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The quartet of local men who are charged with criminal activity during the January 6, 2021 capitol breach have had their trial delayed, yet again. Defense counsel for Jonah, Isaac and Robert Westbury and Aaron James, all of Lindstrom, was granted a motion to continue the expected start of the men’s trial for 60 days.  The continuance is permitted due to the defense attorney being activated for National Guard service during a recent hurricane.

Federal Judge Contreras granted the new trial a start date in February 2025.  

November 12 had been slated for pre-trial and the first day in court would have been Monday, November 18.  The judge granted the continued schedule in a hearing held last week, with the defendants represented by a replacement attorney admitted to speak for the National Guard member-lawyer who is still on assignment.

The Westbury sons and their father and James, a stepson, were charged in 2021 with multiple offenses they allegedly committed during the riot at the U.S. Capitol grounds.  Jonah was identified from a video he posted of himself in the building rotunda.  A grand jury in late September 2021 indicted Isaac and Robert and Aaron James for various civil disorder offenses along the lines of entering a restricted area, remaining there, assault, resisting officers, possessing a dangerous weapon.

Numerous challenges in their defense have been unsuccessful over the last three years;  such as access was allowed as the grounds are public property, they were exercising free speech, and/or they were being punished for offenses others committed.  They have changed legal representation a number of times and had requested trial by the court and are now back to trial by a jury.

The federal court would not dismiss the charges, finding their actions are not protected  because the offenses were meant to obstruct, injure or threaten. The breach was done with intent to interfere with Congress in performing its Constitutional duty. Additionally the court ruled that the location is owned by the government and does not guarantee universal access. 

The defendants continue to be free on their own recognizance and hearings are mostly held remotely on-line so far.

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