Liam Conner
A high level Riot at the US Capitol the defendant openly and brazenly predicted that he would be cleared of the charges upon the re-election of former President Donald Trump this fall.
John Banuelos of Illinois, accused of firing a loaded gun in a crowd outside the Capitol on January 6, 2021, interrupted his arraignment proceedings on Monday with scathing criticism of his court-appointed defense attorney, complaints from the District of Columbia, and vulgarity in his verbal exchanges with the judge.
When urged by Washington, D.C. federal judge Tanya Chutkan to be careful about what he said in open court, Banuelos told the judge, “Trump will be in office in six months, so I have nothing to worry about.”
Judge Chutkan again told Banuelos to be cautious about making public statements about his case.
Government exhibition
Although other January 6 defendants expressed hope for a future presidential pardon, Banuelos’ statement was an explicit reference in a judicial setting.
Trump posted on social media earlier this year that one of his first acts, if he returned to the White House, would be “[f]watch the January 6th hostages being unjustly imprisoned!”
According to the Department of Justice, on January 6, Banuelos was captured on video while climbing scaffolding used to prepare the Capitol for Joe Biden’s inauguration. Prosecutors allege he waved to the crowd, pulled out his gun and fired two shots into the air.
The Justice Department filed charges against Banuelos in March, noting that “Banuelos lifted his jacket to reveal a firearm in his waistband. He then moved to the south side of West Plaza, where he was part of a crowd that had violated police line.” The charges against him have raised questions about claims by some Trump supporters that January 6 was not an “armed insurrection.”
Banuelos faces multiple charges that are unusual for the Jan. 6 cases, including entering a restricted building with a weapon or deadly firearm and illegal possession of a firearm in the Capitol.
He had several outbursts during his arraignment on Monday, during which his court-appointed lawyer pleaded not guilty to Banuelos. Banuelos, 39, ridiculed the public defender assigned to represent him as a “public pretender.”
Banuelos told Judge Chutkan, “They are playing with me.”
Chutkan disputed the criticism and told Banuelos that the court provided him with experienced, high-level defense lawyers. Banuelos also openly questioned why he would be transferred from a detention center in Chicago to a pretrial detention center in Washington, DC.
“I fear for my life in D.C.,” he said. He then asked Chutkan: “Why am I still detained and others are not?”
Chutkan told Banuelos that the January 6 cases are all being prosecuted in Washington, D.C., because that was the location of the crime. Defendants who are detained pending trial in Capitol riot cases are transferred to the Washington, D.C., area, she said.
The judge also told Banuelos that the pretrial detention order was due to a magistrate judge’s determination that Banuelos poses a risk to the safety of the community or a flight risk. Chutkan also said she could be asked to review Banuelos’ pretrial detention if Banuelos’ defense attorney files a motion asking her to do so.
Scott MacFarlane
