Mass Black Judge

John Pierce had represented 17 defendants charged in the Jan. 6 Capitol riot and it became difficult to keep track of them all – then suddenly disappeared, famous for his pro-Trump rhetoric and anti-vaxxer views.

Now he is back and participating in virtual hearings, but experts remain wary.

What Is John Pierce Doing?

John Pierce is back to defend almost two dozen Capitol riot defendants accused of taking part in the January 6 riots and related activities. This right-wing attorney’s strong pro-Trump and anti-establishment stance and track record in championing conservative causes has won him clients. Yet judges are beginning to wonder whether his large caseload may raise conflicts of interest issues.

As federal Magistrate Judge Zia Faruqui reported, Ryan Marshall has been acting in place of Pierce at many riot suspect hearings since Pierce fell ill on August 23. Ryan told him he felt fine and would continue representing Stephanie Baez, facing multiple riot-related charges. Ryan Marshall has also represented numerous suspects since Pierce became incapacitated on Aug 23.

Marshall has offered multiple explanations for Pierce’s absence at hearings, according to federal pleadings. These included having a conflict, being involved in a car accident and hospitalized for COVID-19 (according to Marshall). Others close to Pierce denied any hospitalization or use of ventilator.

Pierce sent a Wednesday letter to the judges overseeing these cases in which he stated that Marshall was doing “his best under unbearable conditions,” criticizing federal agents who criticize Marshall as an associate and represented Capitol Riot defendants he promised to drop any cases where conflict issues arose.

Pierce filed this letter in connection with a man facing multiple charges of disorderly conduct and violent entry into a restricted building, as well as another who stands accused of breaking windows and assaulting police with a tomahawk.

Pierce first gained public notice when representing 17-year-old Kyle Rittenhouse, charged with killing two and wounding another during civil unrest in Kenosha last year due to the non-fatal police shooting of black man Jacob Blake. Pierce was later dismissed from his defense team following concerns raised regarding how it handled donations made specifically for Rittenhouse’s legal defense.

Where Is John Pierce?

Pierce, representing 17 of 18 accused rioters, planned interviews and meetings with clients before going missing. He failed to show up for two virtual hearings last week as well. Matthew Marshall informed judges that Pierce was hospitalized with COVID-19 and on a ventilator; however, prosecutors claim Marshall lacks legal standing to act on his behalf; ethical considerations also bar him from continuing representing clients at that time.

Pierce has returned to court, though Stephanie Baez said she prefers public defense over working with Marshall. At an afternoon hearing for Baez in D.C. federal court on Thursday afternoon, Marshall indicated that Pierce is still seriously ill, spending most of yesterday sleeping and having conflicting reports from friends regarding whether or not COVID-19 remains present – according to government filings.

Marshall countered by saying he had found a licensed attorney who is approved to assist Pierce in handling his Jan. 6 cases and assist in others, though not criminal defense work. Marshall stated this person, licensed both in Alabama and Florida to practice bankruptcy law, had been providing assistance on some Jan. 6 cases but could not attend Thursday’s hearing due to illness.

Zia Faruqui, the judge, expressed discomfort with this situation and instructed Marshall to find an “competent and experienced” criminal defense lawyer to handle Pierce’s caseload until he can resume practicing law himself. She informed Marshall she will need time to review their files.

Pierce’s firm continues to take on clients for civil rights and business litigation work despite recent allegations about his health status, with Harvard-educated attorney William Pierce known for high-profile conservative political activism and fundraising for clients involved in lawsuits against large companies like Chevron that resulted in $8 billion of damages being awarded against it.

What Happened to John Pierce?

Pierce was hired as defense counsel for numerous people charged with rioting inside the Capitol building in January, as well as clients belonging to extremist groups like Oath Keepers and Proud Boys. Unfortunately, Pierce has been missing from hearings, with no phone answering for 12 days at his law office – prompting government alerting judges he might be using Covid-19; finally resurfacing Wednesday before court proceedings resumed.

Filing a letter detailing his hospitalization for 12 days at an area Los Angeles facility and that his physician predicted another week for recovery before being well enough to return to his work and cases, he wrote in response that “I greatly appreciate the government’s expressions of compassion and hope for my recovery”.

Although Pierce has gone missing, some of his clients continue to work with him; one such client, Deborah Lynn Lee (an accused rioter), was apparently bothered by his absence and told a judge in her case Thursday that she’d rather have a public defender instead.

Brian Leduc, Lee’s lawyer, dismissed that claim in a tweet. According to him, it would be impossible for a lawyer representing multiple clients with life imprisonment charges to miss all their court appearances while sending in nonlawyers instead.

But according to the Justice Department, that was exactly what occurred here. Pierce failed to attend any hearings he was scheduled for and instead sent his unlicensed associate in his place,” according to government pleadings.

Ryan Marshall has appeared as Pierce’s associate in court at two status conferences for him. Marshall, 30, graduated law school two years ago from Pierce Bainbridge and now works on litigation, lobbying and non-profit work before eventually being licensed as an attorney himself. Pierce has told judges he plans to make Marshall an equal partner once licensed.

Before beginning his current practice, Pierce made an entry into litigation funding by founding a firm that raised money from hedge funds for contingency cases. Unfortunately, this venture ultimately collapsed, leaving Pierce with significant debt that has made paying bills increasingly challenging.

Who Is John Pierce?

Attorney John Pierce is one of the nation’s premier trial lawyers. His law firm is regularly hired by major corporations and financial institutions to litigate complex business disputes, earning him accolades such as being named “one of America’s Top Jury Trial Lawyers” by Benchmark Plaintiff Litigation in 2012. His legal strategies have earned him widespread praise as evidenced by this title awarded to him in 2012.

Pierce is known for taking on controversial cases. He has successfully represented clients accused of murder, rape and other serious offenses. Pierce earned national attention when he took on Kyle Rittenhouse’s case — an influential conservative who was charged with homicide during a 2020 protest held in Kenosha Wisconsin.

But suddenly Pierce went missing. He did not appear for court hearings and his phone went straight to voicemail, prompting federal prosecutors to file notices with judges that he had been hospitalized in Los Angeles and could no longer be reached.

Friends and acquaintances offered various explanations for his disappearance: some reported COVID-19 diagnosis on a ventilator; while others suspected car accidents or dehydration. According to federal court filings, an assistant U.S. attorney handling Capitol Riot cases attempted to find a licensed lawyer who could assist 17 defendants charged with rioting but ultimately found someone unsuitable for their needs; these accounts contradict each other.

Pierce has since returned, telling NPR that he can “100%… without question” represent all 17 rioters he represents. He pointed out that his absence was caused by an “extremely chaotic” 12-day hospital stay during which time he hadn’t been vaccinated against coronavirus.

He would not discuss his strategy in these cases in detail, but did mention to NPR that he is considering the theory that the rioters may have been set up by government agents as part of an attempt to have them arrested.

Legal experts caution that it can be extremely challenging to defend high-profile cases without regularly appearing in court, and mixing political rhetoric, culture wars and fundraising on the internet with criminal defense proceedings in court can often prove hazardous.