According to recent reports, over 100 individuals who participated in the January 6, 2021, Capitol protests could see their sentences shortened following a federal appeals court ruling last week. U.S. Court of Appeals for the District of Columbia ruled that defendants convicted of obstructing Congress’ certification of the presidential election could not be given longer sentences for interfering with the “administration of justice.”
Circuit Judge Patricia Millett determined that defendant Larry Brock, a retired Air Force colonel who was facing two years in federal prison for his participation in the Capitol protest, must be resentenced. The appointee of former Democratic President Barrack Obama refuted the argument of the Justice Department, asserting that Congress certifying the results of the 2020 election was not equivalent to a judicial proceeding. The decision could lead to reduced sentencing for numerous other protestors who were charged with felony obstruction.
“Brock’s interference with one stage of the electoral college vote-counting process–while no doubt endangering our democratic processes and temporarily derailing Congress’s constitutional work–did not interfere with the ‘administration of justice,'” Millett wrote.
“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. He also challenges the district court’s application of the three-level sentencing enhancement for interfering with the ‘administration of justice,’” the court ruling further added. “As for Brock’s sentence, we hold that the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes,” Millett added.
Next month, the U.S. Supreme Court is slated to hear the felony obstruction issue after it opines on arguments on whether the Capitol protestors can be charged with obstructing an official proceeding. Otherwise, the protestors would only face misdemeanor charges.
“Larry Brock participated in the violent January 6th riot at the United States Capitol that forced the evacuation of members of Congress and their staff and prevented Congress’s certification of the 2020 presidential election until the next day. After a bench trial, the court convicted Brock of six crimes, including corruptly obstructing Congress’s certification of the electoral count under 18 U.S.C. § 1512(c)(2),” Millett stated. “At sentencing, the district court applied a three-level sentencing enhancement to Brock’s Section 1512(c)(2) conviction on the ground that Brock’s conduct resulted in ‘substantial interference with the administration of justice.’”
Last year, former President Donald Trump made a massive announcement suggesting he would pardon those imprisoned for protesting on his behalf on January 6. “I am inclined to pardon many of them. I can’t say for every single one because a couple of them, probably, they got out of control,” Trump said.
“But, you know, when you look at Antifa, what they’ve done to Portland, and if you look at Antifa, look at what they’ve done to Minneapolis and so many other – so many other places, look at what they did to Seattle. And BLM – BLM, many people were killed,” the leading GOP presidential candidate added. “These people – I’m not trying to justify anything, but you have two standards of justice in this country, and what they’ve done – and I love that question because what they’ve done to see many people is nothing – nothing. And then what they’ve done to these people, they’ve persecuted these people.”
Featured image credit: Tyler Merbler from USA, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons, https://commons.wikimedia.org/wiki/File:2021_storming_of_the_United_States_Capitol_DSC09254-2_(50820534063)_(retouched).jpg
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