The MAGA Defendant follows Mexico Trip’s movement for a trial that has been relocated to rural Texas
Jenny Cudd admitted to storming the Capitol on January 6th. Thanks to the miracle of Facebook streaming, this isn’t really controversial. In February, she showed superhuman levels of chutzpah by asking the court to allow her to go on vacation while on trial for joining a violent revolt that killed five people. And then the court granted the motion.
Respecting the maxim you can travel a few thousand miles, Cudd and her attorney are now calling on Trump-appointed Judge Trevor McFadden to further fill in his future DC Circuit résumé by moving the criminal case to West Texas because …
The facts of this case revolve around Donald Trump and his supporters. The facts in this case include political statements that are favorable to Donald Trump and unfavorable to the political interests of the Democrats. The evidence in this case is in every way emotionally political. But the jury that would hear the facts in Washington DC is the most politically biased jury in the country.
“Democratic Political Interests.” You certainly know that they are joining the Federalist Society’s chorus to eliminate the most overused and grammatically incorrect Shibboleth in the MAGA world – Democrat as an adjective. Cudd is represented by Virginia DUI attorney Marina Medvin, an ASSLaw graduate who wrote for Newsmax wannabe Townhall.com, and she clearly pimped this file with any catchphrase that would cheer a dedicated fellow traveler.
The response in modern democratic culture to “white supremacists” was uniform: termination of employment, public disgrace, and “dismissal,” a slang term that denotes the status of a social pariah. There is a social expectation of punishment for anyone accused of being a “white supremacist”. In Washington DC, people were willingly “canceled” because they were politically conservative and publicly supported Donald Trump.
Oh no, not canceled! For someone facing jail, perhaps we could trace this motion back to something that approximates criminal law, rather than complaining that blatant racism is not as popular as it used to be. May be?
For example, Cleta Mitchell resigned from her DC law firm, Foley & Lardner, after “massive pressure campaigns against me, my law firm and clients in recent days by left-wing groups” because of Ms. Mitchell’s association with President Trump.
Get out of partnership with an international law firm to take part in a call that raises serious questions about attempted intimidation! It seems that Cleta got away with it relatively easily compared to someone facing federal criminal charges. If anything, this example seems to prove that society is indeed reasonable when it believes that behavior rises to the level of criminal sanctions.
Will she do it? I think she will. Let’s see if she goes there …
The mere accusation of “white supremacy” or “racism” is sufficient in modern society to “hang the witch”, similar to the accusatory hysteria of the 17th century in Salem.22
And the footnote on the Salem witch trials for the chef’s kiss on a poor law review notes the legal letter. Bravo.
It’s hard to emphasize how many non-sequels in this file are nudged to get Tucker Carlson to invite Cudd or Medvin to the show. “Democrat” and “Culture Break” sure, but the reader is also covered alongside “anti-racism”, “white privilege” and a cavalry of name checks of MSNBC personalities. There’s a really bizarre screenshot of Dr. Jason Johnson, who explains the innocuous fact that there is a difference between civil and criminal liability just to point out that it is black. You probably think I am exaggerating, but no, the short quotes from Johnson which indicate that the civil system can secure monetary damages for wrongful conduct, even if the criminal system cannot receive a conviction but throws in a picture to make the analysis absolutely nothing to add.
The legal argument, when it finally arrives, activates the qualification test, a tiered test of prejudice against venues that takes into account: “(i) the size and characteristics of the community; (ii) the type and scope of pre-litigation advertising; (iii) the closeness between advertising and process; and (iv) evidence of bias of the juror. “
There is a superficial case that DC Cudd may not provide a fair trial as part of this test, but it ignores the factual context of the recent fair trial jurisprudence quoted by Medvin himself. Timothy McVeigh blew up a building in Oklahoma, killing 168 people – a devastating effect on a small community – and arranging a move to Colorado. The other recent case she cites is United States v Awadallah, which denied claims that 9/11 made the southern borough of New York an unfair place. Hell, even the skilling case where the standards are set concluded that a change of venue was not warranted.
The whole motion boils down to “DC residents may have prejudice against people who commit crimes in DC,” which while true, is not a valid basis for postponing a trial.
But where you know the bravery beats a fever is when, after claiming DC’s predominantly “democratic” voting results warrant a move, the filing eschews looking for a battleground like Wisconsin or Pennsylvania and heading straight to the western district of Texas, especially in the Mittelland, the Odessa region, which voted for Trump with around 60 points, jumps. As the Washington Post put it briefly, it really says “a more Republican jury would rule their guilt or innocence more fairly”.
Guilt or innocence of the indictment due to an act she has publicly confessed.
But maybe this is crazy as a fox. If she argues that the pool is biased because of the negative reporting from the judge approving a Mexican vacation before trial, it may be just an attempt to add to the more deserved outrage of the media to claim that the pool is even more biased is.
Courts are usually not inclined to reward defendants for creating their own predicaments, but no result should surprise us after Judge McFadden’s recent advance on the matter.
Earlier: Judge lets Trump Rioter vacation in Mexico despite EVERY OPPORTUNITY TO DO THE RIGHT THING
January 6 The Capitol defendant wants the trial to be relocated to West Texas, calls DC anti-Trump, politically correct [Washington Post]
Joe Patrice is Senior Editor at Above the Law and co-moderator of Thinking Like A Lawyer. Feel free to email tips, questions, or comments. Follow him on Twitter for all the law, politics, and a healthy dose of college sports news. Joe is also the managing director of RPN Executive Search.