California man charged in threats against Biden, Obama and others seeks new trial delay

Last week, a California man charged with driving across the country with an AR-15 and body armor while threatening to kill President Joe Biden and others won a slight delay in his case.

Now, Kuachua Brillion Xiong, a former Merced grocery clerk, wants his scheduled Dec. 4 trial delayed for up to 90 days while potential plea deal talks continue with federal prosecutors.

Xiong, 27, had been facing a deadline of last Thursday to enter a guilty plea as part of a plea bargain or face trial.

A federal judge in Iowa agreed to extend that deadline to Nov. 15 after Xiong’s federal defender, Michael Maloney, asked for more time as plea negotiations continued, requesting a Nov. 20 deadline that the judge rejected.

Now, Maloney is asking to extend the plea deal deadline again and the possible trial date while negotiations are underway and he prepares for trial.

In a court filing in Iowa federal court, Maloney wrote that Xiong “requests a continuance of trial to February 2024 or March 2024.”

“The parties are meeting in good faith to resolve the case but need more time to explore the alternatives,” Maloney wrote in the motion seeking a delay. “Additionally, should the parties be unable to reach a settlement they will need additional time to secure the necessary mental health experts for the trial.”

The motion notes that prosecutors do not oppose the continuance and that Xiong, who is in custody, understands the request for a delay.

Xiong, a former Sacramento-area resident, was arrested Dec. 21, 2021, and jailed in Iowa after being stopped for speeding on Interstate 80 and found to have an AR-15 rifle, body armor and a GPS device guiding him to the White House, court papers say.

A federal grand jury indicted him in January 2022 on charges of attempting to kill or kidnap Biden and Vice President Kamala Harris; making threats against both of them; threatening to kill or kidnap former presidents Barack Obama and Bill Clinton and former Secretary of State Hillary Clinton; making threats against then-House Speaker Nancy Pelosi and other members of Congress; and possessing a firearm in furtherance of crimes of violence.

Since his arrest, the proceedings have been delayed as his mental competence was evaluated, and at one point his attorney signaled he would seek an insanity defense.

Court documents say Xiong told Secret Service interviewers he planned to “combat evil demons in the White House” and that he expressed his “disapproval for government due to the sex abuse of children.”

Xiong also told investigators he planned to scale the White House fence with a grappling hook and would “kill President Joseph Biden unless he promised to comply to Xiong’s demands,” court documents say.