A York man who has been charged with moving police barricades and entering the U.S. Capitol during the Jan. 6, 2021 insurrection is seeking to have his case delayed as a result of the recent presidential election, according to court records.
Gerald (also known as “Jeremiah”) Powell is scheduled to go to trial in 2025 in the U.S. District Court for the District of Columbia, online court records state.
His attorney, William L. Shipley, Jr., filed a motion in court three days after U.S. District Judge Tanya Chutkan halted all deadlines for filings in the election interference case against President-elect Donald Trump. Special counsel Jack Smith plans to wind down two federal prosecutions of Trump because of department policy against trying a sitting president, according to a source with the U.S. Justice Department.
Gerald (also known as “Jeremiah”) Powell, circled in red, waving his American flag as officers close the East Front Doors behind him on January 6, 2021.
Powell’s attorney wrote that Trump stated multiple times during the presidential campaign that “he intended to issue pardons, sentence commutations, order the dismissal of pending cases, and in other ways bring an end to the Department of Justice’s prosecutorial endeavors regarding the events of January 6, 2021.”
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“Given the position now taken by the Department of Justice through Special Counsel Jack Smith, directly supervised by Attorney General Merrick Garland, the Department of Justice should, in the interests of justice, adopt the same position here as it has in United States v. Trump, i.e., that the unique circumstances created by the outcome of the election justifies pausing all proceedings in this matter, with the parties responding back to the Court with regard to how this case should further proceed – if at all – beginning 70 days from now, March 10, 2025,” Shipley wrote in the brief.
Shipley also cited in the brief the financial costs and pretrial preparation work the parties would incur if the case is not delayed.
About the case
The FBI arrested 51-year-old Powell on May 9, 2024, a news release states.
He was charged with a felony offense of civil disorder and the following misdemeanor offenses: entering or remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building or grounds, and parading, demonstrating, or picketing in a Capitol building or grounds, the release states.
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The U.S. Attorney’s Office in the District of Columbia alleges Powell moved police barricades and waved an American flag while walking around the perimeter of the Rotunda inside the U.S. Capitol building.
USA Today reporter Bart Jansen contributed to this report.
This article originally appeared on York Daily Record: York man charged in Jan. 6, 2021 insurrection seeks to delay his case.
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