Posted on 03/20/2024 9:54:34 AM PDT by Red Badger
(DCNF)—The Department of Justice (DOJ) warned a Jan. 6 defendant Tuesday that his sentence would not be reduced, regardless of the Supreme Court’s decision in a coming case related to a statute he was charged under.
Jan. 6 defendant Anthony Williams asked the court in February to grant him bond pending his appeal in light of the Supreme Court’s decision to take up Fischer v. United States, which challenges the scope of an obstruction statute used to charge him, along with hundreds of other Jan. 6 defendants. The DOJ warned in a court filing Tuesday that in spite of the pending case — and an appeals court ruling finding it wrongly lengthened Jan. 6 sentences by applying an enhancement for interfering with the “administration of justice” — it would increase its sentencing recommendation on the remaining counts to maintain the current sentence length.
“[T]he government respectfully submits that Williams nevertheless cannot show that there is any likelihood that the outcome in Fischer will result in a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process,” the DOJ wrote.
The DOJ said that “the government’s sentencing recommendation likely would be different in the absence of a conviction for obstruction of an official proceeding in violation of 18 U.S.C. § 1512(c)(2) and could include a request for consecutive sentences to account for both the severity of Williams’s conduct on January 6 and for the aspects of his conduct and history that the Court originally found warranted a sixty (60) month sentence.”
The DOJ noted it did not initially recommend consecutive sentences because the range available under William’s obstruction charge “was adequate to satisfy the purposes of sentencing.”
“The calculus on resentencing would necessarily change, and a reversal of the § 1512(c) conviction could increase the aggregate sentence on the remaining counts,” the filing continues.
The Supreme Court agreed to take up the Fischer case in December. The obstruction statute, Section 1512(c)(2), threatens fines or up to 20 years in prison for anyone who “obstructs, influences, or impedes any official proceeding.”
“Hundreds of cases have been and will be affected by the scope of Section 1512(c)(2), including a case against the former President,” Fischer’s petition to the Supreme Court argued. “In addition, the use of Section 1512(c)(2) outside evidence impairment crimes is an extraordinary and unprecedented extension of the statute’s reach.”
Not Bonnie Blue, Lexington.
we are living in very dangerous times... BMA
Have said for a long time that unencumbered men with terminal illness need to start a club, kind of a “make a wish” foundation
When prosecutors are corrupt and overreach in such a manner with obvious political prosecutions, the Courts along with State Bar Associations are supposed to reign them in. What happens when the judges and those associations are also corrupt as hell?!!!?
They are in dungeons.
They're more like Hitler's Gestapo and SS put together.
From the preponderance of articles at FR, the vast majority at their conveyor belt trials pled guilty to avoid extra hideous sentences.
As I understand it, one cannot appeal if one pled guilty.
I wish Trump would call him that rather that crooked Joe. What this putz Biden does goes way way beyond routine crimes, he’s financing terror, he’s taking bribes from China, he’s taking sides against our allies, he’s actively assising in the invasion of this country. The guy is absolutely 100% a traitor and he should be prosecuted for it.
Most of them made “plea deals” to conclude their cases. The government’s legal position is if the plea is reversed or withdrawn, there is no longer a deal. If there’s no longer a deal, the DOJ will pursue the harshest sentences available under the law.
Aren’t J6 defendants allowed to steal $950 bucks worth of stuff before being arrested?
That's AFTER they were broke down by un-Constitutionally long incarceration in tortuous conditions. And all the better defense attorneys got word they'd be ruined if they dared defend them so the protesters ended up with court-assigned 'assistant prosecutors' for defense attorneys - just like most poor people who end up fodder for the massive life-destroying judicial/imprisonment system.
It's a business and we're it's fuel for consumption. Note President Trump's predicament, ordered to give half a billion dollars for a made-up case where there were no victims nor damage to anyone - then forbidden from borrowing in New York State with his sons disqualified from transference. They want the orange man in a matching NYDC jumpsuit so bad they're willing to destroy future investments into NYC to have it happen.
A Supreme Court judge with the awesome name Learned Hand once said "This is not a court of Justice. It is a court of Law." Right now I'd take either over the farce we're witnessing.
Hand is quoted so often that most people assume he was a Supreme Court Justice.
Actually, he was a federal Circuit Court judge, which is one step below the Supreme Court.
Politically, he was a heart and soul Progressive Leftist.
No GOP President would nominate him, and Democrat Presidents always had a dozen Hard Left judges to chose from.
Learned was the last name of his mother's family.
I still do not know if the name Learned is pronounced with one syllable or two.
So here they will rely on the glacial pace of the court system to excessively punish a defendant while the appeal pretty much sits there. In the Trump cases everything has to be accelerated at all cost.
The justice system has been perverted with endless process, pre-trial motions, hearings, conferences, etc. This puts a lot of money in lawyers' and court staff's pockets that could instead be put to productive use if we still had a Perry Mason style pace of justice.
FJB imprisons political opponents in inhumane jails. J6 was just a warmup.
Legacy media couldn’t care less.
After the rats steal 2024, I expect konzentrationslagers for unrepentant Trumpsters.
Legacy media will not care less.
Congressional pubbies will cower.
FreeRepublic’s days are numbered.
Have hope and hang in there. I do because without resistance to evil it destroys more had I not. Combine us all and the fight is won.
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