The Justice Department is arguing in various cases involving individuals charged with crimes relating to the Capitol riot on Jan. 6, 2021, that new footage released by Fox News host Tucker Carlson should not be grounds for a delay in trials.
In multiple filings, the DOJ argues that footage aired by a "television host" on Monday has been available to defendants during the nearly two-year discovery period in cases.
FOOTAGE SHOWS CAPITOL OFFICERS ESCORTING 'QANON SHAMAN' AROUND CAPITOL ON JAN. 6
"Nearly all of the footage displayed on the program has long been in the possession of defense counsel through global discovery and, in some cases, has also been admitted in public hearings and/or trials and has been available to, released to, and/or published by news media," the DOJ argued in a filing Tuesday.
In both cases, U.S. v. Ryan Nichols and U.S. v. Shane Jenkins, the DOJ is seeking to have requests for further delays due to claims on new evidence in defendants' cases rejected.
The Justice Department in the Jenkins case says that defendants are asking for "access to evidence that is likely immaterial, outside the government’s possession, and/or already provided in discovery," adding that the motion for delay should be denied in both cases.
In the Nichols case, the DOJ says the defendant's claim that his lawyers can examine Capitol security footage, made available to Carlson by House Speaker Kevin McCarthy, and that his lawyers spoke with a congressional staffer with knowledge of documents from the Jan. 6 committee are not enough to warrant a delay. DOJ lawyers also say the defendant has provided no proof of permission to examine the footage and has not given insight into how the Jan. 6 committee documents will benefit his case.
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The Department of Justice asserts in both cases that the footage is not new, despite claims by lawyers for both defendants. Nichols's lawyers had claimed in a filing that the 41,000 hours of CCTV footage was "more than double" what was previously known to exist, further arguing that the government is the "creator of the circumstance we now face."
Carlson showed new clips of Capitol security footage for the day of the riot on his show on Monday and Tuesday, showing officers escorting Jacob Chansley, who has been called the "QAnon Shaman," around the complex and letting him into the Senate chamber, among other footage. The video clips showed less chaotic scenes than most previously released footage, which displayed the violent aspects of the riot.