EXCLUSIVE: Survey Reveals Extreme Bias Toward Jan. 6 Defendants Among Potential DC Jurors

Supporters of President Trump protest at the U.S. Capitol in Washington on Jan. 6, 2021. AP Photo/Jose Luis Magana, File

For fear of being judged by biased jurors, Jan. 6 defendants have been trying to have their trials moved to venues other than the District of Columbia for three years.

Government prosecutors and judges insist there is no evidence to prove that they can’t get a fair trial in Washington.

There is now.

A survey (pdf) conducted by Triton Polling and Research between Jan. 1-8 and obtained exclusively by The Epoch Times reveals an extreme level of bias among potential jurors living in Washington toward anyone who participated in the protests at the Capitol on Jan. 6, 2021.

Of the 422 “jury eligible residents” surveyed, 27.5 percent describe Jan. 6 protestors as “insurrectionists.” Others describe them as “criminals” (13 percent), “domestic terrorists” (14.9 percent), or “traitors” (11.6 percent).

The overwhelming majority also “strongly” (75 percent) or “somewhat agree” (14.4 percent) that former President Donald Trump is to blame for what happened, and 76.6 percent “strongly agree” that Mr. Trump’s supporters are racists.

Asked if they thought Jan. 6 was “an act of terrorism,” 63.6 percent said they “strongly agree.” Just 8 percent said they “strongly disagree.”

After informing survey participants that “the penalty for insurrection, treason, or committing an act of domestic terrorism is life imprisonment or death,” 26.9 percent said they “strongly agree” and 21.1 percent said they “somewhat agree” that those penalties would “be a fair punishment for anyone who participated in any of the events of January 6.”

“Regardless of what they did,” participants were asked if “anyone who participated in the events at the Capitol on January 6 should serve prison time.” Most (51.4 percent) said they “strongly agree” and 17.4 percent said they “somewhat agree.”

Just 10.9 percent said they “strongly disagree” and 11.3 percent said they “somewhat disagree.”

Asked if “Donald Trump and his supporters should be stopped a all costs,” 47.5 percent said they “strongly agree” and 21.1 percent said they “somewhat agree.” Far fewer (1.5 percent) said they “strongly disagree” or “somewhat agree” 6.4 percent).

Most (68.6 percent) say Jan. 6 protesters should be “punished to the fullest extent of the law to prevent anything like this from happening again” and that “America is a safer place with them in prison” (40.1 percent).

The overwhelming majority (80.1 percent) said they would serve as a juror if called, and most said they “strongly” (26.1 percent) or “somewhat” agree (13 percent) that they “want to be on that jury to make sure the defendant is found guilty and held accountable for the events of that day.”

However, when asked if they would “do anything” in their power, “including lying or cheating, to stop racists, domestic terrorists, or insurrectionists,” only 7 percent said, “definitely, yes,” while 54.8 percent said, “definitely no.”

In addition, 78.6 have a “very unfavorable” opinion of Mr. Trump. Only 12 percent said the same about President Joe Biden.

Three-Year Detainee Commissioned Survey

Edward Jacob “Jake” Lang, a Jan. 6 defendant from Newburgh, New York, who has been incarcerated in the D.C. jail for three years without a trial, is the one who commissioned the survey. It was paid for through donations to the January 6th Legal Fund to support Jan. 6 defendants.

In an interview with The Epoch Times from prison, Mr. Lang, who faces 11 criminal counts and one count of obstruction, said the questions and participants for the survey were strategically chosen to provide “irrefutable facts” using “the highest standards possible” because the results are “going to be used in court for a change of venue motion” being prepared by his attorney.

“It’s going to be scrutinized by the judges and prosecutors very heavily,” Mr. Lang said.

“This data will be used by hundreds of Jan. 6ers to possibly overturn their convictions,” he said. “We must get to our home states to have a shot at justice. We must leave the District.”

An analysis published on Jan. 5 by the Associated Press shows that 1,241 people have been charged so far for their participation in the protests, which took place at the U.S. Capitol on Jan. 6, 2021. Of those, 905 have been convicted, 768 have been sentenced, and 322 are pending. Only one has been acquitted.

An analysis published Jan. 5 by the Washington Post shows that 714 defendants pleaded guilty as of early December.

Of the 131 trials that have taken place so far, over half of the defendants chose to have a judge decide their case rather than face a jury of Washington residents.

Of the 74 defendants who opted for a bench trial, 72 were convicted.

Of the 57 who faced a Washington jury, every one of them has been found guilty of at least one charge.

“The amount of bias in Washington, DC is so insurmountable that jurors can’t possibly be impartial because of their inherent fears,” Mr. Lang explained.

“I mean, 60 percent thought their life was in danger on Jan. 6. The most egregious is that nearly 50 percent of potential DC jurors believe that a fair punishment for Jan. 6ers is life in prison or the death penalty.

“How can I go to trial where 86 percent of the people think I’m an insurrectionist and 50 percent believe I deserve the death penalty or life in prison?”