Capitol rioter tells judge that Biden's popularity won't allow him to have a fair trial

A California man who faces the most serious charges in relation to the Jan. 6 Capitol riot is asking a federal judge through his lawyers to move his trial outside of D.C., saying that media coverage will taint the jury, The Sacramento Bee reports.

“The government has characterized the events of January 6 – including the attempted obstruction in which the government alleges Mr. McHugh participated – as an attack on our elections, government institutions generally, and democracy as a whole, (and) suggest that those District residents closely connected to the government are more likely to view themselves as the direct victims of the events,” lawyers for Sean Michael McHugh wrote. “Second, even District residents that have no direct connection to the government reported feeling deeply traumatized by the events that took place so close to where they live and work.”

McHugh faces eight felony and two misdemeanor counts and is accused of using bear spray against Capitol police officers.

McHugh’s lawyers also argue that President Joe Biden won 92 percent of the D.C. vote, which puts supporters of former President Donald Trump at a disadvantage.

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“According to the government’s theory of the case, Mr. McHugh and the others charged in connection with January 6 did what they did in order to prevent Joseph Biden from becoming President notwithstanding his share of the electoral and popular vote,” they wrote. “That is, the government’s theory is that Mr. McHugh and others were seeking to nullify the votes of an overwhelming majority of District residents – in the only national election in which District residents have any say, given their lack of representation in Congress.”

“As such, the residents of the District sitting as jurors are highly likely to view Mr. McHugh not only as someone who victimized them, but also as someone who might victimize them again in the future, raising a concern about punishing for propensity,” McHugh’s lawyers argued.

“Given the electoral makeup of the District, it would be impossible to empanel a jury that was not full of people that the government charges were the targets of Mr. McHugh’s alleged offenses," they added.