The two cases had managed to steer clear of each other as the justice department and House panel pursued the same ground
“It is reasonably foreseeable that information relevant to the defendants’ guilt could soon be released,” assistant US attorney Erik Kenerson wrote on Tuesday. “Inability to prepare their respective cases … is potentially prejudicial – to all parties.”
By contrast, the select committee, in conducting a congressional investigation examining the circumstances surrounding the Capitol attack, can issue subpoenas for documents and testimony whenever and however it likes, given the approval of a majority of its members. Not all of the defendants sought a delay. Tarrio opposed the request because “an impartial jury will never be achieved in Washington DC whether the trial is in August, December, or next year”. Ethan Nordean, another prominent Proud Boys figure, opposed the request unless he was freed from pre-trial detention.
The justice department, meanwhile, has its own concerns with the transcripts’ release and would seemingly prefer to get the transcripts in private to compare what witnesses have told the select committee and what they have secretly told a grand jury.
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