the unconstitutional felony obstruction charge.
“Mr. Carnell, who was an 18 year old nonviolent entrant into the Capitol on January 6, is expecting to be relieved of the criminal prosecution that he is currently facing when the new administration takes office,” his Wednesday motion stated, as first reported by Politico. “Mr. Carnell is now awaiting further information from the office of the president-elect regarding the timing and expected scope of clemency actions relevant to his case.”
Judge Howell denied that motion within hours, setting the status hearing for Friday.
Dozens, if not hundreds, of other Jan. 6ers are expected to file similar motions.
Ken Silva is a staff writer at Headline USA. Follow him at x.com/jd_cashless.
