Bombshell Jan. 6 Ruling Comes Down
"A federal appeals court in Washington, D.C., has determined that some of the individuals detained during the protest at the U.S. Capitol Building on January 6, 2021, were subjected to 'improper' sentencing, a decision that could have significant consequences for these individuals.
The sentence of defendant and former Air Force officer Larry Brock was found to be flawed by the U.S. Court of Appeals for the D.C. Circuit due to the inclusion of charges related to 'interference with the administration of justice.' Circuit Judge Millett, the author of the court's opinion, stated that tampering with Congress's certification of the electoral votes for the 2020 presidential election does not warrant a sentence increase.
“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,’” Millett wrote.
Regarding Brock’s sentence, the appeals court asserted, “the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes,” disagreeing with the conviction but upholding Brock’s sentence.
According to Fox News reports:
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.
According to the U.S. Attorney’s Office in Washington, D.C., Brock was charged after he attended then-President Trump’s “Stop the Steal Rally” on the morning of January 6th.
He then marched with others to the U.S. Capitol, entering the building at approximately 2:24 p.m.
“Upon arrival, Brock ascended the Upper West Terrace and entered the building through the door to the Senate Wing. After exiting, he attempted to open a set of secured doors marked ‘U.S. Senate’ with an unidentified set of keys,” the U.S. attorney’s office stated in a filing.
The filing continued: “Brock then reached the Senate floor, where he spent about eight minutes examining paperwork on desks. During this time, Brock advised others against sitting in the Vice President’s chair or being disrespectful, cautioning that the rioters could not afford to ‘lose the IO war.’”
He left the Capitol Building around 3:02 p.m.
“While exiting, he helped deescalate a confrontation between another rioter and Capitol Police officers and escorted the rioter out of the Capitol. Brock was inside the building for approximately 38 minutes,” the attorney’s office added.
Reports indicate that due to the additional enhancement, he received a two-year sentence in federal prison. Advocates argue that despite exercising their First Amendment rights, Brock and many others were prosecuted and sentenced."