Saturday, March 2, 2024

Appeals Judges Rule Trial Courts Blundered In Hundreds Of J6 Sentences

A federal appeals court has ruled judges across the Washington, D.C., judiciary, largely leftists in the leftist enclave, blundered when they sentenced possibly hundreds of January 6 defendants using a special procedure to enhance their sentences that was improper.

A report from the Washington Examiner explained there are "Potentially hundreds" of defendants who will have to be resentenced, without the mistake.

It is the U.S. Court of Appeals for the D.C. Circuit that said the lower courts' decisions to claim repeatedly that the defendants, some of whom were charged for entering the Capitol building through open doors, some of whom actually rioted, were interfering with the "Administration of justice" were wrong.

The Examiner explained, "The judges took into account the 'multi-step' process of certifying Electoral College votes, finding that the vote counting was just one portion of an otherwise lengthy process to affirm the results of the 2020 election. They effectively said that counting the votes in Congress that day did not meet the definition of 'administration of justice,' and anyone sentenced for participating in the riot should not face additional penalties for interfering with it."

The report noted that it remains unclear immediately how many cases will be affected, although some 330 defendants were charged with obstruction under a statute known as Section 1512(c)(2).

The Examiner reported William Shipley, a lawyer representing multiple January 6 defendants, confirmed the problem now is "Potentially huge."

The Examiner report noted President Trump is among the defendants facing such a count, after special counsel Jack Smith launched his legal campaign against Trump. 

https://www.wnd.com/2024/03/appeals-judges-rule-trial-courts-blundered-hundreds-j6-sentences/ 

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