If the prosecution case is strong, it should have no fear of a jury and judge outside of DC.

As the Supreme Court has repeatedly said: the job of a prosecutor is not merely to maximize the chances of winning, but to assure that he wins fairly and justly.

In order to achieve that goal, the prosecutors in this case should not oppose defense motions for a change of venue and judge. Nor should it oppose an appeal if the trial judge denies these well-founded defense motions.

In all likelihood, prosecutors will vigorously fight all efforts by the defense to assure an impartial jury and judge, because they want every advantage that will help them secure a victory. They will point to defense efforts to secure advantages for their client and argue that the adversary system of justice requires them to do the same.

But that is not the law.

The Supreme Court clearly delineated a different role for prosecutors who represent the government:

“The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.”

The prosecutors in the January 6th case should study this opinion before they deny Trump an impartial jury.