Donald Trump’s projected victory in the presidential race has already prompted one Jan. 6 defendant to ask a federal judge for a delay to his case because Trump has “made multiple clemency promises” to nonviolent offenders.

Christopher Carnell of North Carolina was just 18 years old when he and David Worth Bowman, 22, also of North Carolina, entered the U.S. Capitol among the mob of rioters on Jan. 6, 2021. They made their way inside by climbing through a Senate Wing door. Once inside, Carnell went through the crypt and rotunda and then entered the Senate chamber, where he observed other rioters and talked with them about documents they found on senators’ desks.

Carnell even remarked to another rioter rummaging through the documents that Sen. Ted Cruz (R-Texas) “is on our side” and “he’s with us.”

Carnell has a status hearing for his case slated for Nov. 8. In a three-page filing entered onto the federal criminal docket in Washington, D.C.. on Wednesday, he urged the court to reconsider that hearing.

“The Court has asked the parties to present status arguments on Nov. 8, 2024, but as of today, 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,” Carnell’s attorney wrote.

Carnell has asked that the hearing be moved to Dec. 13, just two days after the deadline for the appointment of electors — when governors or other designated officials are required to certify each state’s presidential electors.

This is a developing story. Please check back for updates.