The interim U.S. attorney for the District of Colombia filed a motion to dismiss a January 6 defendant's indictment while he was still listed as counsel of record for the defendant.
U.S. Attorney Edward R. Martin, Jr. filed the motion on behalf of the federal government on January 21, and the case against defendant Joseph Lino Padilla was dismissed with prejudice that same day. About two weeks later, Martin filed a motion to withdraw as Padilla's counsel.
Newsweek reached out to Martin via email for comment on why he chose to file the motion to dismiss before filing the motion to withdraw.
Why It Matters
Martin began representing Padilla in November 2021. Padilla was found guilty on 10 counts related to the January 6, 2021, U.S. Capitol riot and sentenced to 78 months in prison.
President Donald Trump selected Martin for the position of interim U.S. attorney on his first day in office, January 20.
Another action Trump took on the first day of his presidency was signing an executive order pardoning around 1,500 people convicted of crimes related to participation in the Capitol riot.
What To Know
Martin cited Trump's executive order in the federal government's motion to dismiss the indictment against Padilla. Padilla consented to the motion.
Judge John D. Bates of the District Court for the District of Colombia granted the motion.
In a motion to withdraw as counsel filed on Wednesday, Martin said he has not represented Padilla in post-conviction litigation, but he is still listed as "counsel of record" on the court docket.
Padilla appealed his conviction in September 2023. Since then, Padilla has been represented by an attorney working with the Office of the Federal Public Defender in New Mexico, according to Martin.
"Accordingly, as the case has now been dismissed, and as the undersigned does not currently represent Mr. Padilla, counsel requests that the Court grant this motion so the docket may accurately reflect this fact," Martin wrote in the motion to withdraw.
Padilla did not object to the motion.
What Happened on January 6, 2021?
On January 6, 2021, the Capitol was breached by individuals seeking to prevent the certification of then-president-elect Joe Biden's victory in the 2020 election. The attack resulted in multiple fatalities and injuries among the attackers and law enforcement.
Who Did Donald Trump Pardon?
Trump granted "a full, complete and unconditional pardon" to all individuals convicted of offenses related to events that occurred at or near the Capitol on January 6, 2021.
What People Are Saying
Martin, commenting on his appointment in a statement: "I want to thank President Donald Trump for trusting me to help him re-establish law and order in Washington, D.C. It is the honor of my lifetime to accept his nomination as Interim U.S. Attorney for the District of Columbia. I pledge to work as hard as he does for America, even though no one outworks him."
What Happens Next
The court has not ruled on Martin's motion to withdraw as counsel yet.
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About the writer
Jenna Sundel is a Newsweek reporter based in New Jersey. Her focus is reporting on breaking news. She has in-depth ... Read more