Some rare good news for the J6 defendants
A federal appeals court on Friday tossed out a portion of a Jan. 6 defendant’s sentence that could affect more than a hundred other cases related to the 2021 attack on the Capitol.
The ruling by a three-judge panel in Washington, D.C., looked at a lower court’s “enhanced” sentencing of a defendant over his “substantial interference with the administration of justice” on the day Congress was certifying Joe Biden’s victory over Donald Trump. The appeals court ruled that “‘administration of justice’ does not encompass Congress’s role in the electoral certification process.”
The ruling potentially opens the door to the resentencing of Jan. 6 defendants who were hit with similar sentences to that of Larry Brock, who appealed his case to the Washington court. The panel upheld Brock’s overall conviction.
So this particular ruling isn’t about the guilty convictions themselves, it’s about the “enhanced” charges that made some of the sentences so much longer than any actual offenses seemed to call for.
This was a federal court in DC, which makes it somewhat surprising that they didn’t just rubber stamp the enhanced sentence. Perhaps they figured that if they did, it would be overruled by SCOTUS? What’s more, two of the judges involved in the ruling (Pillard and Millett) were appointed by Obama, and the the third was appointed by Bill Clinton.
“… the 2021 attack on the Capitol.”
An “attack on the Capitol”?
Good heavens! The Devil you say!
My heart bleeds for the Jan6 Ralliers, to me they did nothing with a big N that day. Compared to BLM and Antifa they are Saints. Can only hope if DJT somehow wins every one of them will get a pardon.
While possible, I’m doubtful that the three liberal judges ruled as they did out of principle. It’s most likely they ruled as they did as a cautionary message to their fellow ‘justices’. Substitution of a two-tier system of ‘justice’ for the rule of law is fraught with future danger for those who institute one.
Who is the defense attorney?
Defense attorney? Isn’t it illegal to be a defense attorney for a Republican?! At least that’s what I hear from all the people who tell me they are worried about democracy.
The wheels of justice grind slowly, but grind exceedingly fine.
So far, it’s mostly been the Jan 6th defendants who’ve been getting ground up — quite a contrast to the career criminals and repeat offenders who are being released without a trial in so many cities.
BannedLizard saw it first but the “attack” was mo such thing.
It’s all show trial all the time.
Every defendant should be freed with prejudice and the prosecutor hanged.
https://www.americanthinker.com/articles/2024/03/checkmating_doj_and_jack_smith.html
if memory serves william polley, a long time fmr federal prosecutor, in the Justice Department, before the time of Obama
Never forget that Barack Hussein promised a “fundamental transformation” of America. Once a Muslim, always a Muslim, and he attended a madrassa in Indonesia and worshipped Allah and Mohamed while quite young. His mother was pretty bizarre.
He told Joe the Plumber that at some point “you have made enough money”. Yet by his and Michelle’s book sales their net worth is greater the $200 million. And they have a 30 acre oceanfront property on leftist haven Martha’s Vineyard.
@Cicero:
WTH? WTF does that have to do with anything?
Excellent link, miguel…thanks!
– – – – – – – – – – – –
“WTH?”
I’m pretty sure that Cicero is merely pointing out how great a country America is—in spite of the disgusting political persecution and frame-ups of political opponents—with a once-young Chicago community organizer cum politician of modest means able, for example, to TRANSFORM himself into a multi-multi-millionaire with a fabulous mansion and property on Martha’s Vineyard (though for some reason, no doubt modesty, Cicero neglected to mention the other mansion and property in Hawaii)…all this while TRANSFORMING the lives of many others of his fellow Americans to TOTAL CRAP and TRANSFORMING—or trying mightily to TRANSFORM—the country of which he was president for eight years into a Totalitarian, Banana Republic s*&#-hole…no doubt for the greater good (as befits a person of only the finest intentions).
That Obama hasn’t yet quite succeeded entirely is NOT due to his and lack of energy or effort—he’s doing his absolute best!…so one must give him credit for that.
Indeed he still has his arch ambition—which reflects the ARC OF HISTORY, of course—along with his determination and AUDACITY…all providing us with a good look at his EARNEST WILL TO DESTROY, I mean, TRANSFORM.
Meanwhile, he’s enjoying the good life.
So…is America a GREAT COUNTRY or what?
(I think this was Cicero’s point, but I can’t really speak FOR him…. Sincere apologies if I’ve misunderstood….)
Power line reminds us that in 1968, LBJ decided not to seek reelection because he was sinking in the polls. In March.
90% guesstimate that Biden won’t be Dem on ballot in November.
Need to set the precidence BEFORE Trumps AG starts flinging spaghetti against the wall.
After Authur Andersen prevailed at the U.S. Supreme Court 9-0 in their Enron case, the statute in question in that case was revised.
The issue now is whether that statute applies to “insurrection” charges such as those related to January 6 (cases now before the Supreme Court).
I haven’t read the case, but from news reports I recall, Arther Andersen destroyed documents under the terms that they have with any company they do an audit for (they only retain them for three years, then they are destroyed). I believe this (news about Enron) was all coming up at the same time, just before three years, when Authur Andersen destroyed the documents.
Although Arthur Andersen prevailed at the Supreme Court in a 9-0 decision and was previously the largest accounting firm in the world, they lost their clients in the meantime and was defunct by the time it was decided.
The attorney in that case, Andrew Weissmann, is pretty well known today.
Below are the Wikipedia entries for both that case and for Andrew Weissmann:
Arthur Andersen LLP v. United States
Andrew Weissmann
“Although Arthur Andersen prevailed at the Supreme Court in a 9-0 decision and was previously the largest accounting firm in the world, they lost their clients in the meantime and was defunct by the time it was decided.”
Just like many j6rs lose home and family. Pretty hard for a wife to pay the mortgage and bills and lawyer fees .with one income