Appeals Court Rules Jan 6 Defendant Was Sentenced To Improperly Long Prison Term In Ruling That Could Impact Dozens Of Cases
A federal appeals court in Washington D.C. ruled that hundreds of January 6 defendants were sentenced to longer than necessary prison sentences.
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.
Other aspects of Brock’s conviction were upheld, but the appeals court said it would “vacate Brock’s sentence and ordered the district court to resentence the single “interference” charge.
Friday’s ruling could impact hundreds of January 6 defendants who have been charged under the Biden DOJ’s “obstruction of an official proceeding” felony, which hinges on a bizarre legal theory stemming from the Enron corruption scandal. Dozens of January 6 defendants have been sentenced to lengthy federal prison terms as a result of the felony when they would have otherwise been charged with misdemeanors.
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.
