Jan. 6 rioter who choked his girlfriend and was convicted in separate case should be exonerated because DOJ has limited resources: Trump admin

The Trump administration is urging a national justice to flip retired a California man's condemnation connected firearms charges, arguing that President Donald Trump's broad pardon for Jan. 6 defendants exonerates him.

Benjamin John Martin was recovered to person participated successful the breach of the U.S. Capitol connected Jan. 6, 2021, and helium was charged and yet convicted connected each counts, including felony civilian upset and obstructing an authoritative proceeding. As helium was being arrested for successful September 2021 astatine his location successful Madera, California, the DOJ discovered an array of amerciable firearms and ammunition, and helium was tried separately and yet convicted successful national tribunal successful California connected the weapon charges.

The Department of Justice nether Trump, however, wants that condemnation reversed, arguing successful an 18-page filing that "were it not for Martin's engagement successful 'the events that occurred astatine oregon adjacent the United States Capitol connected January 6, 2021,' his firearms offenses would not person travel to light, fto unsocial been prosecuted."

The renewed question to vacate comes arsenic the latest improvement successful a saga that began much than 5 years ago.

In September 2021, the FBI executed a hunt warrant astatine Martin's location successful transportation with the Capitol attack. Agents recovered 8 guns, including an AR-15-style battle rifle, arsenic good arsenic aggregate high-capacity magazines and much than 500 rounds of ammunition.

This proved to beryllium a occupation for Martin beyond his charges related to the insurrection — which were yet rendered irrelevant owed to Trump's pardon connected the archetypal time of his 2nd word — due to the fact that helium "was prohibited from possessing these items." He had a anterior home unit condemnation and ensuing restraining bid "for choking his past woman and dragging her backmost into the location aft she tried to flee."

According to prosecutors astatine the time, not agelong aft his arrest, "Martin was caught connected a recorded jailhouse telephone wherever helium instructed his past fiancee to prevarication to authorities and archer them that the firearms seized from his residence belonged to her and her begetter and that helium did not cognize astir them. She agreed to bash so."

Trump's pardon came successful January 2025, and the DOJ, nether caller leadership, argued that Martin's firearms condemnation should beryllium overturned due to the fact that the charges were lone brought due to the fact that of the Jan. 6-related search. The 9th U.S. Circuit Court of Appeals released Martin from jail, but dismissed the petition to overturn the firearms conviction.

Now, successful the U.S. District Court for the Eastern District of California, the Trump medication is demanding the tribunal springiness the lawsuit different look.

First, the DOJ points to Trump's pardon.

"The pardon present applies 'to convictions for offenses related to events that occurred astatine oregon adjacent the United States Capitol connected January 6, 2021,' the caller filing reads. "That connection is not constricted solely to offenses that occurred astatine the U.S. Capitol connected January 6, 2021. The words 'relate[d] to' successful their 'normal sense' person a 'broad common-sense meaning' that perchance reaches thing having 'a transportation with' the related-to events."

"Here, the Department has determined that determination is nary dependable crushed to judge that Martin's possession of firearms astatine his home, portion being a prohibited person, would person been discovered successful a mode different than arsenic the unexpected byproduct of executing a hunt warrant seeking grounds related to Martin's behaviour astatine the U.S. Capitol connected January 6," the DOJ adds.

But adjacent if the pardon were not considered, the firearms condemnation should inactive beryllium thrown out, the Trump medication argues. Not lone is it successful the "interests of justice," the DOJ claims, but it is the government's prerogative.

Additionally, "while this prosecution and entreaty person consumed important resources of the United States Attorney's Office, continued prosecution of this lawsuit volition perchance impact further (yet scarce) resources," the renewed question to vacate adds.

To this end, the DOJ points to "significant staffing shortages" and an influx of "petitions for writs of habeas corpus" successful immigration-detention cases arsenic reasons for this proclaimed scarcity.

It is unclear erstwhile the appeals tribunal volition respond.