In a recent court filing, Capitol rioter Thomas Caldwell’s lawyer David Fischer argued in favor of changing the venue for his client’s upcoming jury trial, in part by claiming that residents of Washington, D.C. — where the trial is currently set to take place — “despise many things that traditional America stands for.” Obviously, Fischer’s argument is nonsensical, since who’s to say what vision of America gets to be the “right” one? Besides, pretending like the residents of any locale are essentially a monolith is simply profoundly ignorant. Federal Judge Amit Mehta tore into Fischer’s argument during a hearing this week.
As reported by journalist Adam Klasfeld, Mehta concluded that Fischer’s filing “reads less like a legal brief than something you might read on a blog,” which the judge called “not acceptable.” As reported by journalist Jordan Fischer, Fischer (the rioter’s lawyer) claimed that in D.C., there’s “so much prejudice against these defendants… it’s off the charts,” to which the judge replied by asking what basis he used for this conclusion. Fischer shot back that the city “is very anti-Donald Trump,” at which point the judge said:
‘So? Even if I accept that’s true, that doesn’t mean your client can’t get a fair trial.’
Mehta added that he thinks “it would come as a surprise to many District residents that we lack those traditional values.” More fully, the judge added as follows, addressing Fischer:
‘I think you’ve done a wonderful job for your client. I really do. But this brief… reads less like a legal brief than something you might read on a blog. And that’s not acceptable. I expect better from you. I expect better from everybody in this courtroom… There may be very valid concerns about whether or not your client can get a fair trial. But painting with a broad brush, casting aspersions… writing a brief that looks like it’s been ripped out of a blog post isn’t going to do it.’
(Besides the reference from Adam Klasfeld, each of these quotes come from local D.C,-area reporter Jordan Fischer.) Caldwell is affiliated with the violent far-right group known as the Oath Keepers and is facing federal charges including conspiracy because of apparent pre-meditation of the Capitol violence. Check out more coverage from Fischer below:
Mehta: "How do you know that?
Fischer: "This city is very anti-Donald Trump."
Mehta: "So? Even if I accept that's true, that doesn't mean your client can't get a fair trial."
— Jordan Fischer (@JordanOnRecord) September 8, 2021
Mehta: "They despise many things traditional Americans stand for…."
Fischer: "And they do! They do!"
— Jordan Fischer (@JordanOnRecord) September 8, 2021
Mehta: "There may be very valid concerns about whether or not your client can get a fair trial. But painting with a broad brush, casting aspersions… writing a brief that looks like it's been ripped out of a blog post isn't going to do it."
— Jordan Fischer (@JordanOnRecord) September 8, 2021
Fischer: "They're sick and tired of news media, of politicians, labeling them as racists. It's sick and vile. So maybe I was a little extreme in my language."
— Jordan Fischer (@JordanOnRecord) September 8, 2021
