WASHINGTON — A Midland, Texas, florist accused of participating in the Capitol riot has asked for her case to be moved out of D.C., saying the potential jury pool in the city is “tainted” by coverage of the January 6 insurrection.
Jenny Cudd, along with her co-defendant Eliel Rosa, faces charges of obstruction of an official proceeding, entering and remaining in a restricted building or grounds and disorderly conduct in a restricted building, among other counts.
Cudd, a one-time mayoral candidate, was photographed wearing a Donald Trump for President flag like a cape while joining in a mob that entered the Capitol rotunda during a joint session of Congress on January 6.
In an interview with WUSA9’s sister station NewsWest 9 two days after the riot, Cudd again said that “we the patriots did storm the U.S. Capitol” and that, “Yes, I would absolutely do it again.”
On Wednesday, Cudd’s lawyer filed a motion asking for a change of venue to Texas, saying the jury that would hear the case would be the “most politically prejudiced jury in the entire country” and claiming there is a concerted effort to “cancel” people for being “politically conservative and for their public support of Donald Trump.”
“The D.C. venire is polluted by the city’s political culture of ‘canceling’ those associated with allegations of ‘white supremacy,’” the motion claims. “A guilty verdict by a D.C. jury could be readily based on pretrial media affiliation of Ms. Cudd with ‘white supremacy.’ A not guilty verdict would be the political equivalent of social sin, of letting a ‘white supremacist’ off the hook or acting on her ‘white privilege,’ regardless of the facts in the case.”
Cudd’s lawyer also claims the militarization of the National Guard to defend the Capitol following January 6 has “materialized into an incurable community prejudice against the Capitol incident defendants.”
All of that, Cudd’s attorney Marina Medvin argues, amounts to a violation of her client’s Fifth and Sixth Amendment rights to a fair trial. Medvin says the proper remedy is for the case to be moved to Texas, where both Cudd and Rosa live and where they were arrested.
“Jenny Cudd is being scapegoated for our societal race problems and being used by Democrat commentators as an example of someone who should be socially reprimanded,” Medvin wrote.
Medvin also asked the judge to sever Cudd’s case from Rosa’s, arguing that a statement Rosa made to the FBI will be used against her client and also that he can’t be called as a defense witness if he is a co-defendant.
On Friday, however, Medvin asked the judge to hold off on ruling on her motion temporarily – saying she believed a plea deal was in the works.
As of Friday afternoon, the Justice Department had not responded to either of Medvin's motions.