Sunday, March 3, 2024

At least 100 J6 attendees were very wrongly over-sentenced

People swept up in the Department of Justice's January 6 dragnet have been getting extraordinarily harsh sentences.

Brock's attorney argued that a legislative procedure is not within the purview of "The administration of justice." However, the activists in the Department of "Justice" and those sitting as judges at the trial court level insisted that interfering with "The administration of justice" included "The unnecessary expenditure of substantial government resources." That's an amazing viewpoint that argues that everything the government does is just.

On appeal, the D.C. Circuit appellate court got it right, explaining that "We hold that the 'administration of justice' enhancement does not apply to interference with the legislative process of certifying electoral votes." While acknowledging politely that the trial judges were desperately trying to enhance the sentence of the January 6 defendants, the appellate court essentially said that Brock's argument was a no-brainer: Section 2J1.2's text, context, and commentary show that "Administration of justice" refers to judicial, quasi-judicial, and adjunct investigative proceedings, but does not extend to the unique congressional function of certifying electoral college votes.

The plain, natural, and ordinary meaning of the phrase "Administration of justice" is the governmental process of investigating, determining, and enforcing the legal rights of persons.

Snip] Black's Law Dictionary similarly defines "Obstructing the administration of justice" and "Interfering with the administration of justice" as "[t]he skewing of the disposition of legal proceedings, as by fabricating or destroying evidence, witness-tampering, or threatening or intimidating a judge[.

" Perverting the Course of Justice, BLACK'S LAW DICTIONARY 1383 In addition, right in the commentary to Section 2J1.2 of the sentencing guidelines, the sentencing commission echoed Black's Law Dictionary, making it quite clear that the goal was to punish matters associated with judicial proceedings.

What's important to note here is that neither the language of the sentencing guideline nor the legal history behind the concept of the "Administration of justice" nor the commentary on the guidelines is ambiguous.

https://www.americanthinker.com/blog/2024/03/at_least_100_j6_attendees_were_very_wrongly_oversentenced.html  

No comments:

Post a Comment

ACLU Lawyer Can’t Answer When Justice Alito Asks Her to “Define man or woman, boy or girl” During Questioning on Transgenders In Sports Case

 On January 13, 2026, the U. S. Supreme Court heard arguments regarding whether states can prevent transgender girls from competing on girls...