The Surprise Ruling That Tosses a Grenade Into the Jan. 6 Prosecutions

Slate ^ | Aug 21, 2023 | Mark Joseph Stern

[where's_the_Outrage?]

James Little invaded the U.S. Capitol on Jan. 6, 2021, to prevent Congress from certifying Joe Biden’s victory over Donald Trump. He later pleaded guilty but remains unrepentant, insisting that he engaged in a “patriotic” protest that was hijacked by antifa, Black Lives Matter, and Capitol Police as part of a “setup” to entrap Trump supporters. In light of his criminal conduct and ongoing lack of remorse, U.S. District Judge Royce Lamberth sentenced Little to 60 days in prison and three years of probation. He appealed, asserting that this penalty was illegal. On Friday, the U.S. Court of Appeals for the District of Columbia Circuit agreed by a 2–1 vote, vacating his sentence.

The D.C. Circuit’s decision is, on its face, a win for Little and others like him. It throws a surprise wrench into the Department of Justice’s prosecution strategy for low-level rioters while stripping judges of the ability to impose a stint behind bars followed by long-term supervision. But the decision, if upheld, may prove to be a Pyrrhic victory for some number of Jan. 6 defendants whom it ostensibly benefits. That’s because, by abolishing the flexibility of a split sentence, it may well lead to more prison time rather than less—the opposite of what Little and his fellow rioters seek. Still, the decision could be a disaster for the DOJ, which relied on the split-sentence possibility when making many decisions to offer plea deals to the people who stormed the Capitol on Jan. 6. If those sentences are now overturned, dozens—maybe hundreds—of Jan. 6 rioters will essentially be let off the hook for their crimes.

[where's_the_Outrage?]

"The DOJ charged many of these individuals with unlawfully parading or demonstrating in the Capitol, a so-called petty offense."

I cannot understand how when the capital police help open the capital doors for people to enter how they can be charged with unlawful entry.

[Guenevere]

It’s time for Little to SUE!

[ifinnegan]

They’re political prisoners.

[lightman]

How is walking politely between the ropes after passing through the doors opened by the USCPD possibly "STORMING"?

[Gene Eric]

Newsmax reported “entered”. The runt at Slate reported “invaded”.

[Macho MAGA Man]

I caught that as well.

[Secret Agent Man]

If this was truly a genuine insurrection and attempt to overturn government as TPTB are trying to frame it, to paraphrase Comic Book Guy,

“WORST. INSURRECTION. EVER.”

[kiryandil]

royce lamberth is a Deep State stooge and a stooge POS.

[metmom]

Nobody *invaded* the Capitol.

This is supposed to be a government by the people and for the people, not to mention that they were LET IN by capitol police.

[j.havenfarm]

As I’ve said ad nauseum in this forum: lawsuits are not magic. They’re immune for decisions of the type; he doesn’t have a claim. In situations where people do have a claim against the government, the cost of defense and any settlent or judgment is paid for by we taxpayers

[KTM rider]

Could this be a loophole to allow selective and biased sentencing in order to allow them to go easy on the antifa/fbi hired crisis actors that got caught up in the net ?

[asinclair]

This ruling is interesting because it opens a possibility of getting true justice against the Jan 6 persecutors. I have to wonder if the obstruction of justice would rise to a RICO indictment.

Not that I expect any grand jury from hearing evidence of this.

[KTM rider]

I wish I was exaggerating or joking but, anyone who seriously questions the results of the 2020 election is being charged with insurrection, even Trump, it has been happening all across the USA in every state ( and the fbi is involved in most of these cases)

[Taxman]

Err . . . Could it be that the entire WDC legal apparatus is LIEberal/Socialist/Marxist/Fascist/Communist/Democrat?

[metmom]

That is obvious. They’ve made it clear they are politically persecuting dissenters or anyone who threatens to expose them.

[Responsibility2nd]

Runt? Not the word I’d use. But close.

[wardaddy]

Tribe Finook lefty ultra woke

Prolly upper west side reared

It’s the reality if you can call it that he knows

[jonrick46]

"he engaged in a “patriotic” protest that was hijacked by antifa, Black Lives Matter, and Capitol Police as part of a “setup” to entrap Trump supporters."

This is what I was thinking when I watched the live streaming images of January 6th.

[KTM rider]

I can remember a few years back a story about a woman election official attempted to blow the whistle on Early Voting mass election fraud in CO 2020, she contacted the effbeeaye but was found dead in her car a few days later, it said the effbeeaye took over the investigation and found no signs of foul play, then her husband was arrested charged and sentenced to jail time for voter fraud after submitting her ballot on election day after she died, he claims she filled out the ballot before she died but somehow they got him and he confessed. Then another city official caught massive ballot cheating in Mesa County CO and tried to expose it but when she attempted to gather the evidence, she was arrested and charged with election tampering, spent years in court and lost everything she had on lawyers and lost carreer but finally got dismissed .

wish I could find the news articles. it was a while ago. I could hardly believe what I was reading ! ( this is just a few examples)

[Bullish]

Anyone who was entrapped committed no crimes. There’s going to be a massive amount of case dismissals and pardons.