Members of the far-right extremist grout the Proud Boys who are facing trial for terrorism charges stemming from their alleged roles in the deadly Jan. 6 riot are crying discrimination, claiming that there are not enough white and Republican jurors at their sedition trial.
Opening arguments are set for this week. But a defense lawyer for one of the defendants issued a complaint on his client’s behalf accusing prosecutors of rejecting several white men and a Catholic clergyman, who he sees as potentially friendly jurors.
It took 10 days to select 12 jurors and four alternates. At the end of the process, Nicholas Smith, who’s representing Proud Boys member Ethan Nordean, took exception to the choices.
According to Law & Crime, Smith said that the prosecution’s decision to cut multiple “white, male Republican[s]” from the panel amounted to discrimination.
“None of these jurors expressed any sympathy for rioters or Donald Trump,” Smith said, later adding: “There is no possible explanation that I can think of for cutting these jurors except for prohibited characteristics.”
On Monday, U.S. District Judge Timothy Kelly, who was appointed by President Donald Trump, batted down the complaint, Law & Crime reported.
The judge ruled that removing the priest from the pool wasn’t discrimination since it was done because of a concern about his professional experience — not specifically because he is a priest. And Kelly ruled that claims about discrimination against white jurors or male jurors didn’t hold weight, as both demographic groups are still represented on the panel.
“This isn’t a situation at all where the effect of these peremptories is to render the jury bereft of white people or men,” Kelly said.