DC appeals court rejects J6 defendant's argument DC too liberally bias for fair jury trial

Federal judges on Tuesday rejected an argument from lawyers for Jan. 6 defendants that their clients cannot get a fair jury trial in Washington, D.C., because of the city's strong liberal bias. 

The defendant in the case is former New York City Police Department Officer Thomas Webster, who is charged with five felonies in connection with the Jan.6, 2021, riot at the U.S. Capital. His attorneys are seeking a change of venue for the trial based on their bias argument.

The 3-0 ruling was made by judges for the U.S. District Court of Appeals for the District of Columbia Circuit. 

Webster allegedly attended the Stop the Steal rally in full body armor before the riot, then marched to the Capitol where he struck an officer with a flag pole he was carrying and breached a police barricade. Among the charges are assault and use of a dangerous weapon. 

The decision was made by two former President Donald Trump appointees and an appointee of former President Barack Obama.

“The political inclinations of a populace writ large say nothing about an individual’s ability to serve impartially in adjudicating the criminal conduct of an individual,” wrote Obama appointee Patricia Millett in the decision joined by Trump appointees Greg Katsas and Neomi Rao.