Appeals Court Overturns Jan. 6 Defendant’s Sentence, Impacting Dozens of Cases

Even so, the Biden regime is jailing journalists and putting them in leg and belly Chains to face Jan. 6 ‘misdemeanors.’

The prosecutions are/were treason at the highest level.

That election was stolen. These criminal actions merely secure the coup.

Appeals Court Overturns Jan. 6 Defendant’s Sentence, Potentially Impacting Dozens of Cases

Dozens of Jan. 6 cases might be impacted after the court’s ruling on Friday.

By: Jack Phillips, Epoch Times, March 1, 2024;

An appeals court in Washington unanimously ruled that a Jan. 6 defendant’s sentence was improperly enhanced, a move that could impact numerous other Jan. 6 cases.

On Friday, the U.S. Court of Appeals for the D.C. Circuit ruled that Larry Brock, who was convicted for a range of crimes related to Jan. 6, improperly had additional charges of “interference with the administration of justice.” The judge who wrote the court’s opinion wrote that the charge doesn’t apply to a sentencing enhancement, however, and struck it down.

“Brock challenges both the district court’s interpretation of Section 1512(c)(2)’s elements and the sufficiency of the evidence to support that conviction,” wrote the judge, Patricia Millett.

The judge, who was appointed by President Barack Obama, concluded that any interference with Congress’ certification of the 2020 electoral votes isn’t tantamount to a sentencing enhancement.

“Because Section 2J1.2’s text, commentary, and context establish that the ‘administration of justice’ does not extend to Congress’s counting and certification of electoral college votes, the district court erred in applying Section 2J1.2(b)(2)’s three-level sentencing enhancement to Brock’s Section 1512(c)(2) conviction,” the judge wrote.

The judges, in siding with Mr. Brock, wrote that Congress’ function on Jan. 6 was not judicial but was only a part of the 2020 presidential election process.

“Taken as a whole, the multi-step process of certifying electoral college votes—as important to our democratic system of government as it is—bears little resemblance to the traditional understanding of the administration of justice as the judicial or quasi-judicial investigation or determination of individual rights,” the panel concluded.

Law enforcement officials who were there at the Capitol on that day, they added, were “to protect the lawmakers and their process, not to investigate individuals’ rights or to enforce Congress’s certification decision.”

“After all,” the judges wrote, “law enforcement is present for security purposes for a broad variety of governmental proceedings that do not involve the ‘administration of justice’—presidential inaugurations, for example, and the pardoning of the Thanksgiving Turkey.”

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Eric Arthur Blair

1 month ago

An honest judge. It happens.

12

The Saint

1 month ago

Actually, the appeals court only overturned the enhancements to the sentence. They left the basic sentence intact.

7

John Acord

1 month ago

Yes, this is a good and unexpected decision from the woke DC Court of Appeals. If it stands, and I bet that the DOJ thugs will appeal, it will affect the sentences of numerous defendants. However, very few, if any, of the convicted defendants were allowed to remain free pending trial, and many will have served their full sentence, including the false enhancement. ALL of the J6 defendants not only need to be pardoned in full but they must also be compensated for all costs associated with their unjust trials and incarceration. I pray that President Trump will see that this is carried out. Moreover, all of the DOJ thugs who participate in this wholesale deprivation of civil rights should be prosecuted to the full extent of the law. These convictions cannot stand and the judges who imposed these sentences should be impeached and removed from the bench.

12

Stephen Honig

1 month ago

There is some light, especially from a judge appointed by Obama.

5

George

1 month ago

What they really want, just like all communist countries, is to send to the gulag everybody that doesn’t support the one party State.

7

Robert L. Kahlcke

1 month ago

Hopefully, President Trump will issue PARDONS on January 2, 2025, for those involved in the demonstrations.
The only crime committed that day was the First Degree Murder of Mrs. Ashli Babbitt, an UNARMED U.S. AIR FORCE VETERAN.

6

Maria Villa

1 month ago

We need to pray and support Trump because he will make changes to the corrupt Marxist/Communist Biden Regime!

1