A federal judge Friday dealt a blow to the seditious conspiracy case against the ex-Proud Boys leader, ruling against his bid to be tried before four of his alleged former lieutenants.
The five Proud Boys defendants will be tried together.
According to federal precedents, the law favors trying co-conspirators together.
The original August 8 trial date was requested by only Tarrio.
Tarrio has argued in legal papers that he was the only one who wasn't present at the Capitol during the riot.
Good cause exists for the continuation, according to the judge.
Tarrio's co-conspirators wanted the later date to give them more time to conduct polling in support of their request to move the trial.
The judge wrote that the government agreed that the hearings might prejudice the defendants.
The January 6 committee's anticipated release of transcripts for some 1,000 witness interviews caused federal prosecutors to request more time.
The Department of Justice has not been told when the transcripts will be made available to federal prosecutors.
The judge declined the defendants' requests to be released pending trial, but said he would consider new motions to move the trial out of DC.
The five co-conspirators are accused of seditious conspiracy, conspiracy to defraud the United States, conspiracy to harm an officer, destruction of government property, and additional counts relating to their alleged roles in the January 6, 2021 riot at the Capitol.
The certification of Joe Biden's presidential win was attacked by a force of 100 extremists, according to prosecutors.
Dominic Pezzola is accused of being the first to break into the building because he used a riot shield that had been taken away from a Capitol Police officer.
They have not entered a plea.
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