The D.C. Appellate court ruled Tuesday that the political leanings of the district are not enough to throw out a conviction, rejecting an appeal from a former New York City police officer charged for participating in the Jan. 6 Capitol riots.
The unanimous ruling from two Trump appointees and an Obama appointee sinks a popular defense among supporters of former President Trump.
“The political inclinations of a populace writ large say nothing about an individual’s ability to serve impartially in adjudicating the criminal conduct of an individual,” Circuit Judge Patricia Millett wrote for the court.
Thomas Webster was convicted of five felonies and a misdemeanor for his participation in the Capitol riots, including assaulting a police officer. He was sentenced to ten years in prison, which the court upheld Tuesday.
Webster argued before his trial that the jury pool was tainted because of the city’s heavily Democratic political leanings, though was unsuccessful. The appeal of his conviction continues that argument, with the same result.
“Nothing in the record suggests that the District’s jury pool had any preconceived notions about Webster or his guilt or innocence, or even knew who he was,” Millett wrote. “The record lacks any evidence of pervasive (or much of any) media coverage aimed at Webster and his conduct.”
Trump himself has made similar arguments in the media regarding his own legal troubles. He has repeatedly claimed that the New York City jury in his criminal hush money trial is biased because of the city’s left-leaning bent. That case is expected to be decided by a jury this week.
