March 4, 2024

Appeals Court Rules in Favor of January 6 Defendants

A rather interesting lawsuit has worked its way to the DC Circuit Court of Appeals, and Democrats are not going to take this one well.

The court ruled that some of the J6 defendants were charged excessively for their role in the riot that took place on January 6, 2021.

The initial challenge was made by Larry Brock, but this will have far-reaching implications that will impact hundreds of defendants who attended Trump's rally that day, then proceeded to the Capitol, where the rioting took place.

Big Ruling

The ruling came down on Friday, with the court stating that Brock had been inappropriately charged with "interference with the administration of justice."

The ruling stated, "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.’"

While the court agreed with the conviction, it believed his sentence was excessive.

The ruling continued, "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."

The court then vacated the current sentence and it has remanded the lower court to resentence him removing the enhancement.

Judge Millet stated, "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).

"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.’"

There were numerous other J6 defendants who were also charged with this enhancement, so we are more than likely going to see the court flooded with requests for review of their sentences as well.

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