California attorney who has attracted clients with pro-Donald Trump politics is in legal difficulty after the government claimed he hadn’t communicated with federal prosecutors regarding 17 defendants charged with rioting at the U.S. Capitol earlier this year.
That could spell bad news for defendants defending themselves in court – including one who recently fired Pierce amid public dissension over how his firm handled donations for their defense fund.
John Pierce
Attorney John Pierce had become so overwhelmed by clients related to the January 6 Capitol riot that he lost track of how many he represented; the government estimates 17 defendants, but Pierce himself claims he has represented over 20.
Pierce, known for combining politics and law, has taken the lead on defending high-profile Capitol rioters–including members of Oath Keepers and Proud Boys militia groups, son of right-wing media founder, people accused of trespassing or assaulting police during protests and others charged with trespassing or assaulting. Through his nonprofit conservative legal group he raised funds for their defense; promising an all-out battle on their behalf and depicting himself as an anti-corruption hero who rescues them from what he sees as an attempt at coercion to trap his clients into further mistreatment.
But according to prosecutors, Pierce has been unresponsive for days and his clients effectively without counsel. A court filing from prosecutors noted that Pierce’s associate, Ryan Marshall has been standing in at hearings as an agent without legal qualifications, while two criminal charges remain outstanding against him.
Pierce returned to court Wednesday after more than a week’s absence, sending a letter to all judges informing them he was hospitalized due to Covid-19 and will not return until September 13. Additionally, he filed a motion seeking permission to travel overseas for family matters.
While Pierce was gone, some of his clients needed to find new attorneys or were appointed court-appointed ones. For example, Kyle Rittenhouse from Illinois who is accused of killing two and wounding one during a riot in Wisconsin last August is facing murder and wounding charges, so the judge overseeing his case requested interviewing Pierce’s assistant as well as members of his firm regarding what transpired during Pierce’s absence.
Pierce is being accused by the Justice Department of raising funds for his private defense fund and using his position as an attorney to promote his beliefs. His supporters believe they are under attack from this agency. They believe he has been targeted because of his pro-Trump politics and refusal to support vaccine mandates for children. Legal experts believe the case exemplifies the potential pitfalls associated with mixing political rhetoric, cultural arguments and fundraising with criminal defense litigation in court. NPR spoke with several of these experts for this story. Experts agreed that Pierce’s strategy may backfire, as his lack of experience practising criminal law may make it more challenging for him to succeed in these cases. Furthermore, some believe his strategy could even be illegal. NPR’s Sean Delany contributed to this report while John Carney can be followed on Twitter @NPRJohnCarney or you can view their full disclosure policy here.