FAYETTEVILLE, Ark. — A Fayetteville man who pleaded guilty for crimes committed during the the Jan. 6, 2021 attack on the U.S. Capitol is asking a federal judge to postpone his upcoming sentencing hearing, citing the election of Donald Trump as president-elect.
Nathan Earl Hughes filed a motion on Nov. 11 requesting his case be continued until after President-elect Trump's inauguration on Jan. 20, 2025.
Hughes pleaded guilty to one count of civil disorder, one count of assaulting, resisting, or impeding an officer, and one count of violent entry and disorderly conduct on Capitol grounds.
FBI officials said in their investigation that Hughes was seen in security footage pushing against Capitol police, removing their riot shields and passing them back to other rioters.
In the motion, Hughes' attorney William L. Shipley, Jr. argues that the Justice Department's recent decision to delay proceedings in the criminal case against Trump himself sets a precedent that should apply to Hughes as well.
"Given the position now taken by the Department of Justice through Special Counsel Jack Smith, directly supervised by Attorney General Merrick Garland, the Department of Justice in this case, in the interests of justice, should adopt the same position as it has in United States v. Trump," Shipley wrote.
Prosecutors had previously agreed to a sentencing hearing for Hughes on Dec. 16, 2024. However, Shipley argues that a delay is warranted due to the "unique circumstances" created by Trump's election victory.
"President-Elect Donald Trump stated on multiple occasions throughout his presidential campaign in 2024 that, if elected, he intended to issue pardons, sentence commutations, order the dismissal of pending cases, and in other ways bring an end to the Department of Justice's prosecutorial endeavors regarding the events of January 6, 2021," the motion states.
Shipley argues there is a "significant likelihood" Hughes could receive a pardon from Trump once he becomes president. He went on to say that denying the motion to delay sentencing would be "contrary to the interests of justice."
The former president has repeatedly vowed to take such actions for defendants charged in connection with the Capitol attack. Whether the federal judge overseeing Hughes' case will grant the requested continuance remains to be seen.