A recently-appointed federal prosecutor submitted paperwork to dismiss the case of one of the Jan. 6, 2021, defendants who was pardoned by President Donald Trump — while the prosecutor was still an attorney of notice on the defendant’s case.
Trump appointed Edward R. Martin Jr. interim U.S. attorney for the District of Columbia shortly after his inauguration. At the time, Martin was still an attorney on file in the federal case against Jose Padilla, one of the three Chattanooga-area men who were convicted for their actions at the breach of the U.S. Capitol.
Padilla, a 44-year-old veteran and father from Cleveland, was recently pardoned by Trump and freed from his 6.5 year prison sentence.
(READ MORE: Capitol police describe Cleveland, Tennessee, man’s actions during Jan. 6 breach)
Martin, in his capacity as U.S. attorney, submitted a motion to dismiss the indictment against Padilla on Jan. 21, 2025, while he was still representing Padilla in the case, court documents show. Martin withdrew as counsel for Padilla on Feb. 2.
The overlap in dates means Martin was both prosecutor and representing the defendant at the same time. Martin was not the lead attorney on the case but was listed as an “attorney to be noticed” in the court records.
“It seems highly unusual that a person who represents the defendant would also be the person filing the motion to dismiss his charges,” said Perry H. Piper, former federal prosecutor in the Eastern District of Tennessee.
The Justice Manual, a document binding to all U.S. attorneys, directs that the attorney must contact the Executive Office of U.S. Attorneys for recusal if there is an actual or apparent conflict of interest, including if there is “an appearance of a loss of impartiality.”
“If he was therefore representing the defendant when he filed the motion to dismiss the defendant’s case, then it doesn’t look very good,” said John Cavett, a Chattanooga attorney who has practiced criminal law in federal courts in Tennessee, Georgia and Florida for 40 years.
Even though Martin’s motion to withdraw as counsel states he was no longer representing Padilla, until the motion to withdraw was filed, the record did not reflect that change, Cavett said.
The American Bar Association’s model rules of conflict prohibit attorneys from representing opposing parties in the same litigation.
“You cannot ever represent a defendant and prosecute the same person at the same time,” Cavett said. “You can only represent one side.”
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Martin has been a fierce defendant of Jan. 6 participants, reflected in his posts on social media. He has also declared that he and his staff will protect the work that Elon Musk’s Department of Government Efficiency is doing.
“Let me assure you of this: We will pursue any and all legal action against anyone who impedes your work or threatens your people,” Martin wrote in a letter to Musk that he posted on social media.
Contact Kailee Shores at kshores@timesfreepress.com or 423-757-6659.