Donald Trump’s Justice Department is trying to jail a guy for trespassing on federal property in order to mount an illegal protest — a nonviolent version of what the president pardoned 1,500 people for doing.And the case is being handled by the office of interim U.S. Attorney Ed Martin, the Trump ally who once represented Jan. 6 defendants and described the day as “Mardi Gras in D.C.” On taking office, Martin summarily demoted veteran prosecutors who pursued Jan. 6 cases, part of a controversial record that this week has suddenly put his nomination in jeopardy.
Now this little-noticed prosecution looks likely to become a test of whether Trump’s pardons have created new legal defenses for people who get arrested at Washington demonstrations.I spoke to a half-dozen lawyers who have worked both sides of protest arrests and they all said the legacy of Jan. 6 is likely to shape future proceedings, either in court or in the minds of jurors. The defendant’s own attorney, Robert Haferd, signaled the strategy when he said in an interview: “Why is this harmless, conscientious, respectful, nonviolent, organized demonstration being prosecuted seeking a conviction when, on the other hand, other violent, disgraceful mob-style vigilantism is being pardoned?”
Indeed, when marauding rioters get off scot free, it has a way of changing the culture for everyone.
The specifics of the case are laughably mild: According to charging documents, a longtime activist named Adam Eidinger was among a group that went to the front steps of the National Archives on Jan. 10, climbed ladders to the top of its Corinthian columns and raised a 40-foot banner urging then-President Joe Biden to recognize the Equal Rights Amendment.