WASHINGTON -- U.S. District Judge Emmet Sullivan told federal prosecutors Wednesday that he would give them more time to proceed with the case against an Arkansas defendant and four other people charged in the Jan. 6 storming of the U.S. Capitol.
David Benowitz, a Washington defense attorney representing Peter Francis Stager of Conway, did not object to the extension.
With more than 300 people already charged over the breach, the investigation and prosecution is likely to be "one of the largest in American history," prosecutors said in their motion seeking a 60-day continuance.
Prosecutors said the government is sorting through more than 15,000 hours of video footage as well as more than 210,000 tips "of which a substantial portion include video, photo and social media."
Defendants are entitled to receive any exculpatory evidence that prosecutors find.
Given the "voluminous" discovery involved, "I think it's appropriate and certainly consistent with the fair administration of justice" to give prosecutors another 60 days, Sullivan said.
It will be "a little more difficult" for the government to get additional delays, he added.
Stager did not address the court during Wednesday's remote hearing.
A married man with two children, Stager was arrested Jan. 14, eight days after allegedly attacking a Washington, D.C., Metropolitan Police Department officer with a flag pole on the Capitol steps.
Initially, he was charged with one count of obstructing a police officer from his duties during a civil disorder.
Transported from Arkansas to the Capitol shortly after his arrest, Stager is being held, pending trial, in the Washington, D.C., jail.
On Jan. 29, a federal grand jury indicted Stager on seven charges, including "assaulting, resisting or impeding certain officers using a dangerous weapon."
The charge carries a maximum penalty of up to 20 years in prison.
Defendants, under the Sixth Amendment to the U.S. Constitution, are entitled to "a speedy and public trial, by an impartial jury."
According to the timeline established by the Speedy Trial Act of 1974, trials should be held within 70 days of charges being filed or a defendant's initial court appearance, whichever is later.
A judge can stop the clock from running, however, if "the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial."
The speedy trial timeline is tolled in other circumstances as well, including when a defendant seeks the delay.
In this case, extra time was warranted, Sullivan said.
He scheduled the next status hearing for July 7, which also will be held remotely because of coronavirus restrictions.
During Wednesday's hearing, Stager's attorney told the court that his client uses a CPAP machine for sleeping but has been deprived of it during his detention.
Agreeing that Stager should have one, Sullivan said he would prefer that government officials voluntarily provide a machine and expressed confidence they would now promptly do so.
If necessary, Sullivan said he would issue a court order to that effect.
Hearings, for the time being at least, will continue to be conducted outside of the courtroom, he said.
"I'm very concerned about exposing anyone to any risk: my staff, my court family, myself, the attorneys -- anyone," he said.
Before wrapping up, Sullivan also expressed concern about the defendants' well-being.
"If anyone incarcerated wants a vaccination, you need to let me know," he said. "I don't know what the protocol is for getting the vaccination while incarcerated. But believe me, if that's what you want, you're going to get it and I'm going to make sure you can get it."
Stager is one of five Jan. 6 defendants who were represented by counsel during the hearing.
In addition to 18 U.S.C. 111(a)(1) and (b); assaulting, resisting or impeding certain officers using a dangerous weapon, Stager is also charged with:
• 18 U.S.C. 1512(c)(2) and 2; obstruction of an official proceeding, and aiding and abetting.
• 18 U.S.C. 231(a)(3); civil disorder.
• 18 U.S.C. 1752(a)(1) and (b)(1)(A); entering and remaining in a restricted building or grounds with a deadly or dangerous weapon.
• 18 U.S.C. 1752(a)(2) and (b)(1)(A); disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon.
• 18 U.S.C. 1752(a)(4) and (b)(1)(A); engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon.
• 40 U.S.C. 5104(e)(2)(F); violent entry and disorderly conduct in a Capitol building.