This Could Be Very Interesting

On March 1 (updated March 2), Trending Politics posted an article about a recent decision by a federal appeals court in Washington D.C.

The article reports:

The U.S. Court of Appeals for the D.C. Circuit ruled Friday that defendant Larry Brock — a retired Air Force colonel who was sentenced to two years in federal prison for peacefully protesting in a building — was improperly sentenced. The court took issue with the inclusion of charges of “interference with the administration of justice.”

According to Circuit Judge Millett, who authored the court’s opinion, interference with Congress’ certification of the presidential election in 2021 does not apply to a sentence enhancement.

“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 opinion reads.

The court upheld Brock’s conviction but disagreed with the sentencing. “”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,” Judge Millett wrote.

Obviously this decision could affect the sentences of all the January 6th political prisoners.

The article concludes:

Brock was initially arrested and charged on January 6, 2021 on just two charges: knowingly entering or remaining in any restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds.

The “interference” charge was added at a later date.

“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),” Judge Millet wrote. “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.’”

The Supreme Court is also reviewing the validity of the Biden DOJ’s use of the “obstruction of an official proceeding” statute.

Stay tuned.

 

Is The Department Of Justice Capable Of Telling The Truth?

Yesterday Breitbart reported the following:

The Department of Justice (DOJ) has withdrawn its claim that a Capitol riot suspect was found to be in possession of a “fully constructed” LEGO set depicting the U.S. Capitol; the LEGO set was still contained in a box, the DOJ said Friday.

The article continues:

Robert Morss, a substitute social studies teacher, allegedly engaged in violent behavior during the riot, according to the Pittsburgh Post-Gazette …

In court documents filed July 2, as the Department of Justice pushed for Morss to be detained until trial, the federal government noted:

During his arrest, law enforcement recovered some clothing and other items that appear to match those he carried with him on the 6th – including a “Don’t Tread on Me” flag, a neck gaiter, a military utility bag, a black tourniquet, and military fatigues. (Law enforcement also recoverd a fully constructed U.S. Capitol Lego set.) In addition, MORSS had three different firearms including a handgun, a shotgun, and a rifle….

The Capitol set is one of the most sought-after and most expensive LEGO sets, currently priced at $266.95 at Amazon.com.

The last line of the article states:

The DOJ is seeking to ensure that Morss remains in custody, pending trial.

What we are watching is the criminalization of any political views that differ with those in the White House. There is no reason for Mr. Morss to remain in custody. He is a threat to no one. He is a political prisoner of the Biden administration.