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Inset: FILE – Ed Martin speaks at an event hosted by Rep. Matt Gaetz, R-Fla., at the Capitol in Washington, June 13, 2023 (AP Photo/Amanda Andrade-Rhoades, File). Background: FILE – Violent rioters loyal to President Donald Trump storm the Capitol in Washington on Jan. 6, 2021 (AP Photo/John Minchillo, File).
A federal prosecutor recently appointed by President Donald Trump remained the attorney of record for a Jan. 6 defendant until this week – well after signing off on a motion to dismiss the defendant’s case.
On Jan. 21, Edward R. Martin, Jr., the interim U.S. Attorney for the District of Columbia, submitted a motion to dismiss the indictment against Joseph “Jose” Lino Padilla – who was charged with 12 counts related to the pro-Trump riots at the U.S. Capitol Complex.
On Feb. 5, Martin filed to withdraw as counsel of record in the case.
The motion filed by the prosecutor casts the decision to withdraw as the attorney of record in the closed case as a mere formality and something of a long time coming.
In February 2021, Padilla was originally charged in a criminal complaint – followed by an indictment, a superseding indictment, and, finally a second superseding indictment that resulted in a total of 11 counts.
In May 2023, the scuba mask-wearing rioter was found guilty on 10 counts following a bench trial by George W. Bush-appointed U.S. District Judge John D. Bates. In September 2023, Padilla was sentenced to 78 months in prison – with credit for time-served.
Martin has been a member of the D.C. Bar since 2003. He first joined Padilla’s legal team on Nov. 10, 2021 – in between the time the original indictment and the superseding indictment were filed in the case.
The appeals process followed his client’s conviction – but Martin says he did not take any part in that stage of the proceedings.
“Mr. Padilla noticed his appeal in this case in September 2023,” the motion to withdraw as counsel reads. “From that point forward, he was represented by an attorney working with the Office of the Federal Public Defender in New Mexico. That defender entered her appearance in this case on November 1, 2024. Although undersigned counsel has not represented Mr. Padilla in connection with post-conviction litigation, counsel remains listed as counsel of record on the docket.”
Padilla’s case was still making its way through the appeals process when Trump issued nearly 1,600 pardons and commutations for Jan. 6 defendants by way of an executive order issued on Jan. 20, the day he took office.
In the motion to dismiss the case with prejudice filed by Martin, Padilla consented to the grant of clemency.
On Jan. 27, the district court finally dismissed all of the counts.
The latest Martin filing also notches Padilla’s consent.
“Accordingly, as the case has now been dismissed, and as the undersigned does not currently represent Mr. Padilla, counsel requests that the Court grant this motion so the docket may accurately reflect this fact,” the motion reads. “This motion has been served upon the defendant personally. Mr. Padilla has no objection to this motion.”
On the social media site X (formerly Twitter), several commentators criticized the apparent conflict of interest. A report on the turn of events by the Reuters wire service quoted two legal experts who expressed various levels of dismay about Martin’s representation.
That story also cited a “private spokesperson” for Martin who said he had complied with the rules relevant to his current position.
While the Trump administration is not likely to view the issue as a matter of legal ethics worth looking into, the court took note of a separate but closely-related matter.
After Martin filed the proposed motion to withdraw, the following entry appeared on Padilla’s case docket:
Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Criminal Rule 57.21.1, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal.
Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/12/2025.