Trial date set for Des Moines’ Doug Jensen in Jan. 6 U.S. Capitol riot; judge refuses to dismiss key charge

Doug Jensen, the Des Moines man dubbed the “poster child” of the Jan. 6, 2021, attack on the U.S. Capitol, is set to face a jury later this year.

In a hearing Friday, U.S. District Court Judge Timothy Kelly ordered Jensen’s trial to be held the week of Sept. 19 in Washington, D.C. Prosecutors and Jensen’s defense attorney said they expect it to last no more than four to five days.

Jensen achieved instant notoriety when he was caught on video during the riot, chasing and confronting a police officer inside the Capitol while wearing a distinctive QAnon T-shirt. Jensen, who FBI agents later described as a “true believer” in the QAnon conspiracy theory, told investigators in a subsequent interview that he wore the shirt and pushed to the front of the mob because he wanted the anonymous “Q” to get the credit for the actions of the crowd.

In Depth:Who is Doug Jensen? Tracing a QAnon believer’s path to the Jan. 6 Capitol riot

What charge against Doug Jensen did the judge refused to dismiss?

He is facing seven charges from the attack. In Friday’s hearing, his attorney, Christopher Davis, unsuccessfully sought the dismissal of one of them: obstructing an official proceeding — a count lodged against many of the most prominent participants in the riot. Davis contended that the joint session of Congress convened to certify the results of the 2020 election, which was underway when the rioters forced their way into the Capitol, was not an “official proceeding” as defined by law, and that even if it was, the law is too vague or overbroad to apply to Jensen’s conduct.

Kelly rejected those arguments “for substantially the same reasons I and other judges in the courthouse have denied similar motions.” He said the Jan. 6 joint session has all the features of an “official proceeding,” and the law in question is not so vague that defendants would not know what is forbidden.

More:Iowa Republicans condemn violence but sidestep RNC’s ‘legitimate political discourse’ resolution

The defense appeared to expect Kelly’s decision, as Davis acknowledged in a recent filing that numerous D.C. judges — including Kelly — had already rejected similar motions from other defendants. The next battle, he said, will be over what evidence can be admitted at trial.

Davis told Kelly he intends to file a motion to suppress Jensen’s lengthy Jan. 8 interview with the FBI at the Des Moines Police Department, which he said he will challenge on the grounds that it was less than fully voluntary. He also will object to evidence from searches of Jensen’s cell phone. Kelly set March deadlines for those filings.

For subscribers:Iowa mother and son say fair trial impossible in DC, want Jan. 6 cases moved to Iowa

Jensen apologizes for breaking terms of parole

At the end of the hearing, Jensen through Davis apologized to Kelly for failing to follow his conditions of release during a brief stint of home detention last summer, and asked Kelly to reconsider his order that returned Jensen to pretrial custody. Kelly, who has already denied one motion for reconsideration, told Jensen he appreciated the apology, and that he’d consider any future motions that complied with applicable legal standards.

Jensen is one of seven Iowans so far to be charged in the Jan. 6 attack. One, Daryl Johnson of St. Ansgar, has pleaded guilty, while the other cases remain pending.

From January:Here’s where the cases stand against 6 Iowans charged over participating in the U.S. Capitol riot

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.

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